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Distance Sales Agreement

  • Parties
  • Seller Name / Title: Karakaya Kardeşler Innovation and Digital Services
  • Seller's Full Address: Atakent Mahallesi 1.Stage 4.Zone Sutek A8 Küçükçekmece / İstanbul
  • Seller's Phone: +90 (212) 800 00 00
  • Seller Mersis No:
  • Seller E-Mail Address: shop@ottomobilim.com
  • Cargo Company to be sent by the Buyer to the Seller in Return: Yurtiçi Kargo
  • ottomobilim.com Call Center: +90 (212) 800 00 00

Subject and Scope of the Agreement

  • This Distance Sales Contract (" Contract ") has been arranged in accordance with the Law on Consumer Protection No. 6502 (" Law ") and the Regulation on Distance Contracts. The parties of this Contract know their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Contract. and they accept and declare what they understand.
  • The subject of this Agreement; Buyer's website www.ottomobilim.com domain (“ Website ) owned by Karakaya Kardeşler Innovation and Digital Services (“ Karakaya Kardeşler Innovation and Digital Services / Intermediary Service Provider ”'), the goods or services that the Seller has electronically ordered for the purchase of the goods or services, which have the qualifications specified in the Contract. The determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery.

Delivery and Delivery Method of the Goods

  • The Contract has entered into force upon being approved by the Buyer electronically, and it is fulfilled by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and this Agreement and to the authorized person (s) specified.

Delivery Charges and Disclosure

  • Unless otherwise stated, the delivery costs of the goods belong to the Buyer. If the seller declares on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.
  • Delivery of goods; after the payment is made within the promised time. The seller delivers the goods or services within 30 (thirty) days from the order of the goods or services by the Buyer, provided that the fulfillment of the goods or services subject to the order becomes impossible.
  • If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the goods or services.
  • The Buyer is responsible for the shipping cost in the order cancellations made by the Buyer after the goods have been shipped by the Seller but before the Buyer receives it.
  • In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller shall notify the Buyer within 3 (three) days from the date of learning about this situation and shall pay all payments collected, including delivery costs, if any, at the latest 14 (ten) from the notification date. will refund within four) days.

Buyer's Declarations and Commitments

  • The Buyer declares that he / she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or service, the sales price and payment method, and the delivery and shipping costs on the Website, and that he / she has given the necessary confirmation in electronic environment. li>
  • Buyers can submit their requests and complaints as consumers by using the above-mentioned Seller contact information and / or through My Account> Product Questions on the Website.
  • Buyer confirms this Agreement and Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and that the delivery and delivery price information are also correct and complete. happens. The recipient is destroyed, broken, torn package, etc. during delivery. If he receives the goods or services subject to the Contract from the cargo company, which is clearly damaged and defective, he will be responsible entirelyttir.
  • After the delivery of the goods or services, if the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons not due to the Buyer's fault, the Buyer has been delivered to him. return the goods or services to the Seller within 3 (three) days, provided that is obliged to In this case, delivery costs belong to the Buyer.

Seller's Declarations and Commitments

  • The seller is responsible for the delivery of the contractual goods or service to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
  • The seller is obliged to notify the Buyer within 3 (three) days from the date of learning of the situation if the contractual goods or service cannot be delivered within the due time due to force majeure or extraordinary circumstances preventing transportation.
  • If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

Right of Withdrawal

  • The buyer can use the right of withdrawal within 14 (fourteen) days from the date of purchase in transactions related to the sale of services, starting from the date of delivery in transactions related to the sale of goods, without undertaking any legal and criminal liability and without any justification. The buyer can also use his right of withdrawal within the period until the delivery of the goods.
  • The buyer can use his right of withdrawal by logging into ottomobilim.com and clicking the "Quick Return Form" link on ottomobilim.com. The buyer is required to return the goods within 10 (ten) days from the date of withdrawal by filling out the return request form on the relevant page and obtaining the seller's return address information. With the goods The invoice, the box of the product, its packaging, standard accessories, if any, and other products gifted with the goods must be returned in full and undamaged. Buyer is not responsible for any changes and deteriorations that occur if the goods are used in accordance with its operation, technical specifications and instructions for use within the withdrawal period.
  • As long as the Buyer sends the goods to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping fee belongs to the Seller. If the Seller, specified in the Preliminary Information Form, sends the goods to be returned by the Buyer with a cargo company other than the contracted cargo company, the return cargo price and the goods will be incurred in the shipping process. Seller is not responsible for damage.
  • All payments made by the Buyer to the Seller or Intermediary Service Provider for the relevant goods or services within 14 (fourteen) days after the Buyer uses his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return). In accordance with the means of payment used by the Buyer when purchasing, and any expense or will be returned without obligation and in one go. In purchases made using credit, in cases where the right of withdrawal is used duly, the product price will be refunded to the account associated with the credit.

Cases where the Right of Withdrawal Cannot be Exercised

  • Pursuant to the legislation, the Buyer cannot use its right of withdrawal in the following cases.
  • In contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller (eg jewelry, gold and silver category products); In the contracts related to the delivery of goods that are prepared in line with the wishes of the buyer or clearly his personal needs, which are not suitable for return due to their nature and that are in danger of rapid deterioration or are likely to expire; Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts for the delivery of those whose return is not suitable in terms of health and hygiene; In contracts related to goods that are mixed with other products after delivery and cannot be separated by their nature; In the contracts regarding the books, audio or video recordings, software programs and computer consumables provided in the material environment provided that the protective elements such as packaging, tape, seal, package are opened by the buyer; In contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement; Belirli in contracts regarding the utilization of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a date or period; In the contracts regarding the performance of betting and lottery services; In the contracts regarding the services started with the consent of the consumer before the right of withdrawal expires; and In contracts related to services performed instantly in electronic environment and intangible goods delivered to the consumer instantly (gift card, gift voucher, coupon substitute for money, etc.).
  • The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to the practices and rules of each Seller.
  • Goods or services excluded from the scope of the Regulation on Distance Contracts (with regular deliveries of the Seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence, and services in areas such as travel, accommodation, restaurant, entertainment sector. ), the right of withdrawal cannot be used.

Conflict Resolution

  • Under the Law and the Regulation on Distance Contracts, the responsibility for the goods or services sold belongs to the Seller personally. In addition, Buyers will convey their complaints about the goods and services they purchase to the Sellers directly or via ottomobili.com. If the complaint is submitted to ottomobilim.com, provides all possible support to solve the problem. will provide.
  • In the disputes that will arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where his residence is located, up to the value declared by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes over the said value.

Price of Goods / Services

  • The cash or deferred sales price of the product is the price that is included in the information e-mail sent at the end of the order and the invoice sent to the customer with the product. Discounts, coupons, shipping costs and other applications made by the seller or Ottomobilim.com are reflected in the sales price.

Default and Legal Results

  • In the event that the Buyer defaults on the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and the attorney's fee from the Buyer and under any circumstances, due to the debt of the Buyer In case of default, the Buyer will be responsible for the loss and damage suffered by the Seller due to the delayed performance of the Buyer's debt.

Notices and Evidence Agreement

  • Any correspondence between the parties under this Contract will be made via My Account> My Product Questions or e-mail on the Website, except for the obligatory cases listed in the legislation. In case of disputes that may arise from this Contract, the Buyer shall be entitled to the official books and commercial records of the Seller and Karakaya Kardeşler Innovation and Digital Services, in their database and servers. acknowledges, declares and undertakes that the information and computer records will constitute binding, conclusive and exclusive evidence, that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

Validity

  • This Agreement, which consists of 14 (fourteen) articles, was read by the parties and entered into force on 11/09/2019 by being approved by the Buyer electronically.