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This contract has been drawn up in
accordance with the Law No. 4077 on the Protection of the Consumer (TKHK)
Article 9/A and the Regulation on Distance Contracts, which came into effect
after being published in the Official Gazette dated 06.03. The provisions of
the contract in which the relevant articles of the Turkish Commercial Code and
the Code of Obligations will be applied instead of the provisions of the TKHK.
ARTICLE 1: PARTIES
SELLER
Title: KUME INC.
Address :
Sheridan, WY 82801
Telephone: +1 (309) 606-4305
Email : info@estakoyarns.com
BUYER (CONSUMER)
Name, Surname or Title: Member's Name
Address : Member's Address
Phone : The member's phone number
Mobile Phone: Member's Mobile phone number
Fax : Fax number of the member
E-mail: Member's e-mail address
ARTICLE 2: SUBJECT OF THE AGREEMENT
The subject of this contract is in
accordance with the provisions of the Law No. 4077 on the Protection of
Consumers and the Regulation on Distance Contracts, regarding the sale and
delivery of the products, whose qualities and sales prices are specified below,
which the SELLER sells to the BUYER electronically from the www.estakoyarns.com
website. regulate their rights and obligations.
The BUYER is informed about the basic
characteristics of the products subject to sale, sales prices, payment method,
delivery conditions, all preliminary information about the products in
question, the right of withdrawal and return conditions, confirms this
preliminary information in electronic environment and then orders the products.
accepts and declares in accordance with its provisions.
The preliminary information and information
form sent to the e-mail address approved by the consumer and registered in the
system while shopping at www.estakoyarns.com and the SELLER's sales invoice are
integral parts of this contract.
ARTICLE 3: CONTRACTUAL PRODUCT / SALE PRICE
/ DELIVERY INFORMATIO
The type and type, quantity, brand or
model, sales price, payment method, delivery person, delivery address, invoice
information and shipping fee of the product or products purchased by the member
electronically from the hobbyum.com e-commerce site are as seen in the forms
prepared before shopping. .
ARTICLE 4: RIGHT OF WITHDRAWAL
The SELLER makes the following commitment
to the BUYER, provided that it carries the title of Consumer.
"The consumer has the right to
withdraw from the contract by refusing the goods or services within seven days
from the date of receipt of the goods or the signing of the contract, without
undertaking any legal or penal liability and without giving any reason (and
without paying any penal clause), and that the consumer has the right to
withdraw from the contract as of the date of receipt of the withdrawal
notification to the seller or supplier. We are committed."
However, there is no right of withdrawal in
the contracts regarding the following goods/services, even if they have been
purchased in accordance with the relevant legal regulations, even if they have
not been used/used: goods (including those brought in); Goods such as
cosmetics, etc., and foodstuffs such as chocolate, etc., which are not suitable
for return due to their nature and which are in danger of spoiling quickly or
whose expiration date is likely to pass; Audio or video recordings, software
programs and computer consumables such as CDs, DVDs, unpacked by the consumer;
goods whose prices are determined in organized markets such as the stock
market; publications such as newspapers, magazines; betting and lottery related
services; In general, all services performed instantly in electronic
environment and all kinds of intangible goods delivered instantly to the
consumer. In addition, the services started to be performed within the period
of the right of withdrawal with the approval of the consumer and other
goods-services considered outside the scope of distance sales in accordance
with the relevant legislation.
In order to exercise the right of
withdrawal, a written notification must be given to the SELLER within the
specified 7-day period. (Written notification can also be made through a
continuous data carrier-remote communication tool such as registered letter
with return receipt, telegram, e-mail to info@estakoyarn.com) 'Fame; The
original invoice must be returned by filling in the return form sent to the
BUYER together with the invoice, and a copy of the cargo delivery report
indicating that it has been sent to the SELLER (in accordance with the tax
legislation).
If the original invoice is not sent, VAT
and other legal obligations, if any, cannot be refunded to the Buyer.
In addition, the products to be returned
must be delivered to the SELLER completely and undamaged, together with the
box, packaging, standard accessories, if any. The shipping cost of the product
returned using the right of withdrawal is borne by the BUYER.
During the return of the product delivered
to the BUYER to the SELLER, by filling in the return form sent to the BUYER
together with the invoice, reminding once again that it is necessary to return
the original invoice together with the product, with the example of the cargo
delivery report (in accordance with the tax legislation); Invoice of real
person merchants, capital companies, etc. It has been announced both on our
website and in the preliminary information form that order returns can only be
made by issuing a RETURN INVOICE. In this case, it will not be possible to
accept return requests unless a return invoice is issued.
In case the right of withdrawal is
exercised, the address to which the Consumer-BUYER will return the product is
the address of the SELLER specified in this contract.
If the Consumer-BUYER, who has the right of
withdrawal after the products are delivered to the courier by the SELLER, has
used this right;
If the order has not yet been delivered to
the cargo, the BUYER can cancel the order through the My Orders section, send his
request via e-mail (info@estakoyarns.com) or call the support line
+905542082114 during working hours on weekdays.
If the order has been delivered to the
cargo; By filling out the return form sent with the invoice, with a copy of the
invoice, Return Address: CUMHURIYET MAH. SAIR MEHMET AKIF ERSOY SK. ÖZGÜR APT
NO: 28 A IÇ KAPI NO: - ÜSKÜDAR/ ISTANBUL
TÜRKİYE address free of charge. In order for the products to be returned in a
healthy manner, the title WILL BE RETURNED on A4 Paper can be added to the shipment.
In order for the process to run smoothly, the Shipment code that can be
obtained from the cargo company should be kept. Care should be taken to ensure
that the products to be returned are properly packaged, that a "breakable
item" warning is made in terms of breakable items and that they are in
their original packaging. Adding an explanatory note to the returns will be
helpful in accelerating the return process.
The price of the Product is returned to the
BUYER within 10 days following the receipt of the above-written documents and
the Product to the SELLER in this way. The refund is made by way of a refund to
the credit card used by the BUYER during the order. Since the reflection of the
refund amount to the BUYER's accounts after the return to the Bank is entirely
related to the Bank's transaction process, the BUYER accepts in advance that it
will not be possible for the SELLER to intervene and take responsibility for
possible delays.
In the products for which the right of
withdrawal can be exercised, again in accordance with the legislation, if there
is a decrease in value caused by the changes and deteriorations in the goods
due to use other than the usual use, or in general, the consumer's defect, this
decrease in the value of the consumer, if there is an impossibility of return,
the value of the goods (the above sales price). ) must compensate the SELLER.
ARTICLE 5: TERM OF CONTRACT
The delivery of the product to the cargo
will be made within 5 working days at the latest from the date the order is
placed and the payment is received by the seller. This period may be extended
for another 10 days, provided that the consumer is notified in writing. If, for
any reason, the product price cannot be collected from the credit card, the
Seller is deemed to be relieved of its obligation to deliver the product. In
the event of non-existent or unforeseen force majeure at the time of order
confirmation on the internet, the seller will not be liable if he cannot
fulfill his performance. If this force majeure lasts more than 15 days, each
party will have the right to terminate the contract unilaterally.
ARTICLE 6: AGREEMENT DATE
This contract, which was previously signed
by the Seller, has been sent to the BUYER by sending it to the e-mail address
he provided while registering to the system. The date approved electronically
is also the date of the contract.
ARTICLE 7: GENERAL PROVISIONS
1. The BUYER shall declare that he/she has
received, read and informed about the basic characteristics of the products
displayed on the website of www.estakoyarns.com, the sales price including all
taxes and the payment method, the delivery/delivery cost, the right of
withdrawal and the terms of use, and that he/she has been informed about the
sales in the electronic environment. accepts that it has given the necessary
confirmation-approvals.
2. The color and number alternatives of the
products displayed on www.estakoyarns.com are limited to the stock held by the
SELLER. The color and number combination of the product chosen by the BUYER may
have been ordered by another user before the BUYER's order. Orders will be
evaluated according to the order in which they are sent to the SELLER. In
parallel, the color and number combination of the product chosen by the BUYER
may not be available in the SELLER's stocks. In such a case, the BUYER can
choose alternative products or request a refund if they have paid.
3. The product subject to the contract,
provided that it does not exceed the legal 30-day period (and an additional
10-day period with the BUYER's prior notification), for each product, depending
on the distance of the BUYER's residence, the information and e-mail announced
on the address www.estakoyarns.com The preliminary information sent to the
address and the information form are delivered to the BUYER by the courier
company with which the SELLER has an agreement, within the period described in
the information form. The SELLER sends and delivers the products it sells to
the BUYERS through CARGO companies.
3. In general, unless otherwise stated, the
delivery costs (shipping fee, etc.) belong to the BUYER.
4. In the event that the BUYER is not
present at the address at the time of cargo delivery, the SELLER shall be
deemed to have fulfilled its obligation fully and completely. In the event that
there is no one to take delivery at the address, it will be the BUYER's
responsibility to contact the cargo company and follow up the shipment of the
products.
In these cases, any damages arising from
the late delivery of the Product by the BUYER and the expenses incurred due to
the fact that the Product has been waiting in the cargo company and/or the
cargo is returned to the SELLER shall also belong to the BUYER.
5. The BUYER is responsible for checking
the Product as soon as it is received and when he sees a problem in the Product
caused by the cargo, not accepting the Product and keeping a report to the
CARGO company official. Otherwise, the SELLER will not accept responsibility.
Invoice and waybill control: Invoice and
waybill are sent outside of the cargo box, in a transparent adhesive tape. In
case the invoice and/or waybill is not on the package, you must write a report
to the cargo officer and contact us via the registered e-mail or telephone
numbers on the site. In this case, the invoice and/or the waybill will be sent
by mail as the original, stamped.
When the cargo is delivered to the BUYER,
if there is crushing, deformation, wetness or any condition that may damage the
product, the condition of the products should be checked by opening the parcel
with the cargo officer. In case of damage to the products, the BUYER must not
take delivery of the products and ask the cargo officer to keep a report. If
the cargo has not been accepted and the said report has been kept, the
situation should be reported to the seller as soon as possible using the
communication tools specified in the contract, together with the copy of the
report remaining with the buyer.
The products received from the cargo by the
BUYER without the control of the cargo and the aforementioned report shall be
deemed to be undamaged and intact.
The products received without objection by
the BUYER without a record from the cargo shall be deemed to be undamaged and
intact.
In particular, glass products broken,
cracked, etc. In order for the return and exchange requests due to complaints
to be taken into account, the BUYER should definitely open the package and
check it while receiving the product from the cargo and check for any broken,
scratched, cracked, etc. The product with a problem should not be received from
the cargo, and it should be returned to the SELLER by keeping a record.
Otherwise, the product received from the cargo broken, scratched, cracked, etc.
complaints will not be taken into account, the product received without
objection from the cargo will be accepted as undamaged and intact, and there
will be no broken, scratch, crack etc. Complaints will not be considered.
6. Unless otherwise stipulated in writing
by the SELLER, the BUYER must have paid the price in full before receiving the
Product. If the price of the product is not fully paid to the SELLER for any
reason, the SELLER may unilaterally cancel the contract and not deliver the
Product.
If, for any reason, after the delivery of
the product, the Bank/financial institution to which the credit card is
processed does not pay the Product price to the SELLER, the Product shall be
returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER's
expense. All other contractual-legal rights of the SELLER, including the
follow-up of the Product price without accepting the return, are reserved
separately and in any case.
It should be especially noted that; Credit
card, installment card etc. of which the BUYER owns the sales price. All
facilities provided by these cards are credit and/or installment payment
opportunities provided directly by the card issuer; Product sales realized within
this framework and for which the SELLER collects the price all at once or step
by step, are not sales on credit or installments for the parties of this
Agreement and are cash sales.
7. If the product cannot be delivered
within the legal 30-day period and the delay exceeds 10 days due to
extraordinary circumstances (such as adverse weather conditions, heavy traffic,
earthquake, flood, fire) other than the normal sales/delivery conditions, the
SELLER shall be responsible for the delivery. informs the BUYER. In this case,
the BUYER can cancel the order, order a similar product or wait until the end
of the extraordinary situation.
If the product price is collected in order
cancellations, it is returned to the BUYER within 10 days from the
cancellation. Refunds are made by way of a refund to the BUYER's credit card.
Since the reflection of this amount on the BUYER's accounts after the return of
this amount to the bank is entirely related to the Bank's transaction process,
the BUYER accepts in advance that it will not be possible for the SELLER to
intervene and take responsibility for possible delays. If it is understood that
it cannot be supplied, it can supply another good/service of equal quality and
price by informing the BUYER and by obtaining his approval, and it is deemed to
have fulfilled its contractual commitment in this way. In cases where the BUYER
does not approve on the internet, the provisions regarding the cancellation of
the order are applied.
9. The BUYER may notify the SELLER about
his requests and complaints regarding the product and sale through the SELLER
communication channels in the preamble of the Contract.
10. This Agreement, which has been approved
by the BUYER after receiving the preliminary information and confirming it on
the internet, is in effect until the parties fulfill their payment/delivery
obligations arising from the Agreement, without prejudice to the relevant
provisions.
11. If the BUYER intends to use the right
of withdrawal, he should not use the product and return the invoice.
12. Persons under the age of 18 and
restricted persons cannot shop from www.estakoyarns.com.
13. For wholesale orders, the wholesaler
who placed the order is responsible for paying the warehouse fee.
Article 8: EVIDENCE AGREEMENT AND AUTHORIZED
COURT
SELLER records (including records in
magnetic media such as computer-sound recordings) constitute conclusive
evidence in resolving any disputes that may arise from this Agreement and/or
its implementation;
If the BUYER is also a consumer within the
framework of the provisions of the law numbered 4077; If it wishes, it can file
its applications regarding complaints and objections in accordance with the
relevant articles of the Law No. 4077 on the Protection of Consumers and in the
T.C. Within the monetary limits determined by the Ministry of Customs and Trade
in December every year, they can make the decisions to the Consumer Problems
Arbitration Committee or the Consumer Court in the place where the consumers
purchased the goods / services or where they reside. For BUYERS who do not have
the title of consumer, legal remedies will be available within the framework of
the provisions of the Turkish Commercial Code and the Code of Obligations.
Article 9: CONFIRMATION OF THE CONTRACT
The BUYER declares that he has read all the
conditions and explanations written in this Contract and in the pre-information
form of the order-contract which is its integral part, the basic
characteristics of the Products subject to sale, sales price, payment method, delivery
conditions, etc. All preliminary information about the product subject to sale
and the right of withdrawal are informed beforehand, that the preliminary
information is sent to the e-mail registered in the system, in addition to
seeing and confirming the preliminary information in the electronic environment
at www.hobium.com, so that by giving confirmation-approval to all these in
electronic environment, order and delivery of the product. declares that it
accepts the terms of this Agreement.