Article 1 - PARTIES TO THE CONTRACT
This Agreement, from One Party:
SELLER: Şahaneev Tekstil
Email: info@sahaneev.com
The Other Party:
BUYER: End User (Customer)
Article 2: SUBJECT
The subject of this Agreement is the sale and delivery of products ordered electronically by the BUYER from the SELLER's website www.sahaneev.com, meeting the qualifications specified in the Agreement, and whose content and sales prices are specified in Articles 1.3 and 1.4 of the Agreement, as stipulated in Article 4077 of the Consumer Law. Pursuant to the provisions of the Law on the Protection of Personal Data and the Regulation on the Application Principles and Procedures of Distance Contracts, the rights and obligations of the parties are determined. The BUYER hereby acknowledges and declares that it has been informed of all preliminary information regarding the product subject to sale, including the basic characteristics, sales price, payment method, delivery conditions, etc., and the right of withdrawal, that it has confirmed this preliminary information electronically and subsequently ordered the product, in accordance with the provisions of this contract. The preliminary information and invoice available on the website www.sahaneev.com are integral parts of this contract. The BUYER is deemed to have accepted all terms of this agreement upon placing the order.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE AGREEMENT, AND METHOD OF DELIVERY
The product will be delivered to ……….… at the address requested by the BUYER, via a courier company representative.
Article 4: DELIVERY COSTS AND PERFORMANCE
The delivery costs announced on the SELLER website are the responsibility of the SELLER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligations. Therefore, any damages arising from the BUYER's late receipt of the product, as well as any expenses incurred due to the product being held by the courier company and/or the return of the cargo to the Seller, are the responsibility of the BUYER. Delivery will be made as soon as possible after stock availability and the payment for the product has been deposited into the SELLER's account. SELLER will deliver the product within 30 (thirty) days of the order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If SELLER is unable to deliver the product within the specified timeframe due to stock outages, similar commercial impossibilities, unexpected circumstances, force majeure, or extraordinary circumstances such as adverse weather conditions or transportation interruptions, SELLER is obligated to notify the BUYER. For delivery of the product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the BUYER's preferred payment method. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
Article 5: BUYER'S DECLARATIONS AND WARRANTIES
The BUYER will inspect the product subject to the contract before accepting it. Any damaged or defective product, such as dents, breaks, torn packaging, etc., will not be accepted from the courier company. The product received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the product after delivery. If the right of withdrawal is exercised, the product must not be used, and the invoice must be returned. If the original invoice is not returned, VAT and any other legal obligations cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the BUYER. If, after delivery of the product, the relevant bank or financial institution fails to pay the Seller the price of the product due to unauthorized or unlawful use of the BUYER's credit card by unauthorized persons not due to the BUYER's fault, the BUYER is obligated to return the product to the Seller within 3 (three) days, provided that it has been delivered to the BUYER. In such cases, the delivery costs are the responsibility of the BUYER. Furthermore, the BUYER acknowledges that delivery to the address specified by the BUYER and to the person present at that address at the time of delivery will be considered delivery to the BUYER.
Article 6: SELLER'S DECLARATIONS AND WARRANTIES
The Seller is responsible for ensuring that the product subject to the contract is delivered intact, complete, compliant with the specifications specified in the order, and accompanied by any warranty documents and user manuals. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the Seller cannot be held responsible if the person/organization fails to accept the delivery. The Seller undertakes to withdraw from the contract by rejecting the product within 7 (seven) days from the date of receipt of the product or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the product as of the date the notice of withdrawal reaches the Seller or supplier. The Seller shall pay the product price within 7 (seven) days after the notice of withdrawal reaches the Seller or supplier. The Seller shall return any valuable documents, if any. The Seller shall receive the product back within 3 (three) days. The Seller may, for justified reasons, supply the BUYER with a product of equal quality and price before the expiration of the contractual performance period. If the Seller believes that delivery of the product has become impossible, the Seller shall notify the BUYER before the expiration of the contractual performance period. In this case, the BUYER may exercise one of the following rights: canceling the order, replacing the contractual product with a comparable product, if any, and/or postponing the delivery period until the impeding situation is resolved. If the BUYER cancels the order, the paid price and any documents shall be returned within 7 (seven) days. Whether sold with or without a warranty certificate, defective or broken products may be returned to the Seller for necessary repairs under warranty. In such cases, the delivery costs will be covered by the Seller.
Article 7: SPECIFICATIONS OF THE PRODUCT SUBJECT TO THE CONTRACT
The type and kind of product, quantity, brand/model, color, and sales price (including all taxes) are as stated in the information on the product description page on the website www.sahaneev.com and on the invoice, which is an integral part of this contract. The seller is not responsible for price update errors due to technical reasons.
Article 8: PRODUCT CASH PRICE
The product's cash price is included in the invoice.
Article 9: DEFERRED PRICE
The price of the product, based on the deferred payment term, is included in the invoice.
Article 10: INTEREST
If the buyer purchases with a credit card and installments exceeding four installments, the monthly interest rate is applied to the purchase price. The BUYER is responsible to its bank in accordance with Article 12.
Article 11: DOWN PAYMENT AMOUNT
The down payment amount for the product is included in the invoice.
Article 12: PAYMENT SCHEDULE
Since deferred sales are made only with bank credit cards, the BUYER acknowledges, declares, and undertakes to separately confirm the relevant interest rates and default interest information with their bank, and that, in accordance with the provisions of applicable legislation, the provisions regarding interest and default interest will apply within the scope of the credit card agreement between the BUYER and the Bank. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank apply. The credit card payment date is determined by the terms of the agreement between the bank and the BUYER. The BUYER can also track the number of installments and payments on the account statement sent by the bank.
Article 13: RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the product subject to the contract to the BUYER or to the person/entity at the address provided. To exercise the right of withdrawal, the Seller must be notified by fax, email, or telephone within the same period, and the product must be unused, in accordance with the provisions of Article 14 and the preliminary information accepted by the BUYER on the website www.sahaneev.com, which is an integral part of this contract. In the event of exercising this right, the original invoice for the product delivered to the third party or the BUYER must be returned. The product price will be refunded to the BUYER within 7 (seven) days of receiving the notice of withdrawal, and the product will be returned within 3 (three) days. If the original invoice is not returned, VAT and any other legal obligations will not be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal will be covered by the Seller.
Article 14: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised in contracts for carpets manufactured according to your special size request, which are processed in accordance with the order selections with the consumer's approval.
Article 15: DEFAULT AND LEGAL CONSEQUENCES
In the event of default in credit card transactions, the BUYER will pay interest and be liable to the bank in accordance with the credit card agreement entered into with the cardholder bank. In this case, the relevant bank may take legal action; it may claim the resulting costs and attorney fees from the BUYER. In any case, if the BUYER defaults on its debt, the BUYER agrees to pay the Seller's losses and damages due to delayed payment.
Article 16: AUTHORIZED COURT
In disputes arising from this agreement, Consumer Arbitration Committees, up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the BUYER's and Seller's residences, or in places where no consumer courts are available, Civil Courts of First Instance, shall have jurisdiction.
Article 17: ENFORCEMENT
If payment for an order placed through the website is made, the BUYER shall be bound by this agreement. The SELLER shall be deemed to have accepted all terms and conditions of the agreement. The SELLER is obligated to make software adjustments to ensure that orders cannot be placed on the site without confirmation that the BUYER has read and accepted the agreement.