PRELIMINARY INFORMATION FORM
|ORDER_DATE|
1. SELLER'S;
Title : FRIGO PARTNER SOGUTMA VE AIR CONDITIONING INDUSTRY JOINT STOCK COMPANY
Address : Akçalar, Osb 1. Cadde No:10/2, 42360 Seydişehir/Konya
Phone :+90 850 377 7842
Fax :
E Mail : [email protected]
BUYER INFORMATION
|BUYER_INFORMATION|
2. SUBJECT;
The subject of this Preliminary Information Form is to inform the Buyer, in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Sales Contracts, about the sale and delivery of the product(s) whose characteristics and sales price are specified below, which the Buyer ordered electronically from the Seller's website www.sogutmamarket.com.
3.BASIC CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT;
|PRODUCTS|
PAYMENT METHOD and DELIVERY
Payment Type : |ODEME_SYSTEM|
Cargo Company : |SHIPPING|
Cargo company selected for return : |SHIPPING|
4. DELIVERY
4.1. The product subject to this contract shall be legally delivered to the Buyer or a third party or entity designated by the Buyer, depending on the distance of the Buyer's place of residence, within a period not exceeding 30 (thirty) days for each product. The Seller's failure to comply with this obligation shall give the Buyer the right to terminate the contract for just cause. In the event of termination of the contract in this manner, the seller is obliged to refund any amount collected from the buyer upon conclusion of this contract, including delivery costs, to the consumer within a maximum of 3 business days from the date of receipt of the termination notice, along with legal interest as required by relevant legislation.
4.2. If the product subject to the contract is to be delivered to a third party or organization other than the buyer, the seller cannot be held responsible if this third party refuses to accept the product.
4.3. Payment must be made upon signing this contract in order for the supply and delivery processes of the product subject to the contract to commence. If the payment for the product subject to this contract is not made or is cancelled through various channels after payment, the seller's obligation to supply and deliver the product will immediately cease, and the contract will be deemed automatically terminated.
4.4. If the supply and delivery of the product subject to this contract becomes impossible, the relevant fact will be notified to the buyer in writing, and if the buyer terminates the contract for this reason, the seller is obliged to return all the amount received for the conclusion of this contract, including shipping costs, to the buyer within a maximum of 3 business days from the date the termination notice is received.
4.5. The responsibility for the product during the period until its delivery to the buyer or a third party designated by the buyer rests with the seller.
It belongs to the seller. However, if the buyer wishes to choose a carrier other than the one determined by the seller for the delivery of the product, the seller is relieved of responsibility by delivering the product to the relevant carrier. With the delivery of the product to the carrier chosen by the buyer, the responsibility for the product is considered to have passed to the buyer.
5. RIGHT OF WITHDRAWAL;
In accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts;
5.1. The Consumer; In distance contracts relating to the sale of goods, the buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods without giving any reason and without paying any penalty.
5.2.The withdrawal notification can be made in writing to [email protected]. However, the buyer can also exercise the right to withdraw from the contract under the same conditions during the period between the conclusion of the contract and the delivery of the product. The notification of the exercise of the right of withdrawal must be in writing, and the burden of proof of this notification rests with the consumer.
5.3.If the Buyer exercises the right of withdrawal, the original invoice relating to the goods/services delivered to the third party or the Buyer must be returned to the Seller.
5.4.The provisions of Law No. 6502 and the Regulation on Distance Contracts shall apply in determining the withdrawal period. Accordingly;
For products that are the subject of a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last item is taken as the basis; for products consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part is taken as the basis.
5.5.The cases in which the consumer cannot exercise the right of withdrawal are as follows;
Products prepared in accordance with the consumer's requests or personal needs, if the protective elements such as packaging, tape seal, package have been opened after the delivery of the goods, in a physical medium The products offered, excluding those provided under a subscription agreement, are considered to be periodicals such as newspapers and magazines.
5.6.If the consumer exercises their right of withdrawal and notifies the seller of this, the seller is obliged to refund all amounts received for the product, including expenses, within 3 business days from the date the notification is received in writing.
5.7.The consumer will not be responsible for any changes or damage that occur only if the product is used in accordance with its operation, technical specifications and usage instructions, provided that the product is returned within the withdrawal period. However, if the product is damaged or defective due to improper use or failure to follow the instructions for use, contrary to its natural purpose, the seller is not liable for returns or exchanges. If no carrier is specified for the return in the pre-information form, the same carrier chosen for the delivery of the product shall be considered as the chosen carrier. However, if the carrier in question does not have a branch in the buyer's location, no costs can be demanded from the buyer.
5.9.The consumer must return the product to the seller's address specified in Article 1 within ten (10) days at the latest from the date on which he/she notifies the seller of his/her right of withdrawal. For products not sent within this period and for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has stated that he/she will collect the product himself/herself, this provision shall not apply.
6. Complaint and Resolution Method;
The buyer may submit any complaints regarding the goods sold to the seller at the address specified above. Complaints submitted to the seller will be examined by the authorized units designated by the seller, and feedback will be provided to the buyer within the most reasonable time.
7. Final Provisions
7.1.The consumer must inspect the goods before taking delivery and should not accept defective or damaged goods from the cargo company representative. The buyer acknowledges that the product received from the courier is sound and undamaged.
7.2.The seller reserves the right to suspend or cancel the order if it determines that the information regarding the order is incomplete, forged, or incorrect, or if it is determined or there is reasonable suspicion that the order was placed in bad faith and/or for the purpose of obtaining commercial gain, provided that the buyer is informed. If the order is canceled, the refund will be made after notifying the buyer.
7.3.Due to force majeure events beyond the seller's control, unforeseen, and preventing or delaying the seller from fulfilling its obligations, product delivery may not be completed within the specified time. In such cases, the seller undertakes to inform the buyer.
In this case, the buyer has the right to request from the seller the cancellation of the order, the replacement of the product with an equivalent, and/or the postponement of delivery until the situation preventing timely delivery is resolved.7.4.For the delivery of the product subject to the contract, it is a condition that the sales price has been paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is considered to be relieved of the obligation to deliver the product. If for any reason the price of the delivered product is not paid to the Seller, the Buyer is obliged to return this product to the Seller's address specified above within ...... days.
8. AUTHORIZED AND COMPETENT COURT;
Any complaints and objections arising from the implementation of this contract shall be made to the Consumer Arbitration Board in the place of residence of the Buyer or in the place where the goods were purchased, according to the monetary value limits determined by the Ministry of Customs and Trade every year in December. However, in cases where the Consumer Courts have jurisdiction as a monetary limit, applications are made to the competent Consumer Courts.
This period can be agreed upon up to 14 days in accordance with the law.
In such a case, the Buyer must be notified in writing within 3 days from the date the situation is learned.
It is mandatory to notify in writing within 3 days that performance is impossible; refunds can be made within 14 days.
All sellers are obliged to act in accordance with this regulation. In case of cancellation, all shipping costs and bank collection fees are borne by the seller, as a result of this regulation.
The law limits refunds to 14 days. The 3-day arrangement is in accordance with the law, but extending it to 14 days would be more beneficial.
This arrangement is in accordance with the legislation, and it is not possible to leave any of these obligations on the Consumer according to the legislation.
The Law and Regulation make this arrangement mandatory.
If a carrier company is not specified for the return in the pre-information form, return costs cannot be claimed. (m.12.3.2)
If a dedicated hotline or resolution method is established for complaints, this should be specifically mentioned in this section. If a section for complaints is to be created on the website, information regarding this link should also be included.
In such a case, the timeframe and conditions for refunds in case of advance payments should be stated.
DISTANCE SALES AGREEMENT
|ORDER_DATE|
ARTICLE 1- PARTIES
SELLER
Title : FRIGO PARTNER SOGUTMA VE AIR CONDITIONING INDUSTRY JOINT STOCK COMPANY
Address : Akçalar, Osb 1. Cadde No:10/2, 42360 Seydişehir/Konya
Phone :+90 850 377 7842
Fax :
E Mail : [email protected]
BUYER INFORMATION
|BUYER_INFORMATION|
ARTICLE 2 - SUBJECT
The subject of this Distance Sales Agreement (hereinafter referred to as the agreement) is the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the Seller to the Buyer (Consumer), and the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts and other relevant legal provisions.
ARTICLE 3 - ESTABLISHMENT OF THE AGREEMENT
3.1. The Buyer acknowledges, declares and undertakes that they have read and understood the entire agreement and are aware of their rights and obligations.
3.2. The Seller and the Buyer acknowledge that there is no disproportion between the performances agreed upon in the agreement, that the mutual performances are appropriate to their nature, and that they have no inexperience in the transactions covered by the agreement.
3.3. The buyer and seller acknowledge that the terms of the contract do not contain any characteristics that could constitute unfair terms, and that there is no clear injustice or disproportion in terms of the balance of interests.
ARTICLE 4 - INFORMATION AND PRICE OF THE PRODUCT SUBJECT TO THE CONTRACT|PRODUCTS|
ARTICLE 5 - GENERAL PROVISIONS
5.1. The Buyer declares that they have read and are aware of all preliminary information regarding the essential characteristics of the product, the sale price, the payment method, and delivery details specified in Article 4 of the Contract, and that they have provided the necessary confirmation electronically. 5.2. The product subject to the Contract will be delivered to the Buyer or a third party or organization designated by the Buyer within the period specified in the preliminary information, depending on the distance of the Buyer's place of residence for each product, provided that this period does not exceed 30 (thirty) days. The Seller's failure to comply with this obligation gives the Buyer the right to terminate the contract for just cause. In the event of termination of the contract in this manner, the seller is obliged to refund any amount received from the buyer upon conclusion of this contract, including delivery costs, to the consumer within a maximum of 3 business days from the date of receipt of the termination notice, along with legal interest as required by relevant legislation.
5.3. If the product subject to the contract is to be delivered to a third party or organization not included in the contract, the seller cannot be held responsible if this third party refuses to accept the product.
5.4. Payment must be made upon signing this contract in order for the supply and delivery processes of the product subject to the contract to commence.
If the payment for the product subject to this contract is not made or is cancelled through various channels after payment, the seller's obligation to supply and deliver the product will immediately cease, and the contract will be deemed automatically terminated.5.5. If the supply and delivery of the product subject to this contract becomes impossible, the relevant fact will be notified to the buyer, and if the buyer terminates the contract for this reason, the seller is obliged to return all the amount received for the conclusion of this contract, including shipping costs, to the buyer within a maximum of 3 business days from the date the termination notice is received.
5.6. The responsibility for the product rests with the seller until it is delivered to the buyer or a third party designated by the buyer.
However, if the buyer wishes to choose a carrier other than the one specified by the seller for the delivery of the product, the seller is relieved of responsibility by delivering the product to the chosen carrier. Once the product is delivered to the carrier chosen by the buyer, responsibility for the product is considered to have passed to the buyer.5.7.  > The sale of the product subject to this contract by the seller is intended for the end consumer. The seller may terminate the contract unilaterally and for just cause if he suspects that the buyer is purchasing the product for resale purposes or if there are indications that this is the case.
5.8.  > The buyer acknowledges, declares, and undertakes that they cannot return or exchange the product purchased online at stores displaying the seller's brand.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts;
6.1. The consumer; In distance contracts relating to the sale of goods, the buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods without giving any reason and without paying any penalty.
6.2.The withdrawal notification can be made in writing to [email protected] However, the buyer may also exercise the right to withdraw from the contract under the same conditions during the period between the conclusion of the contract and the delivery of the product. The notification of the exercise of the right of withdrawal must be in writing, and the burden of proof of this notification rests with the consumer. 6.3. If the buyer exercises the right of withdrawal, the original invoice relating to the goods/services delivered to the third party or the buyer must be returned to the seller. If the invoice is not sent to the seller's address specified in Article 1 along with the product, the VAT and any other legal obligations cannot be refunded to the buyer. The buyer, exercising this right, will write "return invoice" on the invoice and sign it along with the product they are returning.
6.4. The provisions of Law No. 6502 and the Regulation on Distance Contracts are valid in determining the withdrawal period. Accordingly; For products that are the subject of a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last item shall be taken as the basis; for products consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part shall be taken as the basis.
6.5. The cases in which the consumer cannot exercise the right of withdrawal are as follows;
Products prepared in accordance with the consumer's requests or personal needs, products presented in a physical medium if the protective elements such as packaging, tape seal, or package have been opened after delivery of the goods, products considered as periodicals such as newspapers and magazines, except those provided under a subscription contract.
6.6. The Consumer's Right of Withdrawal If the consumer uses the product and notifies the seller of this, the seller is obligated to refund all payments received for the product, including expenses, within 3 business days from the date the notification is received in writing.
6.7.The consumer will not be held responsible for any changes or damage that occur if the product is returned within the withdrawal period, provided that it has been used in accordance with its operation, technical specifications, and usage instructions. However, if the product is damaged or defective due to improper use or failure to follow the instructions for use, contrary to its natural purpose, the seller is not liable for returns or exchanges. If the carrier for the return is not specified in the pre-information form, then the same carrier chosen for the delivery of the product shall be considered as the carrier chosen for the return. However, if the carrier in question does not have a branch in the buyer's location, no expenses can be demanded from the buyer.
6.9.The consumer must return the product to the seller within ten (10) days at the latest from the date on which he/she notifies the seller of his/her right of withdrawal. For products not sent within this period and for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has stated that he/she will collect the product himself/herself, this provision shall not apply.
7. Defective Goods
7.1. A defective good is a good that is in breach of contract because, at the time of delivery to the consumer, it does not conform to the sample or model agreed upon by the parties, or it does not possess the characteristics it should objectively have. It does not possess one or more of the characteristics stated on its packaging, label, instruction manual, internet portal, or in its advertisements and announcements; it is contrary to the quality declared by the seller or determined in its technical regulation; Goods that contain material, legal, or economic deficiencies that do not meet the intended purpose of comparable goods, or that reduce or eliminate the benefits reasonably expected by the consumer, are also considered defective.
7.2.In this case, the consumer has the right to withdraw from the contract, including a refund, to have the defective goods replaced with faultless goods of the same kind, or to request a price reduction proportional to the defect, or free repair. The seller is obliged to fulfill the consumer's preferred request.
7.3.If the consumer was aware of the defect at the time the contract was concluded, or it could be expected of him to be aware of it, there is no breach of contract.
The consumer's optional rights against defects other than those mentioned above are reserved.
8. Final Provisions
8.1.The BUYER declares that he/she has read and is fully and completely informed about the basic characteristics of the product subject to the Contract, the sales price including all taxes, the payment method, the delivery and the fact that the costs thereof will be borne by (…), the delivery period and the full commercial name, address and contact information of the SELLER on the (…) website, and that he/she has given the necessary confirmation electronically. (…) The pre-information form and sales invoice located on the Website are annexes and integral parts of this Agreement.
8.2. The distance sales contract concluded with you will be kept electronically by the Seller for 3 (three) years from the date of conclusion of the contract. After this contract is established, the contract text will be sent to your email address.
8.3.The SELLER is responsible for delivering the product subject to the Contract in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable.
8.4.In the event of the BUYER's default in fulfilling its obligations, the BUYER agrees, declares and undertakes to pay all damages incurred by the SELLER, except in cases where the default due to delayed performance is caused by the SELLER's fault.
8.5.The Seller is responsible for ensuring that the information regarding the order is incomplete, The seller reserves the right to suspend

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