Distance Sales Agreement
|ORDER_DATE|
ARTICLE 1- PARTIES
SELLER
|SELLER_INFO|
VEHICLE
/ SERVICE PROVIDER "ENDEMIGO.COM"
Title:
Endemigo Teknoloji A.Ş ("Endemigo / Intermediary Service Provider") [www.endemigo.com]
Address:
Çifte Havuzlar Mh. Eski Londra Asfaltı Cd. Kuluçka Merkezi A1 Blok No:151/1C/B35 Esenler-İstanbul/Türkiye
Telephone:
+90 850 885 50 08
E Mail:
support@endemigo.com / hello@endemigo.com
Intermediary Service Provider Mersis No (Turkey): 0334101969300001
BUYER
INFORMATIONS
|BUYER_INFO|
ARTICLE 2- SUBJECT
AND SCOPE OF THE CONTRACT
This Distance Sales Contract ("Contract") has been arranged
in accordance with the Law No. 6502 on the Protection of Consumers ("Law")
and the Regulation on Distance Contracts. The parties of this Contract accept and
declare that they know and understand the obligations and responsibilities arising
from the Law and the Distance Contracts Regulation under this Contract.
Scope and subject of this Agreement; The Buyer has placed an
electronic order for the purchase of the goods or services of the Seller from the
website www.endemigo.com ("Website") belonging to Endemigo Teknoloji A.Ş
("Endemigo / Intermediary Service Provider"). It constitutes the determination
of the rights and obligations of the parties in accordance with the provisions of
the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance
Contracts regarding the sale and delivery of the goods or services with the qualifications
specified in the contract.
The conclusion of this Agreement will not prevent the execution
of the provisions of the Website Membership and other Agreements, which the parties
and Endemigo have concluded as a party, and the parties agree that Endemigo is not
a party to the sale of goods or services subject to this Agreement and fulfills
the obligations of the parties under the Agreement They accept and declare that
they do not have any responsibility or commitment to bring them.
BASIC QUALIFICATIONS AND PRICE OF THE CONTRACT SUBJECT
GOODS AND SERVICES (INCLUDING VAT)
|PRODUCTS|
|SALE_PRICE|
|KARGOVADEINDIRIM|
PAYMENT METHOD and DELIVERY
Payment Type: |PAYMENT_METHOD|
Cargo Company: |CARGO|
Courier company selected for return: |CARGO|
The announced prices and promises are valid until they are
updated and changed. The prices announced periodically are valid until the end of
the specified period.
Customs Duties and Taxes for International Shipments:
Items shipped internationally may be subject to customs duties and sales or
Value Added Tax (VAT) set by the destination country. These fees are not calculated
prior to customs clearance in that country and are in addition to the price and
shipping cost you are charged when checking out. (VAT is typically included in the
price of an item. If the seller says it isn’t included, we recommend you contact
the local customs agency to verify the import charges.) To complete your purchase,
you are required to acknowledge that any customs duties and taxes that apply are
your responsibility.
f your purchase is subject to customs duties and sales tax
or VAT, your shipping provider will contact you about these fees, which must be
paid before delivery of your purchase is scheduled. You will also be required to
provide personal information, such as your EIN, IRN or SSN, for customs processing.
Please note that shipping delays due to customs processing are not uncommon.
Although we do not have control over customs delays and are
not involved in the determination or collection of these fees, if you have any questions
about customs, feel free to contact us (support@endemigo.com).
Delivery Conditions
The seller will start the shipment of the products / products
ordered and paid by the Buyer within a minimum of 1 business day after the order
is completed.
THE PRICE OF THE SUBJECT PRODUCT IS COLLECTED FROM THE BUYER
BY ENDEMIGO ON BEHALF OF THE SELLER WITH THE PAYMENT PROTECTION SYSTEM. BY PAYING
THE PRICE OF THE GOODS TO ENDEMIGO, THE PRODUCT WILL BE DEEMED TO BE PAID TO THE
SELLER AND SHALL NOT BE UNDER THE PAYMENT OBLIGATION. THE BUYER'S RIGHTS OF RETURN
UNDER RELEVANT LEGISLATION RESERVED.
By organizing campaigns, your bank can apply more installments
than the number of installments you choose, and services such as installment postponement
can be offered. Such campaigns are at the initiative of your bank and if Endemigo
is aware of them, information about the campaigns is provided on our pages. The
order total will be divided by the number of installments from the date of your
credit card settlement date and will be reflected on your credit card summary by
your bank. The bank may not distribute the installment amounts evenly over the months,
taking into account the fraction differences. The creation of your detailed payment
plan is at the discretion of your bank.
ARTICLE 3- DELIVERY
OF GOODS AND METHOD OF DELIVERY
The Contract becomes effective upon being approved electronically
by the Buyer. It is performed when the goods or services purchased by the Buyer
from the Seller are delivered to the Buyer in the follow-up of Endemigo's intermediary
services. The goods will be delivered to the address specified by the Buyer in the
order form and in this Agreement and to the authorized person (s) specified.
ARTICLE 4- DELIVERY
COSTS AND PERFORMANCE
Unless there is a provision to the contrary, the delivery costs
of the goods belong to the Buyer. If the seller or Endemigo has declared on the
Website that the delivery fee will be covered by him, delivery costs will be borne
by the Seller or Endemigo.
If the price of the goods or services is not paid or the payment
made is canceled in the bank records, as a result, if the payment is not made by
the Buyer for any reason, the Seller shall be deemed to have been released from
his obligation in terms of the delivery of the goods or services.
After the payment is made in full and in full, the Delivery
of the Goods is made within the promised time. The seller delivers the goods or
service within 30 (thirty) days from the order of the goods or service by the Buyer,
provided that it is impossible to fulfill the performance of the goods or services
subject to the order or the force majeure conditions are reserved.
If the Buyer cancels the order, the Buyer is responsible for
the shipping fee after the seller has given the goods to the cargo before the Buyer
receives the goods.
In cases where the fulfillment of the goods or services subject
to the order becomes impossible, the Seller will inform the Buyer and Endemigo within
3 (three) days from the date of learning about this situation, and all payments
collected, including delivery costs, if any, will be sent to 14 (fourteen) ( will
refund within fourteen) days.
ARTICLE 5- DECLARATIONS
AND COMMITMENTS OF THE BUYER
The Buyer declares that he / she has read the preliminary information
uploaded by the Seller or by Endemigo with the approval of the Seller regarding
the basic qualities of the contractual goods or service, the sales price and payment
method, and the delivery and shipping cost on the Website, and that they have given
the necessary confirmation electronically.
The Buyer, as a consumer, can submit their requests and complaints
by using the above-mentioned Seller contact information and / or via the help page
on the Website, customer service, live support page or via the e-mail address support@endemigo.com/hello@endemigo.com.
The Buyer confirms this Agreement and the Preliminary Information
Form electronically, the address to be given to the Buyer by the Seller before the
conclusion of the distance contracts, the basic features of the ordered goods or
services, the price of the goods or services including taxes, payment and delivery.
It also confirms that it has received the delivery price information accurately
and completely. If the buyer is damaged, broken, the package is torn, etc. during
delivery. If he receives the goods or services subject to the Contract from the
cargo company, which is clearly damaged and defective, the responsibility belongs
entirely to him.
If the relevant bank or financial institution does not pay
the price of the goods or services to the Seller due to the fact that the credit
card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons
after the delivery of the goods or services, provided that the Buyer has delivered
the goods to him. or to return the service to the Seller within 3 (three) days.
In this case, delivery costs belong to the Buyer.
Items shipped internationally may be subject to customs duties
and sales or Value Added Tax (VAT) set by the destination country. These fees are
not calculated prior to customs clearance in that country and are in addition to
the price and shipping cost you are charged when checking out. (VAT is typically
included in the price of an item. If the seller says it isn’t included, we recommend
you contact the local customs agency to verify the import charges.) To complete
your purchase, you are required to acknowledge that any customs duties and taxes
that apply are your responsibility.
ARTICLE 6- SELLER'S
DECLARATIONS AND COMMITMENTS
Sellers are the Sellers who sell their products through endemigo.com
by signing a membership agreement (Supplier Agreement) with Endemigo Teknoloji A.Ş
(endemigo.com). All the information of the sellers is specified in the invoices,
product packaging and product information section of the contract. As soon as the
information is considered to be incomplete, the buyer has the right to request all
information from the endemigo.com/help link or support@endemigo.com mail address.
The seller is responsible for delivering the contractual goods
or service to the Buyer in accordance with the consumer legislation, sound, complete,
in accordance with the qualifications specified in the order, and with warranty
documents and user manuals, if any.
The seller is obliged to notify the Buyer and Endemigo within
3 (three) days from the date of learning of the situation if the contractual goods
or service cannot be delivered within due time due to force majeure or extraordinary
circumstances that prevent transportation.
Seller, geographical indication registered products (A geographical
indication is a quality mark that indicates and guarantees the origin of the product
for consumers, its characteristics and the connection between the characteristics
of the product and the geographical area. The products that have gained a certain
reputation are protected depending on the purpose.) Refers to the legal / natural
person who offers for sale. The seller accepts and undertakes that the product is
produced according to the geographical indication registration certificate approved
by any of the authorized institutions in the world. If requested, it declares the
inspection documents of the product. The seller cannot sell any product that does
not comply with the conditions written in the geographical indication document in
line with the relevant product.
If the contractual goods or service is to be delivered to a
person other than the Buyer, the Seller cannot be held responsible if the person
to be delivered does not accept the delivery.
ARTICLE 7- RIGHT
TO WITHDRAWAL
The buyer may exercise his right of withdrawal within 15 (fifteen)
days from the date of purchase in transactions related to the sale of services,
starting from the date of delivery in transactions related to the sale of goods,
without undertaking any legal and criminal liability and without any justification.
The buyer can also use his right of withdrawal within the period until the delivery
of the goods.
The buyer can use his right of withdrawal by logging into endemigo.com
and clicking the "Return" link on My Account> My Orders on endemigo.com. The buyer
must fill in the return request form on the relevant page and receive the return
address information on the invoice of the seller, and return the goods within 10
(ten) days from the date of withdrawal. Together with the goods, the invoice, the
box of the product, its packaging, standard accessories, if any, and other products
gifted with the goods must be returned completely and undamaged. The buyer is not
responsible for the changes and deteriorations that occur if the product is used
in accordance with its functioning, technical specifications and usage instructions
within the withdrawal period. Detailed information on the use of the right of withdrawal
can be found on the Help page on endemigo.com and / or on the https://www.endemigo.com/s/iade-iptal-degisim
page.
As long as the Buyer sends the returned goods to the Seller
with the Seller's contracted cargo company specified in the Preliminary Information
Form, the return shipping fee belongs to the Seller. In the event that the Seller,
specified in the Preliminary Information Form, sends the goods to be returned by
the Buyer with a cargo company other than the contracted cargo company, the Seller
is not responsible for the return cargo price and the damage to the goods during
the shipping process.
Within 15 (fifteen) days after the Buyer uses his right of
withdrawal (provided that the goods are returned via the carrier specified by the
Seller for return), all payments made by the Buyer to the Seller or the Intermediary
Service Provider for the relevant goods or services are to the Buyer. It will be
returned in one go, in accordance with the means of payment used while purchasing,
and without incurring any cost or liability to the consumer.
BECAUSE ENDEMIGO IS NOT A PARTY OF THIS DISTANCE SALES CONTRACT,
BUYER DOES NOT HAVE THE RIGHT TO WITHDRAWAL AGAINST ENDEMIGO AND CANNOT REQUEST
A REFUND OR PRODUCT CHANGE FROM ENDEMIGO. HOWEVER, ENDEMIGO WORKS GOODWILL TO MAKE
A POSITIVE RESULT OF THE PROCESSES FOR EVERYONE THANKS TO ITS BROKERAGE SERVICE.
ARTICLE 8- CONDITIONS
THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer cannot use its right
of withdrawal in the following cases:
In contracts for goods or services whose prices vary depending
on fluctuations in financial markets and are not under the control of the Seller
(eg jewelry, gold and silver products); In the contracts related to the delivery
of goods that are prepared in line with the wishes of the buyer or clearly his personal
needs, which are not suitable for return due to their nature and that are in danger
of rapid deterioration or are likely to expire; Of the goods whose protective elements
such as packaging, tape, seal, package have been opened after delivery; In contracts
for the delivery of those whose return is not suitable in terms of health and hygiene;
In contracts for goods that are mixed with other products after delivery and cannot
be separated by their nature; In the contracts regarding the books, audio or video
recordings, software programs and computer consumables provided in the material
environment provided that the protective elements such as packaging, tape, seal,
package are opened by the buyer; In contracts related to the delivery of periodicals
such as newspapers and magazines other than those provided under the subscription
agreement; In contracts regarding the utilization of leisure time for accommodation,
moving furniture, car rental, food and beverage supply and entertainment or recreation,
which should be done on a specific date or period; In contracts for the performance
of betting and lottery related services; Before the expiration of the right of withdrawal,
in the contracts related to the services started with the approval of the consumer;
and contracts regarding services rendered instantly in electronic environment and
intangible goods delivered to the consumer instantly (gift card, gift voucher, voucher
substitute for money and the like).
Withdrawal in terms of goods or services excluded from the
scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily
consumption items delivered to the buyer's residence with regular deliveries of
the Seller, and services in areas such as travel, accommodation, restaurant, entertainment
sector) the right cannot be used.
The cancellation and return conditions of such goods and services
offered for sale in the Culture / Holiday category are subject to the practices
and rules of each Seller.
ARTICLE 9- RESOLUTION
OF DISPUTES
The responsibility for the goods or services sold within the
scope of the Law and Distance Contracts Regulation belongs to the Seller personally.
In addition, Buyers will convey their complaints about the goods and services they
purchase to the Sellers directly or through Endemigo. If the complaint is conveyed
to 9Endemigo, Endemigo will provide all possible support to solve the problem.
In the disputes that will arise regarding this Distance Sales
Contract; Provincial or District Arbitration Committees for Consumer Problems in
the place where the Buyer purchases the product in the place of residence or where
the residence is located up to the value declared by the Ministry of Customs and
Trade each year, and the Consumer Courts are authorized in disputes over the aforementioned
value.
ARTICLE 10- PRICE
OF GOODS / SERVICES
The cash or deferred sales price of the product is included
in the order form, but is the price available in the information e-mail sent at
the end of the order and the invoice sent to the customer with the product. Discounts,
coupons, shipping costs and other applications made by the seller or Endemigo are
reflected in the sales price.
ARTICLE 11- DEFAULT
STATE AND LEGAL RESULTS
In case the Buyer goes into default in the transactions made
by credit card, the cardholder will pay interest and be liable to the bank within
the framework of the credit card agreement made with the bank. In this case, the
relevant bank may apply for legal remedies; The Buyer may demand the costs and the
attorney's fee from the Buyer, and in any case, if the Buyer goes into default due
to the debt, the Buyer will be responsible for the loss and damage suffered by the
Seller due to the delayed performance of the debt of the Buyer.
ARTICLE 12- NOTIFICATIONS
AND EVIDENCE AGREEMENT
Any correspondence between the parties under this Contract
will be made via e-mail at support@endemigo.com, except for the obligatory cases
listed in the legislation. The Buyer decides that in the disputes that may arise
from this Agreement, the official books and commercial records of the Seller and
Endemigo as well as the electronic information and computer records kept in its
database and servers shall constitute binding, final and exclusive evidence, and
this article shall constitute binding, conclusive and exclusive evidence. It accepts,
declares and undertakes that it is in the nature of an evidence agreement.
ARTICLE 13- ENFORCEMENT
Consisting of 13 (thirteen) articles, this Agreement has been
read by the parties and approved by the Buyer electronically on the date of the
order and entered into force.