- PARTIES OF THE CONTRACT
The personal information given during the purchase order is considered as the BUYER information.
Title: ARC GmbH
Address: Curt-Bär-Weg 177, 21035 Hamburg-Germany
Telephone: +49 176 66686952
E-mail Address: firstname.lastname@example.org
SUBJECT OF THE CONTRACT
The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) with the below stated properties and the sales price ordered by the BUYER via the electronic environment via the website www.arcmedicalstore.com of the SELLER.
PRODUCTS SUBJECTS TO THE CONTRACT
Products :The type, quantity, brand/model, color, sales price of the products are as chosen and verified by the BUYER from the SELLER’s product range.
Payment terms: Transferred as cash through bank account or with credit card.
The BUYER, based on the fact that the term sales may be conducted only through credit cards issued by the banks, agrees, declares and undertakes that it shall confirm the information related to the interest rates and delay interests with the bank separately, that the provision on the interest payments and delay interests shall apply pursuant to the credit card contract between the Bank and the BUYER. In installment transactions the provisions of the contract concluded between the BUYER and the bank issued the relevant card shall apply. The payment dates for the credit card shall also be determined between the bank and the BUYER as per their agreement. The BUYER is entitled to follow the number of installments and payments thereof on the account summary to be sent by the bank.
Delivery address: The address specified by the BUYER.
The Product(s) will be delivered to the address stated by the BUYER during check-out process on the SELLER’s website. Even if the BUYER will not be present at the delivery time, the SELLER will be deemed as it has performed its obligations hereunder fully and completely. Therefore, any and all losses and damages due to the late receipt of the product by the BUYER, any delay in the delivery thereof attributable to the cargo company and/ or the return of the product to the SELLER shall be solely incurred by the BUYER.
Delivering party: The chosen cargo company
Invoice address: The address specified by the BUYER.
Cargo Fee: Cargo fee is paid by the SELLER for the domestic shipments within Turkey. For the international shippings, the additional shipping rate calculated based on the destination country will be displayed during check-out process.
4.1. All sales are made to persons over the age of 18. Persons under 18 need to have the involvement of a parent or guardian.
4.2. The BUYER accepts she/he has knowledge by reading about the basic specifications of the product, sales price and payment terms and gives confirmation in electronic environment.
4.3. The product subject to the contract shall be delivered to the BUYER or to the person/company in the period claimed in the general terms not exceeding 30 days based on the location where the BUYER is located.
4.4. If the delivery is addressed to third party other than the BUYER, the SELLER is not responsible for non-acceptance of the delivery.
4.5. The SELLER is responsible is delivering the product in question unharmed, complete and as specified in the order.
4.6. For the delivery of the product, this contract should be electronically accepted by the BUYER and the payment should be done by the BUYER as chosen accordingly. The SELLER is not responsible for delivery if the payment is not done or cancelled in bank records.
4.7. After the delivery of the product, if the BUYER’s credit card is used illegally by third parties without the BUYER’s knowledge and thus the bank refuse to pay the amount to the SELLER, the BUYER has to return the goods to the SELLER within three days. In this case, all cargo costs belong to the BUYER.
4.8. The SELLER need to inform the BUYER if he cannot make the delivery of the product within the specified period due to extraordinary conditions like natural disasters, weather conditions preventing the delivery. In this case, the BUYER has the right to cancel the order, change the product or/and postpone the delivery till the extraordinary effect is over. In case the BUYER cancels the order the amount of shopping will be paid in 10 days in cash at once.
4.9. This contract is valid after the “I read the agreement, I accept the terms” box is marked by the BUYER.
DEFAULT AND LEGAL CONSEQUENCES
If the BUYER will fail to make any payment related to the transactions conducted with a credit card, he/she will pay the interest amount and be liable against the bank pursuant to the credit card contract concluded between him/her and the bank. In such case the Bank may use applicable legal remedies; request the refunding of any legal expenses and attorney fees from the BUYER, and the BUYER agrees to pay any losses and damages incurred by the SELLER due to the delayed performance of the debt by the BUYER, in any case.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
The BUYER is entitled to use her/his right of withdrawal from the Contract by denying the products without any legal or penal liability and without any justification therefore within 14 (fourteen) days from the delivery of the products to her/him or her/his designated person/ entity, in the distance sales contracts. For any use of right of withdrawal, it is required to send a notice to the SELLER with registered mail with return receipt, fax or e-mail within 14 days (fourteen), and the relevant product should not be used as per the provisions of the article 6 herein.
In the event of usage of the right of withdrawal, It is required to return;
- the invoice; If the invoice of the products was issued to a legal entity/company, it should be returned with the return invoice issued by the returning entity. The order returns issued to the entities shall not be completed without such RETURN INVOICE.
- The box, all package content with all tags, labels in place, hygienic protective pad (never removed) without any missing item.
The SELLER, within 14 days from the receipt of the notice of withdrawal, shall deliver the total price and the documents establishing commitment/ debt on the BUYER.
If any decrease will occur in the value of the Products for any reason attributable to the BUYER or if it will become impossible to return the Product, the BUYER will indemnify the SELLER in line with its default.
COURT IN CHARGE
In the application of this contract, the Consumer Referee Committee or the Consumer Courts in SELLER or BUYER’s location are authorized.
This contract is valid after the “I read the agreement, I accept the terms” box is marked by the BUYER.
SELLER : ARC GmbH
BUYER : As given in the order
DATE : Order date