This contract has been issued in accordance with Article 9/A of the Law No. 4077 on the Protection of Consumers (TKHK) and the Regulation on Distance Contracts, which entered into force after being published in the Official Gazette dated 06.03.2011 and numbered 27866, in accordance with the obligation to make a contract for sales made by consumers over the internet, and the provisions of the contract in which the relevant articles of the Turkish Commercial Code and the Code of Obligations will be applied instead of the provisions of the TKHK for buyers who do not have the status of consumers are as follows.
ARTICLE 1 : PARTIES
SELLER
Title : Filyarn Tekstil Tic. Sti. - Mehmet Akif Dikicibasi
Address : Cumhuriyet Mah. D-100 Karayolu Cad. Expoist Hotel İstanbul Outlet Park No:374 D:63 Büyükçekmece - İstanbul
Phone : 0850 308 46 79
Fax : (0212) 856 13 24
E-mail : destek@filyarn.com
BUYER (CONSUMER)
Name, Surname or Title : Name of Member
Address : Member's Address
Telephone : Member's phone number
Email : Member's e-mail address
ARTICLE 2: SUBJECT OF THE CONTRACT
The subject of this contract is to regulate the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the products whose qualifications and sales price are specified below, which the SELLER sells to the BUYER electronically from the website www.filyarn.com.
The BUYER accepts and declares that he / she has information about the basic qualities of the products subject to sale, sales prices, payment method, delivery conditions, all preliminary information about the products in question, right of withdrawal and return conditions, confirms this preliminary information electronically and then orders the products in accordance with the provisions of this contract.
The preliminary information and information form approved by the consumer while shopping from www.filyarn.com and sent to the e-mail address registered in the system and the sales invoice of the SELLER are integral parts of this contract.
ARTICLE 3: CONTRACTUAL PRODUCT / SALES PRICE / DELIVERY INFORMATION
The type and type, quantity, brand or model, sales price, payment method, delivery address, delivery address, invoice information and shipping fee of the product or products purchased electronically from the filyarn.com e-commerce site by the member are as seen in the forms he/she arranged before shopping.
ARTICLE 4: RIGHT OF WITHDRAWAL
The SELLER makes the following commitment to the BUYER, provided that it bears the title of Consumer.
"We undertake that the consumer has the right to withdraw from the contract by refusing the goods or service within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification (and without paying any penal clause) and that we undertake to take back the goods as of the date of receipt of the withdrawal notification to the seller or provider."
However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts for the following goods/services, even if they have not been used/exploited, even if they have been purchased by consumers: Goods produced in line with the special requests of the consumer or his/her personal needs (including those that are customized to the person/personal needs by making changes or additions on them); cosmetics, etc. Goods that are not suitable for return and are in danger of spoilage or are likely to expire; audio or video recordings such as CDs, DVDs, software programs and computer consumables whose packaging has been opened by the consumer; goods whose price is determined in organized markets such as stock exchanges; publications such as newspapers, magazines; services related to betting and lottery; in general, all services performed instantly in electronic media and all kinds of intangible goods delivered to the consumer instantly. In addition, services that are started to be performed within the right of withdrawal period with the approval of the consumer and other goods and services that are accepted outside the scope of distance sales in accordance with the relevant legislation.
In order to exercise the right of withdrawal, a written notification must be made to the SELLER within the specified 7-day period. (Written notification can be made by registered letter with return receipt, telegram, e-mail to destek@filyarn.com address, as well as a continuous data carrier-distance communication tool) In case this right is exercised, in addition to the aforementioned written notification, 3. person or the Product delivered to the BUYER; The original invoice must be returned (in accordance with tax legislation) by filling out the return form sent to the BUYER together with the invoice and with a sample of the cargo delivery report that it was sent to the SELLER.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the Buyer.
In addition, the Products to be returned must be delivered to the SELLER complete and undamaged together with the box, packaging, standard accessories, if any. The shipping cost of the product returned using the right of withdrawal is borne by the BUYER.
During the return of the Product delivered to the BUYER to the SELLER, by filling out the return form sent to the BUYER together with the invoice, by reminding once again that the original invoice (in accordance with tax legislation) with the sample of the cargo delivery report should be returned with the product; Invoice real person trader, capital companies, etc. The information that the order returns organized on behalf of the real person merchant, capital companies, etc. will only be made by issuing a RETURN INVOICE has been announced on our website and information has been given in the preliminary information form. In this case, if the return invoice is not issued, it will not be possible to accept the return requests.
In case the right of withdrawal is exercised, the address where the Consumer-Purchaser will return the product is the address of the SELLER specified in this contract.
In case the Consumer-Purchaser, who has the right of withdrawal after the products are shipped by the SELLER to be delivered to the BUYER, has exercised this right;
If the order has not yet been delivered to the cargo, the BUYER can cancel the order via my orders section, send his request by e-mail (destek@filyarn.com) or call the support line (0212) 856 13 24 during working hours on weekdays.
If the order has been delivered to the cargo; By filling out the return form sent with the invoice, together with a copy of the invoice
Return Address : Cumhuriyet Mah. D-100 Karayolu Cad. Expoist Hotel Istanbul Outlet Park No:374 D:63 Büyükçekmece - Istanbul, free of charge. In order for the return process of the products to be carried out in a healthy way, the title of RETURN can be added on the shipment with A4 Paper. In order for the process to work properly, the shipping code that can be provided from the cargo company should be kept. Care should be taken to ensure that the products to be returned are properly packaged, that the "breakable item" warning is made in terms of breakable items and that they are in their original packaging separately. Adding a note explaining the situation to the returns will be useful in terms of speeding up the return process.
Within 10 days following the receipt of the above written documents and the Product to the SELLER in this way, the Product price is returned to the BUYER. The refund transaction is made by returning to the credit card used by the BUYER during the order. Since the reflection of the refund amount to the BUYER's accounts after the return to the Bank is entirely related to the Bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays.
For the Products for which the right of withdrawal can be used, again in accordance with the legislation, if there is a decrease in value due to changes and deterioration due to use other than the usual use of the goods or generally due to the fault of the consumer, the Consumer must compensate the SELLER for this decrease in value, and if there is an impossibility of return, the value of the goods (the above sales price).
ARTICLE 5 : CONTRACT DURATION
Delivery of the product to the cargo will be made within 5 business days at the latest from the date the order is placed and the payment is received by the seller. This period may be extended for another 10 days provided that the consumer is notified in writing. If for any reason the product price cannot be collected from the credit card, the Seller is deemed to be released from the obligation to deliver the product. In the event that the seller cannot fulfill its performance in the presence of force majeure that does not exist or is not foreseen at the time the order confirmation is made on the internet, it will not have any responsibility. If this force majeure lasts for more than 15 days, each party shall have the right to terminate the contract unilaterally.
ARTICLE 6 : CONTRACT DATE
This contract, which has been previously signed by the seller, has been delivered to the BUYER by sending it to the e-mail address specified by the BUYER when signing up to the system, and the necessary warnings have been made to read it and accepted by the buyer with the approval given electronically. The date of electronic approval is also the date of the contract.
ARTICLE 7: GENERAL PROVISIONS
1. The BUYER accepts that the basic qualities of the products shown on the website www.filyarn.com, the sales price including all taxes and the payment method, the delivery / delivery cost and the right of withdrawal and the preliminary information regarding the terms of use have been received, read and informed and have given the necessary confirmation-approvals for electronic sales.
2. The color and number alternatives of the products shown on www.filyarn.com are limited to the stock held by the SELLER. The color and number combination of the product selected by the BUYER may have been ordered by another user before the BUYER's order. Orders will be evaluated according to the order in which they are sent to the SELLER. In parallel to this, the color and number combination of the product selected by the BUYER may not be available in the SELLER's stocks. In such a case, the BUYER may choose alternative products or request a refund if payment has been made.
3.The product subject to the contract is delivered to the BUYER by the cargo company contracted by the SELLER within the period described in the information announced on www.filyarn.com and the preliminary information and information form sent to the e-mail address, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day (and additional 10 days with prior notification of the BUYER) period. The SELLER sends and delivers the products it sells to the BUYERS through CARGO companies.
3. In general, unless otherwise stated, delivery costs (cargo fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the result of the campaigns carried out at the time of sale and announced at www.filyarn.com.
4. In the event that the BUYER is not present at the address of the BUYER at the time of cargo delivery, the SELLER will be deemed to have fulfilled its obligation in full and in full. In case there is no one to receive delivery at the address, it will be the responsibility of the BUYER to follow the shipment of the products by contacting the cargo company.
In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the Product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.
5. The BUYER is responsible for checking the Product as soon as he/she receives the Product and when he/she sees a problem caused by the cargo in the Product, he/she is responsible for not accepting the Product and keeping a report to the KARGO company official. Otherwise, the SELLER will not accept responsibility.
Invoice and delivery note control: The invoice and delivery note are sent in a transparent adhesive tape outside the cargo box. In the event that the invoice and / or delivery note is not found on the package, you must contact us via our e-mail or telephone numbers registered on the site by keeping a record with the cargo officer. In this case, the invoice and / or delivery note will be sent by mail with the stamp as original.
When the cargo is delivered to the BUYER, if there is crushing, deformation, wetness or any situation that may damage the product, the condition of the products should be checked by opening the parcel with the cargo officer. In case of damage to the products, the BUYER must not take delivery of the products and ask the cargo officer to keep a record. If the cargo is not accepted and the said report is kept, the situation should be notified immediately to the seller as soon as possible with the copy of the report remaining in the buyer, using the communication tools specified in the contract.
The products received by the BUYER from the cargo without controlling the cargo and keeping the said report will be accepted as undamaged and intact.
The products received by the BUYER from the cargo without objection without a report will be accepted to be undamaged and intact.
In particular, in glass products, broken, cracked, etc. In order for the return and exchange requests to be taken into consideration due to complaints, the BUYER must definitely open and check the package when receiving the product from the cargo and broken, scratched, cracked, etc. The product with the problem should not be received from the cargo and should be returned to the SELLER by keeping a report. Otherwise, complaints such as broken, scratched, cracked, etc. in the product received from the cargo will not be taken into account, the product received from the cargo without objection will be accepted as undamaged and intact, and the complaints such as broken, scratched, cracked, etc., which will be accepted to be realized by the BUYER, will not be taken into account.
6. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. If the product price is not fully paid to the SELLER for any reason, the SELLER may unilaterally cancel the contract and may not deliver the Product.
If for any reason after the delivery of the Product, the Bank / financing institution to which the credit card to which the transaction is made does not pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, all expenses belonging to the BUYER. All other contractual-legal rights of the SELLER, including the pursuit of the Product price receivable without accepting the return, are also and in any case reserved.
It should be especially noted that; In cases where the BUYER pays the sales price with a credit card, installment card, etc., all the facilities provided by these cards are credit and / or installment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in advance are not credit or installment sales for the parties to this Agreement and are cash sales.
7. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions and the delay exceeds 10 days, the SELLER informs the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.
If the Product price has been collected in order cancelations, it will be returned to the BUYER within 10 days from the cancellation. The refund transaction is also made by returning to the BUYER credit card. Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank is entirely related to the Bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays. If it is understood that the Product / Service subject to the Contract cannot be supplied for a justifiable reason other than extraordinary circumstances, the SELLER may supply another good / service of equal quality and price by informing the BUYER and obtaining its approval and is deemed to have fulfilled its commitment under the Contract in this way. In cases where the BUYER does not give approval on the internet, the provisions regarding the cancellation of the order shall apply.
9. The BUYER may notify the SELLER of his/her requests and complaints regarding the Product and sales through the SELLER communication channels in the introduction section of the Agreement.
10. This Agreement, which is approved by the BUYER after receiving the preliminary information and confirmation on the internet, is in force until the time the parties fulfill their payment / delivery obligations arising from the Agreement, without prejudice to the relevant provisions.
11. If the BUYER intends to use the right of withdrawal, he/she should not use the product and return the invoice.
12. Persons under the age of 18 and restricted persons cannot shop from www.filyarn.com.
13. In wholesale orders, the wholesaler who places the order is obliged to pay the warehouse fee.
Article 8 : AGREEMENT OF EVIDENCE AND COMPETENT COURT
The records of the SELLER (including records in magnetic media such as computer-audio records) constitute conclusive evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation;
If the BUYER is also a consumer within the framework of the provisions of Law No. 4077; If they wish, they can make their complaints and objections to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the consumers purchased the goods / services or where they reside, in accordance with the relevant articles of the Law No. 4077 on the Protection of Consumers and within the monetary limits determined by the Ministry of Customs and Trade in December each year. In terms of BUYERS who do not have the title of consumer, legal remedies will be applied within the framework of the provisions of the Turkish Commercial Code and the Code of Obligations.
Article 9 : RATIFICATION OF THE CONVENTION
The BUYER declares that he / she has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information form which constitutes an integral part of it, the basic qualities of the Products subject to sale, sales price, payment method, delivery conditions, etc. He / she declares that he / she has prior knowledge of all preliminary information about the Product subject to sale and the right of withdrawal, that he / she has been sent to his / her e-mail registered in the system as well as seeing and confirming the preliminary information electronically at www.filyarn.com, thus ordering the product and accepting the provisions of this Agreement by giving confirmation-consent to all of them electronically.
