ARTICLE 1 PARTIES
1.1-SELLER
Title : NIMBA - Zirve Commerce et Industries
Address : Mimsan Sanayi Sitesi 39.Blok 1646.Sok No:82 Esenyurt/İSTANBUL/Türkiye
Phone : 5364966708
Fax :
Email address : [email protected]
1.2-BUYER
Name/Surname/Title :
Address :
Phone :
Email address :
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 No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011, regarding the sale and delivery of the product, whose qualifications and sales price are specified below, ordered electronically by the BUYER through the website newnimba.com belonging to the SELLER.
ARTICLE 3 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE
3.1-PRODUCTS
The basic characteristics of the goods or services are located at newnimba.com.
The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a period are valid until the end of the specified period.
All taxes of the goods or services subject to the contract are included in the sales price.
3.2-DELIVERY METHOD AND PLAN
Delivery Address :
Person to be Delivered :
Invoice Information :
Product shipments will begin within 3 business days at the latest after the product is supplied by NIMBA - Zirve Commerce et Industries . The cargo fee, which is the product shipment cost, in orders will be paid by the BUYER.
3.3 DELAY INTEREST
Since the payment will be made in advance or by credit card, no delay interest is applied by the SELLER.
ARTICLE 4 GENERAL PROVISIONS
4.1) The BUYER declares that they have read and are informed about the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the newnimba.com website and have given the necessary confirmation in the electronic environment. By confirming this Preliminary Information electronically, the BUYER confirms that they have accurately and completely acquired the address that must be given to the BUYER by the SELLER prior to the conclusion of distance contracts, the basic characteristics of the products ordered, the price of the products including taxes, and payment and delivery information.
4.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, within the period described in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that the legal 30-day period is not exceeded.
4.3) The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems the cargo company may encounter during the delivery of the product to the BUYER. For any damage occurring during product shipment, the BUYER is obliged to have a report drawn up with the CARGO company.
4.4) The SELLER is responsible for delivering the product subject to the contract sound, complete, in compliance with the characteristics specified in the order, and with warranty documents and user manuals, if any.
4.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiration of the performance obligation arising from the contract.
4.6) If the SELLER cannot fulfill its obligations under the contract in case the fulfillment of the goods or service subject to the order becomes impossible, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total amount to the BUYER within a period of 10 business days.
4.7) For the delivery of the product, it is a condition that this Preliminary Information Form is confirmed electronically. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.
4.8) If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not caused by the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, shipping expenses belong to the BUYER.
4.9) If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its equivalent, if any, and/or postpone the delivery period until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid is paid to them in cash and in lump sum within 10 days. In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the accounts after its return to the bank is entirely related to the bank processing process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected in the BUYER's account by the bank.
ARTICLE 5 RIGHT OF WITHDRAWAL
The BUYER can exercise their right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any justification within 14 (fourteen) business days from the date of delivery of the product to themselves or the person/organization at the address indicated, in distance contracts related to the sale of goods. In distance contracts related to the provision of services, this period starts on the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. Expenses arising from the use of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, it is required to make a written notification to the SELLER by registered mail with return receipt, fax, or email within the 14-business-day period and that the product has not been used within the framework of the provisions of article 5-e. In case this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of institutions cannot be completed if a RETURN INVOICE is not issued.)
b) The petition specified while exercising the right of withdrawal,
c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total amount and documents putting the buyer under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and take back the goods within 20 days.
e) If there is a decrease in the value of the goods for a reason originating from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER in proportion to their fault. Custom-made measurements and products cannot be returned by the SELLER. Products requiring hygiene such as earrings, etc., cannot be returned by the SELLER. Products for which the right of withdrawal is intended to be used must be unused. Technological products whose packages have been opened once cannot be returned by the SELLER.
f) If falling below the shopping check usage amount arranged by the SELLER due to the use of the right of withdrawal, the shopping check amount benefited within the scope of the campaign is canceled.
ARTICLE 6 AUTHORIZED COURT
In the application of this contract, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where their residence is located are authorized, up to the value announced by the Ministry of Customs and Trade. The SELLER may make applications regarding its complaints and objections to the consumer problems arbitration committee or consumer court in the place where it purchased the goods or services or where its residence is located, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey every December. Information regarding the monetary limit is below. Effective from January 1, 2014, the upper or lower monetary limit for the decisions of consumer problems arbitration committees to be binding or to be evidence in consumer courts in the fifth and sixth paragraphs of Article 22 of the Law on the Protection of Consumers No. 4077 has been determined as 1,272.19 TL, and in the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated August 1, 2003 and numbered 25186, the lower monetary limit regarding the provincial arbitration committees operating in provinces with metropolitan status being on duty and authorized to look at disputes has been determined as 3,321.17 TL.
This Contract has been made for commercial purposes.
SELLER : NIMBA - Zirve Commerce et Industries
BUYER :
DATE
This content has been translated using artificial intelligence technology.