DISTANCE SALES CONTRACT

​

ARTICLE 1 - THE PARTIES

1.1 SELLER

Commercial Title	: HEMEL Boya ve Kimya San. A.Ş. (hereinafter called “SELLER”)
Address	: IDOSB, Vakum Cad. No: 25 Orhanlı-Tuzla / Istanbul
Phone	: 4449848
E-mail	: b2c@hemel.com.tr
Mersis No	: 0461 0031 9770 0019

1.2 BUYER

Name/SurnameTitle	: %FATURA_AD_SOYAD%
Address	: %FATURA_ADRES%
Phone	:  %FATURA_TEL_1%
Email	:  %UYE_E-POSTA%

ARTICLE 2 - SUBJECT

The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) with the below stated properties and the sales price ordered by the Buyer via the electronic environment via the website www.hemel.com.tr (hereinafter called “SITE”) of SELLER.

ARTICLE 3 - DETERMINATION OF MATTERS ABOUT THE PRODUCT, PAYMENT, AND DELIVERY SUBJECT TO THE CONTRACT  

3.1 PRODUCTS

3.1.1 The key features of the product are provided on the corresponding pages of the Site. 

3.1.2 The prices listed and announced on the website are the selling price. Announced prices and promises are valid until updated and changed. The prices published for a period are valid until the end of the specified period.

3.1.3 Information about the product, such as type, quantity, brand, color, number, selling price, and payment type, is generated at the order completion.

3.1.4 The selling price of the products or services subject to this contract, including all taxes, is shown in the table below:

%URUNLER%

 

 

3.2 PAYMENT METHOD

3.2.1 The payment method is a credit or debit card.

3.2.2 The order summary page contains information on how many installments the order sum will be paid. According to the BUYER's credit card, the related bank may conduct campaigns and apply a number of installments higher than the number of installments selected by BUYER through the SITE. Such campaigns are at the discretion of the bank and, if the SELLER is informed about these campaigns, they will be provided on the payment page. The order sum will be divided according to the number of installments and reflected in the bank's credit card statement. The bank may not distribute the installment amounts evenly over the months, taking into account the odd differences. The creation of a detailed payment statement is at the initiative of the bank.

3.2.3 As the payment will be done by credit or debit card, the SELLER will not apply any interest rate. On the other hand, since the installment sales are made only with Banks' credit cards, the BUYER must confirm the bank's applicable interest rates. Besides, the BUYER agrees, declares, and undertakes that the provisions regarding interest rate will apply within the credit card agreement's scope between the Bank and the BUYER, per the legislation's requirements in force.

3.3 INVOICING & DELIVERY 

 

Payment Method :	%ODEME_SEKLI%
Delivery Address :	%TESLIMAT_ADRES%
Person to be Delivered :	%TESLIMATI_ALAN%
Invoice Address :	%FATURA_ADRES%
Shipping Fee:	%KARGO_UCRETI%

3.3.1 The invoice to be issued by the SELLER to the name of the BUYER and/or a legal or natural person to be specified by the BUYER, in consideration of the price of product/products and shipping service fee paid by the BUYER, shall be issued in digital format and shall be mailed to the e-mail address of the BUYER. The SELLER will deliver the product/products to the delivery address stated in this Agreement by the BUYER, together with the delivery note. The BUYER agrees and declares that, in the event of any address change, the BUYER shall notify the SELLER in writing about the change and that any information they provide to the SELLER shall be accurate and valid, bearing any damages that arise as a result of inaccurate information.

3.3.2 Upon sending the order confirmation mail, the products are delivered to the SELLER's contracted Courier within 5 working days at the latest.

3.3.3 Within the EU, delivery usually takes 2 to 4 working days. For deliveries outside the EU, deliveries usually take 4 to 7 working days. However, the given values may go up to 12 days longer if it has to go through customs. SELLER does not influence the customs process.

3.3.4 Products will be delivered with telephone notification to regions where the Courier does not have service to the BUYER address.

3.3.5 Even if the BUYER will not be present at the delivery time, SELLER will be deemed as it has performed its obligations hereunder fully and completely. Therefore, the SELLER is not responsible for any damages or expenses arising from the BUYER's late delivery or non-delivery of the Product.

3.3.6 In the regions where the Courier delivers once a week, and in cases where there is incomplete and/or inaccuracy in the shipment information or some cases, such as social disturbances and/or natural disasters, there may be delays in the specified delivery day. Due to these delays, the SELLER cannot be held responsible for any damage by the BUYER.

3.3.7 If the Product(s) are to be delivered to another person/organization other than the BUYER, SELLER is not responsible for the extra shipping costs that may arise.

3.3.8 In case the Product(s) are not delivered to the BUYER within the specified days; delivery problems should be reported to the SELLER's customer service department immediately via the "CONTACT" page.

3.3.9 Damaged packages should not be accepted, and a report should be made to the Courier. It is highly recommended to take photos of the outer, inner packaging and damaged products that support the process together with the report. (The label of the cargo company on the package should also be photographed visibly). If the Courier is in the opinion that the packaging is not damaged, the BUYER has the right to have the package opened there, to check that the products have been delivered undamaged. It is accepted that the Courier has performed its duty in full after BUYER receives the package. If the package is not accepted and the official report is kept, the situation should be reported to the SELLER's customer service department as soon as possible, together with the remaining copy of the report and the photographs taken. SELLER is not responsible for the products' damage or deficiency if the BUYER receives the products with the damaged package without a record.

3.3.10 In case the defects of the product(s) were identified at the time of delivery, the SELLER shall accept the product(s) as returns in the form of shipment applied, and replacements shall be provided within 14 days following the return date, without charging the BUYER a second time for shipping.

3.3.11 If the defects of the product(s) were identified after delivery, the BUYER shall notify the SELLER in writing through the contact page or verbally via customer services. Following the said notice, the product(s) shall be handled by the delivery company to be specified by the SELLER, whereupon the SELLER shall evaluate the received product(s). If the SELLER finds the product(s) defective, the product(s) covered by the notice shall be replaced with new ones within 30 working days following the date of return to the SELLER, without further shipping charges. Otherwise, the product(s) shall be returned to the BUYER.

3.3.12 SELLER is responsible for delivering the Product subject to the Contract with a robust, complete, and per the qualifications specified in the order.

ARTICLE 4 - BUYER'S RIGHTS AND OBLIGATIONS:

4.1. BUYER agrees and undertakes to fulfill the actions imposed on him in the contract, except for force majeure.

4.2 BUYER accepts and undertakes that he has been deemed to have accepted the terms of the contract upon ordering, and he will make the payment per the form of payment specified in the contract.

4.3 BUYER accepts, declares, and confirms this preliminary information electronically that he has clear, understandable. Appropriate information on the hemel.com.tr regarding the name, title,  address, telephone, and other information of SELLER, the selling price includes the taxes, the terms of payment, the terms of delivery and the costs of shipping, etc. all preliminary information about the goods subject to sale and the use of the right of withdrawal and how to exercise this right, official authorities to which they can submit complaints and objections, etc. 

4.4 All information entered by the BUYER must be accurate and complete. BUYER agrees to fully cover any damages that may arise from circumstances where such information is incorrect or incomplete, as well as any liability that may arise from this situation.

4.5 If the product subject to the contract is to be delivered to another person/organization other than BUYER, SELLER cannot be held responsible for the person/organization to be delivered for not accepting the delivery.

4.6 It is required to confirm the preliminary information form via the electronic environment to deliver the products. The SELLER shall be released of its obligations hereunder in the event of non-payment of the products' price, or any payment will be canceled from the bank records for any reason whatsoever.

4.7 If the relevant bank or financing institution will not pay the price of the Products to SELLER due to any unfair or illegal use of the credit cards provided, such use will not be due to the faults of the BUYER after the delivery of the products; the BUYER shall return the Product delivered to him/ her to SELLER within three days. The BUYER shall bear the shipping cost related to such a return.

4.8 If the products sold to BUYER are defective, such products can be sent to the SELLER. SELLER will cover the shipping cost.

4.9 The product subject to the contract shall be delivered to BUYER or the person/entity at the address indicated by BUYER within the period described in the preliminary information on the website, depending on the distance of BUYER's settlement, provided that it does not exceed the legal thirty day period.

4.10 Due to any problems that the courier will encounter during the delivery of the product to the BUYER, the SELLER cannot be held responsible for the failure.

4.11 BUYER agrees and undertakes not to damage the product and its packaging and return the original invoice and dispatch note at the time of return if he wishes to return the product. 

4.12 BUYER accepts and undertakes that in the disputes arising from this contract, the books, documents, and records of SELLER shall be conclusive evidence in the sense of Law Of Civil Procedure #193.

4.13 BUYER cannot transfer and assign the rights, obligations, and liabilities arising from this agreement to third parties and organizations without the SELLER's written permission.

4.14 BUYER knows that shopping is done on www.hemel.com.tr by credit card (Visa, MasterCard, etc.) and accepts the orders' processing time as the moment when the permanent collection is made from the credit or debit card, not the time the order is placed.

ARTICLE 5 - RIGHTS AND OBLIGATIONS OF SELLER:

5.1 The SELLER is liable for delivering the products entirely, thoroughly, and robustly, having the properties stipulated in the order except for force majeure, per the provisions of Law No. 4077 on Consumer Protection and the Regulation on Distance Sales Contracts.

5.2 SELLER reserves the right to suspend the order if necessary when the BUYER's information does not match the facts. If the SELLER finds a problem with the BUYER's given information, the SELLER will try to reach the BUYER from the telephone, e-mail, and postal addresses. If the SELLER can not reach the BUYER, the SELLER will freeze the order for seven business days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER cancels the order.

5.3 SELLER may supply a different product of equal quality and price by informing BUYER and obtaining his explicit approval before the contractual performance obligation expires.

5.4 If it will become impossible to conduct the product's delivery (s) subject to the contract, the SELLER will inform such a situation BUYER before the expiry of the contractual obligation and refund the total price to the BUYER  within ten days.

5.5 If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to have been freed from the delivery obligation.

5.6 The Seller will inform any delivery failure within the prescribed period due to any force majeure conditions, including extremely adverse weather and transportation interruptions. In such a case, the BUYER may choose any of the followings: (i) cancel the order, (ii) replace the Product(s) with the equivalent product(s), or (iii) postpone the delivery of the Products until the ceasing of the force majeure condition.

ARTICLE 6 - RIGHT OF THE PRODUCT RETURN AND WITHDRAWAL

6.1 BUYER may use the right to withdraw from the contract by rejecting the order without any legal or criminal liability and any justification within 14 (fourteen) days from the date of delivery of the product to him or the person/entity at the address indicated.

6.2 To complete return procedures per general communiqué of Tax Procedure Law No. 385, the BUYER must complete the return section at the bottom of the invoice and send one copy to the SELLER along with the product and keep the other copy in his / her possession.

6.3 The right of withdrawal starts from the day the products are delivered to BUYER. BUYER bears the shipping cost (including taxes and customs fees) of the returned product.

6.4 If the BUYER exercises his right of withdrawal, the SELLER shall return the total cost to the BUYER within 14 days at the latest after receiving the product with an invoice containing the withdrawal notification without any charge.

6.5 General return period is 14 days for every product purchased.

6.6 The returned products which have been unpacked, used, destroyed, safety tape opened, and so on, using the right of withdrawal is not accepted, and the total amount will not be refunded. Return must be made with the original packaging.

6.7 For the return of the product, the situation should be first addressed to SELLER customer service. SELLER transmits the information about the return of the product to the BUYER. After this interview, the product should be returned to the SELLER via a contracted courier with the invoice containing the return information. If the returned product meets the conditions set out in this contract, the refund is made to BUYER's credit or debit card. The total amount is not refunded until the product is returned.

6.8 The period of reflection of the refunds made to the credit or debit card is at the relevant bank's disposal. Therefore, the BUYER cannot hold the SELLER responsible. If the return of products purchased with a credit card, the SELLER cannot pay the BUYER in cash, per the Bank's contract. If BUYER bought the product in installments, the payment is refunded to the credit card in the bank's same number of installments.

6.9 Points awarded to BUYER by a SELLER through a campaign are valid only for one order. These points are deleted if the product is returned.

6.10 SELLER will not refund the shipping fee.

ARTICLE 7 - PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL

7.1 Custom-made products using RAL / NCS Color Charts cannot be returned.

ARTICLE 8 - DATE OF AGREEMENT AND REASONABLE REASONS

8.1 The contract date is the date on which the BUYER placed the order. Exist at the date of signing of the contract, or unforeseen, beyond the control of the parties, with the emergence of one or both of the parties to the contract where they are loaded with debt and responsibilities to fulfill, partially or entirely, or to fulfill them promptly impossible conditions, force majeure (natural disasters, war, terrorism, rebellion, changing regulations, seizure, or strikes, lockouts, production and communication facilities significantly failure, etc.) will be considered as. The party taking place in the force majeure shall notify the other party immediately and in writing. During the continuation of force majeure, the parties will not have any responsibilities due to their inability to perform their actions. If this force majeure situation continues for 15 days, each of the parties shall have the right to terminate unilaterally.

ARTICLE 9 – DEFAULT BY DEBTOR

9.1 In the event of BUYER's default, the BUYER agrees to pay the SELLER's losses and losses due to the debt's delayed performance. In the fact that Seller's defect causes the BUYER's default, BUYER will not be obliged to meet any claim for loss or damage.

 

ARTICLE 10 - AUTHORIZED COURT 

10.1- In disputes related to this contract, Istanbul (Çağlayan) Courts are authorized; The law applied in Turkish Law.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER	:	HEMEL Boya ve Kimya San. A.Ş.
BUYER	:
DATE	: