E-COMMERCE DISTANCE SALES AGREEMENT

 

Article 1- Parties

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1.1. Sales person
Name: ALBATROS Creative Engineering Industry and Trade. Inc.
Address: Abide-i Hürriyet Caddesi No:211/64 Blackout A Blok Kat:1 34384 Şişli, İSTANBUL-TURKEY
Phone: +902122222111
MERSIS NO: 0049-0949-3910-0001
Email: albatross @ albatrosas.com

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1.2. Buyer
Name and surname:
TCK. No:
Address:
Telephone:
E-mail:

 

 

Article 2- Subject

The subject of this contract is the Turkish Commercial Code, the Code of Obligations and the Law No. 6502 on the Protection of Consumers and the Distant Law regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's www.albatroas.com website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Contracts.

Buyer, seller's name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the seller clearly, comprehensibly and in accordance with the internet environment, that it has confirmed this preliminary information in electronic environment and then ordered the goods in accordance with the provisions of this contract.

The preliminary information on the www.albatrosas.com site and the invoice issued on the order given by the buyer are integral parts of this contract.

 

 

Article 3- Contractual Product/Payment/Delivery Information

The type and type, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product/products purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The buyer accepts to fully cover the damages that may arise from the inaccuracy or incompleteness of this information, and also the buyer accepts any responsibility that may arise from this situation. The SELLER reserves the right to stop the order when the information given by the BUYER does not match the reality, when it deems necessary. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed. Received Product/Products

Name, code : … pcs
Total Sales Price : …. –TL/USD
Payment Method: Credit Card/Bank Transfer (EFT) Delivery Person:
Phone number :
Delivery Address :
Person/Institution to be Invoiced:
Billing address :
Tax Administration :
Tax Registration Number:
Shipping Fee: … -TL/USD

In countries where the delivery address is outside of Turkey, the shipping cost and the extra expenses that may arise at the customs will be added separately.

 

 

Article 4- Contract Date and Force Majeure

The contract date is ../../…, which is the date the order was placed by the buyer. is historical.

Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.

 

 

Article 5- Rights and Obligations of the Seller

​ ​5.1. The Seller accepts and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts, except in cases of force majeure.

5.2. Persons under the age of 18 (eighteen) cannot shop from www.albatroas.com. The buyer undertakes that he is over 18 years old by shopping on the website. The Seller cannot be held responsible in any way for the actions of a user under the age of 18 by opening an account on www.a.com.

5.3. www.albatrosas.com is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. The buyer cannot claim from the seller based on system errors.

5.4. You can shop at www.albatrosas.com by credit card (Visa, MasterCard etc.) or bank transfer. Orders that are not transferred within 1 business day from the order date will be cancelled. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal check, which are made without contacting customer service, are not accepted.

5.5. For orders to be paid by bank transfer, there is a "payment notification form" that must be filled after each order. The payment notification form is a form stating that the buyer has paid the amount of the product(s) purchased to the seller, and it ensures that these transactions are carried out faster and more accurately before the seller. ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. cannot be held responsible in any way.

5.6   The technical specifications of the products ordered by the buyer are included in the technical documents of the manufacturer, www.albatrosas.com is not responsible for the errors and inaccuracies in the data provided by the manufacturer. The technical or visual information published on the www.albatrosas.com site is purely for the convenience of its customers, the conformity of the published data is entirely at the discretion of the buyer. Seller's prior notification does not imply warranty.

5.7   There may be color, size and text differences between the product shown in the image and the delivered product due to the web environment. The main criterion is the manufacturer's technical data for the product.

5.8   Technical data is updated by the manufacturers at certain time intervals. Although www.albatrosas.com follows these updates closely and uploads them to the site, it cannot guarantee 100% compatibility with the products in stock.

If www.albatrosas.com gives a direct link to a website, all responsibility for the content and use of the given link belongs to the user and the user is responsible for the use and content of the link. albatrosas.com has no responsibility.

5.9  All technical data and images on www.albatrosas.com are not used by the user for any reason or commercial purpose.

5.10  Orders placed on www.albatrosas.com outside of working hours, on weekends and public holidays, or on the dates when the whole or a part of the company is considered as administrative leave, will be processed within the first business day following the transfer of the payments to the accounts.

5.11 Therefore, the final product stock that can be purchased will not be the products added to the basket, but the products approved by the system during the order.

5.12   While shopping at www.albatrosas.com, there may be momentary fluctuations in prices due to changes in exchange rates. At this point, the final pricing is the prices that appear in the order confirmation mail.

5.13   There is the phrase “Obsolete” on the detail pages of some products on the website. This means that the relevant product will no longer be produced by the manufacturer and therefore may not be in continuity. ALBATROS Creative Engineering Industry and Trade. A.Ş. is not responsible for the accuracy of the information and any legal sanctions that may arise from this information, although it tries to put the most up-to-date versions of this information on its website. At this point, all responsibility belongs to the buyer.

5.14  There is a "Equivalent" option for some products on the website. Equivalent product means products with similar features or with the same features under a different brand that can replace the related product. ALBATROS Creative Engineering Industry and Trade. A.Ş. cannot guarantee the accuracy of the information, although it updates its product equivalents on its website according to technical data or feedback from manufacturers. The final decision in the equivalent research belongs to the maker and does not accept any legal sanctions that may arise due to errors.

5.15  There is a messaging module on the website. This module, ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. It has been prepared with the aim of providing faster and more effective service to its customers. By using this module, you can access your traffic on the website and the device, browser, location, etc. you use to enter the website. information ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. and you agree and undertake to share with Zopim Application Manager.

5.16  The technical data on www.albatrosas.com is provided by ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. compiled by But ALBATROS Kreatif Mühendislik Sanayi ve Tic. A.Ş. cannot give a 100% guarantee that these technical data refer to the products mentioned. Responsibility for the use of technical data is at the user's discretion.

5.17  The lower limit of orders that can be placed on www.albatrosas.com is 2 dollars excluding VAT. It is not possible to place an order on the website below this amount.

5.18   ALBATROS Kreatif Mühendislik Sanayi ve Tic. A.Ş. reserves the right to cancel and change all campaigns and promotions offered to its users through its websites without the need for any announcement.
Shipping fee is charged for all orders below 5.19  200 TL. This fee is the amount that the buyer will pay even if he has received his order from the seller's warehouse or branches himself, and is a fee that will be reflected on the invoice and will be collected from the buyer.
5.20 There is a “money point” application for purchases made on www.albatrosas.com and albatrosas.com websites. The percentage of the money points earned within the scope of this application and the terms of their use are completely determined by ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. It is at the initiative of ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. is at your discretion. There is no requirement to inform the buyers about these conditions.
5.21   The seller is not responsible for the “same day shipping for orders passed to 15:00” application in the sales made through the aforementioned websites, the current operational intensity or the failure of the order to be fulfilled depending on the number of items, as well as the cargo companies and other external factors. ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. cannot be held responsible.
5.22   Can find more than one pricing for a product on the website. This situation is related to the minimum number of packages of the material. A discount is applied at a rate determined by the seller for purchases above the minimum number of packages of a material.
5.23    www.Albatros.com websites work best with the Google Chrome web browser. The seller is not responsible for errors related to actions and impressions from other web browsers.

 

 

Article 6- Rights and Obligations of the Buyer

6.1. The buyer accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he/she has accepted the terms of the employment contract and will make the payment in accordance with the payment method specified in the contract.

6.3. The buyer, on the website www.albatrosas.comn.com, the name, title, full address, telephone and other access information of the seller, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has clear, understandable and appropriate information on the subject of the internet and confirms this preliminary information in electronic environment.

6.4. Pursuant to the previous article, the Buyer declares that he has read the order/payment/use procedure information of www.albatrosas.com, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and has given the necessary confirmation in electronic environment. .

6.5. If the buyer wishes to return the product he has purchased, he agrees and undertakes not to damage the product and its packaging, not to tear the banderole, not to destroy the product, not to have the product used in any way, not to have changed it with another product, and to return the original invoice and the waybill at the time of return.

6.6   After the product to be returned due to any defect is delivered to our company via a contracted cargo company, the product is subjected to technical inspection. In case the return of the product is accepted according to the conformity report given as a result of this examination, the buyer will be contacted to either exchange it with another existing product or a refund will be made. These processes take 3 to 15 days in total.

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Article 7- Order/Payment Procedure

Order: After the buyer's approval of the TL amount (total installment amounts in installment transactions) of the products added to the shopping cart, including VAT, it is processed over the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. No shipment can be made before the Order Confirmation e-mail is sent. Only the materials whose stock appears in the current stock can be ordered via www.albatrosas.com. All other stock data are for informational purposes only and are not available for sale on the system. You can call customer service, use the notify module or send an e-mail to albatros @ albatrosas.com to order products that are out of stock.

Minimum Order Quantity; Defines the smallest quantity of an item in current stock that can be sold. The purchases to be made on www.albatrosas.com are the Minimum Order Quantities and multiples of the products. No purchase can be made below the minimum order quantity or its multiples.

Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer by using one or more of the telephone/fax/e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to reach the seller's accounts. In case it is understood that the contractual goods cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the buyer is informed and approved immediately in a clear and understandable manner, another goods of equal quality and equivalent at the same price may be sent to the buyer, or in line with the buyer's desire and choice, a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be canceled by the buyer or seller.

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within ten days at the latest, and the contract is canceled. In such a case, the buyer will not claim any additional material and moral damages from the seller.

 

 

Payment:
At www.albatrosas.comn.com, customers who do not want to use their credit card information on the internet are offered the opportunity to order by cash transfer. In payment by wire transfer, the buyer can choose the bank most suitable for him and make the transfer. If EFT is made, the date of transfer to the account will be taken into account. When making wire transfer and/or EFT, the "Sender Information" must be the same as the Billing Information, the transfer order number must be written in the transfer explanation section at the bank, and the transfer amount and the "payable amount" must be exactly the same. Orders will be canceled if they are not made within 1 business day after the order is placed. For orders to be paid by bank transfer, there is a "payment notification form" that must be filled after each order. The payment notification form is a form stating that the buyer has paid the amount of the product(s) purchased to the seller, and it ensures that these transactions are carried out faster and more accurately before the seller. The "Paying Bank", "Paying Person", "Paid Amount" sections on this form must be filled in completely. ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. cannot be held responsible in any way.

When shopping on www.albatrosas.com, product prices are displayed in US Dollars on the product selection screen and in the basket. When the order is completed and the payment screen is displayed, it is calculated over the current American Dollar rate, converted into Turkish Lira and billed in Turkish Lira. After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, It is obligatory to send it to the Seller within the same day. In such cases, shipping costs belong to the Buyer.

If the Buyer has chosen to pay by credit card, the BUYER accepts that he will confirm the relevant interest rates and default interest information separately from his bank, and that the provisions on interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force, declares and undertakes.

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Article 8- Shipping/Delivery Procedure

Shipment:

With the sending of the order confirmation e-mail, the product/products are given to the courier company with which the seller has an agreement.
Delivery:

The product/products will be delivered to the address of the buyer with the cargo agreed by the seller. The delivery time is 30 days from the sending of the Order confirmation mail and the conclusion of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or by a permanent data carrier. Additional periods that may arise due to customs procedures for deliveries outside Turkey will also be added. The Buyer agrees that Albatros reserves the right to cancel the sale without stating any reason, depending on the delivery location. The products are sent to the regions where the cargo companies do not deliver to the address by telephone notice. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The buyer cannot impose any responsibility on the seller due to these sags. If the product is to be delivered to another person / organization from the Buyer, the buyer is responsible for the extra shipping costs and delays that may arise from the person / organization to be delivered not accepting the delivery, inaccuracy in the shipping information and / or the absence of the Buyer, and the seller is not responsible. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the e-mail address albatros @ albatrosas.com.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative thinks that the package is not damaged, the buyer has the right to open the package and have the products checked that the products were delivered undamaged and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package is not accepted and a report is kept, the situation should be reported to the Seller Customer Service as soon as possible with the copy of the report remaining in the Buyer.

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Article 9- Procedure for Product Return and Right of Withdrawal

Products purchased through www.albatrosas.com have the right of withdrawal or return under the following conditions.

9.1. Within the scope of the Law No. 6502 on the Protection of the Consumer, the buyer has the right to return the purchased product / products by using the right of withdrawal within 14 days after receiving them from the cargo company without specifying any conditions. In order to exercise the right of withdrawal, there is a "Cancellation and Return" option under the My Orders tab on the website. After clicking the Return option, the form that opens must be filled in completely. In this context, the product to be returned
During the delivery of the products to the seller, the buyer will not pay any shipping fee if it is done through the cargo company that the seller has a contract with.

The conditions under the return are as follows:

•  The "Return Form" in the My Account tab must be filled in completely.
•   The order of the cargo company must be made within 14 days at the latest from the delivery of the order to the buyer.
• In accordance with the general communiqué of the tax procedure law numbered 385, the product/products invoice must be filled out completely and signed and sent within 10 days as of the date of withdrawal, together with the delivery note, if any. (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
•  The original packaging and/or ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. Packages prepared by our company must not be opened or damaged in any way, and the banderol must not be torn or destroyed.
•  It is not possible to return the products (custom design) clearly prepared in line with the special needs of the customer.

9.2. If the above conditions are met, the product/products to be returned are ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. and, if necessary, the products are examined by the manufacturers and evaluated whether they are suitable for return. The duration of this process is 1-15 days. If the products are considered suitable for return, the price of the product is refunded to the buyer in the same way with whichever payment method the buyer has made the purchase. This is for a maximum of 10 days. Due to the delays in credit cards caused by the bank, ALBATROS Kreatif Mühendislik Sanayi ve Tic. Inc. is not responsible.
9.3. The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value or decrease in the value of the goods. If the seller thinks that the return of the goods sent by the buyer is impossible, he must notify the buyer of this situation within 3 days at the latest from the date of receipt of the goods.

9.4. In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the contract he has made with the Bank. In the event of a return transaction, the member workplace, namely the seller, will make the refund via the relevant software, and since the member workplace, the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the buyer cannot be paid in cash in accordance with the procedure detailed above. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank at once.

9.5. The provisions of the Turkish Commercial Code shall apply in matters related to defect, hidden defect or return in commercial works outside the scope of the law numbered 6502.

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Article 10-Warranty

www.albatrosas.com assists the buyer in initiating the warranty process within a period determined by the manufacturer only if the products purchased from their manufacturers have manufacturer's warranties that are transferable. At this point, the buyer should deliver the damaged/defective product to the seller. If it is understood that the imitation, imitation or non-original product is intended to be returned to its original place, it is free to take the actions required by the applicable laws. At this point, all responsibility belongs to the buyer. There is no concrete and positive guarantee application for the products supplied by www.albatrosas.com other than the Manufacturers. In this case, the warranty is entirely at the seller's discretion. www.albatrosas.com is not responsible for any demand that may arise under these conditions.
Seller's warranty liability
It is valid only for consumers who fall within the scope of Law No. 6502.
For commercial works, the provisions of the Turkish Commercial Code shall apply.

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Article 11- Confidentiality

The information provided by the buyer to the seller with the information specified in this contract will not be shared with third parties by the seller.

The seller will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. If the seller has the information requested from him within the scope of any forensic investigation with documented investigative capacity, he can provide it to the relevant authority. Credit Card information is never stored. Credit Card information is only securely transmitted to the relevant banks during the collection process and used for provisioning, and is deleted from the system after provision.

Information such as the buyer's e-mail address, postal address and telephone are only used by the seller for standard product delivery and notification procedures. In some periods, campaign information, information about new products, promotional information may be sent to the buyer after approval. In case of violation of the site's security or terms of use by the user, which will constitute a crime, the information of the person that will be useful for diagnosis and prosecution will be shared with the security forces.

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Article 12- Website Security

www.albatrosas.com uses one of the most advanced encryption systems, RapidSSL TLS 1.0. This is an encryption protocol that provides secure communication over a computer network. In order to use this protocol actively on your computer, you need a secure browser that supports the protocol. If you log in to the site from a secure browser, you will transfer your information to us in the safest way. However, it should not be forgotten that no data is 100% reliable in the internet environment. Your personal information is at your own risk at this point.

 

 

Article 13- Access to the Site, Protection of Account Information

In order to shop from www.albatrosas.com, the buyer must create a username and password. Only the shopper determines this username and password and is unique to that person. Username and password must be correct and complete. Both the user name and the password will be referred to as the identity of the buyer, and the security and confidentiality of this identity is the sole responsibility of the buyer. The buyer will be fully responsible for all kinds of activities that different people or institutions will do within the site with the buyer's identity information. Therefore, if the buyer realizes that anyone other than the buyer has logged into the site with the identity of the buyer, he should send an e-mail to albatros@albatrosas.com complaining about this situation. www.albatrosas.com reserves the right to monitor identity information and request it to be changed or deleted at its sole discretion. The recipient knows that no data on the Internet is 100 percent secure. Although www.albatrosas.com uses the most advanced security systems, it knows and accepts that there are risks related to the malicious use of information by third parties and that there is no responsibility attributable to Albatros.

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Article 14- Authorized Courts and Enforcement Offices in Case of Dispute

In case of dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the Seller's settlement are authorized up to the value announced by the Ministry of Industry and Trade in December each year. Istanbul Anatolian Courts and Execution Offices shall be authorized and responsible for commercial works that do not fall within the scope of the Law No. 6502 on the Protection of Consumers.

In the event that the order is fulfilled, the Buyer shall be deemed to have accepted all the terms of this contract. …/…/…

 

Seller:

 

Buyer:

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