Sales Contract

Article 1 - PARTIES

1.1. SELLER (“Yurkan”)

Title: Yurkan Trade and Investment Inc. (He will be referred to as Yurkan for short.)
Address: Halkapınar, 1203/11. Sk. No:5 D:7 / 72, 35160 Konak/İzmir
Phone: 0534 380 08 92
Fax: 0534 380 08 92
Customer Services Phone: 0534 380 08 92

1.2. BUYER (“CONSUMER”)

Name/Surname/Title: [BuyerName] (Referred to as BUYER for short.)
Address: [BuyerAddress]
Phone: [RecipientPhone]
E-mail: [BuyerEmail]

ARTICLE 2- SUBJECT AND SCOPE

Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale, delivery and payment of the product, the features and sales price of which are specified in Article 3, which the BUYER ordered electronically from Yurkan's yurkan.com website and mobile application. It is the determination of the rights and obligations of the parties according to the law. This Distance Sales Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

ARTICLE 3 - PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

3.1. The type and type, quantity, brand/model, color, sales price including taxes (as quantity x unit price), payment method and basic characteristics of the products are as follows.

[Products]

3.2. Payment Method: [Payment Method]

3.3. Since forward sales are made only with credit cards belonging to banks, the buyer accepts that he will separately confirm the relevant interest rates and information regarding default interest from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes. It is your bank's discretion to provide loans and create a detailed payment plan.

3.4. Refund Procedure: In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the Consumer by the decisions of the Arbitration Committee, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:

a) Return Procedure for Credit Card Payment Options

If the purchase is made by credit card and in installments, the Bank repays the customer in installments depending on how many installments the BUYER purchased the product. After the SELLER pays the entire price of the product to the bank in one go, in case the installment expenditures made through the bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the holder's accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the customer will continue to pay the installments he paid before the refund for an additional month equal to the number of installments he paid before the return, after the installments of the sale are completed. will be deducted from its receivables and existing debts.

In case of returning goods and services purchased by card, the SELLER cannot pay the Customer in cash, in accordance with the contract made with the bank. In case of a refund, the member business, that is, Yurkan, will make the refund through the relevant software, and since the member business, that is, Yurkan, is obliged to pay the relevant amount to the bank in cash or on account, no cash payment can be made to the BUYER in accordance with the procedure we have explained above. The refund to the credit card will be made by the bank in accordance with the above procedure, after Yurkan pays the fee to the bank in one lump sum.

Additional installment applications of banks may vary depending on the bank to which the BUYER's card is connected. The SELLER cannot be held responsible in this regard.

BUYER acknowledges and undertakes that he has read and accepted this procedure.

b) Return Procedure for Money Transfer/EFT Payment Options

The refund will be made by wire transfer and EFT to the account specified by the BUYER (the account must be in the name of the person at the billing address or in the name of the user member) by requesting the BUYER's bank account information. SELLER pays the bank the entire price of the product at once. In case of return of goods and services purchased via money order/EFT, the SELLER cannot pay the BUYER in cash, in accordance with the contract made with the bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, no cash payment can be made to the BUYER in accordance with the procedure we have explained above.

BUYER acknowledges and undertakes that he has read and accepted this procedure.

3.5. Delivery Method and Address:

Delivery Address: [DeliveryAddress]
Delivery Person: [DeliveryPerson]
Invoice Address: [InvoiceAddress]
The delivery will be delivered by hand via the cargo company to the above mentioned address of the BUYER. (This condition does not apply to residential areas, villages, towns and islands far from the district centers where cargo companies do not deliver.) Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, the SELLER cannot be held responsible for any damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo back to the SELLER. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

The shipping fee is [KargoUcret] TL, and the shipping price is added to the total amount of the order and paid by the customer. It is not included in the product price.

ARTICLE 4 - CONTRACT DATE

These two copies of the contract, previously signed by the seller, have been accepted by the buyer on [OrderDate] and one copy will be sent to the buyer's e-mail address.

ARTICLE 5 - DELIVERY COSTS AND EXECUTION

Delivery costs belong to the BUYER unless otherwise stated. If the SELLER declares on the website and mobile application that the delivery fee will be covered, the delivery costs will belong to the SELLER. Delivery; It is done within the committed period after the stock is available and the price of the goods is transferred to the SELLER's account. SELLER delivers the Goods/Service within 30 (thirty) days from the order of the Goods/Service by the BUYER, provided that the fulfillment of the ordered Goods/Service becomes impossible. If the price of goods/services is not paid for any reason or is canceled in bank records, the Seller is deemed to be free from the obligation to deliver the goods/services.

ARTICLE 6 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER

BUYER accepts that he/she has read and informed the preliminary information uploaded by the SELLER regarding the basic characteristics of the Goods/Service subject to the Contract, the sales price and payment method, and the delivery and cargo cost on the website and mobile application and has given the necessary confirmation electronically. BUYERS, as Consumers, can submit their requests and complaints to the SELLER contact information above and/or to the communication channels provided by yurkan.com. By confirming this Agreement and the Preliminary Information Form electronically, the BUYER shall be informed of the address that must be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic features of the ordered Goods/Service, the price of the Goods/Service including taxes, payment and It also confirms that it has received accurate and complete delivery and delivery price information.

ARTICLE 7 - SELLER'S REPRESENTATIONS AND COMMITMENTS

The SELLER is responsible for delivering the Goods/Service subject to the Contract to the BUYER in accordance with the Consumer Legislation, in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the SELLER cannot deliver the Goods/Service subject to the contract within the period due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the BUYER within 3 (three) days from the date of learning of the situation. If the Goods/Service subject to the contract will 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 8 - RIGHT OF WITHDRAWAL

BUYER has the right to withdraw from this Distance Sales Agreement signed with SELLER within 30 (thirty) days without giving any reason and without paying any penalty. The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the BUYER or the third party designated by the BUYER receives the goods. However, the BUYER may exercise his right of withdrawal within the period from the establishment of the contract to the delivery of the goods. In determining the period of right of withdrawal;

a) For goods that are subject to a single order and delivered separately, the day when the BUYER or the third party designated by the BUYER receives the last goods,

b) For goods consisting of more than one piece, the day when the BUYER or the third party designated by the BUYER receives the last piece,

c) In contracts where regular delivery of the goods is made for a certain period of time, the day of initial delivery by the BUYER or the third party designated by the BUYER is taken as basis. You can make your withdrawal notification via the "ORDER TRACKING" page on yurkan.com before the right of withdrawal expires. You can find more detailed information on this page. https://yurkan.com/siparis-takibi/

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

a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.

b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of goods that can quickly deteriorate or expire.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the BUYER.

h) Contracts regarding services whose performance started with the approval of the BUYER before the right of withdrawal expires.

The right of withdrawal cannot be used in the following cases:

a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.

b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of goods that can quickly deteriorate or expire.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the CONSUMER.

h) Contracts regarding services whose performance started with the approval of the CONSUMER before the right of withdrawal expires.

ARTICLE 9 - GENERAL PROVISIONS

9.1- BUYER declares that he has read the preliminary information regarding the product subject to the contract on the yurkan.com website and has given the necessary confirmation electronically.

9.2. The product will be delivered within 30 days from the contract date at the latest. All responsibility belongs to the SELLER until the moment of delivery of the product.

9.3. If the product subject to the contract is to be delivered to another person/organization by the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

9.4. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

9.5. For the delivery of the product subject to the contract, the price of this contract must be paid by the payment method preferred by the BUYER. If the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.

9.6. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the product is delivered to the SELLER, provided that the BUYER has delivered it to him/her. or must be sent.

9.7. If the products, whether sold with a warranty certificate or not, are defective (defective, broken, etc.) or malfunction or break down within the scope and conditions of the warranty, the products in question can be sent to the SELLER for the necessary repair to be carried out by the authorized service, in which case the shipping expenses will be covered by the SELLER.

9.8. In order for the refund to be made in accordance with the general communiqué of the Tax Procedure Law No. 385, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing.

9.9. The Preliminary Information Form and the Distance Sales Agreement are considered as a preliminary protocol for the products whose sale is expected to be completed through official transactions to be carried out before the official authorities in accordance with the relevant legislation. The total price of these products and the method of payment will be specified in the relevant campaign terms and/or product descriptions, and this price does not include the expenses that will arise during the completion of the official sales transactions. These expenses will be paid by the BUYER during the performance of official transactions. These sales will be deemed completed when the total price is paid by the BUYER to the SELLER and the official procedures are completed before the official authorities. In this context, provisions such as the right of withdrawal, cargo / delivery and similar provisions that do not have any application area will not be valid for these products.

ARTICLE 10 - DEFAULT PROVISIONS

If the parties fail to fulfill the obligations of this contract, the Debtor's Default provisions in Articles 123-125 of the Turkish Code of Obligations will apply. In cases of default, if any party does not fulfill its obligations within the specified period without a justified reason, the other party will give 7 days to the non-performing party to fulfill the obligation in question. If it is fulfilled within this period, the party that does not fulfill its obligation will be deemed to be in default and the creditor has the right to demand the delivery of the goods and/or termination of the contract and refund of the price by demanding the performance of the obligation.

Pursuant to the last paragraph of Article 9 of the Regulation on Distance Contracts, if the seller Yurkan cannot fulfill his contractual obligations, claiming that the fulfillment of the goods or services subject to the order has become impossible (the situation where the product cannot be supplied from the Supplier Company in any way), he/she shall notify the consumer of this situation before the expiry of the contractual performance obligation. commits. In this case, Yurkan has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the customer and all documents that put him in debt, if any.

If Yurkan cannot deliver the product subject to the contract within the period due to force majeure that may prevent it from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, the BUYER declares that Yurkan has no responsibility in such cases. may exercise one of the rights to cancel the order or postpone the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid will be paid to him/her within the legal period. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER.)

ARTICLE 11 - DISPUTES AND COMPETENT COURT

In case of disputes regarding this contract; Turkish Courts are authorized and the applicable law is Turkish Law.

Valid within the borders of the Republic of Turkey, for disputes up to the value declared by the Ministry of Customs and Trade every year, the Provincial or District Consumer Arbitration Committees in the place where the CONSUMER transaction is made or where the CONSUMER's residence is located, and for disputes above the said value, in the place where the CONSUMER transaction is made or where the CONSUMER's residence is located. Consumer Courts will be competent.

SELLER: Yurkan TİCARET VE YATIRIM A.Ş.
BUYER: [RecipientName]
DATE: [OrderDate]

This site uses cookies. By continuing to browse the site you accept our use of cookies.