PARTIES AND SUBJECT
The subject of this contract is the person who will purchase the product from the https://domoda.com/ website (BUYER) and the person who will purchase the product from the website Gençlik Evleri Mah. Avenue/Street:Yeniçeri Sk. It is to inform consumers regarding the distance contract between Sultan Ağbulak (SELLER) located at Deniz Apt No:13 A 34000 Kağıthane / Istanbul, in accordance with the provisions of the Law on Consumer Protection and the Distance Contracts Regulation.
SELLER INFORMATION
Title: Sultan Ağbulak
Address: Güvenlik Evleri Mah. Avenue/Street:Yeniçeri Sk. Deniz Apt No:13 A 34000 Kağıthane / Istanbul
Phone: 0 533 312 72 42
Email: info@domoda.com
RECEIVER INFORMATIONS
Buyer is the person who is a member of the domoda.com shopping site/purchases products and services from the domoda.com shopping site. Address and contact information used while members shall prevail.
CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service are available on the SELLER's website. You can review the basic features of the product during the campaign. It is valid until the campaign date. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
GENERAL PROVISIONS
BUYER accepts and declares that he/she has received preliminary information regarding the basic characteristics of the products, the sales price including all taxes, payment method, delivery and right of withdrawal and terms of use, has read and informed himself and has given the necessary confirmations-approvals for the sale in electronic environment.
The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period explained in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period (and an additional 10 days if the BUYER is informed in advance). It is delivered by the cargo company that the SELLER has a contract with. The SELLER sends the products it sells to the BUYERS through cargo companies and has them delivered.
In general, unless otherwise stated, delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the results of the campaigns it carries out at the time of sale and whose terms are announced on the website.
If the BUYER is not personally present at the address at the time of delivery of the products delivered to the address, the SELLER will be deemed to have fulfilled its obligation fully and completely.
If there is no one at the address to receive the delivery, it will be the BUYER's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
The BUYER is responsible for checking the product upon receipt and, if he sees a problem with the product caused by the cargo, not accepting the product and keeping a report with the cargo company official. Otherwise, the SELLER will not accept responsibility.
BUYER must have paid the price in full before receiving the product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the price of the product is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the product.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card used the transaction belongs does not pay the price of the product to the SELLER, the product will be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual and legal rights of the SELLER, including monitoring that it will receive the product price without accepting the return, are reserved separately and in any case.
If the product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions and the delay exceeds 10 (ten) days, the SELLER will contact the BUYER regarding the delivery. It informs . In this case, the BUYER can cancel the order, order a similar product or wait until the end of the emergency.
If the product price has been collected in case of order cancellations, it will be refunded to the BUYER within 14 (fourteen) days from the cancellation. For credit card payments, the refund is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after its return to the Bank is entirely related to the Bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays.
If it is understood that the products subject to the contract cannot be supplied for a justified reason, except for extraordinary circumstances, the SELLER may supply another good/service of equal quality and price by informing the BUYER and obtaining his/her approval, and will be deemed to have fulfilled his/her contractual commitment in this way. In cases where the BUYER does not approve, the provisions regarding order cancellation apply.
RIGHT OF WITHDRAWAL
BUYER; In distance contracts for the sale of goods, the right to withdraw from the contract can be exercised by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification. In distance contracts for service provision, this period starts from the date the contract is signed. The BUYER must send the notification regarding the exercise of the right of withdrawal to the above-mentioned address of the SELLER within this period, by the means specified above.
BUYER acknowledges in advance that he has been informed by the SELLER of this contract before accepting the distance contract or any corresponding offer.
In terms of transportation/cargo costs arising from the exercise of the right of withdrawal;
- BUYER accepts, declares and undertakes that he/she will cover the cost of returning goods or services via the carrier specified by the SELLER, not exceeding the delivery costs.
- BUYER shall be responsible for the return costs arising from exercising the right of withdrawal; He accepts and declares with this agreement that it can be offset against the cost of goods or services to be returned to him.
- However, if the goods or services are defective within the scope of Article 8 of Law No. 6502, the return costs will be covered by the SELLER.
In order to exercise the right of withdrawal, a written notification must be made to the SELLER within 14 (fourteen) days by registered mail, online support section on the website or by e-mail. However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/used:
- a) Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
b) In goods prepared in line with the consumer's wishes or personal needs,
c) Goods that are perishable or may expire quickly,
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In the delivery of those whose return is not suitable in terms of health and hygiene,
e) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
f) After the delivery of the goods, if the protective elements such as packaging, tape, seal, package have been opened, the books, digital content and computer consumables presented in the material environment
In case the right of withdrawal is exercised, the invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued. .), return form, the products to be returned must be delivered complete and undamaged, along with their box, packaging and standard accessories, if any.
The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within 14 (fourteen) days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days. If the value of the goods decreases or the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault. If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
EVIDENCE AGREEMENT AND COMPETENT COURT
In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where he resides are authorized, up to the value declared by the Ministry of Industry and Trade. The SELLER may make his/her complaints and objections to the consumer arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December every year.
In case of disputes over the specified value, the application must be made to the Consumer Court, or to the Civil Courts of First Instance as the Consumer Court in places where there is no Consumer Court.
In case of any dispute between the parties and/or regarding the complaints of third parties, the SELLER's records and documents, e-mail correspondence, system records on the website (including records in magnetic media such as computer-voice recordings) are exclusively final within the meaning of Article 193 of the Civil Code. will constitute evidence.
FINAL PROVISIONS
If it is determined that the documents and information provided regarding the order are incomplete, fake and/or incorrect, or if there is a suspicion that the order has been made in bad faith/or for commercial and/or profit purposes, you can submit the order application at any time, provided that you inform the BUYER. reserves the right to suspend and/or cancel it in order to ensure the necessary investigations are carried out. In case of cancellation, the refund process for payment can be made provided that the BUYER is notified.
All this information is provided for commercial purposes in accordance with the distance communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination and are limited.
After this contract is read and accepted by the Consumer electronically, the establishment of a Long Distance Sales Contract will begin. The Buyer accepts, undertakes and declares that he has read the Preliminary Information and has given the necessary confirmation electronically, in accordance with Article 48 of Law No. 6502.