Distance Sales Contract

Article 1 - Parties
1.1. Seller

Trade Name: Sofa Fontana

Address: Gumusoluk mah. Kurusari cluster houses No:51 pursaklar / ANKARA

Phone: +90 533 300 29 05

Email address: info@sofafontana.com

Product return address: Gümüşoluk mah. Kurusarı cluster houses No: 51 pursaklar / ANKARA

1.2. Buyer
Name – Surname/TR ID Number
Address
Telephone
Email

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 Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically (e-commerce) from the sofafontana.com website belonging to the SELLER.

The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and internet-friendly manner (on the sofafontana.com website) about the seller's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he /she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.

The preliminary information on the sofafontana.com website and the invoice issued upon the order placed by the buyer are integral parts of this contract.

Article 3 - Contractual Product/Payment/Delivery Information

The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee are as follows. The person to be invoiced must be the same as the person making the contract. The information below must be accurate and complete. The buyer agrees to fully cover any damages that may arise from the inaccuracy or incompleteness of this information. In addition, the buyer accepts all liability that may arise from this situation.

SELLER reserves the right to stop the order when deemed necessary and if the information provided by the BUYER does not match the truth. If SELLER detects a problem with the order and cannot reach the BUYER via the phone, e-mail and postal addresses provided by the BUYER, it will freeze the execution of the order for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.

Product/Products Purchased
Payment Method: Credit Card / Bank Transfer (EFT) / Cash on Delivery
Person to be Delivered:
Phone number:

Article 4 - Contract Date and Force Majeure

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

Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.

During the continuation of force majeure, the parties will not be held 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 fully perform the obligations assigned to it in the contract, except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.

5.2. Persons under the age of 18 (eighteen) cannot shop from sofafontana.com . The seller will assume that the age stated by the buyer in the contract is correct. However, the seller will not be held responsible in any way if the buyer writes his/her age incorrectly.

5.2. sofafontana.com is not responsible for price errors that occur due to system errors. Accordingly, the seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The buyer cannot claim rights from the seller based on system errors.

5.3. You can shop at sofafontana.com by credit card (Visa, MasterCard, etc.), cash on delivery or bank transfer. Orders for which the transfer is not made within 3 (three) business days from the date of order will be cancelled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer (EFT) reaches the bank accounts.

Article 6 - Rights and Obligations of the Buyer

6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.

6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract.

6.3. The Buyer accepts and declares that he/she has received information from the sofafontana.com website in a clear, understandable and internet-friendly manner about the seller's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically.

6.4. Subject to the previous article, the Buyer declares that he/she has read and is informed about the sofafontana.com order/payment/usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.

6.5. In case the Buyer wishes to return the purchased product, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.

Article 7 - Order/Payment Procedure

Order:

After the VAT-inclusive TL amount of the products added to the shopping cart is approved by the buyer, credit card payments are processed via PayTR Virtual Pos. Before the orders are shipped, an e-mail is sent to the customer stating that the order is prepared. Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact their bank. The time the orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller's accounts.

Exceptionally, if it is understood that the goods subject to the contract cannot be supplied due to a justified reason and/or a stock problem is encountered, if the buyer is informed immediately in a clear and understandable manner and gives his/her approval, another good of equal quality and price can be sent to the buyer or, in line with the buyer's wish and choice, another new product can be sent, it can be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order can be cancelled.

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer will be informed of this situation, the total amount paid and any documents that put him under debt will be returned to him within fourteen days at the latest, and the contract will be cancelled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.

Payment:

At sofafontana.com , cash on delivery or money order options are offered to buyers who do not want to use their credit card information on the internet. In money order payment, the buyer can transfer the money to sofafontana.com Türkiye Garanti Bankası account. If EFT is made, the date of transfer to the account will be taken into account. When making a money order and/or EFT, the “Sender Information” must be the same as the Invoice Information and the order number must be written.

If the relevant bank or financial institution does not pay the price of the product to the Seller 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 after the delivery of the product, the Buyer is required to send the product delivered to him to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer.

Article 8 - Shipping/Delivery Procedure

Shipping:

Once the order confirmation email is sent, the product/products are delivered to the cargo company that the seller has a contract with. sofafontana.com's contracted cargo company is MNG Cargo.

Delivery:

The product/products will be delivered to the recipient's address via MNG Cargo, which sofafontana.com has an agreement with. The delivery period is a maximum of 7 business days from the date the order confirmation e-mail is sent and the contract is established. This period may be extended for a maximum of ten days, provided that the recipient is notified in writing or via a permanent data carrier in advance.

Products are sent to areas where cargo companies do not deliver to addresses with a phone notification.

In regions where the cargo company delivers once a week, in cases of inaccuracies or omissions in the shipping information, in some social events and natural disasters, there may be a delay in the specified day period. The buyer cannot impose any liability on the seller due to these delays.

If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any extra shipping costs that may arise due to the person/organization not accepting the delivery, incorrect shipping information and/or the Buyer not being at the location.

If the product/products have not reached the customer within the specified days, delivery problems must be reported immediately to customer services using the e-mail address info@sofafontana.com .

In case of damaged packages; damaged packages should not be accepted and a report should be prepared by the Cargo Company representative. If the Cargo Company representative is of the opinion that the package is not damaged, the buyer has the right to open the package there, check that the products were delivered without damage and request that the situation be recorded in a report. Once the package is accepted by the Buyer, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that remains with the Buyer.

Article 9 - Procedure for Product Return and Right of Withdrawal

Product Returns:

The buyer has the right to withdraw from the contract within fourteen days after receiving the goods without giving any reason and without paying any penalty.

In order to carry out the return procedures in accordance with the general circular of the tax procedure law numbered 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign them and send one copy to the seller together with the product and keep the other copy in his/her possession.

The right of withdrawal period starts from the day the goods are delivered to the buyer. If the reason for returning the returned product or products is arbitrary, the cost must be covered by the buyer. However, if there is a faulty product caused by the Seller, the cost must be covered by the Seller.

There is no right of withdrawal for goods that are prepared in accordance with the buyer's wishes and/or clearly in line with his personal needs.

If the buyer exercises his right of withdrawal, the seller will refund the total price received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller together with the product, without charging any cost to the consumer.

The decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the right of withdrawal from being exercised. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate for the value of the goods or the decrease in its value.

The general return period for any product purchased by mistake is 7 days. During this period, the return of products whose packaging has been opened in a way that would damage the product will not be accepted. Returns must be made with the original packaging and invoice.

If the product or its packaging is opened, damaged, broken, damaged, torn, used or any other conditions are detected in the product or its packaging purchased by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.

For product returns, the situation must first be communicated to customer services. The information about sending the product back is communicated to the customer by the seller. After this conversation, the product must be delivered to the seller via the Cargo company (MNG KARGO) that delivers to the recipient's address, together with the invoice containing the information about the return.

If the returned product reaches the seller and meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the buyer's credit card/account. No refund will be made without returning the product. The time it takes for refunds made to a credit card to be reflected in credit card accounts is at the discretion of the relevant bank.

If the purchase was made with a credit card and in installments, the credit card refund procedure will be applied as follows: The Bank makes the refund to the Buyer in installments, depending on the number of installments the Buyer requested to purchase the product. After the Seller pays the Bank the entire product price in one go, in case the installment expenses made from the Bank POS are refunded to the Buyer's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the Buyer until the cancellation of the sale, if the refund date and the card's statement closing dates do not coincide, will be reflected on the card as 1 (one) refund each month, and the Buyer will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.

In case of return of goods and services purchased with the card, the seller cannot make a cash payment to the buyer in accordance with the contract made with the Bank. In case of a return transaction, the member business, namely the seller, will make the refund through the relevant software, and since the member business, namely the seller, is obliged to pay the relevant amount to the bank in cash or on account, the payment cannot be made to the buyer in cash in accordance with the procedure detailed above. The 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 in a single payment.

Article 10 - Warranty

Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any manufacturing defects under the conditions specified below. The seller's warranty liability only applies to consumers covered by Law No. 4077. The provisions of the Turkish Commercial Code shall apply to commercial transactions.

Article 11 - Confidentiality

The information provided by the Buyer to the Seller for payment purposes, together with the information specified in this contract, will not be shared with third parties by the Seller.

The seller may only disclose this information within the scope of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any legal investigation with documented investigative capacity, he/she may provide it to the relevant authority.

Credit card information is never stored. Credit card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.

Information such as the buyer's e-mail address, mailing address and telephone are only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after approval.

Article 12 - Competent Courts and Enforcement Offices in Case of Dispute

In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the Buyer or Seller are authorized up to the value declared by the Ministry of Industry and Trade every December.

If the order is placed, the Buyer is deemed to have accepted all the terms of this contract. …/…/…

Article 13 – Notifications and Evidence Agreement

Any correspondence between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the Law. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, sofafontana.com 's official books and commercial records, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.