Distance Sales Contract

zmotechnik.com distance sales terms and legal information

1. Parties

This Agreement has been signed between the parties below under the terms and conditions specified below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:ZMO Group and Home Appliances Inc.
ADDRESS:ZMO Group Automotive Ltd. Gülsuyu Mah. Kelebek Sk. No:15/1 Maltepe / Istanbul, Turkey

By accepting this contract, the BUYER accepts in advance that if they confirm the order subject to the contract, they will be obligated to pay the order amount and additional fees such as shipping and taxes, if any, and that they have been informed about this.

2. Definitions

In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: The subject of all kinds of consumer transactions other than the provision of goods made or committed to be made for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on account of the person offering goods,
BUYER: A real or legal person who acquires, uses or benefits from a good or service for non-commercial or professional purposes,
SITE: The internet site owned by the SELLER,
ORDER GIVER: A real or legal person who requests a good or service through the SELLER's internet site,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.

3. Subject

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER has ordered electronically through the SELLER's internet site.

The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.

4. Seller Information

Title: ZMO Group and Home Appliances Inc.
ADDRESS: ZMO Group Automotive Ltd. Gülsuyu Mah. Kelebek Sk. No:15/1 Maltepe / Istanbul, Turkey
Contact Phone
Email ofis@zmogroup.com

Buyer: [Buyer Information]

5. Buyer Information

  • Person to be Delivered:
  • Delivery Address
  • Phone
  • Fax
  • Email

6. Contract Subject Product/Products Information

6.1.

The basic features of the Goods/Product/Products/Service (type, quantity, brand/model, color, number) are published on the SELLER's internet site. If a campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign period. Valid until campaign date.

6.2.

The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.

6.3.

The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product DescriptionQuantityUnit PriceSubtotal
Shipping Amount:
Total:

Payment Method and Plan:

Delivery Address

Person to be Delivered:

Invoice Address

Order Date:

Delivery Date:

Delivery Method:

6.4.

The shipping cost, which is the product shipping expense, will be paid by the BUYER.

7. Invoice Information

  • Person to be Delivered:
  • Delivery Address
  • Phone
  • Fax
  • Email

8. Security-Privacy, Personal Data, Electronic Communications and Intellectual Property Rights Related Rules

Privacy rules-policy and conditions specifying the current principles below regarding the protection, confidentiality, processing-use of information and communications and other matters on the WEBSITE are valid.

8.1.

Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER's side, according to today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, the responsibility of taking necessary measures, including those related to viruses and similar harmful applications, for their protection on the BUYER's side and not being accessed by unauthorized persons belongs to the BUYER.

8.2.

In addition to and in confirmation of the permissions-approvals given by the BUYER for personal data and commercial electronic communications in other ways; Information obtained during the BUYER's membership and shopping on the WEBSITE may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used and processed in other ways by the SELLER for electronic and other commercial-social communications for the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, indefinitely or for the period they foresee, in the presence of those specified and their successors.

8.3.

The BUYER can stop communications at any time by contacting the SELLER through the specified communication channels for data use-processing and/or by reaching through the same channels in accordance with legal procedures or by using the right of refusal in electronic communications sent to him/her.

8.4.

Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.

8.5.

The SELLER reserves the right to make any changes it deems necessary on the above subjects; these changes become valid from the moment they are announced by the SELLER from the WEBSITE or through other appropriate methods.

8.6.

Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes and negative consequences that may arise.

9. General Provisions

9.1.

The BUYER accepts, declares and undertakes that he/she has read and learned about the basic characteristics of the product subject to the contract, its sales price and payment method, and delivery-related preliminary information on the internet site belonging to the SELLER, and has given the necessary confirmation electronically. The BUYER's confirmation of the Preliminary Information electronically, before the establishment of the distance sales contract, accepts, declares and undertakes that he/she has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the prices of the products including taxes, payment and delivery information correctly and completely.

9.2.

Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the internet site, depending on the distance of the BUYER's place of residence, not exceeding the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract is reserved.

9.3.

The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, information and documents required for the job, if any, free from all kinds of defects, in accordance with legal legislation requirements, in a solid, standard-compliant manner, within the principles of accuracy and honesty, to maintain and improve the service quality, to show the necessary attention and care during the performance of the work, to act with caution and foresight.

9.4.

The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her express consent before the expiration of the performance obligation arising from the contract.

9.5.

If the SELLER cannot fulfill his/her contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, he/she accepts, declares and undertakes to notify the consumer of this situation in writing within 3 days from the date he/she learns of it, and to refund the total amount to the BUYER within 14 days.

9.6.

The BUYER accepts, declares and undertakes that he/she will confirm this Contract electronically for the delivery of the product subject to the contract, and that if the product price subject to the contract is not paid for any reason and/or is canceled in bank records, the SELLER's obligation to deliver the product subject to the contract will end.

9.7.

The BUYER accepts, declares and undertakes that after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the contract to the SELLER within 3 days with the transportation cost belonging to the SELLER.

9.8.

If the SELLER cannot deliver the product subject to the contract within the time due to force majeure cases such as the development of situations that develop outside the will of the parties, cannot be foreseen in advance and prevent and/or delay the parties from fulfilling their debts, he/she accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery time until the preventive situation is eliminated.

9.9.

The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes through letters, e-mails, SMS, telephone conversations and other means via the address, e-mail address, landline and mobile telephone lines and other communication information specified by the BUYER in the registration form to the site or updated by himself/herself later.

9.10.

The BUYER will inspect the contract goods/services before receiving delivery; he/she will not accept damaged and defective goods/services such as dented, broken, torn packaging, etc. from the cargo company. The delivered goods/services will be accepted as undamaged and intact.

9.11.

In case the BUYER and the credit card holder used during the order are not the same person or a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to present identity and contact information regarding the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder's bank stating that the credit card belongs to him/her.

9.12.

The BUYER declares and undertakes that the personal and other information he/she gives while becoming a member of the SELLER's internet site is true, and that he/she will compensate all damages that the SELLER will suffer due to the falsity of this information, immediately, in cash and at once upon the SELLER's first notification.

9.13.

The BUYER accepts and undertakes from the beginning to comply with legal legislation provisions and not to violate them while using the SELLER's internet site. Otherwise, all legal and criminal obligations that will arise will bind the BUYER completely and exclusively.

9.14.

The BUYER cannot use the SELLER's internet site in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or in a way that violates the material and moral rights of others.

9.15.

Through the SELLER's internet site, links may be provided to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties.

9.16.

A member who violates one or more of the articles listed in this contract is personally responsible legally and criminally due to this violation and will keep the SELLER free from the legal and criminal consequences of these violations.

10. Right of Withdrawal

10.1.

BUYER; If the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she indicated, he/she can use the right of withdrawal from the contract by rejecting the goods without assuming any legal and penal responsibility and without showing any reason, provided that he/she notifies the SELLER.

10.2.

In order to use the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the 'Products for Which the Right of Withdrawal Cannot be Used' provisions regulated in this contract.

Products for Which Right of Withdrawal Cannot be Used

Products prepared according to the BUYER's request or clearly personal needs and not suitable for return, underwear, swimwear and bikini bottoms, makeup materials, disposable products, goods that are in danger of spoiling quickly or are likely to expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, periodical publications such as newspapers and magazines, except those provided under the subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and return of sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging is opened by the BUYER, is not possible according to the Regulation

Default and Legal Consequences

If the BUYER makes payments by credit card and defaults, he/she accepts, declares and undertakes to pay interest within the framework of the credit card agreement between the cardholder bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may demand costs and attorney fees from the BUYER and in any case, if the BUYER defaults due to his debt, the BUYER accepts, declares and undertakes to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt

Authorized Courts

Complaints and objections arising from this contract will be made to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the Law

Entry into Force

When the BUYER makes the payment for the order placed through the Site, he/she is deemed to have accepted all the terms of this contract.The SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.

SELLER:

ZMO Group and Home Appliances Inc.

DATE:

_________________________

BUYER:

_________________________

For detailed information and your questions, please contact customer service.
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ZMO Group Otomotiv Ltd. Gülsuyu Mah. Kelebek Sk. No:15/1 Maltepe / İstanbul, Türkiye
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