ARTICLE 1 - PARTIES
SELLER: Console Cave LTD Address: No 258 Freezone Famagusta North Cyprus Tel.: +90 (392) 225 80 89 Email: firstname.lastname@example.org PURCHASER: Customer
ARTICLE 2 - SUBJECT OF AGREEMENT
This agreement establishes the rights and obligations of the parties under Law on Protection of Consumers numbered 4077 and Regulation on Operation Principles and Procedures of Distance Selling Agreements in relation to the sale and delivery of goods/services prices and characteristics of which are stated under the agreement and which are ordered by the Purchaser electronically via www.ConsoleCave.com web site owned by the Seller. Purchaser hereby accepts and warrants that he/she has information about the basic characteristics, price, method of payment, conditions of delivery etc. of the goods/services subject to the sale and also has information in relation to all the preliminary information of the goods/services subject to the sale and the "withdrawal right" and accepts and warrants that he/she has ordered the goods/services electronically after approving these preliminary conditions. The preliminary information and receipt given on payment page of www.ConsoleCave.com are an integral part of this agreement.
ARTICLE 3 - DATE OF AGREEMENT
This agreement which is pre-signed by the Seller in two copies is accepted and executed by the Purchaser and one copy of it will be sent to Purchasers mail address.
ARTICLE 4 - DELIVERY OF GOODS/SERVICES, THE PLACE AGREEMENT SHALL BE EXECUTED AND METHOD OF DELIVERY
Goods/services shall be delivered as required by the purchaser.
ARTICLE 5 - DELIVERY AND COSTS OF DELIVERY
Costs of delivery shall be borne by the purchaser. The delivery costs shall be paid by the Seller where Seller stated on the website that delivery costs for purchases above a certain threshold shall be paid by the Seller or where states that no delivery costs shall apply within the promotion. Delivery shall be made as soon as possible provided that there is available stock and upon transfer of the price of the goods to Seller`s bank account. Seller shall deliver the goods/services within 30 (thirty) days following the order notwithstanding the right of the Seller for an additional 10 (ten) days extension by giving a written notice. Seller shall be deemed to be released of his/her obligation to deliver goods/services if the price of goods/services are not paid or cancelled in the bank records.
ARTICLE 6 - STATEMENTS AND WARRANTIES OF THE PURCHASER
Purchaser shall examine the goods/services forming the subject matter of the agreement prior to its delivery and shall not accept the delivery of the goods/services from the cargo company which are smashed, crushed, packaging of which are torn etc. damaged or defective. Goods/services delivery of which are accepted shall be deemed as in good condition and without any damage. Upon delivery Purchaser shall be liable for carefull protection of the goods/services. To use the withdrawal right good/service shall not be used. The receipt shall be returned. Following the delivery of the goods/services in case of non-payment of the price of the goods/services by the concerned bank or financial organization with the reason of usage of the credit card which belonged to the purchaser unrightfully or illegally by the unauthorised persons in a way that is not arising from the fault of the purchaser, the Purchaser is liable to send back the good/service to the seller within 3 (three)days with the condition that goods/services had been delivered to him/her.
ARTICLE 7 - STATEMENTS AND WARRANTIES OF THE SELLER
The Seller is liable for the delivery of the goods/services in good condition, complete, in accordance with the characteristics stated in the order and with the warranty certificate and user manual if any exist. If the goods/services subject to this agreement will be delivered to a person/organisation other than the purchaser, the seller cannot be deemed to be responsible for non-acceptance by the person/organisation to whom the goods/services would be delivered. The Seller returns back the price of the goods/services and the valuable papers if any, within 10 (ten) days following the arrival of the withdrawal right declaration. Goods/services are collected back within 20 (twenty) days. With rightful reasons the Seller may supply to the purchaser in equal quality and price before the period of agreement is expired. If the Seller thinks that the execution of the goods/services became impossible, he informs the purchaser before the execution period is expired. The price paid and the documents if any is returned back within 10 (ten) days. The goods/services with error or defect whether they are the goods/services which are sold under warranty certificate or not may be returned to the seller to make the necessary repairs within the conditions of warranty and in this case the expenses of delivery will be paid by the seller.
ARTICLE 8 - SPECIFICATIONS OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT
The kind and type, quantity, brand/model, colour and the sale price including all the taxes are as in the information stated in the goods/services presentation page of the web site named www.ConsoleCave.com and as it is stated in the invoice which is deemed an integral part of this agreement.
ARTICLE 9 - CASH PRICE OF THE GOODS/SERVICES
The cash price of the goods/services is included in the sample invoice which is mailed following the order and in the content of the invoice which is sent to the customer with the product.
ARTICLE 10 - FORWARD QUOTATION:
The prices of the goods/services according to the instalments arranged for that purchase may be found in the sample invoice sent by e-mail following the order and in the content of the invoice sent to the customer with the product.
ARTICLE 11 - INTEREST:
Shall not exceed the interest rate determined annually by the Government of Republic of Turkey and in any event will not exceed 30%.
ARTICLE 12 - AMOUNT OF ADVANCE PAYMENT:
Advance payment amount of goods/services is included in the sample invoice sent via e-mail following the order and in the invoice sent to the customer with the product.
ARTICLE 13 - PAYMENT PLAN:
The payment plan chosen on the web site shall be the valid payment plan where purchaser, purchase with credit card and in instalments. The related provisions of the agreement executed between the purchaser and the crediting bank shall be applicable to the purchases made in instalments. Credit card payment date is established under the provisions of the agreement executed between the purchaser and the bank. Purchaser may also follow the number of instalments and his/her payments from the bank statement sent by the bank.
ARTICLE 14 - WITHDRAWAL RIGHT:
Purchaser may use his/her right to withdraw within 7 (seven) days upon the delivery of the goods/services to him/her or to the person/organisation in the address designated by him/her. For the purpose of exercising the right to withdraw sellers customer services must be informed via e-mail or phone within the same period of time and goods/services must not be used within the framework of provisions of Article 15 and as per preliminary information given on www.ConsoleCave.com web site which forms an integral part of this agreement. Where this right is exercised, it is obligatory to return back the original invoice of the goods/services that is delivered to the purchaser or to the third party. The amount paid for the goods/services shall be paid back to the purchaser within 7 days following the receipt of the notice concerning the exercise of withdrawal right and goods/services shall be returned within 20 days. VAT and where applicable other legal duties shall not be returned to the purchaser if the original invoice is not sent. The delivery costs of the goods/services returned as a result of the withdrawal right shall be borne by the seller.
ARTICLE 15 - GOODS/SERVICES WITHDRAWAL RIGHT DOES NOT APPLY
The goods/services which by their characteristics cannot be returned are; goods/services rapidly damaged and expired, goods/services for single use, hygienic goods/services, all kinds of software and computer programmes that may be copied. Also in order to exercise the withdrawal right concerning all kinds of software and computer programmes, various medias (Dvd, Cd etc.), computer and stationary consuming materials (toner, cartridge, tape etc) and cosmetics, the packaging of the goods/services shall not be opened, damaged and used.
ARTICLE 16 - DEFAULT AND LEGAL CONSEQUENCES OF DEFAULT
Purchaser shall be liable against the bank and to pay interest within the framework of credit card agreement executed with the bank which issued the credit card if he/she is in default of payments made by credit card. In this case the bank concerned may seek legal remedies; may claim the legal costs that may arise and attorneys fees from the purchaser and in any case where purchaser is in default as a result of his/her obligation, purchaser, accepts to pay losses and damages suffered by the seller as a result of late fulfilment of his/her obligations.
ARTICLE 17 - COMPETENT COURT:
In conflicts, which may arise from this agreement, up to a certain threshold estimated by the Ministry of Industry and Commerce, Consumer Arbitration Committees, above that threshold Consumer Courts; in their absence Civil Courts of First Instance shall be the competent authority.