DISTANCE SALES AGREEMENT

 

ARTICLE 1. PARTIES

 

1.1. SELLER:

Title: BUGIWORKS TEKNOLOJİ SANAYİ İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ

Address: Yeşilce Mahallesi, Ulubaş Caddesi no: 30-2, Kağıthane / İstanbul

Email: info@hergele.co

 

1.2. BUYER ("CONSUMER"):

Name / Surname / Title: Person Name

Address: Person Address

Phone: Contact Phone

Email: Contact Email

 

ARTICLE 2. SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the CONSUMER purchases electronically from the www.hergele.co website.

 

ARTICLE 3. INFORMATION REGARDING THE CONTRACT SUBJECT PRODUCT, PAYMENT AND DELIVERY

 

3.1. Name, quantity, sales price including VAT, payment method and basic qualifications of the goods or services subject to the contract

Product Name and Basic Characteristics Unit Sales Price

(Total Turkish Lira including VAT) Term Sale Price

(Total including VAT)

 

3.2. Payment Method: Transaction by Credit Card

• On the order summary page, there is information about how many installments the order total will be paid.

• The bank to which the CONSUMER pays, can arrange campaigns and apply a higher number of installments than the number of installments selected by the CONSUMER, and services such as postponement of installments can be offered. Such campaigns are at the initiative of the relevant bank. The seller is not responsible for any campaign or installment postponement that is not published on the website by the SELLER.

• The order total will be divided by the number of installments starting from the credit card statement date of the consumer and will be reflected in the credit card summary by the bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fraction differences. Creating a detailed payment plan is at the initiative of the bank and the SELLER is not responsible for this issue.

On the other hand, since the term sales are made only with the credit cards of the banks, the CONSUMER will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the CONSUMER in accordance with the provisions of the current legislation. accepts, declares and undertakes.

Creating a detailed payment plan is at the initiative of the relevant Bank.

 

3.3. Refund Procedure:

In cases where the CONSUMER exercises the right of withdrawal or a refund is decided to the CONSUMER for other reasons, the return procedure regarding payment options is as follows:

 

a) Refund Procedure for Credit Card Payment Options

If the shopping is made by credit card and in installments, the Bank pays the CONSUMER in installments. After the SELLER pays the entire price of the product to the bank at once, in the event that the installment expenses made from the Bank POS are returned to the credit card of the CONSUMER, the refund amounts are transferred by the Bank in installments. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the return date and the account cut-off date of the card do not coincide, 1 (one) refund will be reflected on the card each month and the installments paid by the CONSUMER before the return are over, after the end of the sales installments, the number of installments paid before the return will be credited and deducted from existing debts.

 

In the event of the return of goods and services purchased with a card, the SELLER, in accordance with the contract made with the Bank; In case of a refund transaction, the refund will be made through the relevant software, and the CONSUMER cannot be paid in cash since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account. The refund to the credit card will be made by the Bank in accordance with the procedure described in the above paragraph, after the SELLER has paid the Bank the amount in one time. The CONSUMER agrees, declares and undertakes that he has read and accepted the aforementioned procedure.

 

b) Refund Procedure in Money Order / EFT Payment Options

The refund will be made in the form of money transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the invoice address or the name of the user) by requesting the bank account information from the CONSUMER.

In the event of the return of goods and services purchased via wire transfer / EFT, the SELLER cannot make a cash payment to the CONSUMER in accordance with the contract made with the Bank. Since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account in case of a refund transaction, the CONSUMER cannot be paid in cash in accordance with the procedure described in paragraph (a) of this article. The CONSUMER accepts, declares and undertakes that he has read and accepted the aforementioned procedure.

 

c) If the CONSUMER made the payment using virtual POS on www.hergele.co, the SELLER has the right to deduct the virtual POS commission amount from the refund amount to be made to the CONSUMER.

 

3.4. Delivery Method and Address:

3.4.1. Delivery Address: Customer Address

Person To Be Delivered: Person Name

Invoice Address: Customer Address

3.4.2. The product will be delivered within 30 days from the contract date.

 

3.4.3. Packaging, shipping and delivery costs are covered by the CONSUMER. Cargo will be carried out by the cargo company that has an agreement with the SELLER. The shipping fee is the amount determined by the contracted shipping company and specified on the website during the sale. The shipping price is added to the total order amount. It is not included in the product price. The delivery will be delivered to the above-mentioned address of the CONSUMER through the contracted cargo company. The SELLER is not responsible for any damages and expenses caused by the CONSUMER's late delivery of the product and / or not receiving the product at all from the moment the product is delivered to the cargo company by the seller; The SELLER will be deemed to have fulfilled its performance fully and completely in accordance with the contract.

 

3.4.4. In the event that the CONSUMER changes its address in the contract, the cost to be made for the delivery of the product is increased, the CONSUMER will be responsible for all costs incurred.

 

3.4.5. In the event that the address change made by the CONSUMER is not notified to the SELLER before the product is shipped by the SELLER, the SELLER is not liable in the event that the product is not delivered or delivered late, but all damage will be on the CONSUMER.

 

3.4.6. If the product subject to the contract is to be delivered to another person / organization other than the CONSUMER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.

 

3.4.7. The responsibility of the SELLER for the delivery of the product is limited to the delivery of the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

 

3.4.8. For the delivery of the contractual product, the price of this contract must be paid in the form of payment preferred by the CONSUMER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.

 

3.4.9. If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the CONSUMER is used unfairly or unlawfully by unauthorized persons not due to the fault of the CONSUMER after the delivery of the product, the SELLER will or refund is required.

 

ARTICLE 4. RIGHT OF WITHDRAWAL

 

The CONSUMER has the right of withdrawal within 14 (fourteen) days after the conclusion of this contract without any justification and without paying penalty. The period of right of withdrawal is the day the contract is established in contracts regarding service performance; In the contracts regarding the delivery of goods, it starts on the day when the CONSUMER or the third party determined by the CONSUMER receives the goods. However, the CONSUMER may also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

 

In determining the period of right of withdrawal;

a. For goods that are subject to a single order and delivered separately, the day the CONSUMER or the third party designated by the CONSUMER receives the last good,

b. For goods consisting of more than one piece, the day the CONSUMER or the third party determined by the CONSUMER receives the last piece

c. In contracts where the goods are delivered regularly for a certain period of time, the day on which the CONSUMER or the third party designated by the CONSUMER receives the first goods is taken as basis.

You can make your cancellation notice through the easy return option on your personal membership page at www.hergele.co before the right of withdrawal expires. The carrier foreseen within the scope of your right of withdrawal is the cargo company to which the ordered product is delivered to you, and the shipping fee belongs to the Consumer. ‘Details regarding the return declared in the easy return option on the personal membership page of the consumer on www.hergele.co are an annex of this contract and the return will be made in accordance with those conditions.

The consumer clearly declares that he has read and accepted the aforementioned terms.

 

The consumer cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider,

b) Contracts for goods prepared in line with the special requests or personal needs of the CONSUMER,

c) If the product subject to sale is an electric scooter, contracts for products whose usage amount exceeds 50km,

d) Contracts for products whose protective elements such as packaging, tape, seal, package have been opened after delivery,

e) Contracts regarding the books, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

f) Contracts for services performed instantly in electronic environment or for intangible goods delivered immediately to the CONSUMER.

g) Contracts regarding the services started with the approval of the CONSUMER before the right of withdrawal expires.

In the event that the CONSUMER chooses the "Credit Card" payment option, the CONSUMER agrees, declares and undertakes that the right to withdraw from the Credit Card Agreement will be applied within the scope of the Credit Card agreement between the Bank and the CONSUMER. In the event that the CONSUMER withdraws from this Distance Sales Contract signed with the SELLER, the wage refund processes depend on the duration of the contract between the CONSUMER and the Bank. The SELLER has no involvement in the refund policy.

 

ARTICLE 5. REFUND POLICY

 

5.1. If the delivered product is a "defective product", the CONSUMER will be able to return the product. During the delivery of the product, after checking the condition of defective or not by the cargo authority, if the product is defective, a report must be made to the cargo authority and the repair or return process of the product must be initiated. Whether the product is a defective product or not will be determined by the report to be attached to the cargo company on the product delivery date and time.

 

5.2. In the event that the CONSUMER initiates a cancellation / refund for the defective product, the refund will be refunded provided that the amount paid is deducted from the total amount of the shipping fee, if any. The CONSUMER may request the product to be repaired or replaced with a new one instead of the refund.

 

5.3. The CONSUMER can order a different product for the product for which the refund is initiated, without prejudice to the product price. If the price of the new product ordered by the CONSUMER is lower than the price of the old product, the amount in between is refunded to the CONSUMER. The CONSUMER can order products as much as the difference fee. In case the price of the new product ordered by the CONSUMER is higher than the price of the old product, the difference fee will be deducted from the CONSUMER through the payment channel.

 

5.4. In accordance with the general notification of the tax procedure law numbered 385, the relevant parts of the invoice with the return section we have sent to you must be filled in completely and after it is signed, the cargo authority's report must be made as an attachment and sent back to us together with the product.

 

5.5. The SELLER will make the refund after the date of return of the defective product to the SELLER.

 

5.6. In the case of product return, in the procedure of returning the product price to the CONSUMER by the SELLER; The refund procedure set out in Article 3 of this contract will be applied.

 

 

ARTICLE 6. GENERAL PROVISIONS

 

6.1. The CONSUMER declares that he has read the preliminary information about the contractual product on the website www.hergele.co and has been informed and has given the necessary confirmation electronically.

6.2. Preliminary Information Form and Distance Sales Contract are in the nature of a pre-protocol for the products whose sales are expected to be completed with official transactions to be carried out before the official authorities in accordance with the relevant legislation. The total price and payment method of these products will be specified in the relevant Campaign Terms and / or Product Descriptions, and this price does not include the costs incurred during the completion of the official proceedings for the sale. The said expenses will be paid by the CONSUMER during the execution of official transactions. These sales will be deemed to have been completed with the payment of the total price to the SELLER by the CONSUMER and fulfillment of official procedures before the official authorities. In this context, provisions that do not have the right of withdrawal, cargo / delivery and similar application areas will not apply to these products.

 

6.3. The warranty processes of the products will be covered by the SELLER.

 

6.4. The consumer will be able to access the personal data protection clarification text prepared in accordance with the Law on Protection of Personal Data from the relevant section of the website of the SELLER. The consumer clearly declares that he has read, understood and accepted the KVKK clarification text, which is an annex to this contract.

 

6.5. If one of the parties changes its address declared in this contract, it must inform the other party in writing or via e-mail. Otherwise, the address included in this contract will be deemed the legal address of that party.

 

6.6. In disputes related to this contract; Turkish Courts are authorized; the applicable law is Turkish Law.

 

6.7. In the event of the order, the CONSUMER is deemed to have read and accepted all the terms of this contract. The date on which the order is placed by the consumer will be considered as the contract date.

 

6.8. This agreement has been concluded between the parties, and the parties clearly declare that they have read, understood and accepted the articles contained in this agreement.

 

SELLER: Seller Name BUYER ("" CONSUMER ""): Buyer Name