ABİYENİAL.COM REMOTE SALES AGREEMENT 

Article 1 – Parties To The Agreement 

SELLER: Abiyenial - Ali UZUN

Telefon : 0(532)068 18 10

E-mail : abiyenial@gmail.com

BUYER: Customer 


Article 2 – Subject Of The Agreement 

The subject of this Agreement consists of setting forth and determining the respective rights and obligations of the Parties with respect to the sales and delivery of the goods/services ordered by the Buyer from over the web site www.abiyenial.com belonging to the Seller on the electronic media, with characteristics referred to in the Agreement and the selling price specified in the Agreement as well, pursuant to Law No. 6502 on Consumer Protection and law No. 29188 regarding Regulation On Distance Contracts. The Buyer agrees to and acknowledges under the provisions of this Agreement that it is informed about the basic specifications, selling price, form of payment, terms of delivery, etc. with respect to the goods/services subject matter of the sales, any and all kinds of preliminary data regarding the goods /services that constitute subject matter of the sales, as well as about the right to “withdrawal”, that it has confirmed the aforesaid data on electronic media, and thereafter placed an order for such goods/services. Preliminary notification and the invoice appearing on the web site www.abiyenial.com, are integral parts of this Agreement.


Article 3 – Date Of The Agreement 

These two copies of the Agreement signed by the Seller previously is undersigned and accepted by the Buyer on….


Article 4 – Delivery Of The Goods or Services, Place Of Performance Of The Agreement AND Pattern Of Delivery 

Goods/services shall be delivered to …….. at such address ………………….. that the Buyer Demanded for the delivery to be made. 


Article 5 – Delivery Expenses and Execution Thereof 

Delivery expenses are on account of the Seller for domestic orders. For international orders delivery expenses are on account of the Buyer. If the Seller has announced on its web site that the delivery charge for those making shopping in excess of the amount announced are to be borne by itself or free of charge deliveries shall be made under the campaign, then this delivery expense is on account of the Seller. Delivery is made within shortest possible notice if there are available stocks and following the price with respect to the commodities are credited to the account of the Seller. The Seller delivers the goods/services within 30 (thirty) days from the date of ordering of the same, and within such term keeps reserved its right to extend the aforesaid duration for additional 10 (ten) days by serving a notice in writing to that effect. If the charge fort he goods/services is failed to be paid for any reason whatsoever or deleted from the bank entries, the Seller is deemed as having been released from its obligation for delivery of the goods/services. 


Article 6 – Presentations and Warranties Of The Buyer 

The Buyer shall inspect the goods/services that constitute subject matter of the Agreement prior to taking on delivery of the same; it shall not be taking on delivery of crushed, broken, package torn, and such similar damaged and defective goods/services from the cargo company. It shall be so deemed that any goods/services taken on deliver yare without damage and in good operating order. Obligation to keep and maintain the goods/services diligently after delivery of the same is on part and account of the Buyer. If the right to withdrawal is to be exercised, then the goods/services should not be used. The invoice is required to be returned. In the event after the delivery of such goods/services, the relevant bank or finance entity refrains from paying the charge for the goods/services to the Buyer on grounds of usage of the credit card belonging to the Buyer by unauthorized parties in a manner that is not arising from any fault on part of the Buyer, the Buyer is obliged to send the goods/services to the Seller within 3 (Three) days, provided they were already delivered to its side. Whenever the case is as such, delivery costs are on account of the Buyer. 


Article 7 – Presentations and Warranties Of The Seller 

The Seller is responsible from delivery of the goods/services that constitute subject matter of the Agreement in perfect and full operating condition, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, if any. If the goods/services that constitute subject matter of the Agreement are to be delivered to any person/entity other than the Buyer, then the Buyer is not to be held responsible from the person/entity to be delivered to declining from accepting the delivery. The Seller returns within 7 (seven) days from receiving the declaration of withdrawal, together with any negotiable instruments pertaining thereto. 


Article 8 – Characteristics Of The Goods Or Services That Constitute Subject Matter Of The Agreement 

Type and sort, quantity, brand/model, color and selling price inclusive of any and all taxes of the goods/services are as specified in the particulars contained in the identification page for such goods/services on the web site titled www.abiyenial.com, and as indicated on the invoice that is deemed an integral part of this Agreement. 


Article 9– Right To Withdraw 

The Buyer is entitled to use its right with respect to withdrawal, within 7 days from the date of delivery of the goods/services either to itself in person or to such person/entity at the address advised to that effect. For being entitled to use the right of withdrawal, it is mandatory that within the same period as aforesaid, the Seller should notify the customer services via e-mail or on the telephone and goods/services are not used under provisions of Article 15 and such preliminary data published on the web site titled www.abiyenial.com, which is an integral part of this Agreement. In the event any such right is used, it is compulsory that the original of the invoice pertaining to the goods/services delivered to the 3rd party or to the Buyer in person is required to be returned. Charge with respect to the goods/services is returned to the Buyer within 7 days following arrival of the notice pertaining to the right of withdrawal, and the goods/services are taken delivery in return within a term of 20 (twenty) days.


Article 10 – Goods And Services For Which Right Of Withdrawal Is Not Applicable 

These consist of goods/services that are not returnable in consideration of their nature, goods/services which rapidly deteriorate and dates of expiry passing, goods/services for single use, hygienic goods/services, goods/services for daily use, any and all software and programs which are reproducible. Further, for possibly using the right of withdrawal regarding any and all kinds of software and programs, various media (Dvd,Cd, and such similar), computer and stationery consumables (toners, cartridges, ribbons, and such similar) as well as cosmetic materials, it is a prerequisite that the packing of such goods/services are not opened, damaged and used. 


Article 11 – Events of Default and Its Legal Consequences 

In the event the Buyer is at default in the transactions made by credit card, it shall be paying interest within scope of the credit card agreement it has made and entered into with the bank, and be held responsible towards the bank. Under these circumstances, the relevant bank is entitled to seek recourse in legal channels; might claim from the Buyer any expenses to arise as well as the Attorneys’ Fees, and in any case, if the Buyer is in default on grounds of its debts, the Buyer agrees to pay the loss and damage suffered by the Seller due to delayed execution of the debt. 


Article 12– Competent Court 

In settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available, Civil Courts of First Instance are competent.