Article 1 – PARTIES TO THE CONTRACT
This Agreement;
One Party:
SELLER: Netonik (Ali Rıdvan ÇAY VAT: 2320960407)
Address: İhsaniye Mah. Kazım Karabekir Cad. No: 48 İç Kapı No: 26 Selçuklu/Konya
Other Party:
BUYER: End User (Customer)
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 the Application Principles and Procedures of Distance Contracts in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the products whose content and sales price are specified in Articles 1.3 and 1.4 of the contract, which the BUYER ordered electronically from the SELLER’s https://netonik.com/ website. BUYER, basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc. accepts and declares that he / she has information about all preliminary information about the product subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this contract. The preliminary information and invoice on the https://netonik.com/ site are integral parts of this contract. As soon as the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF EXECUTION OF THE CONTRACT AND DELIVERY METHOD
The product will be delivered to the person who placed the order in the https://netonik.com/ member list by the cargo company official at the cargo address requested by the BUYER.
Article 4: DELIVERY COSTS AND EXECUTION
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee of those who shop above the announced figure will be covered by the SELLER, the delivery cost belongs to the SELLER. Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. For this reason, any damage caused by the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the seller also belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER`s account. The SELLER delivers the product within 30 (Thirty) days from the order and reserves the right to extend the time for an additional 10 (ten) days with written notification within this period. If the SELLER cannot deliver the product subject to the contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
Article 5: BUYER’S DECLARATIONS AND COMMITMENTS
The BUYER shall inspect the product subject to the contract before receiving the product subject to the contract, dents, broken, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The delivered product shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the SELLER. After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the credit card belonging to the BUYER by unauthorized persons in a way that is not caused by the BUYER’s fault, the BUYER is obliged to send the product to the SELLER within 3 (three) days, provided that it has been delivered to him. In this case, delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and the person present at the time of delivery at this address shall be deemed to be a delivery made to the BUYER.
Article 6: SELLER’S DECLARATIONS AND COMMITMENTS
The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person / organization to accept delivery. The SELLER undertakes that the BUYER has the right to withdraw from the contract by refusing the product within 7 (seven) days from the date of receipt of the product or signing of the contract without any legal and criminal liability and without any justification and to take back the product from the date of receipt of the withdrawal notification to the seller or provider. The seller shall return the product price and, if any, the negotiable instruments within 7 (seven) days after the withdrawal declaration reaches him. It takes back the product within 7 (seven) days. The Seller may, for justified reasons, supply the product of equal quality and price to the BUYER before the performance period in the contract expires. If the seller thinks that the delivery of the product is impossible, it notifies the BUYER before the contract expires. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 7 (seven) days. Products that are defective or defective from the products sold with or without a warranty certificate can be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be covered by the Seller.
Article 7: CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT
The Type and Type of Product, Quantity, Brand / Model, Color and Sales Price Including All Taxes are as stated in the information on the product introduction page on the website https://netonik.com/ and in the invoice, which is considered an integral part of this contract. The SELLER is not responsible for price update errors caused by technical reasons.
Article 8: PRICE OF THE PRODUCT
The cash price of the product is available in the product details and invoice content.
Article 9: TERM PRICE
The price of the product according to the maturity made to the sales price of the product is available in the product details and invoice content.
Article 10: INTEREST
In the event that the Buyer purchases by credit card and in installments, the interest to be applied according to the number of installments will be clearly published in the “payment options” in each product detail. The BUYER shall be liable to the bank it works with in accordance with Article 12.
Article 11: Down Payment Amount
The down payment amount of the product is available in the product detail and invoice content.
Article 12: PAYMENT PLAN
The BUYER accepts, declares and undertakes that the BUYER will confirm the relevant interest rates and default interest information from the bank separately, and that the provisions regarding 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. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.
Article 13: RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. In order to exercise the right of withdrawal, the Seller must be notified by fax, e-mail or telephone within the same period and the product must not be used within the framework of the provisions of Article 14 and in accordance with the preliminary information accepted by the BUYER on the https://netonik.com/ website, which is an integral part of this contract. If this right is exercised, the original invoice for the product delivered to the 3rd person or the BUYER must be returned. Within 7 (seven) days following the receipt of the notice regarding the right of withdrawal, the product price is returned to the BUYER and the product is returned within 7 (seven) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller.
Article 14: PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE USED
Products that cannot be returned due to their nature are perishable and expired products; disposable products; all kinds of software and programs that can be copied. In addition, all kinds of software and programs, media products (DVD, DIVX, VCD, CD, CD, MD, BLUE-RAY, etc.), computer and consumables (toner, cartridge, ribbon, etc.), cosmetic products must be unopened, intact and unused in order to be returned within the framework of the right of withdrawal.
Article 15: default and legal consequences
If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and attorney fees from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER agrees to pay the damage and loss of the SELLER due to the delayed performance of the debt.
Article 16: JURISDICTIONAL COURT
In disputes that may arise from this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts in the settlements of the SELLER and Civil Courts of First Instance in places where there is no consumer court are authorized.
Article 17: ENFORCEMENT
In case of payment of the order placed through the site, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the order cannot be placed without confirmation that the contract in question has been read and accepted by the BUYER on the site. In the event that this text cannot be temporarily displayed for technical reasons, the SELLER is obliged to read this agreement and to know that he accepts it when he makes the order payment.
Title: Netonik (Ali Rıdvan ÇAY VAT: 2320960407)
Address: İhsaniye Mah. Kazım Karabekir Cad. No: 48 İç Kapı No: 26 Selçuklu/Konya
Email: [email protected]