Distance Sales Contract

1. SUBJECT OF THE AGREEMENT

The subject of this Distance Selling Agreement (“ Agreement ”) is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27 November 2014 and numbered 29188 (together referred to as the “Legislation”) regarding the sale and delivery of the product (“ Product ”), which the consumer (“ BUYER ”) ordered electronically via the www.nebiogluhome.com website and purchased from Billur Mobilya Day. Tük. Mal. San. ve Tic. Ltd. Şti. (“ SELLER ”), which has the qualities specified in the Agreement, the sales price including taxes and delivery information of which are specified below.

2. PARTY INFORMATION

INFORMATION ABOUT THE SELLER

Trade Name : Billur Furniture Day. Tük. Mal. Sanayi ve Tic. Ltd. Şti.

Address : Bozcaali Mah. Şht. Yzb. Temel Kuğuoğlu Boulevard No:67/A Görele/Giresun

Trade Registry No .: GÖRELE-766

CRS No .: 1750414493

Phone No .: 0542 574 28 00 

SELLER KEP : billur.mobilya@hs01.kep.tr

Web Address : www.nebiogluhome.com

Contact Channel : info@nebiogluhome.com

 

INFORMATION ABOUT THE BUYER

Person to be Delivered:

Within the scope of this Agreement, BUYER and SELLER will be referred to individually as a “ Party ” and collectively as the “ Parties ”.

3. BASIC FEATURES OF THE PRODUCT AND SALE PRICE

The type, brand/model, quantity, unit price and sales price including taxes of the product/products subject to the contract, payment terms and delivery information are given below.

Picture	Product	Piece	Unit Price	Subtotal
[.]	[.]	[.]	[.]	[.]
Shipping Cost			[.] TL
Total Product Price Excluding Shipping
Installment Difference
Payment Method			[.]
Total Amount to be Paid (VAT Included)			[.] TL

The above mentioned sales price will be collected from the BUYER and the BUYER makes the payment via credit and debit cards via the iyzico infrastructure.

5. DELIVERY OF THE PRODUCT
   • The product will be delivered to the BUYER by the SELLER in accordance with the delivery information below:

Delivery Address:

*Exceptions included in the contract and relevant legislation are reserved.

**The specified time is not a commitment for delivery, it refers to the delivery time by the SELLER to the cargo company.

• SELLER shall deliver the ordered product to the relevant cargo company within a maximum of 30 (thirty) business days from the date of order. In any case, SELLER shall deliver the product within a maximum of 30 (thirty) days from the moment the BUYER's order reaches the product/products in its stocks, in accordance with the principles set forth in this Agreement. In other words, the delivery of the product that cannot be delivered within the specified delivery period may be extended up to a maximum of 30 (thirty) days from the moment the order reaches the SELLER in accordance with the Legislation.
• The SELLER sends and delivers the ordered product to the BUYER through a contracted cargo company. If the cargo company does not have a branch in the BUYER's location, the BUYER must pick up the ordered product from another nearby branch of the cargo company notified by the SELLER.
• In the event that the BUYER is not present at the delivery location and on the delivery date specified in the order or does not accept the delivery, the SELLER shall be deemed to have duly fulfilled its performance obligation. In the event that no one is present at the address to whom the product will be delivered, it is the BUYER's responsibility to establish the necessary communication with the cargo company and to track the product. If the product(s) in question are to be delivered to a person or organization other than the BUYER, the SELLER cannot be held responsible if the person or organization to whom the delivery will be made does not accept the delivery of the product or is not present at the address. In such cases, the expenses incurred due to late delivery of the product or return of the cargo to the SELLER are the BUYER's responsibility.
• If the BUYER does not receive the ordered product for any reason, the BUYER will be deemed to have returned the ordered product, and in this case, all payments collected from the BUYER, including delivery costs, if any, will be returned to the BUYER within the legal period.
• The BUYER is obliged to check the product upon receipt, not to accept any defects in the product and to keep a report with the authorized person of the cargo company. Otherwise, the SELLER has no responsibility.
• After delivery, the obligation to carefully protect the product in question belongs to the BUYER. If the right of withdrawal is to be exercised, the product in question must not be used and must be returned with its invoice and all other documents (e.g. warranty certificate, user manual, etc.) sent to the BUYER at the time of delivery.
• SELLER accepts, declares and undertakes to deliver the Product completely, in accordance with the specifications specified in the order and with the warranty documents, user manuals and other information and documents that must be delivered with the Product according to the legislation, if any.
• Unless otherwise provided, the delivery costs of the Product shall be borne by the BUYER. If the SELLER has declared that the delivery costs will be covered by the SELLER, the delivery costs shall be borne by the SELLER.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES
   • The BUYER irrevocably accepts and declares that, prior to the conclusion of this Agreement, the BUYER has been informed by the SELLER in a clear, simple, understandable and internet-friendly manner through the Preliminary Information Form regarding the trade name, address, telephone number, MERSİS number or identification number and other contact information of the SELLER and the basic characteristics of the product to be sold, including the sales price including taxes, payment method, delivery and return conditions, as specified in Article 3 of the Agreement, and the official authorities to which he/she can submit his/her complaints and objections, and that he/she has confirmed and approved electronically through the Preliminary Information Form and subsequently purchased the product by placing an order electronically.
   • The Product shall be delivered to the delivery address specified by the BUYER by the Cargo Company to the BUYER within the promised delivery period and in any case not exceeding the legal period of 30 (thirty) days. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Agreement. However, in the case of sales of Products prepared in accordance with the BUYER's request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for the Product whose order status is stated as "Pre-Order" or "Production to Order" may also exceed 30 (thirty) days, and the BUYER shall not be able to terminate the Agreement due to the failure to deliver within 30 (thirty) days when it purchases a Product with the status of "Production to Order" or "Pre-Order" prepared in accordance with the BUYER's request or personal needs.
   • SELLER may supply an equivalent Product by informing BUYER via the shared contact information and obtaining his/her explicit approval before the performance obligation arising from the Agreement expires.
   • The BUYER shall inspect the product subject to the Agreement before receiving it; shall not accept from the cargo company any product that is damaged for any reason such as crushed, broken, torn packaging, etc. and is found to be defective, and shall keep a report on the subject with the authorization of the cargo company. Otherwise, the SELLER has no responsibility. The obligation to carefully protect the Product after delivery belongs to the BUYER. In addition, if the BUYER notices any damage or defects that could not be noticed when the product was received from the cargo company, he shall immediately notify the SELLER by calling 0542 574 28 00 or through the communication channels at https://pureoxi.com/iletisim .
   • In case the BUYER wishes to return the purchased product by exercising his/her right of withdrawal, he/she accepts and undertakes not to damage the product and its packaging in any way (in the form in which the SELLER received it) and to return the original invoice and delivery note together with the product at the time of return.
   • If the price of the product(s) subject to the Agreement is not paid by the BUYER for any reason or if the payment made by the BUYER is cancelled by a bank or financial institution in any way, the SELLER is relieved of its obligation to provide the product(s) to the BUYER.
   • If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's card by unauthorized persons after the delivery of the product, the BUYER agrees to pay the SELLER's losses and damages due to the delayed payment of the debt.
   • In cases where a refund is required to be made to the BUYER for any reason within the scope of the contract, the BUYER accepts, declares and undertakes that, if the payment was made by credit card, the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 (two) to 3 (three) weeks, that the reflection of this amount in the BUYER's account after it is returned to the Bank by the SELLER is entirely related to the Bank's transaction process, and that the Bank is responsible for any possible delays and cannot hold the SELLER responsible for these.
   • BUYER accepts, declares and undertakes that he/she will make transactions with the consent of the credit card or bank card owner in transactions requiring online payment methods and the use of a credit card or bank card through the nebiogluhome.com website; otherwise, he/she will be exclusively responsible for all kinds of expenses and damages, including attorney fees, that may arise from payment refunds, non-performance of service or similar reasons, and will hold the SELLER harmless from all kinds of claims that may arise from these.
   • If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Product is delivered to the BUYER, the BUYER may be requested to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the Bank stating that the credit card belongs to the card holder. The order will be frozen until the Buyer provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
   • In case a Product that was not ordered is sent, no rights can be claimed against the BUYER. In such cases, the BUYER's silence or use of the Product in question cannot be interpreted as a declaration of acceptance for the establishment of the contract.
   • The BUYER declares and undertakes that the personal information provided within the framework of this Agreement is accurate. The BUYER is solely responsible for the accuracy of the personal information. In addition, the BUYER is solely responsible for all damages that the SELLER may incur due to the inaccuracy of this information.
   • BUYER accepts and declares that he/she is aware that all software that enables him/her to benefit from nebiogluhome.com website are generally not error-free and that no representation or warranty is given by SELLER regarding these software in this Agreement. In this context, SELLER is not responsible for price errors that occur due to typographical and typographical errors.

• BUYER accepts, declares and undertakes that it will not engage in any work, process or action that will stop or prevent the operation of nebiogluhome.com website through spam, viruses and other similar malicious software, including but not limited to these, or that it will not be in any relationship with third parties that engage in such work, process or action.

• If the delivery of the ordered product becomes impossible, the SELLER will notify the BUYER in writing or via permanent data storage within 3 (three) days from the date of learning about this situation and will refund all payments collected from the BUYER, including delivery costs (cargo, etc.), if any, within 14 (fourteen) days from the date of notification.

• The SELLER is obliged to immediately notify the BUYER in the event that the delivery of the product subject to the Agreement cannot be fulfilled due to force majeure events such as, but not limited to, stock shortage of the product, strike, war, fire or earthquake, flood or inaccessibility of the nebiogluhome.com website due to technical reasons and/or failure to notify the SELLER of the BUYER's order by the technical infrastructure providers, internet outage or cyber attack on the website. In this case, the sales transaction subject to this Agreement will be cancelled and the product price will be refunded to the BUYER as soon as possible using the method with which the payment was made during the establishment of the Agreement.

• BUYER accepts, declares and undertakes to hold SELLER harmless from all kinds of claims arising from damages that occur in case SELLER did not put the product on the market itself, the non-conformity is caused by the intervention of the distributor or a third party to the product or by BUYER and/or the non-conformity in the product is caused by the fact that it was produced in accordance with technical regulations or other mandatory technical rules.

• If the BUYER selects the corporate invoice option in the orders to be placed, the SELLER will issue a corporate invoice using the tax identification number and tax office information provided by the BUYER when creating the order on the website. It is the BUYER's sole responsibility to ensure that the information to be included in the invoice is correct, up-to-date and complete, and the BUYER is personally responsible for all damages that may arise as a result.

• In case of payment by credit card, the Bank may organize campaigns and apply a higher number of installments than the number of installments selected by the BUYER or may offer additional services such as installment postponement. Such campaigns are at the discretion of the Bank. Starting from the statement date of the BUYER's credit card, the order total will be divided by the number of installments and reflected in the credit card statement by the Bank. The Bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of detailed payment plans is at the discretion of the Bank.

• The Product/Products offered for sale through nebiogluhome.com may only be offered for sale to be delivered to limited locations (city/district/region) determined by the SELLER, and if the BUYER selects a delivery address other than one of the locations determined by the SELLER during the ordering process, the relevant order cannot be placed/the purchase will not be made.

• RIGHT OF WITHDRAWAL

 

• The BUYER may exercise his/her right of withdrawal within 14 (fourteen) days from the date of receipt of the product, without assuming any legal or criminal liability, without giving any justification and without paying any penalty, in accordance with the provisions of Article 48 of the Consumer Protection Law No. 6502 and Article 9 of the Distance Contracts Regulation.

• The withdrawal period starts from the day the BUYER or the third party determined by the BUYER receives the product. However, the BUYER may also exercise the right of withdrawal from the establishment of the contract until the delivery of the goods.

In determining the period of the right of withdrawal as required by legislation;

1. For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
2. For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
3. In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or a third party designated by the consumer receives the first goods.

is taken as basis.

• SALES PERSON;

1. In case the BUYER exercises his/her right of withdrawal before the delivery of the Product or the performance of the Service, from the date on which the notification of the exercise of the right of withdrawal reaches him/her,
2. If the BUYER exercises his right of withdrawal after the delivery of the Product, if the price has not been transferred to the SELLER as of the date on which the notice of withdrawal reaches him, from the date on which the Product subject to the right of withdrawal is delivered to the Cargo Company foreseen for return or from the date on which it reaches the SELLER in case it is returned with a Cargo Company other than the one foreseen for return,
3. In the event that the BUYER exercises his right to terminate the Agreement due to failure to deliver his order within the legal period, from the date on which the termination notice is received.

It is responsible for returning the Contract price and delivery costs collected to the BUYER within 14 (fourteen) days.

• The BUYER must notify the SELLER in writing within 14 (fourteen) days through the communication channels at info@nebiogluhome.com , stating that he/she has used the right of withdrawal. In case of using the right of withdrawal, it is sufficient for the BUYER to deliver the product completely and undamaged to the SELLER's contracted cargo company as specified in Article 5.5 and to send it to the SELLER's return warehouse address. In addition, the BUYER can follow the directions provided to him/her by calling the phone number 0542 574 28 00 or through the channels specified at info@nebiogluhome.com .

• In case of notification regarding the right of withdrawal by the BUYER, this notification must include the order number subject to withdrawal, the product and its quantity subject to withdrawal, and the BUYER's telephone number.

• In case of exercising the right of withdrawal:

1. The BUYER shall return the Product to the SELLER via the Cargo Company within 14 (fourteen) days from exercising his right of withdrawal.
2. Within the scope of the right of withdrawal, the Product box, packaging, standard accessories, if any, and other Products gifted with the Product, if any, must be returned complete and undamaged.

• Following the exercise of the right of withdrawal by the BUYER, unless the SELLER makes an offer to the BUYER to take back the product, the BUYER must send the product back to the SELLER within 10 (ten) days from the date on which the BUYER notifies the SELLER that he has exercised his right of withdrawal.

• When returning the product subject to the right of withdrawal to the SELLER, the original invoice presented to the BUYER during the delivery of the product to the BUYER, the box and the product inside the box must be returned to the SELLER completely and undamaged. When returning the product to the SELLER, the BUYER must fill in the information in the return section of the original invoice to be returned together with the product and return it by signing this section.

• Products produced in line with the special requests or personal needs of the BUYER (including those made special to the person/personal needs by making changes or additions) are within the scope of the exception to the right of withdrawal as per the legislation and cannot be returned by the SELLER.

• The SELLER is obliged to refund all payments collected from the BUYER, including any delivery costs paid by the BUYER, within 14 (fourteen) days from the date of receipt of the notification that the BUYER has exercised his right of withdrawal, in a single transaction in accordance with the payment method used by the BUYER when purchasing the product and without imposing any expense or liability on the BUYER. In addition, the BUYER is also responsible for duly fulfilling the return obligations specified in the contract upon exercising his right of withdrawal.

• The buyer cannot exercise his right of withdrawal in the following contracts:

1. Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER,
2. Contracts regarding goods prepared in line with the consumer's wishes or personal needs,
3. Contracts for the delivery of goods that are perishable or may expire quickly,
4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons,
5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
6. Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the product,
7. Contracts regarding the delivery of periodicals such as newspapers and magazines other than those provided within the scope of the subscription contract,
8. Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes,
9. Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER,
10. Contracts regarding services that have started to be performed with the approval of the BUYER before the expiration of the right of withdrawal period,

The right of withdrawal cannot be exercised; a return code cannot be created on the Platform for these orders.

• APPLICABLE LAW AND AUTHORIZED COURT

This Agreement is subject to Turkish law. In disputes that may arise from this Agreement, Consumer Arbitration Committees are authorized up to the monetary value determined and announced by the Ministry of Trade of the Republic of Turkey every December, and Consumer Courts are authorized for disputes exceeding the specified value; in places where there are no Consumer Courts, Civil Courts of First Instance are authorized.

• TERM AND ENFORCEMENT

This Agreement has been concluded over the internet on ../../…. and will automatically terminate when the Parties duly perform their obligations subject to the Agreement.