Policies

Terms of Use

Information Form and Distance Sale Agreement

1. Information on the seller

Commercial Title:. …..

Address:…. Phone: …. Email:info@peshce.com

Product return address: Umraniye/Istabul Turkey

2. Product Information

Unless stated otherwise on Peshce.com (“Website”), the Product will be delivered to the cargo firm on behalf of the Buyer within 30 days at the latest following the Buyer’s communicating his order over the Website and the Seller’s collecting all of the amounts stated above. However, the Buyer will be informed on the date of delivery related to disruptions stemming from the supplier. The product price does not include cargo fee, and the cargo fee will be covered by the Buyer.

3. Payment and Delivery Terms

The Buyer will buy the Product over the Website with the terms and conditions stated in this Preliminary Information Form (“Form”) and the Distant Sales Contract.

The Buyer will cover all the expenses stemming from the Product, including transport, unless stated otherwise above.

The total amount stated above will be paid via credit card or paypal by the Buyer, upon placing an order on the Website.

The buyer must first make the abovementioned payment for the Seller to fulfill its undertaken obligation stated in this form. Obligation of delivery will start upon (i) collection of the payment in full and (ii) availability of the Product in stock. In case the abovementioned amount is not paid in time for any reason, or payment is cancelled by the relevant bank, the Seller will be deemed to be released from its obligation of Product delivery.

4. Validity Period

Prices listed and announced on the Website are sales prices. Announced prices and promises are valid until there is an update and they are replaced, or product stocks are exhausted. Prices announced as time-limited are valid until the end of the stated period. After the validity period, the Seller will not be bound with the information and promises given in this Form.

5. Right of Withdrawal

The buyer shall act in bona fide and conscious about the fact that our products are produced in hand loomed machines, customised and taylor-made products are nonreturnable. We kindly request our customers to bare in mind a/m issue before buying from our webshop.

6. Venue

The Buyer can apply to the consumer issues arbitration committee or consumer court at the place he purchased the product or his place of residence for his complaints and objections within monetary limits determined by the Ministry of Customs and Commerce on December every year.

Distant Sales Contract

1. Subject of the Contract and Parties

This Distant Sales Contract (“Contract”) determines rights and obligation of the parties concerning the purchase of the product (“Product”) by the buyer (“Buyer”), whose details are in the Preliminary Information Form (“Form”) over the website called han.lalay.net operated by [ ] (“Seller”).

2. Delivery of Products

1.The product chosen and requested for purchase over the Website by the Buyer will be delivered to the delivery address stated by the Buyer or to the person/institution at the shown address. Details regarding the delivery period (duration etc.) These are arranged on the Website.

2.If the product will be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible in case the person/institution of delivery does not accept delivery.

3.The Buyer is responsible for checking for any flaw in the Product upon taking delivery of the Product, and in case of a flaw, not accepting the Product and having the cargo employee draw up a record. Otherwise, the Seller will not be responsible in any way for the said flow. However, if the flaw of the Product is presented to the attention of the Buyer upon buying the Product, this condition is considered to be known by the Buyer, and in this case, the Buyer is not entitled to the right of return for flawed product arranged in this clause.

4.Return of products sent without receipt, invoice, record and/or with damage (other than the flaw/damage stated on the Website regarding the Product) will not be accepted by the Seller. The Seller will attempt to return the Product price to credit card of the Buyer within 10 (ten) business days following receipt of the invoice and the Product by the Seller. The Seller will not be responsible for disruptions stemming from the bank in return of the price.

5.Our customer will make the repayment to the customer in the same number of instalments as that of the purchase. In case expenses with instalments made from Bank POS devices are returned to credit card of our Customers after the Seller pays the product price to the bank in one go, the demanded return amounts are transferred to payee party accounts in instalments by the bank to prevent grievance of the involved parties. Instalment amounts paid by the customer until cancellation of the sale will be reflected in the credit card as one return for every month unless date of return and statement date of the card do not overlap and the customer will receive instalments paid prior to the return for as many months as the number of instalments paid before the return after sale instalments are finished, and these will be deducted from his existing debts.

In case goods or services purchase via card are returned, the Seller may not pay in cash to the Customer in accordance with its contract with the Bank. When a return transaction is at issue, the contracted merchant (the Seller) will return the amount via the relevant software and since the contracted merchant (the Seller) is obliged to pay the relevant amount to the Bank in cash or on account, payment cannot be made in cash to the Customer in accordance with the above procedure. Payment to credit card will be made in accordance with the above procedure by the bank after the Seller pays the amount to the Bank in one go.

The Buyer agrees and undertakes that he read and accepted this procedure.

3. Method of Payment

1.As forward sales are only made via credit cards belonging to Banks, the Buyer agrees, declares and undertakes that he will confirm the relevant interest rates and information on default interest from separately from his bank, and that provisions on interest and default interest will be implemented in accordance with provisions of the legislation in force within the scope of the credit card contract between the Bank and The Buyer.

2.Deferred/instalment opportunities offered by institutions giving credit cards, instalment cards etc. such as banks and finance institutions are opportunities of instalment offered by a credit institution or the mentioned institution directly; Product sales made within this scope in which the Seller collects the price in full are not considered instalment sales with regard to parties to this Contract, they are cash sales.

3.Your bank may carry out campaigns and implement more instalments than that preferred by you and offer such services as postponing instalments. Such campaigns are at the initiative of your bank and information is offered about these campaigns on our website if they are known by our company.

4.Your bank will reflect your order total in your credit card statement by dividing the order total into the number of instalment from the statement date of your credit card. The bank may not distribute instalment amounts equally to months, considering remainder differences. Creating your detailed payment plan is at the initiative of your bank.

5.The Buyer is responsible for transactions made by the Buyer via credit card, and the Buyer may not claim invalidity of these transactions. All kinds of damages to be incurred by the Seller as a result of these transactions will be compensated including ancillaries by the Buyer.

4. General Provisions

1.The Buyer agrees that he read basic qualities, sales price and method of payment of the product shown on the Website, as well as preliminary information on delivery and the Form and gave the confirmation required for sales on the electronic environment.

2.Product sale to be made over the Website is not an offer, and Products shown on the Website are subject to availability.

3.In case it becomes impossible for the Seller to procure the Product, the Seller notifies the Buyer about these circumstances and if the Buyer does not demand a substitute product, the Seller returns the total price to the Buyer. Or, the gift/shopping check opportunities offered on the Website may be offered to the Buyer at the Buyer’s option.

4.As a condition, this Contract must be approved by the Buyer and the price stated in the form must be collected in full by the Buyer for delivery of the Product. In case the Product price is not paid or cancelled in bank records for any reason, the Seller will be considered to be released from its obligation of Product delivery.

5.Packaging, cargo and delivery expenses will be covered by the Buyer. Cargo fee will be added to the total order amount. It is not included in the product price. Delivery will be made by hand via the contracted cargo company at the abovementioned address of the Buyer. Even if the Buyer is not his address at the time of delivery, our Company will be deemed to have fulfilled its deed fully and completely. For this reason, all kinds of damages to stem from the Buyer’s late receipt of the Product and expenses to be incurred owing to the Product’s staying at the cargo company and/or the cargo being returned to our Company will also be covered by the Buyer. In case the order is cancelled before the ordered Product is delivered to cargo, packaging, cargo and delivery expenses will be returned to the Buyer. Otherwise, packaging, cargo and delivery expenses will not be returned.

6.In case the Bank/finance institution possessing the credit card used for transaction does not pay the Product price to the Seller following Product delivery for any reason, the Buyer will return the Product within 3 (three) days at the latest in its original packaging and without flaws, all expenses to be paid by the Buyer.

7.In case the Product cannot be delivered as soon as possible owing to a state of emergency (weather, earthquake, flood, fire, etc.) other than normal sales conditions and the delay is likely to exceed 30 days, the Seller informs the Buyer regarding delivery. In this case, the Buyer may cancel the order, order a similar product or wait until the end of state of emergency. In order cancellations, if the Product price was collected, the price will be returned to the Buyer within 10 business days from the cancellation.

8.The Buyer declares and undertakes that the personal information and other information he gave over the Website are correct and that he will immediately compensate the Seller for all damages incurred owing to misrepresentation of this information including ancillaries

9.The Seller may record indefinitely, save by itself, process, share with third persons in cases deemed necessary and use the personal information and other information submitted by the Buyer for carrying membership procedures of and updating the Website, offering and selling various products/services by the Seller, collection of product/service fees-expenses and various promotion-advertisement, communication, sales-marketing and card applications.

10.In case the Buyer does not have the capacity of consumer defined in the Law on the Protection of the Consumer, the Buyer will not have the rights accorded to the consumer (right of withdrawal, etc.) in accordance with the relevant legislation stated in this Contract and the Preliminary Information form.

5. Right of Withdrawal

1.The Buyer may exercise his right of withdrawal without justification in 7 (seven) days following delivery of the Product. It is sufficient to submit the notice that the right of withdrawal was used in writing to the Seller or the e-mail address of the Seller via e-mail within this period. The right of withdrawal period starts on the day of receipt of the Products by the Buyer. The Buyer may not use his right of withdrawal in the following conditions:

  • Start of performance of the service with approval of the Buyer before expiry of right of withdrawal for the service.
  • The Product being a product price of which is determined in the stock exchange or other organized markets.
  • Right of withdrawal may not be used in case the purchased products are those prepared in line with requests of the Buyer or clearly in line with his requirements that cannot be returned owing to their quality, single-use products, duplicable software and programs and products degrading quickly or expired products. Exercising the right of withdrawal for the products below is contingent upon the product’s packaging not being opened, damaged and the product not being used.
  • Portable Computers and Desktop Computers (Returns will not be accepted after the original operating system is installed, in other words, the computer is set up).
  • All kinds of software and programs
  • DVD, VCD, CD and cassette tapes
  • Computer and stationary consumable materials (toner, cartridge, printer ribbon, etc.)
  • Telephone airtime minutes
  • Products that cannot be returned owing to their quality, single-use products, duplicable software and programs and products degrading quickly or expired products cannot be returned.
  • The Product being a periodical such as newspaper or magazine.
  • The Product being a product related to performance of services in connection with bets and lottery.
  • The Product being a service performed instantly in electronic environment or intangible goods delivered instantly to the Buyer.
  • The Product being a customised or taylor-made product, produced upon order.

In case the the Buyer exercises his right of withdrawal, the Seller is obliged to return the total Product price collected and all kinds of documents burden the Buyer with debt to the Buyer without charging any expense within 10 (ten) days from its receipt of the notice of withdrawal and take back the Products within 20 (twenty) days.

In accordance with the general communique of the tax procedure law no 385, you must fill relevant sections of the invoice including a return section sent by us to you in full, signed and sent back to us with the product for the return transactions to be carried out.

2.The Seller may not be held responsible for the cargo company not being able to deliver the ordered Product to the Buyer owing to all kinds of problems to occur at the stage of delivering the Product to the Buyer.

6. Validity of Seller Records

The Buyer agrees, declares and undertakes that electronic and system records, commercial records, book records, microfilms, microfiche and computer records held by the Seller in its own database and servers will constitute reliable, binding, definite and exclusive proof in potential disputes, that it releases the Seller from offer of oath and that this clause constitutes an evidential contract in the sense in Article 193 of the Code of Civil Procedure.

7. Settlement of Disputes

The Buyer can apply to the consumer issues arbitration committee or consumer court at the place he purchased the product or his place of residence for his complaints and objections within monetary limits determined by the Ministry of Customs and Commerce on December every year.

SELLER: ….

BUYER:// DATE: 01 March 2016

 

 

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