PRELIMINARY FORM FOR CONSUMERS
1.Parties
1.1. Buyer:
Name / Surname: %%alici_isim%% (hereinafter referred to as BUYER)
Address: %%alici_adres%%
Billing Address: %%alici_fatura_adresi%%
Phone: %%alici_tel%%
Date: %%tarih%%
1.2. Seller:
Title: FOTECH FIBER OPTİK TEKNOLOJİK HİZMETLER SAN. ve TİC. LTD. Sti. (hereinafter referred to 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. Main features of the product subject to the contract
2.1. The type / quantity of the product and the type, quantity, brand / model, color, including taxes, sales price (units x unit price) is as follows.
%%urunler%%
Total Excluding VAT: %%kdv_haric_toplam%%
Discount Total: %%indirim_toplami%%
VAT: %%kdv%%
Shipping Amount: %%kargo_tutari%%
VAT Included Total: %%kdv_dahil_toplam%%
2.2. Payment Method: %%odeme_turu%%
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 provided with information on campaigns on our pages if they are within the knowledge of FOTECH. FOTECH's website including information and explanations about the campaigns of banks cannot be interpreted as an obligation of FOTECH regarding the campaigns organized by banks.
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.
2.3. On the other hand, due to the fact that term sales are made only by credit cards of banks; the buyer may also confirm the interest-related information from the bank. Pursuant to the provisions of the legislation in force, provisions concerning interest and default interest shall be applied within the scope of the credit card agreement between the Bank and the buyer.
2.4. %%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.
3. Subject
The subject of this preliminary information text is the buyer's order on the internet at www.fotech.com.tr/en/ (http://www.fotech.com.tr/en/) In accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts related to the sale / issue, it is related to informing the consumer prior to the establishment of the sales contract.
4. General Information
4.1. By accepting this text online, BUYER completely accepts, prior to the conclusion of the Distant Sales and Commercial Purchase Contract (https://www.fotech.com.tr/en/content/distant-sales-and-commercial-purchase-contract) address that will be used by SELLER to deliver to BUYER, the basic features of the ordered products / services, complete price of the products, including taxes, payment and delivery information.
The preliminary information form should be read and approved by the PURCHASER prior to the establishment of the sales contract and the payment obligation.
The ordering by the BUYER; this means that the product / service is subject to payment obligation.
4.2. All information and promises made to the BUYER regarding the product or service in this form are specific to the order subject to this Information Form and it is possible to make changes in the product information and order conditions by FOTECH in future orders. 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.
4.3. 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 person / organization to be delivered will not accept the delivery.
4.4. 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 installation 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.
4.5. 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.
4.6. 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.
4.7. The SELLER informs the BUYER if it is understood that the goods or services subject to the contract cannot be supplied for a justified reason. In the event that the BUYER gives its approval, it may supply a different product at the same quality and price as the BUYER before the expiration of the contractual performance of the contract expires. ) will be returned to the BUYER within 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.
4.8. 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.
4.9. After the delivery of the product, the credit card belonging to the BUYER is unfairly or unlawfully used by unauthorized persons in a manner not caused by the BUYER's fault and if the bank or the financial institution fails to pay the product price to the SELLER, must be sent to the SELLER. In this case, the transportation costs belong to the BUYER.
4.10. SELLER is obliged to inform the BUYER if the seller fails to deliver the product subject to the contract due to extraordinary circumstances such as force majeure or air transport which prevents the transportation. 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.
4.11. Before signing the cargo log, please open the box of your product (FOTECH or manufacturer's carton) with the cargo officer to check the brand, model and quantity of the products / products in the invoice, and check for any damage or problems. If there is any damage or deficiency for any reason, please return the box with the request to be kept to the cargo officer without signing any documents related to the delivery. If you fulfill this obligation, your new products will be sent to you immediately. We have no responsibility for any damage or deficiency of the products in case of receipt of the products whose box or itself is damaged and whose contents are claimed to be incomplete. This situation as soon as possible; eticaret@fotech.com.tr Please write to our address in writing with your order number.
4.12. On the FOTECH website, unless specifically stated, sales are not made with unreasonable figures (eg, the sale of the product with a market price of 2000 TL to 20/200 TL). Orders for products with such incorrect pricing due to human / technical errors will be canceled after the information to be made and returned if there is a price paid.
4.13. In accordance with the Law No. 6698 on the Protection of Personal Data, the telephone-TC identification number-bank information-credit card information-identity card information and sample information of the BUYER and the address information of the BUYER are recorded by FOTECH and the third party has been notified by the PURCHASER that his transfer has been authorized; He was asked to be clear whether the buyer had clear consent. The details of the Information Form for 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. For this reason, the PURCHASER 6698 explicitly agrees that the personal data specified in the Data Protection Act, as per the above mentioned transactions, shall be registered by FOTECH and the related information shall be transferred to the third parties and companies for the technical service, installation or commercial transactions and the related transactions.
4.14. FOTECH, in accordance with this form and related contract; will keep the information and document for three years about the right to withdraw, information, delivery and other obligations related to each transaction.
5. Right of Withdrawal
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 BUYER shall be liable for any damages incurred in the event of non-return of the goods. 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. 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 exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within a period of 14 days and the product complies with the provisions of Article 6. It is not possible to make a cancellation notice by telephone. 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. In case of withdrawal, the BUYER shall perform the refund in accordance with the procedure and form specified in the contract signed with him and the expenses shall not be borne by the SELLER in the event of a üy special courier, motorized courier and other Form return by the BUYER in a manner that would be an abuse of the right. In this case, all expenses will be borne by the BUYER.
5.1. Determination of the period of withdrawal
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.
5.2. Contact Information for Cancellation Notice
Withdrawal notice;
a. E-mail can be sent to eticaret@fotech.com.tr,
b. 0090 0216 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 withdrawal statement should be open to prevent confusion with another process. Must include the order 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.
6. Procedures and Products that cannot be used;
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; In case of installation of sim card, establishment of network connection with Wifi, installation, use of consumables, removal of protective bands, activation and creation of users, j) Legal persons and / or persons acting for commercial or professional purposes are entitled to withdrawal right and withdrawal right. cannot benefit from any right.
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.
PRODUCTS WILL NOT BE RECEIVED
Custom-made devices for the customer
Custom made project boxes
Products that are not in compliance with the operation, specifications and operating instructions during the withdrawal period
Products with missing accessories
Damaged product box (Original box lost or damaged)
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 in a timely manner according to the contract and the costs shall be returned to the SELLER.
7. 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 has the right of withdrawal within 14 days, the box of the products to be returned within 10 days shall be delivered to the BUYER in full and undamaged with the standard accessories, if any.
In case of a dispute regarding the complaint, the consumer may apply to Consumer Arbitration Boards or Consumer Courts depending on the amount of dispute. 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 pre-information and contractual text. 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 TO BE FILLED IN THE USE OF WITHDRAWAL RIGHT
WITHDRAWAL FORM
(This form will only be filled out and sent when the right of withdrawal is requested to be used in the contract.) On our website, FORM AND QUESTIONS must be filled in.
To whom:
Title: FOTECH Fiber Optik Teknolojik Hizmetler San. and Tic. Ltd. Sti.
Address: Atasehir Bulvari 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Atasehir 34758 Istanbul / Turkiye
Fax Number: 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’s signature: (Only if sent on paper)
Date:
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