Distance Sale Contract

DISTANCE SALE CONTRACT

THIS CONTRACT CONTAINS PROVISIONS RELATED TO THE PRODUCT YOU HAVE PURCHASED FROM THE WEBSITES WWW.BONHEIM.COM. UPON YOUR APPROVAL OF THE ORDER, YOU WILL HAVE ACCEPTED AND ACKNOWLEDGED TO BE BOUND BY THESE TERMS OF SALE. PLEASE REaAD CAREFULLY.

Article 1.

SCOPE

This subject matter of this Contract is to determine the rights and obligations of the parties under the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts announced in the Official Gazette dated 27.11.2014 and numbered 29188 in relation to the sale and delivery of the product, the qualifications and sales price of which are specified below, and which the PURCHASER has ordered electronically through the SELLER’s websites www.BONHEIM.com.

Article 2.

PARTIES

INFORMATION ON SELLER:

Title: NEFES TASARIM MEDYA DAN. SAN. VE TİC. LTD. ŞTİ.

Address: Çamlaraltı Mh. 2594 Sk. No:20/8 20160 Pamukkale Denizli Türkiye

Phone: +90 (506) 235 56 87

E-mail: INFO@BONHEIM.com

INFORMATION ON PURCHASER:

Person to Take the Delivery:

Delivery Address:

Phone:
Fax:
E-mail/User Name:

INFORMATION ON ORDERER (hereinafter to be referred to as “ORDERER”):

Name/Surname/Title:
Address:
Phone:
Fax:
E-mail/User Name:

The person who, as a customer, became a member of the websites www.BONHEIM.com. Address and contact information have been provided during registration to the website.

Article 3.

INFORMATION ON CONTRACTUAL PRODUCT

  • The type, quantity, model, color, number, sales price and mode of payment of the product are comprised of the information as at the finalization time of the order.
  • The basic qualifications (type, quantity, brand/model, color, number) of the Good/Product(s) are present in the website of the SELLER.
  • The prices listed and announced in the website are sales prices. The announced prices and promises are valid until updated and modified.
  • The sales price of the contractual product including all taxes are indicated in the following table.

Payment Mode and Plan:

Delivery Address:

Person to Take the Delivery:

Invoice Address:

Date of Order:

Delivery Date:

Delivery Mode:

Article 4.

GENERAL TERMS

  • The PURCHASER accepts, declares and undertakes that the PURCHASER has readthe preliminary information related to the basic qualifications, sales price, mode of payment and delivery of the contractual product in the websites www.BONHEIM.com and has knowledge and information on the same and has provided the necessary confirmation electronically. Through the electronical confirmation by the PURCHASER, the PURCHASER accepts, declares and undertakes that it accurately and completely obtained information as to the address, basic qualifications of the ordered products, price of the products including taxes, payment and delivery information that are required to be provided by the SELLER to the PURCHASER prior to the conclusion of the Distance Sale Contract.
  • For the deliveries to take place outside Turkey, the delivery cost is not included in the product price. The transportation cost of the product shall be paid by the PURCHASER additionally. The SELLER shall spare its best commercial efforts to send the product through an appropriate carrier and transporter.
  • The SELLER may change the products and their prices offered by the same in its website due to, including but not limited to, the change in the market conditions, non-continuance of the sale of the product, lack of product, change of prices by the producer or errors in advertisements thereof.
  • If the contractual product will be delivered to a person/institution other than the PURCHASER, the SELLER cannot be held responsible for the non-acceptance of the delivery by the person/institution to which the product would be delivered.
  • The SELLER is responsible for the delivery of the contractual product in a sound and complete manner and in accordance with the qualifications specified in the order.
  • For the delivery of the contractual product, it is requisite that the signed copy of the Contract has been received by the SELLER and the product price has been paid through the payment mode selected by the PURCHASER. If, for any reasons whatsoever, the product price is not paid or is cancelled in the bank records, the SELLER is deemed to have been relieved from the liability to deliver the product.
  • If, after the delivery of the product, the relevant bank or finance institution does not pay the product price to the SELLER due to the unjust or illegal use of the PURCHASER’s credit card by unauthorized persons in a manner not attributable to the fault of the PURCHASER, it is obligatory to send the product to the SELLER within 3 days provided that the product was delivered to the PURCHASER itself. In such a case, the transportation costs belong to the SELLER.
  • If the SELLER cannot deliver the contractual product in due of time because of force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, cut of transportation, the SELLER is liable to notify the PURCHASER accordingly within 3 days. In such a case, the PURCHASER may exercise one of its rights of the cancellation of order, replacement of the contractual product with its equal qualification, if any, and/or adjournment of the delivery term until the removal of the preventive situation. In case where the PURCHASER cancels the order, the amount paid by the PURCHASER will be paid to it within 14 days.
  • The PURCHASER should examine the product during its delivery from the carrier to the PURCHASER. In case of the existence of a visible defect in the product, the delivery of the product should not be taken and the product should be sent to the SELLER.
  • The defective product is the one that is contrary to the Contract due to the fact that at the time of the delivery to the PURCHASER, it is not in compliance with the sample or model agreed by the Parties or it does not bear the qualifications that should be possessed objectively. Also the products that do not possess one or more than one of the qualifications included in its package, label, introductory guide and users’ manual, internet portal or advertisement and announcement, that are contrary to the qualification declared by the SELLER or designated in its technical arrangement, that do not meet the intended use of the equivalent goods, that decrease or remove the benefits reasonably expected by the PURCHASER and that include material, legal or economical deficiencies are deemed as defective product. In case the product is defective, the PURCHASER is liable to immediately notify the SELLER. In such a case, the PURCHASER is entitled to claim rescission of contract also including the return of the price, the replacement of the product with a non-defective and fungible one if possible or price reduction pro rata to the defect or free-of-charge repair. The SELLER is liable to fulfil such claim preferred by the PURCHASER.
  • The Contract is deemed to have been concluded between the PURCHASER and the SELLER at the time the PURCHASER inserts its credit card information to the form included in the Website and places the order. The PURCHASER has, at all times, the right to access to the Preliminary Information Form and Distance Sale Contract through the Website.
  • The PURCHASER may make its claims and complaints related to the granted services to the mail or electronic mail address of the SELLER specified above.

The contractual product(s) shall be delivered to the PURCHASER or the person/institution at the address designated by the PURCHASER within the term explained in the preliminary information based upon the distance of the residential area of the PURCHASER for each and every product on the condition that the legal term of 15 days is not exceeded.

Article 5.

RIGHT OF WITHDRAWAL

The PURCHASER has the right of withdrawal within (14) days as of the delivery of the contractual product to the PURCHASER itself or the person/institution at the address designated by the PURCHASER, without the designation of any reasons and without the payment of penal sum. It is obligatory that for the exercise of the right of withdrawal, notification should be made to the SELLER to its following electronic mail address within the referred period of time or a written notification should be made and the product should not have been used within the framework of the provisions of the relevant article and its package should not have been opened. In case of the exercise of such right, it is obligatory to return the copy of the courier delivery report substantiating that the product delivered to the PURCHASER or third party has been sent to the SELLER as well as the original invoice. The SELLER is liable to return the received price, valuable paper and all and any kind of documents encumbering the consumer based upon such legal transaction within 14 days as of the date the withdrawal notice is received by the SELLER and to take the product back within 10 days. If the original invoice is not sent, VAT and other legal liabilities, if any, cannot be returned. The courier cost of the product returned on account of right of withdrawal shall be borne by the SELLER. Furthermore, the PURCHASER cannot exercise right of withdrawal in respect of products which were produced as per the special requests and demands of the consumer or which were turned into tailor-made through changes or additions thereon or products that are perishable by nature or products whose use age has passed and products related to food products, or, out of the products whose protective elements such as package, tape, seal, packing have been opened, the products whose return is not convenient in respect of health and hygiene. The carrier prescribed within the scope of right of withdrawal is Yurtiçi Kargo.

The PURCHASER can exercise right of withdrawal as follows.

Address: Çamlaraltı Mh. 2594 Sk. No:20/8 20160 Pamukkale Denizli Türkiye

or e-mail: INFO@BONHEIM.com

Article 6.

MISCALLENOUS

  • If the payment is effected via credit card or a similar payment card, the PURCHASER may claim the cancellation of the payment transaction on the ground that its card has been used without its consent and illegally. Therefore, the institution that has issued the card shall return the payment amount to the PURCHASER within 10 days as of the notification of the objection to such institution.
  • If the PURCHASER has any complaint in relation to its order and/or the product constituting the subject matter of the order and/or in any respect related to the order, it may notify its complaint to the SELLER by means of the aforementioned contact information or by means of the contact information specified in websites www.BONHEIM.com. The applications covering the complaint made by the PURCHASER shall be immediately recorded and the authorized units shall evaluate and endeavor to solve the same and shall revert back to the PURCHASER within the shortest period of time.
  • As to the implementation of this Contract, the Consumer Arbitration Committees, up to the value announced by the Ministry of Customs and Commerce, as well as the Consumer Courts at the residential area of the SELLER or PURCHASER have jurisdiction.
  • The SELLER is liable for the losses and damages to occur until the delivery of the product to the PURCHASER or a third party to be designated by the PURCHASER other than the carrier. In case the PURCHASER requests for the shipment of the product through a carrier other than the carrier designated by the SELLER, the SELLER is not responsible for the losses or damages that may occur as of the delivery of the product to the carrier designated by the SELLER.
  • The member violating one or few of the articles enumerated in this Contract is personally liable for such violation both criminally and legally and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, if any event based upon such violation is made subject to any legal act, the right of the SELLER to claim compensation from the member due to acting against the membership agreement is reserved.

YOU WILL BE BOUND ALSO BY THE FOLLOWING TERMS AND CONDITIONS IN RESPECT OF THE INTERNATIONAL PURCHASES YOU WILL MAKE THROUGH THE WEBSITES WWW.BONHEIM.COM. SINCE THE CONFIRMATION OF YOUR ORDER BY YOUR PARTY WILL IMPLY THAT YOU HAVE ACCEPTED THESE CONDITIONS, PLEASE READ THE SAME CAREFULLY.

- DELIVERY

Transportation and customs expenses are not included in the product prices. For the deliveries to be made outside Turkey, all transportation and customs expenses shall belong to the PURCHASER.

- TAXES

All and any type of taxes including VAT arising from the sale of product shall belong to the PURCHASER.

- DELAYS DURING RETURN

The PURCHASER is personally liable for exceeding the return period due to the delays arising from the transportation or customs during the product return process.

- WARNINGS

The PURCHASER accepts that with respect to the sales made to destinations outside Turkey, the there may not be manufacturer guarantee, product manuals, guaranty and security warnings may not be in the language of the destination country and the product and its supplements may not have been produced as per the standards of the destination country. Furthermore, the PURCHASER also guarantees that the importation of the purchased product to the destination country is legal.

- LIMITATION OF LIABILITY

The SELLER is not liable for the delays to occur due to the customs rules in the country to which the purchased product was imported. WITH RESPECT TO THE PURCHASED PRODUCT, THE SELLER DOES NOT GUARANTEE THAT THE PRODUCTS ARE GOOD FOR TRADE OR FIT FOR A PARTICULAR PURPOSE OR WILL MEET YOUR NEEDS. THE SELLER DOES NOT GIVE ANY EXPRESS OR IMPLIED GUARANTEES OTHER THAN THE ONES ENUMERATED HEREIN. ALL LIABILITY OF THE SELLER ARISING FROM THIS CONTRACT CAN IN NO WAY BE MORE THAN THE AMOUNT PAID TO THE SELLER.

- COMPETENT LAW

Exclusively Turkish Law shall apply to the settlement of all and any kind of disputes arising from international sales. Denizli Central Courts and Enforcement Offices shall have jurisdiction for the settlement of disputes.

The PURCHASER gives its consent to the SELLER to use the information such as its name-surname, phone number, TR ID number, address, e-mail address, date of birth requested during the order for the purpose of contacting with the PURCHASER when necessary also outside the purpose and scope specified in this contract or to store or process such information. The PURCHASER also consents to the transfer of personal data also to the firms, with which the SELLER cooperates, for carrying out researches in respect of the marketing techniques of the SELLER, database formation, market researches and communication-marketing activities and consents to the processing and use of such data by the referred firms. The PURCHASER accepts, declares and undertakes that within the scope of the Law No. 6698 on the Protection of Personal Data, it expressly consents to the transfer of personal data of members to the real and/or legal persons -with which the SELLER cooperates for referred purposes- and consents to processing and storage of the same.

The PURCHASER has the right to, at any time, apply to the SELLER as the Data Controller under the Law and to learn whether its personal data has been processed or not and to request information as to its processed personal data, if any, to learn the purpose of processing the personal data and whether such data were used in compliance with the purpose and has other rights within the scope of the Law No. 6698 on the Protection of Personal Data.