Distance Sales Agreement
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Article 1 – PARTIES TO THE CONTRACT
This Agreement is made between:
SELLER
Title: Seven Arm Newyork LTD. ŞTİ.
Address: 43.155112, -77.613946
6-2 S Fitzhugh St,Rochester, NY 14614, Amerika Birleşik Devletleri
Phone: +90 532 404 95 87
Email: info@sevenarmnewyork.com
And:
BUYER
Name/Surname/Title:
Address:
Phone:
Email:
Article 2: SUBJECT
The subject of this agreement is the sale and delivery of the products ordered electronically by the BUYER from the website www.sevenarmnewyork.com, which possess the qualities mentioned in the contract and whose type and sale price are specified in Article 3. This agreement determines the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014, No. 29188, and all other legal regulations and practices. The BUYER acknowledges and declares that they have been informed about the basic characteristics of the products subject to sale, the sale price, payment method, delivery conditions, and the right of withdrawal, that they have confirmed these preliminary information electronically, and then placed the order in accordance with the provisions of this agreement. The preliminary information and invoice on www.sevenarmnewyork.com are integral parts of this agreement. Once the order is placed, the BUYER is deemed to have accepted all terms of this agreement.
Article 3: PRODUCTS SUBJECT TO THE CONTRACT
The type, kind, quantity, model, color, sale price, and delivery details of the product(s) are as follows:
Product(s) Description
Quantity
Cash Price
Installment Price
Subtotal (Including VAT)
1
[●] TL
[●] TL
[●] TL
Shipping
1
[●] TL
[●] TL
[●] TL
Installment Difference
1
[●] TL
[●] TL
[●] TL
Total
[●] TL
Payment Method and Plan
Recipient
Delivery Address
Billing Address
Article 4: DELIVERY COSTS AND PERFORMANCE
The delivery cost announced on the website is borne by the BUYER (except for Free Shipping Campaigns). Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation completely. Therefore, any damages arising from the BUYER’s late receipt of the product, and costs due to the product waiting at the shipping company or being returned to the seller, shall be borne by the BUYER. Delivery is made as soon as possible after stock availability and the product price is transferred to the SELLER’s account. The SELLER shall deliver the product within 30 (thirty) days from the order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the SELLER cannot deliver the product within the period due to stock depletion, commercial impossibility, unexpected circumstances, force majeure, or extraordinary situations such as adverse weather or transportation disruption, the SELLER is obliged to inform the BUYER. Delivery of the product is conditional upon the signed copy of this agreement reaching the SELLER and the payment being made by the BUYER using the chosen payment method. If the product price is not paid or is canceled in bank records for any reason, the SELLER is deemed to be released from the delivery obligation.
Article 5: BUYER’S DECLARATIONS AND COMMITMENTS
The BUYER shall inspect the product before receiving it and shall not accept damaged or defective products such as crushed, broken, or torn packaging from the shipping company. Accepted products are deemed undamaged and intact. After delivery, the obligation to protect the product carefully lies with the BUYER. If the right of withdrawal is to be exercised, the product must not be used and the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations cannot be refunded to the BUYER. The delivery cost of the returned product due to withdrawal shall be borne by the BUYER. If the product is delivered and the BUYER’s credit card is used unlawfully by unauthorized persons without the BUYER’s fault, and the bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 (three) days, provided it has been delivered. In this case, delivery costs shall be borne by the BUYER. The BUYER also accepts that delivery made to the address provided and to the person present at that address shall be deemed delivery to the BUYER.
Article 6: SELLER’S DECLARATIONS AND COMMITMENTS
The SELLER is responsible for delivering the product intact, complete, and in accordance with the specifications stated in the order. If the product is to be delivered to a person/institution other than the BUYER, the SELLER shall not be held responsible if the recipient refuses delivery. Except for products for which the right of withdrawal cannot be exercised as detailed in Article 11, the SELLER undertakes to accept the return of the product and refund the price within 7 (seven) days from the date the withdrawal notice reaches the SELLER, without any legal or penal liability and without any justification. The SELLER may supply a product of equal quality and price before the performance period ends for justified reasons. If the SELLER considers that delivery has become impossible, they shall inform the BUYER before the performance period ends. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent, or postpone delivery until the obstructing situation is resolved. If the BUYER cancels the order, the paid amount and any documents shall be refunded within 7 (seven) days. Products sold with or without a warranty certificate that are defective may be sent to the SELLER for repair under warranty conditions, and delivery costs shall be borne by the SELLER.
Article 7: CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT
The type and kind of the product, quantity, and sale price including all taxes are as stated on the product description page of www.sevenarmnewyork.com and in the invoice, which is an integral part of this agreement. The SELLER is not responsible for price update errors due to technical reasons.
Article 8: CASH PRICE OF THE PRODUCT
The cash price of the product is included in the invoice content.
Article 9: PAYMENT PLAN
Since installment sales are made only with credit cards issued by banks, the BUYER agrees, declares, and undertakes to confirm the interest rates and default interest information with their bank, and that the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the bank and the BUYER in accordance with current legislation. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank shall apply. The credit card payment date shall be determined according to the agreement between the bank and the BUYER. The BUYER may also track the number of installments and payments from the account statement sent by the bank.
Article 10: RIGHT OF WITHDRAWAL
Except for products for which the right of withdrawal cannot be exercised as detailed in Article 11, the BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the product to the BUYER or the person/institution at the specified address. To exercise the right of withdrawal, the SELLER must be notified by fax, email, or phone within the same period, and the product must not be among those for which the right of withdrawal cannot be exercised under Article 11, and must be unopened and unused in accordance with the preliminary information accepted by the BUYER on www.sevenarmnewyork.com. In this case, the original invoice of the product delivered to the BUYER or third party must be returned. The product price shall be refunded to the BUYER within 7 (seven) days following the receipt of the withdrawal notice, and the product shall be collected within 7 (seven) days. If the original invoice is not sent, VAT and other legal obligations cannot be refunded to the BUYER. The delivery cost of the returned product due to withdrawal shall be borne by the SELLER.
Article 11: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the provisions of Law No. 6502 and Article 15 (c) and (ç) of the Regulation, the right of withdrawal shall not apply to:
“ARTICLE 15 – (1)
- Contracts for the delivery of goods that may deteriorate quickly or have an expiration date.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and which are not suitable for return due to health and hygiene reasons.”
Article 12: DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on credit card transactions, they shall pay interest and be liable to the bank under the credit card agreement. In this case, the bank may take legal action and claim expenses and attorney fees from the BUYER. In any case, if the BUYER defaults, they agree to compensate the SELLER for damages and losses arising from the delayed performance of the debt.
Article 13: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
The product shall be delivered by the shipping company representative to the person named ………… at the address ………… specified by the BUYER.
Article 14: GENERAL PROVISIONS
14.1 The BUYER declares that they have read and acknowledged the basic features of the product(s), the sale price, payment method, delivery details, and other preliminary information on the SITE, and have provided the necessary confirmation electronically.
14.2 By confirming the preliminary information electronically, the BUYER/Consumer confirms that, prior to the conclusion of the distance contract, they have correctly and completely obtained the address, basic features of the ordered product(s), the Turkish Lira price including taxes, and the payment and delivery information.
14.3 The product(s) subject to the contract shall be delivered to the BUYER or the person/institution at the specified address within 3 business days as stated in the preliminary information on the SITE, depending on the BUYER’s location, provided that the legal period of 30 days is not exceeded.
14.4 Shipping fees outside the conditions specified on the www.sevenarmnewyork.com website shall be paid by the BUYER. The SELLER shall not be held responsible under any name or title for the failure to deliver the ordered product to the BUYER due to any issues encountered by the shipping company during delivery or other reasons not caused by the SELLER.
14.5 The SELLER is responsible for delivering the product(s) subject to the contract intact, complete, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any.
14.6 The SELLER may supply different product(s) of equal quality and price by informing the BUYER and obtaining explicit approval before the performance period of the contract expires.
14.7 If the SELLER is unable to fulfill the contractual obligations due to the impossibility of delivering the ordered product(s), they shall inform the BUYER/Consumer before the performance period expires and refund the total amount collected in cash and in full within 10 days.
14.8 The preliminary information form must be confirmed electronically for the delivery of the product(s). If the product(s) price is not paid or is canceled in bank records for any reason, the SELLER is released from the delivery obligation.
14.9 If the product(s) are delivered and the BUYER’s credit card is unlawfully or illegally used by unauthorized persons without the BUYER’s fault, and the bank or financial institution does not pay the product(s) price to the SELLER, the BUYER must return the product to the SELLER within 3 days, provided it has been delivered. In this case, shipping costs shall be borne by the BUYER. Otherwise, the BUYER accepts, declares, and undertakes that the SELLER may pursue all means to recover the product amount with interest.
14.10 If the SELLER cannot deliver the product(s) subject to the contract within the specified time due to force majeure, adverse weather conditions, transportation disruptions, or other extraordinary circumstances, they shall inform the BUYER. In this case, the BUYER may choose one of the following options: (i) cancel the order, (ii) replace the product(s) with equivalent ones, and/or (iii) postpone the delivery until the force majeure/obstructive situation is resolved. If the BUYER cancels the order, the total amount paid shall be refunded in cash and in full within 10 days. For payments made by credit card, the product(s) amount shall be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER’s account depends entirely on the bank’s processing time, the BUYER acknowledges and accepts that the SELLER cannot intervene in possible delays and is not responsible for the time it takes for the refunded amount to be reflected in the BUYER’s account.
14.11 In cases where the BUYER exercises the right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or a refund is decided by the Arbitration Committee, and the purchase was made by credit card in installments, the credit card refund procedure is as follows:
14.12 In product returns, except for defective product returns, only the product price is refunded, and the shipping fee paid during the order is not refunded. If the order amount falls below the free shipping threshold due to the product return, the resulting shipping fee will be deducted from the refund amount and the remaining balance will be paid.
14.13 The bank may refund the amount to the BUYER in installments, equal to the number of installments used for the purchase. After the SELLER pays the full product price to the bank in one transaction, the bank may refund the requested amount to the BUYER’s account in installments to avoid inconvenience to the involved parties. If the refund date does not coincide with the credit card’s statement date, one refund will be reflected on the card each month, and the BUYER will receive the number of refunds equal to the number of installments paid before the cancellation, reducing the existing debt accordingly.
14.14 In case of return of goods and services purchased by credit card, the SELLER cannot make a cash payment to the customer due to the agreement with the bank. The refund to the credit card can be made by the bank according to the above procedure after the SELLER pays the amount to the bank in one transaction.
14.15 For returns made via cash on delivery or wire transfer/EFT payment options, the consumer’s bank account information will be requested, and the refund will be made via wire transfer/EFT to the account specified by the consumer (the account must be in the name of the person listed on the invoice).
Article 15: COMPETENT COURT
For the implementation of this agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts in the BUYER’s or SELLER’s place of residence are authorized.
Article 16: ENFORCEMENT
Upon the realization of the order, the BUYER is deemed to have accepted all terms of this agreement. The SELLER is obliged to make software arrangements on the site to ensure that the order cannot be placed without confirmation that the agreement has been read and accepted by the BUYER.