TERMS
of USE and MEMBERSHIP AGREEMENT
Article
1 – Parties To The Agreement
SELLER:
MADAR İNŞAAT TURİZM TEKNOLOJİ İÇ VE DIŞ TİCARET Limited Şirketi
Tax
No: 6100646443
Tax
Dep: Ikitelli
Adress:
Ikitelli OSB MAH. Giyim sanatkarlari iş ve ticaret merkezi 3. Ada c blok no:
622 Ikitelli OSB / Başakşehir
Email: info@
fiynda.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 website
www.bashasaray.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 “return”, 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 website www.bashasaray.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, and a copy of the same shall be sent to
the mail address of the Buyer via mail.
Article
4 – Delivery Of The Goods Of The Agreement AND Pattern Of Delivery
Goods/services shall be delivered to the BUYER at the 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 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 any 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 for
the 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 – Fee For Payment At The Door
Service with respect to payment at the door is a payment alternative made
available by the cargo company. For such a service, the cargo company is
charging and collecting service fees. Such service fee belongs to the cargo
company and is not refundable in the event of any return of the product. If you
do not want to pay any extra fee while purchasing your product, you are free to
prefer secure payment alternative via credit card and make your payments in a
secure manner without paying any extra service fee.
Article
7 – 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 from the cargo company. It shall be so deemed that any goods
taken from delivery are 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 return 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
8 – Presentations and Warranties Of The Seller
The Seller is responsible for 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
responsible for the person/entity to be delivered to declining from accepting
the delivery.
Article
9 – Characteristics Of The Goods Or Services
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 website
titled www.bashasaray.com, and as indicated on the invoice that is deemed an
integral part of this Agreement.
Article
10 – Price In Cash Of The Goods And Services
Cash price of the goods/services is included in the contents of such sample
invoice sent via mail at the end of the order placement and the actual invoice
forwarded to the Customer together with the product.
Article
11 – Time & Price
The price of the goods/services in accordance with the term granted for the
selling price of the goods/services is included in the contents of such sample
invoice sent via mail at the end of the order placement and the actual invoice
forwarded to the Customer together with the product.
Article
12 – Amount Of Advance Payment
Amount of advance payment with respect to the goods/services is included in the
contents of such sample invoice sent via mail at the end of the order placement
and the actual invoice forwarded to the Customer together with the product.
Article
13 – Right To Return/Refund Policy
The Buyer is entitled to use its right to return, within 14 days from the date
of delivery of the goods. For being entitled to use the right of return, it is
mandatory that within the same period as aforesaid, the buyer should notify the
customer services via e-mail or on the telephone and goods are not used/opened
and still in their original packaging.
In the event any such right is used, it is compulsory that the original invoice
pertaining to the goods delivered to the Buyer is required to be returned. The
buyer is responsible for any fees and charges regarding the return shipment. If
the original of the invoice is not forwarded, VAT and other legal obligations,
if any, are not possibly returned to the Buyer.
After The Seller inspects the goods recieved for complinig with this policy, a
refund would be issued in 15 business days.
Article
14 – Goods And Services For Which Right Of return 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. As
well as cosmetic materials, it is a prerequisite that the packing of such
goods/services are not opened, damaged and used.
Article
15 – 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.