1. PARTIES AND SUBJECT
This Preliminary Information Form intends to inform the consumers about the distance sales contract signed by and between on one hand the person shopping via internet (the “BUYER”) and on the other hand Copurs Tekstil Sanayi Ve Ticaret Anonim Şirketi, having its registered offices at the address of Merkez Mahallesi Birahane Sokak Hel Boll İş Merkezi No 20 A Bomonti Şişli- İstanbul –Turkey (the "SELLER") pursuant to the pertinent provisions of the Consumer Protection Law and the Distance Sales Contracts Regulation.
INFORMATION ON SELLER
Company Name: Copurs Tekstil Sanayi Ve Ticaret Anonim Şirketi
Address: Merkez Mahallesi Birahane Sokak Hel Boll İş Merkezi No 20 A Bomonti Şişli İstanbul Turkey
Telephone Number: 0212 234 51 44
E-mail: [email protected]
INFORMATION ON BUYER
It refers to the person signing up http://www.copurs.com/ shopping site as a customer. Address and communication data used while signing up will be taken as a base.
2 .INFORMATION ON CONTRACT PRODUCT/PRODUCTS
Basic specifications (kind, quantity, brand/model, colour, quantity) of the Goods/Product/Products/ Services are given in the SELLER’s internet website. You may examine and review the Product’s basic specifications throughout the campaign. The campaign is valid until the date of ___/___/___. Prices listed and published in the site are sales prices. Published prices and promises given in the site are valid until revised and changed. However, prices published with a date of expiration are valid only until the end of said term.
Kind, quantity, brand/model, colour, quantity, sales price and payment terms of the Goods/Products/ Services are comprised of the information valid as of the moment the order is finally given.
Cargo fee is payable by the Seller only in domestic shipments.
In international shipments, both customs charges and cargo fee are payable by the Buyer.
3. GENERAL TERMS AND CONDITIONS
I. The BUYER hereby acknowledges and certifies to have received, read and understood all preliminary information about the basic specifications of the Products, as well as their sales price, including all taxes, and payment terms, deliveries, right of withdrawal and conditions of use, and thereupon to have given the required approvals/consents for sales via electronic media.
II. The Contract product will be delivered by a cargo firm contracted by the SELLER to the BUYER or to any person/entity at the address designated by the BUYER within the period of time declared among the preliminary information in internet site, depending on the distance of the place of residence of the BUYER, for each product, providing that this period does not ever exceed the legal period of 30 days (and an additional time of 10 days with a prior notice to the BUYER). The SELLER ships and delivers its sold products to the BUYER through cargo firms.
III. In general, unless otherwise stated, delivery expenses (cargo fee, etc.) are borne and paid by the BUYER. The SELLER, however, may not reflect onto the BUYER the aforesaid delivery expenses in full or in part, depending on the results of campaigns run as of the time of sales under the terms and conditions published in its internet site.
IV. Even if the BUYER is not personally present at his delivery address at the moment of delivery of products at address, the SELLER will be deemed to have performed its obligations fully and completely. In the case of non-availability of the recipient at the address, it will be the responsibility of the BUYER to contact the cargo firm and track the shipment of products. If the Product is requested to be delivered to a person/entity other than the BUYER, the SELLER can by no means be held liable for non-availability of the recipient person/entity at the designated address or for non-acceptance of delivery. In such cases, all kinds of losses that may arise out of late delivery of the products to the BUYER, and all and any costs of retention of the products in the cargo firm and/or the return of the cargo to the SELLER shall also be borne and paid by the BUYER.
V. The BUYER is under obligation to check the Products at the time of receipt, and in case of detection of a defect in the Products caused by cargo, is required not to take delivery of the Product, and to have the cargo firm officer issue and sign a memorandum thereabout, or otherwise, the SELLER will not accept and assume any liability thereinfor.
VI. Unless otherwise specified and stated in writing by the SELLER, the BUYER must have fully paid the price of the Products before delivery of the same. If, in cash sales, the product price is not paid in full to the SELLER before delivery, or in instalment sales, the overdue instalment amount is not paid, then, the SELLER may unilaterally terminate the contract and refrain from delivering the subject Products.
VII. If, after delivery of the Products, the product price is not paid to the SELLER for any reason whatsoever by the bank/financial institution being the issuer of credit card used for payment purposes, then, the Products are returned by the BUYER to the SELLER in the sole cost of the BUYER within maximum 3 days thereafter. However, in any case, the SELLER hereby reserves and retains its right not to accept the return of the Products and to use all of its available contractual and legal rights and remedies, also including its right to claim payment of the product price.
VIII. If the Product cannot be delivered within the legal period of time of 30 days due to extraordinary circumstances and force majeure events (adverse weather conditions, intensive traffic, pandemic, earthquake, flood and fire) outside the normal sales / delivery conditions, and the delay exceeds 10 days, then, the SELLER will keep the BUYER informed about progress of delivery, whereupon the BUYER may cancel his order, or order a similar product, or wait until the end of such extraordinary circumstances and force majeure events.
IX. In the case of cancellation of orders, if the product price has already been collected, it is refunded to the BUYER within 14 days following the date of cancellation. In the case of payments by credit card, the money is refunded to the BUYER’s credit card account, and the product price is refunded to the relevant bank within 14 days following the date of cancellation of the order by the BUYER. As the reflection of this money into the BUYER’s accounts after its refunding to the bank is entirely related to the bank’s internal processes, the BUYER hereby accepts and acknowledges in advance that the SELLER can in no case interfere with such processes and can by no means assume or accept any responsibility thereinfor.
X. If and when it is understood that the Contract products cannot be supplied and delivered to the BUYER for a just cause other than the aforementioned extraordinary circumstances and force majeure events, the SELLER will inform the BUYER thereabout, and may supply other products/ services of equal quality and price with a prior consent of the BUYER, and by doing so, will be deemed to have performed its Contractual obligations in connection therewith. If, however, the BUYER does not give his consent, then the terms and conditions regarding cancellation of orders will be enforceable.
4. RIGHT OF WITHDRAWAL
I. In distance sales contracts regarding sales of goods, the BUYER may use his right of withdrawal from the contract by rejecting the goods in his convenience and option without being liable to justify his decision and without assuming any civil or criminal liabilities within a legal time of 14 (fourteen) days following the date of delivery of the product to him or to the person/entity at the address designated by him. In distance sales contracts regarding provision of services, this period of time starts as of the date of signature of the contract. The BUYER is required to have sent a notification as to use of his right of withdrawal to the address of the SELLER given in the introduction hereof by the specified communication means within the same period of time.
II. The BUYER hereby acknowledges in advance to have been informed by the SELLER by means of this Preliminary Information Form before accepting the distance sales contract or any offer corresponding thereto. Costs arising out of use of the right of withdrawal are borne and payable by the SELLER.
III. For use of the right of withdrawal, a written notice is required to be sent to the address of the SELLER given in the introduction hereof by registered mail, return requested, or facsimile, or e-mail, within the period of 14 (fourteen) days. However, a right of withdrawal is not accepted and cannot be used in contracts relating to the following goods/services as per the applicable laws and regulations, even if the subject goods/services are not used/consumed:
a) Goods or services the price of which varies depending on the fluctuations in financial markets and is not under control of the seller or supplier thereof; and
b) Goods prepared or produced in tandem with the requests or personal needs of consumer; and
c) Perishable goods which may be spoiled or expired quickly; and
d) Goods with such protective elements as pack, strap, seal or package opened after delivery, which are not fit for return or redelivery due to health and hygiene concerns; and
e) Goods which are mixed up with other products after delivery and are inherently inseparable from them; and
f) Books, digital contents and computer consumables presented in physical and tangible media, if their such protective elements as pack, strap, seal or package are opened after delivery.
IV. In the case of use of the right of withdrawal, the products originally delivered to the BUYER or to a third party are required to be redelivered and returned undamaged and completely, together with invoice (If the invoice of the product intended to be returned is a corporate invoice, the related product is required to be returned together with a return invoice issued by the relevant corporation. Accordingly, the return of products invoiced to the name of corporations cannot be completed without a RETURN INVOICE issued thereinfor.), form of returns, and box, pack and if any, standard accessories of the products to be returned.
V. The SELLER will be under obligation to refund the total product price and to return to the BUYER all documents of indebtedness within maximum 10 days following receipt of the notice of withdrawal, and to take back the products within a period of 20 days. In case of impairment of value of goods or if the return becomes impossible due to a reason attributable to faults of the BUYER, then, the BUYER is under obligation to indemnify and hold the SELLER harmless from all kinds of its damages and losses to the extent of his fault. If and when the BUYER falls below the campaign limits determined by the SELLER due to and upon use of his right of withdrawal, then, the amount of discount used by the BUYER under the campaign is cancelled.
5. EVIDENCE CLAUSE AND JURISDICTION
The Consumer Arbitration Panels and the Consumer Courts, having jurisdiction in venue in the place of residence of the SELLER, shall have jurisdiction up to a threshold published by the Ministry of Industry and Commerce, in resolution of disputes that may arise out of implementation of this Contract. If the order is verified in electronic media, the BUYER will be deemed to have accepted all terms and conditions of this Contract.
Upon occurrence of a dispute between the Parties hereto and/or in respect of complaints of third parties, the SELLER’s records and documents, mail correspondences, and system records published in its internet site (also including records kept in magnetic media, such as computer and voice records) shall be considered and treated as final, definite, sole and prima facie evidence within the meaning ascribed thereto in Article 193 of the Turkish Civil Law Procedures Code.
6. FINAL PROVISIONS
If any documents and information disclosed about the order are detected to be incomplete, fake and/or untrue, or in case of suspicion that the order may have been placed maliciously in bad faith and/or for trading profits or other benefits, or in case of detection of such acts, then, at any time thereafter, the SELLER hereby reserves its right to suspend and/or cancel the order application for the sake of required investigations thereon by keeping the BUYER informed thereabout. In case of cancellation, the process of return for payment may again be conducted with a notice to the BUYER.
All such information is given for trading purposes and intentions in such manner to protect the minors and wards within the frame of good faith principles and in accordance with the remote communication means used herein.
After this Preliminary Information Form is read and accepted by the Consumer in electronic media, the stage of execution of a Distance Sales Contract will be initiated. The BUYER hereby declares, agrees and acknowledges to have read and understood such Preliminary Information and to have given the required confirmation in electronic media pursuant to Article 48 of the Law no. 6502.