IN THIS LINK, YOU HAVE TWO DIFFERENT CONTRACTS.
FIRST CONTRACT IS REGULATED ACCORDING TO THE CONSUMER LEGISLATION (DISTANCED SALES REGULATION) ONLY, APPLY ONLY FOR CONSUMERS.
THE SECOND CONTRACT IS USED FOR COMMERCIAL PURCHASES WHICH ARE NOT ABOUT CONSUMER PURCHASES.
HAVING BOTH OF THE CONTRACTS UNDER THE SAME LINK; DOESN'T PROVIDE THE RIGHTS AND AUTHORITIES IN THE FIRST AGREEMENT TO THE PERSONS DOING COMMERCIAL PURCHASES.
I - DISTANT SALES CONTRACT FOR CONSUMERS
1.Parties
1.1. Buyer:
Name/Surname: %%alici_isim%% (wil be named as “BUYER”)
Address: %%alici_adres%%
Invoice Address: %%alici_fatura_adresi%%
Phone: %%alici_tel%%
Date: %%tarih%%
1.2. Seller:
Title: FOTECH FİBER OPTİK TEKNOLOJİK HİZMETLER SAN. VE TİC. LTD. ŞTİ. (wil be named as “SELLER” or “FOTECH”)
Address: Ataşehir Bulvarı 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Ataşehir 34758 İstanbul / Türkiye
Phone: 0090 216 456 40 05
E-Mail: eticaret@fotech.com.tr
Mersis No: 0388004747800010
2. Subject of the Contract
The subject of this contract is the sale and delivery of the product / service specified by the BUYER from www.fotech.com.tr/en/, the qualifications and the sales price specified below The determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
3. Basic Features of the Product Subject to the Contract
The type and quantity of products / services and their type, quantity, brand / model, color, sales price (including unit prices) are as follows.
%%urunler%%
Total excl. VAT: %%kdv_haric_toplam%%
Discount Total: %%indirim_toplami%%
VAT: %%kdv%%
Cargo Price: %%kargo_tutari%%
Total incl. VAT: %%kdv_dahil_toplam%%
4. Payment Type: %%odeme_turu%%
4.1. In the above section, the total amount of orders to be delivered to your bank will be paid. Your bank can set up a number of installments by setting up campaigns, and you can offer services such as installments. Such campaigns are at your bank's discretion and are given information about campaigns on our pages if our company is aware of it. FOTECH's information and disclosures about the campaigns of banks cannot be interpreted as an obligation of FOTECH regarding these campaigns by banks.
4.2. Your order will be canceled by our system if you do not pay within 3 working days for your purchases via wire transfer. In this case, the responsibilities that will arise will belong to the customer. The order number must be entered in the description section when performing the transfer transaction. After making the transfer transaction, you can send the receipt sample of the transaction to eticaret@fotech.com.tr or https://www.fotech.com.tr/en/orders Please send a payment to your relevant order on the link.
4.3. On the other hand, due to the fact that term sales are made only by credit cards of banks; the buyer can confirm the interest related information from the bank. Pursuant to the provisions of the legislation in force, the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the Bank and the buyer.
4.4. %%ucretsiz_kargo_limiti%% The buyer can benefit from the free shipping opportunity for purchases of the free cargo limit or more. Orders are delivered within 10 days. For orders below this price, the shipping charge is paid by the PURCHASER. The shipping cost is 15 TL per piece. The expenses incurred by the buyer in the cargo company and / or the return of the cargo to the SELLER, belong to the BUYER.
5. General Information
5.1. BUYER, www.fotech.com.tr/en/, the basic characteristics of the product, the sale price, the right to withdraw, the protection of digital data and information about which software to work with the method of payment, and preliminary information form (https://www.fotech.com.tr/en/content/preliminary-information-form) prior to the establishment of the contract.
5.2. RECEIVER; by confirming this agreement on the internet, the address must be given to the consumer by the SELLER prior to the conclusion of the distance contracts, the basic features of the products ordered, the price including the taxes including the taxes, payment and delivery information is also obtained accurately and completely.
The SELLER notifies the BUYER of the buyer's order, without delay, through at least one of the means such as electronic mail, text message, telephone call, and fax.
5.3. The preliminary form (https://www.fotech.com.tr/en/content/preliminary-information-form) must be read and approved by the BUYER prior to the establishment of the contract of sale and payment obligation.
The ordering by the BUYER; this means that the product / service is subject to payment obligation.
5.4. All information and promises made to the BUYER regarding the product or service in this contract are exclusive to the order subject to this contract, and FOTECH is not under any obligation that the same conditions will apply to the subsequent orders. It is possible to make changes in product information and order conditions by FOTECH in future orders.
5.6. The product / service subject to the contract shall be delivered to the BUYER or the person / organization indicated at the address provided that it does not exceed the legal 30-day period.
5.7. If the product subject to the contract is to be delivered to another person / organization from the BUYER, the SELLER cannot be held liable for the delivery of the work / organization to be delivered.
5.8. In cases where it is decided that the assembly of the product will be performed by the SELLER or under the responsibility of the SELLER, it is the responsibility of the SELLER to perform the assembly of the product as required.
In contrast, the BUYER, which undertakes the assembly of the product and damages the product during the process, is responsible for the damage.
5.9. If the product is to be installed by the PURCHASER of the product, the assembly cannot be held responsible for the results resulting from the assembly if the product is improperly installed or if the product is damaged.
5:10. The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any. SELLER is free to repair the products under warranty.
5:11. The SELLER shall inform the BUYER in the event that it is understood that the goods or services which are subject to the contract cannot be provided for a justified reason, and may provide a different product at the quality and price equal to the BUYER before the expiry of the contractual obligation expires, if the Purchaser expressly gives consent. In case the BUYER does not accept the offer of the substitution product, any payment including the delivery costs incurred by the BUYER shall be returned to the BUYER at the latest within 14 (fourteen) days. In response to the BUYER's right to complain, the SELLER shall provide solutions under the provisions of this Agreement, the Law on Protection of Consumers No. 6502 and the Regulation on Distance Contracts.
5:12. For the delivery of the product subject to the contract, it is obligatory that this contract has been approved by the BUYER and that the price has been paid by the BUYER in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been liberated from the obligation to deliver the product.
5:13. After the delivery of the product, the credit card belonging to the BUYER is unreasonably or unlawfully used by unauthorized persons in a manner not caused by the BUYER's fault and if the bank or the financial institution does not pay the product price to the SELLER, the product shall be delivered to it in 3 days. must be sent to the SELLER. In this case, the transportation costs belong to the BUYER.
5:14. The SELLER is obliged to inform the PURCHASER of the situation within 3 days if the contractor cannot deliver the product due to extraordinary circumstances such as force majeure or transportation, and the transportation of the product. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent and / or postpone the delivery period until the preventive situation disappears. If the buyer cancels the order, the amount paid will be paid to him within 14 days. For the payments made by the credit card of the BUYER, the amount of the product is returned to the bank within 14 days after the cancellation of the order by the BUYER. Since this amount is related to the bank transaction process after the return of the amount to the bank, the SELLER cannot be held responsible for the late payments that can be made from the bank to the BUYER. The BUYER shall not be able to intervene in any way for possible delays and the SELLER shall have an average of 2 to 3 weeks on the account of being returned to the credit card by the bank.
5.15. SELLER, within the scope of this Agreement; The right to withdraw, information, delivery and other obligations related to each transaction will keep the information and document for three years.
6. Law No. 6698 on the Protection of Personal Data; the scope of this contract, the telephone-TC ID number-bank information-credit card information-identity card information and sample information of the BUYER and the address information by Fotech to be registered and to be transferred to 3rd parties and companies to make the relevant transactions information on the subject; He was asked to be clear whether the buyer had clear consent. The details of the Protection of Personal Data (https://www.fotech.com.tr/en/content/information-form-for-protection-of-personal-data) can be accessed from the link on the details. Therefore, the PURCHASER 6698 explicitly agrees to register the personal data specified in the data protection procedure of Fotech and the transfer of the relevant information to the 3rd parties and companies for technical service, installation or commercial transactions and sales related product transactions. Information on the Protection of Personal Data (https://www.fotech.com.tr/en/content/information-form-for-protection-of-personal-data) details can be found in the link above.
7. Right of Withdrawal
7.1. The PURCHASER has the right of withdrawal within 14 days of the delivery of the product subject to the contract to him / her or to the person / organization at the address indicated. The consumer may use his right of withdrawal within the period from the establishment of the contract to the delivery of the goods. The buyer must return the goods within 10 days from the date of notification of the right of withdrawal, otherwise the SELLER shall not be liable for the use of the right of withdrawal. After the delivery of the product to the customer, the product will be returned to the BUYER at the same time within 14 days from the date the product reaches the SELLER without any additional charges. The return of the returned product due to the use of the right of withdrawal is refunded by the SELLER in the event that the UPS is returned with the contracted UPS company. The CONSUMER will be liable for any damages or losses incurred in case of non-return of the goods.
7.2. PURCHASER may use the right of withdrawal from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods without taking any legal and criminal responsibility and without giving any reason or by signing the contract. The SELLER undertakes to carry out the necessary actions for the use of the right of withdrawal in case the preliminary notification is made by the preliminary information and the procedures determined in the contract.
If the right of withdrawal is duly used, the product price will be returned in the same way as the buyer's payment method. For example; When a BUYER, who has committed a transaction by credit card, duly uses the right of withdrawal, the product price shall be returned to the BUYER's credit card.
7.3. The right of withdrawal by the law is a recognized right to the consumer and the real and legal persons not included in the definition of consumer cannot benefit from the right of withdrawal based on the Law on the Protection of Consumers. In order to use the right of withdrawal, the SELLER must be notified by fax or e-mail within 14 days and the product has not been used in accordance with the provisions of Article 6. It is not possible to make a cancellation notice by telephone. The withdrawal form is in the form of the contract and is available on our website at the Form and Questionnaires (https://www.fotech.com.tr/en/download/forms-surveys).
7.4. The right of withdrawal is the date on which the contract is established in the contracts for service performance; In the contracts relating to the delivery of goods, the consumer or the third party determined by the consumer starts the day on which he receives the goods. However, the consumer can use his right of withdrawal from the establishment of the contract until the delivery of the goods.
7.5. In case of withdrawal, the BUYER shall carry out the refund in accordance with the procedure and form specified in this contract and shall not be borne by the SELLER in the event of a return of AL special courier, motorized courier and other Cay in such a way as to be abused by the BUYER. In this case, all expenses will be borne by the BUYER.
8. Determination of the period of rescission period
In determining the duration of the right of withdrawal;
a) On the day when the third party, determined by the consumer or the consumer, takes delivery of the final goods in the goods which are the sole order subject and are delivered separately;
b) on the day when the 3rd party determined by the consumer or the consumer, in the goods consisting of more than one part, receives the last part,
c) In the contracts where the goods are delivered regularly for a certain period of time, the day when the consumer or the consumer designated by the consumer receives the first goods.
9. Contact Information for Cancellation Notice
Withdrawal notice;
a. e-mail can be sent to eticaret@fotech.com.tr,
b. 0090 216 456 50 86 can be faxed.
c. sent by mail to the address: Ataşehir Bulvarı 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Ataşehir 34758 İstanbul / Türkiye.
The revocation statement should be open to prevent confusion with another process. Must include the contract number in the content. These declarations shall be deemed null and void, as it is not possible to process withdrawal notifications with or without a contract number. The withdrawal statement can also be used at the end of this text.
10. Prohibitions and Products
In the following, except for the exceptional conditions set out in the Consumer Law, the right to withdrawal in distant contracts, which is specified in the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, cannot be used.
a) Contracts relating to goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier,
b) Contracts related to the goods prepared according to the consumer's wishes or personal needs,
c) Contracts relating to health, hygiene and non-conformity agreements, such as packaging, tape, seal and package,
d) Contracts relating to goods which are mixed with other products after delivery and which cannot be separated due to their nature,
e) Contracts relating to books, digital content and computer supplies that are presented in material form after the delivery of the goods such as packaging, tape, seal, package, etc.
f) Contracted services in the electronic environment or contracts related to the immaterial goods delivered immediately to the consumer,
g) Contracts with respect to services initiated with the consent of the consumer before the right of withdrawal expires,
h) In case of alteration and deterioration due to not being used in accordance with the operation, technical specifications and instructions of use of the goods during the withdrawal period,
ı) Products which are not suitable for return by nature,
i) In the electronic products purchased; installation of sim cards, network connection with Wifi, installation, use of consumables, removal of protective tape, activation and user creation,
j) Legal persons and / or persons acting for commercial or professional purposes cannot benefit from the right to withdraw and the right of withdrawal.
The return of the following devices is subject to the condition that the product has been used within the period of cancellation and if it has not been used or has been used within the same period and in accordance with its operation, specifications and operating instructions. In case the above conditions are met, the fee of the shipments to be made outside of the cargo firm which we have contracted (UPS Cargo) will be paid by the consumer. Apart from these, the goods, such as packaging, tape, seal and package, have been opened after delivery; FOTECH will not accept refunds of books, digital content and computer consumables that are not eligible for health and hygiene, and material material.
In case the BUYER uses the right of withdrawal in accordance with the provisions of the Law no. The BUYER shall be returned to the SELLER within the period specified in the contract and the costs shall be returned to the SELLER.
11. Buyer's Default
In case of default of the BUYER; The BUYER agrees to pay the SELLER's loss and loss unless it proves that no defects can be attributed to him.
12. Appeal and Judicial Path
a) Since the necessary pre-information and negotiation has been done until the order confirmation, in case the order is approved, the BUYER is deemed to have accepted all the terms of this contract.
b) In the event that the BUYER uses the right of withdrawal within 14 days, the box of the products to be returned shall be delivered to the BUYER completely and undamaged with the standard accessories, if any.
Consumer may apply to Consumer Arbitration Boards or Consumer Courts depending on the amount of the dispute if there is a dispute regarding the complaint. Monetary limits relating to the arbitration and arbitration of consumer arbitration committees;
The value to be applied to the consumer arbitration committees for 2019:
• District Consumer Arbitration Committees in disputes with a value of 5.650 (five thousand six hundred and fifty) Turkish Liras in provinces with a metropolitan municipality status,
• Provincial Consumer Arbitration Committees in disputes between 5,650 (five thousand six hundred and fifty) Turkish Liras and 8,480 (eight thousand four hundred and eighty) Turkish Liras in provinces with metropolitan municipality status,
• Provincial Consumer Arbitration Committees in disputes under 8.480 (eight thousand four hundred and eighty) Turkish Liras in the centers of the provinces which do not have the status of metropolitan municipality and in the connected districts,
It is in charge. It is possible for the above monetary limits to be redefined by the Ministry of Trade and it is the responsibility of the Purchaser to confirm the monetary limits for the relevant year before applying.
For disputes over these values, application is made to the consumer courts, not to consumer arbitration committees. The competent authority is the consumer arbitration tribunal or consumer courts where the BUYER is located or where the consumer transaction takes place.
In the event that the order is realized, the PURCHASER shall be deemed to have accepted all the terms of this contract.
The withdrawal form is in the form of the contract and is available on our website at the Form and Questionnaires (https://www.fotech.com.tr/en/download/forms-surveys).
Form required to be used in the exercise of revocation
Withdrawal Form
(This form will only be filled out and sent when the right of withdrawal is requested to be used in the contract). The form under the link (https://www.fotech.com.tr/en/download/forms-surveys). must be filled in and FOTECH should be informed.
To Whom:
Title: Fotech Fiber Optik Teknolojik Hizmetler San. ve Tic. Ltd. Şti.
Address: Atasehir Bulvari 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Atasehir 34758 Istanbul / Turkiye
Fax No: 0090 216 456 50 86
E-Mail: eticaret@fotech.com.tr
I hereby declare that I have exercised my right of withdrawal from the contract for the sale of the following goods or the submission of services.
Order number:
Order date or delivery date:
Goods or services subject to the right of withdrawal:
The price of the goods or services subject to the right of withdrawal:
Consumer's name and surname:
Consumer's address:
Consumer signature: (Only if on paper)
Date:
II - COMMERCIAL PURCHASE-SALE AND SERVICE AGREEMENT
1.Parties
1.1. Buyer:
Name/Surname(Title):
Address:
Invoice Address:
Tax Office:
Tax Number:
Mersis No:
E-mail Address:
(if any) KEP:
E-mail Address:
Phone:
Date:
1.2. Seller:
Title: FOTECH FİBER OPTİK TEKNOLOJİK HİZMETLER SAN. VE TİC. LTD. ŞTİ. (will be named as “SELLER” or “FOTECH”)
Address: Ataşehir Bulvarı 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Ataşehir 34758 İstanbul / Türkiye
Phone: 0 216 456 40 05
E-Mail: eticaret@fotech.com.tr
Mersis No: 0388004747800010
This Agreement (“Agreement”) is concluded between, on the one hand, FOTECH (or Seller) acting as a service provider in accordance with the Law No. 6563 on the Regulation on Electronic Commerce, and the “Buyer” using website www.fotech.com.tr/en/ .
This contract is exclusively made by visiting the website (www.fotech.com.tr/en/) under the domain name www.fotech.com.tr/en/ (http://www.fotech.com.tr/en/). the legal entity is valid for the tradesmen and / or the transactions considered as commercial business.
The provisions in the Terms of Use and Membership Agreement (https://www.fotech.com.tr/en/content/conditions-of-use-membership-agreement); and “Contact Information” (https://www.fotech.com.tr/en/contact) on the website are valid for the Buyer unless they are contrary to the transactions subject to this contract.
“Terms of Use and Membership” this is also applicable to the Buyer unless it is contrary to the transactions subject to this contract. The Purchaser, as a prudent merchant, declares and accepts that the special provisions applicable to consumers (right of withdrawal, preliminary information form, etc.) arising from consumer legislation are not valid for him / herself and shall not in any way assert such issues.
2. Subject of the Convention
In relation to the sale and delivery of the product / service specified by the buyer from the address of the SELLER, www.fotech.com.tr/en/, http://www.fotech.com.tr/en/ Determination of the rights and obligations of the parties in accordance with the provisions of the Commercial Code (TCC).
In accordance with the Terms of Use / Membership Agreement of the Website and this Agreement, the BUYER shall deliver the product order or service request to the SELLER by the BUYER; declares, accepts and undertakes that you accept all the terms and conditions of the Agreement on the website.
3. Basic Features of the Product Subject to the Contract
Type and Type of Products / Service, Brand / Model is as follows.
%%ürünler%%
BUYER, the Web Site, but maximum 9999.999 TL. and / or request service. Orders made to exceed this amount shall not be accepted and processed by Fotech.
For such orders the BUYER must contact the SELLER directly.
4. Payment Method: %%odeme_turu%%
4.1. By issuing the campaigns of the BUYER's Bank, installment can be made on the number of the selected installments, and services such as installments may be offered. Such campaigns are at the discretion of the BUYER's bank and are provided with information on campaigns on our pages if Fotech is involved. FOTECH's information and disclosures about the campaigns of banks cannot be interpreted as an obligation of FOTECH regarding these campaigns by banks.
4.2. If the order is not paid within 3 days, the buyer's order will be canceled by the Web Site system. In this case, the responsibilities will be borne by the BUYER. The order number must be entered in the description section when performing the transfer transaction. After making the transfer transaction, you can send the receipt sample of the transaction to eticaret@fotech.com.tr or https://www.fotech.com.tr/en/orders Please send a payment to your relevant order on the link.
4.3. On the other hand, due to the fact that term sales are made only by credit cards of banks; the buyer can also confirm the information regarding the default interest from the bank. Pursuant to the provisions of the legislation in force, the provisions on interest and default interest shall be applied within the scope of the credit card agreement between the Bank and the BUYER.
4.4. The expenses incurred by the BUYER in the cargo company and / or the return of the cargo to the SELLER shall be borne by the Buyer.
4.5. The PURCHASER shall be liable for the stamp duty and any other kind of picture, tax and fee paid from the contract and the implementation of this contract.
5. Delivery
5.1. For the SELLER to be bound by the Contract upon the order of the BUYER and for delivery; This contract must be approved in electronic environment and the purchase price has to be paid by the BUYER in the form of payment preferred. If for any reason the product / service fee is not paid or canceled in the bank records, the SELLER shall be deemed to be freed from the obligation to deliver the product.
5.2. Delivery time is 30 days from the date of payment. The SELLER shall immediately inform the Purchaser's e-mail address of the delay in the delivery. If the products cannot be delivered by the SELLER within the relevant time period; The SELLER shall return the payment to the BUYER. Depending on whether the products are imported and if they are in the stocks of the SELLER; The Purchaser may not make any indemnity, loss, loss of profit, indirect and direct damages due to the delay or delays of delivery.
5.3. The place of delivery of the products is the person to be received by the cargo company or the BUYER.
5.4. BUYER, after ordering; SENDER shall accept and accept that SELLER shall make sure that the SELLER has sent him / her the confirmation via electronic communication device.
5.5. With the delivery of the product; The BUYER must check the spare parts and accessories, if any, in the cargo package. The BUYER shall be notified of such matters within 2 days of delivery; otherwise the SELLER shall not be liable to meet the BUYER's demands.
6. Defective Product:
BUYER, in accordance with the provisions of the Turkish Commercial Code, the product is defective, the delivery within 2 days clearly when the delivery should notify the SELLER. If it is not clear, the BUYER is obliged to notify the SELLER within this period of time to protect the rights if the BUYER inspects or inspects the product within 8 days and it appears to be defective as a result of this examination.
The return of the products received by the BUYER, except the defective products notified in accordance with the duly received, but with the approval of the SELLER, customer satisfaction is realized as a NEED. The discretion given here does not give the buyer any vested interest.
The products accepted as refund are only possible if the invoice is cut and delivered to the BUYER. Otherwise the operation will not be performed.
The return of the products issued on behalf of the legal entity shall not be completed unless the REFUND INVOICE is withdrawn.
7. Warranty
7.1. In the event of a product malfunction within the warranty period, the BUYER must immediately notify the SELLER in writing (within 24 hours) and send the product to the Technical Service of the SELLER at the specified address. The product which is tried to be repaired by the BUYER without being sent to the SELLER shall not be considered within the scope of the warranty. The SELLER is free to repair the Products under warranty.
7.2. In case of faults which may occur due to user errors, accidental or force majeure conditions, the service shall be provided for a fee determined by the SELLER if the repair is possible.
8. Force Majeure
None of the parties directly or indirectly natural disasters, acts of civil or military authorities, internal confusion, war, strikes, fire and so on. In case of failure to perform any provision of this contract due to force majeure such services shall not be held liable for failure of the service.
9. Dispute Resolution
The interpretation of this contract and the resolution of any disputes arising from matters in connection with this agreement, and this agreement is subject to the Republic of Turkey Act, the resolution of disputes, exclusively Istanbul Anatolian Commercial Courts and Enforcement Offices are authorized.
BUYER, from the implementation of this Agreement, due to all matters related to the contract with the SELLER in any dispute between; It accepts and declares that the commercial books and records of the SELLER, electronic information and documents shall be used as evidence.
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