Distance Sales Contract

PRELIMINARY INFORMATION FORM

SELLER'S INFORMATION

Seller: NBI Giyim A.Ş.
Address:Sultan Selim Mah. Hümeyra Sk. Nef 09 Sitesi B Blok No: 7 İç Kapı No: 152 Kağıthane – İstanbul
Phone: 02124000585
E-mail: iletisim@newbalance.com.tr

BASIC CHARACTERISTICS AND PRICE OF THE PRODUCT

The basic features and price of the product or products subject to the order are as follows:

 

DELIVERY COSTS

The shipping cost is added to the order amount and paid by the Buyer. Campaigns regarding the shipping cost are at the initiative of the Seller.

INFORMATION ON PAYMENT AND DELIVERY

The buyer accepts, declares and undertakes that he / she is responsible for paying the total price of the product or products in question when the order for the product he / she has chosen is approved.

The buyer can pay the price of the purchased product or products through one of the payment options of bank transfer or credit card.

Delivery will be hand delivered to the address specified by the Buyer in the order form by one of the contracted cargo companies. The bill of the order will be cut to the address specified by the Buyer in the order form. If the Buyer is not present at the address of the Buyer at the time of delivery, the Seller shall be deemed to have fulfilled its performance in whole and completely. For this reason, any damage caused by the Buyer's late delivery of the product and the costs of the product waiting in the cargo company and / or the return of the cargo to the Seller shall belong to the Buyer.

 

RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Buyer has the right to withdraw by rejecting the product / products within 14 (fourteen) days from the delivery of the product / products subject to the Contract to him or the person / organisation at the address specified by him. The Buyer may make the withdrawal notification in written form to the Seller's specified address or electronically by e-mail. The product price is returned to the Buyer within 10 (ten) days after the Buyer's withdrawal request notified to the Seller in written form or by permanent data carrier. The shipping cost of the product returned because of the right of withdrawal is paid by the Seller.

 

VALIDITY PERIOD

As regards the product/products in this form; all information and promises provided to the Buyer are valid until the changes regarding the product information are made and published, and it is notified that the Seller is not committed to the information and promises given by the Seller in this form after today.

 

CONTRACT PERIOD

Following the delivery of the product in this form to the Buyer, the periods in the provisions of the Distance Sales Contract will begin and end.

 

COMPLAINT and OBJECTION

AThe Buyer may transmit his/her requests and complaints to the contact information of the Seller whose information is given above.
In addition, the Buyer may apply for complaints arising from the distance sales contract to the consumer problems arbitration committee or consumer court in the place where the product is purchased or where the residence is located within the monetary limits determined by the Turkish Ministry of Customs and Trade on December every year.

 

DISTANCE SALES CONTRACT

This Agreement has been prepared in accordance with the Code Regarding the Protection of the Consumers numbered 6502 and other regulations and is as follows in terms of articles:

 

ARTICLE 1- PARTIES OF THE CONTRACT

The Seller: NBI Giyim A.Ş.
Address: Maslak Mah. Maslak Meydanı Sk. Beybi Giz Plaza 1 55 Sarıyer-İstanbul
Phone: 0212 400 05 85
Email: iletisim@newbalance.com.tr
The Buyer: As a customer www.newbalance.com.tr/en it refers to the person who is a member of. The address and contact data used while becoming a member are taken as basis

ARTİCLE 2- SUBJECT OF THE CONTRACT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Code Regarding the Protection of the Consumers numbered 6502 in relation to the sale and delivery of the product / products that the Buyer ordered electronically from the www. newbalance.com.tr website of the Seller, which have the qualifications mentioned in the Contract and whose sales price is specified in the Contract. The buyer, accepts and declares that he / she has information about all pre information about the basic qualifications of the products subject to sale, sales price, payment method, delivery conditions, the product / products subject to sale and the right of withdrawal etc. and confirms this pre information electronically and then orders the product / products in accordance with the provisions of this Agreement. The pre-information form and invoice on the payment page of www.newbalance.com.tr/en are inseparable parts of this Agreement.

 

ARTİCLE 3- PRODUCT SUBJECT TO CONTRACT, PROVISIONS REGARDING PAYMENT AND REFUND

 

Payment Method

3.1.2. Credit Card Payment:

For the Buyer to be able to pay by credit card, the credit card information must be filled in the relevant sections in full and completely. Payment can be made by credit card in a single payment or by dividing the payment into as many instalments as may be determined within the context of the campaigns. The Bank may organise campaigns and apply a higher number of instalments than the number of instalments selected by the Buyer, and services such as instalment deferral may be offered. Such campaigns are at the initiative of the Bank and if the Seller is aware of them, information about the campaigns may be provided at www. newbalance.com.tr. From the account cut-off date of the credit card, the order total will be divided by the number of instalments and reflected on the credit card summary by the Bank. The Bank may not distribute the instalment amounts equally to the months by taking into account the fraction differences. The creation of your detailed payment plan is at the initiative of the Bank.

3.2.

On the other hand, since forward sales are made only with credit cards of Banks, the Buyer agrees, declares and undertakes that he/she will confirm the relevant interest rates and information on default interest from his/her bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card Agreement between the Bank and the Buyer.

3.3. Refund Procedure

3.3.1. Credit Card Refund Procedure:

In cases where the Buyer uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the Buyer with the decisions of the Consumer Problems Arbitration Committee, if the shopping was made by credit card as a single payment or in instalments, the credit card refund transaction will be determined by the bank. The Buyer declares that he accepts the refund procedure to be applied by the relevant bank in advance.

3.4. Delivery Method and Address

Delivery will be delivered by hand at the address specified by the Buyer in the order form through one of the contracted cargo companies. Even if the Buyer is not present at the address at the time of delivery, the Seller shall be deemed to have fulfilled its performance in whole and in complete. For this reason, any damage caused by the Buyer's late receipt of the product and the costs of the product waiting in the cargo company and / or the return of the cargo to the Seller belong to the Buyer. The shipping cost is not included in the product price. The shipping cost is added to the order amount and paid by the Buyer. Campaigns regarding the shipping cost are at the initiative of the Seller.

Article 4- DECLARATIONS AND COMMITMENTS OF THE BUYER

Article 4- DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer shall take inspection of the product/products subject to the Contract before receiving them and shall not receive the damaged and defective product/products from the cargo company. The delivered product(s) shall be deemed to be undamaged and intact. The obligation to carefully protect the product / products after delivery belongs to the Buyer. If the right of withdrawal is to be used, the product / products should not be used. The invoice must be returned. After the delivery of the product / products, if the relevant Bank or financial institution does not pay the price of the product / products to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorised persons in a way that is not caused by the fault of the Buyer, the Buyer is obliged to send the product / products to the Seller within 5 (Five) business days, provided that they have been delivered to him, at his own delivery expenses. Otherwise, it will be obliged to pay the price of the product / products

ARTICLE 5. DECLARATIONS AND COMMITMENTS OF THE SELLER

The Seller is responsible for delivering the product(s) subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if there are any. If the product / products subject to the contract will be delivered to a person / organisation other than the Buyer, the Seller cannot be held responsible for the person / organisation to be delivered not accepting the delivery. The Seller shall return the price of the product/products and the negotiable instruments, if any, within 14 (fourteen) days after the withdrawal declaration is received. The Seller takes back the product(s) within 30 (thirty) days. If the Seller is of the opinion that the performance of the product(s) has become impossible, it shall notify the Buyer before the expiry of the performance period of the Contract. The price paid and documents, if any, shall be returned to the Buyer within 10 (ten) days. The Seller is not obliged to pay any other price after the paid price and documents, if any, are returned to the Buyer within the period. The responsibility of the Seller ends with the return of the price and no further legal and / or criminal liability arises. In particular, in the event that the contract cannot be performed due to the lack of the purchased product in stock or the lack of products that are not damaged and suitable for shipment, the Seller may terminate the contractual relationship by refunding the price and returning the relevant documents. The Seller cannot have any legal or criminal liability for this transaction. The damaged product(s) from the product(s) sold with or without a warranty certificate may be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be covered by the Seller.

ARTICLE 6. CHARACTERISTICS OF THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

The type, quantity, brand / model, colour and sales price including all taxes of the product / products are as stated in the information on the product / products promotion page on the website www.newbalance.com.tr and in the invoice which is considered an integral part of this Agreement.

ARTICLE 7. RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the product(s) subject to the Contract to him/her or the person/organisation at the address indicated by him/her, without any justification and without paying any penal clause. In order to exercise the right of withdrawal, the Seller's customer service must be notified by e-mail or telephone within the same period and the product / products must not be used in accordance with the preliminary information published on the website www. newbalance.com.tr. If this right is exercised, the original invoice for the product(s) delivered to the 3rd party or the Buyer must be returned. Within 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal, the price of the product / products shall be returned to the Buyer by the Seller or the product / products shall be taken back by the Buyer within 20 (twenty) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the Buyer. The delivery cost of the product / products returned due to the right of withdrawal is covered by the Seller.

ARTICLE 8. DEFAULT PROVISIONS

In the event that the parties do not fulfil their obligations arising from this Agreement, the provisions of the Turkish Code of Obligations No. 6098 shall apply. If the Seller cannot deliver the product subject to the Contract within the period due to force majeure that may prevent the Seller from fulfilling its obligations or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, etc., in such cases, the Buyer accepts that the Seller has no responsibility and may use one of the rights to cancel the order or postpone the delivery period until the preventive situation is eliminated. If the Buyer cancels the order, the amount paid by the Buyer shall be paid to him within 10 (ten) days. (In instalment purchases made by credit card, the procedure determined by the bank for the return to the credit card is accepted by the Buyer). In the event that the Buyer defaults in the transactions made by credit card, the Buyer shall be responsible for the loss and damage incurred by the Seller due to the delayed performance of the debt.

ARTICLE 9. COMPLAINT AND APPEAL

The Buyer may apply for complaints and objections that may arise from this Agreement to the consumer problems arbitration committee or consumer court in the place where the product is purchased or where the residence is located within the monetary limits determined by the Ministry of Customs and Industry in December each year.