WARNING In accordance with applicable law, please print and read the following agreement in 12-point bold font. Furthermore, every customer who registers and makes a purchase on our website is deemed to have read and accepted all the terms of our sales agreement, which we have prepared, without further notice.
This contract has been drawn up in accordance with the Regulation on the Application Procedures and Principles of Distance Contracts published in the Official Gazette dated 13.06.2003 and numbered 25137, and is as follows in its articles.
ARTICLE 1 - SUBJECT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 - Regulation on the Application Principles and Procedures of Distance Contracts, in relation to the sale and delivery of the product, the characteristics and sales price of which are specified below, which the SELLER sells to the BUYER.
ARTICLE 2 – PARTIES
2.1 - SELLER INFORMATION
Title : TEMİZSOY FURNITURE AND DECORATION MANUFACTURING INDUSTRY AND TRADE LIMITED COMPANY
Address : ORGANIZED INDUSTRIAL ZONE 24 STREET. FERMINA NO: 86 HACILAR / KAYSERI
Telephone : 0352 322 06 91
E-mail : info@ferminamobilya.com.tr
2.2 - BUYER INFORMATION
The address and contact information provided by the customer when registering with the site will be taken into consideration. SELLER accepts no responsibility for members entering incorrect information.
ARTICLE 3 - PRODUCT INFORMATION SUBJECT TO THE CONTRACT
The type, quantity, brand/model, colour, number, sales price and payment method of the Goods/Product/Service consist of the information at the time the order is finalised.
ARTICLE 4 - GENERAL PROVISIONS
4.1 - The BUYER declares that he/she has read and is aware of the basic characteristics, sales price, payment method and all preliminary information regarding delivery of the product or products subject to the contract specified in article 3 and has given the necessary confirmation electronically.
4.2 - The product(s) subject to the contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's residence, provided that the legal 30-day period does not exceed the delivery time. This period may be extended by a maximum of 10 days, provided that the BUYER is notified in advance.
4.3 - If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.4 - The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.5 - For the delivery of the contracted product, a signed copy of this contract must be delivered to the SELLER and the payment must be made using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
4.6 - If the relevant bank or financial institution fails to pay the price of the product to the SELLER after delivery of the product due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.
4.7 - If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be paid in cash and in one lump sum within 10 days.
4.8 – Many products offered by SELLER are under warranty by the manufacturer or importer. Replacement procedures are handled by the warranty company, and SELLER handles all tracking, ensuring the swift return of the product to the customer. Products sold with a warranty certificate that are defective or broken can be returned to SELLER for necessary repairs under warranty conditions. In this case, the shipping costs will be covered by SELLER.
4.9 - This contract becomes valid after it is signed by the BUYER and delivered to the SELLER by fax or mail.
4.10-There may be changes in tone in our products due to the water path directions in their fabrics. Our institution is not responsible for returns arising from this situation.
Shade changes due to white/yellow lighting may cause colors to lighten or darken depending on the energy level emitted by the light. Our company is not responsible for this, and returns and exchanges are not accepted.
It is mandatory to comply with the product installation diagram and user manual. Otherwise, our company will not accept any liability, returns, or exchanges.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within seven (7) days from the delivery of the contractual product to the BUYER or to the person/organization at the address provided, without giving any reason and without assuming any criminal liability. To exercise the right of withdrawal, the SELLER must be notified by fax, e-mail, or telephone within this period, and the product must not have been used in accordance with the provisions of the relevant article. In case of exercise of this right, a copy of the cargo delivery report stating that the product delivered to a third party or the BUYER was sent to the SELLER, along with the original invoice, must be returned. The product price will be refunded to the BUYER within ten (10) days following the receipt of these documents. If the original invoice is not returned, VAT and any other legal obligations cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the BUYER.
The exercise of the right of withdrawal is subject to the condition that the packaging of the product is unopened, undamaged and the product has not been used.
There may be changes in tone in our products due to the water path directions in their fabrics. Our company is not responsible for returns arising from this situation.
It is mandatory to comply with the product installation diagram and user manual. Otherwise, our company will not accept any liability, returns, or exchanges.
In addition, the consumer cannot exercise his right of withdrawal for goods that are produced in accordance with the consumer's special wishes and demands or that have been personalized by making changes or additions.
If payment is made by credit card or similar payment method, the consumer may request that the payment be canceled on the grounds that the card was used without their consent or in an unlawful manner. In this case, the card issuer will refund the payment amount to the consumer within 10 days of receiving notification of the objection.
ARTICLE 6 - SITE GENERAL PROVISIONS
6.1 – Minors under the age of eighteen cannot shop. These individuals may only purchase the product they desire through their guardian.
6.2 - If our customers meet the return conditions, the price of the goods sold will be refunded in full.
6.3 - Our website offers a wide range of products. SELLER operates out of stock on some products and, upon order, procures these products from suppliers and offers them to you. Product stock status is constantly monitored and updated on our website. However, from time to time, situations may arise where a product is out of stock at the time of your order or is unavailable for various reasons. SELLER will make every effort to supply the products you request. If it is still unavailable, SELLER will notify you by email or phone and will act according to your request, such as "sending only the supplied products" or "cancelling the order entirely." If only the supplied products are requested, the price of the unavailable product(s) will be refunded. If the order is cancelled entirely, the full payment will be refunded to the buyer. Refunds will be made in the form of a refund for credit card purchases or the return of the money order. In either case, any bank charges will be covered by SELLER. This mutual understanding is a product of SELLER's customer satisfaction and quality policy.
6.4 - The product information on this site has been prepared by conducting extensive research, consulting experts, and researching relevant resources. The product information provided here is for informational purposes only. SELLER is not responsible for any problems or issues that may arise from the information provided here.
6.5 - Our products can only be sold via the internet. SELLER may temporarily or completely suspend shopping traffic without notifying its members.
ARTICLE 7 – COMPETENT COURT AND LAW
7.1 – If either party fails to perform its obligations under this agreement, the provisions regarding the debtor's default will apply. In the event of default, if either party fails to perform its obligations within the specified time without justifiable cause, the other party will grant the non-performing party a seven-day period to perform the obligation. If the obligation is not fulfilled within this period, the non-performing party will be considered in default, and the creditor has the right to demand the delivery of the goods and/or termination of the contract and the refund of the price.
In accordance with the final paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered goods or services (the inability to supply the product from the supplier company at all), the SELLER undertakes to notify the consumer of this situation before the expiration of the contractual performance obligation. In this case, the SELLER reserves the right to terminate the contract immediately and undertakes to return the price of the product ordered by the customer and any documents that bind the customer to the obligation.
7.2 - In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the SELLER's place of residence are authorized up to the value declared by the Ministry of Industry and Trade.
Applications are made to the arbitration committee in the place where the consumer purchased the goods or services or where the consumer resides.
If the value of the goods or services you purchased and that are the subject of your complaint is below 1,191.52 TL as of January 1, 2013, you must apply to the Consumer Problems Arbitration Board for resolution of the issue. In this case, the arbitration board's decision is binding.
If the seller or supplier does not comply with the decision of the arbitration committee in your favor, you can apply to the Enforcement Directorate.
If the arbitration panel's decision is against you, you may appeal to the Consumer Court within 15 (fifteen) days. The decision of the Consumer Court that hears your appeal is final.
If the value of the goods or services in question is above 1,191.52 TL and below 3,110.58 TL, an application can be made to the Arbitration Committees or to the Consumer Courts.
However, in this case, the Arbitration Panel's decision serves as evidence and is not binding. If the other party fails to comply with the panel's decision in your favor, you will need to apply to the Consumer Court.
If the value of the goods or services in question is above ... TL, you must apply directly to the Consumer Courts or the Provincial Consumer Problems Arbitration Board.
7.3 – If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.
