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DISTANCE SALES AGREEMENT

PRELIMINARY INFORMATION

 

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 - SELLER

Title: Fossil Technology Industry and Trade Limited Company

Address : Fatih Mh. 235 St. No:12 Inner Door No:4 Esenler / IST

Telephone : *****

Fax : ******

 

ARTICLE 1.2 - BUYER

The person who is a member of Fosil Teknoloji Sanayi ve Ticaret Limited Şirketi shopping site as a customer.  The address and contact information used while becoming a member are taken as basis.

 

ARTICLE 2 FEATURES OF THE PRODUCT SUBJECT TO SALE

The main features of the goods or services are located at Fosil Teknoloji Sanayi ve Ticaret Limited Şirketi. You can review the basic features of the product during the campaign.

 

The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

It consists of the type, quantity, brand/model, color, number of goods/products/services, sales price, payment method, information at the time the order is finalized.

 

The shipping fee, which is the shipping cost of the product, will be paid by the BUYER and is not refundable.

 

ARTICLE 3 GENERAL PROVISIONS

3.1) The BUYER declares on the website of *Fosil Teknoloji Sanayi ve Ticaret Limited Şirketi that he has read and learned the preliminary information about the basic characteristics, sales price and payment method of the product subject to the contract, as well as the delivery, and has given the necessary confirmation in electronic environment. BUYER; By confirming this Preliminary Information electronically, the SELLER confirms that it has obtained the address to be given to the BUYER by the SELLER before the conclusion of the distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely.

3.2) The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.

3.3) The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

3.4) The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

3.5) The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.

3.6) If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it notifies the consumer of this situation before the contractual performance obligation expires and returns the total price to the BUYER within 10 days.

3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

3.8) After the delivery of the product, if the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the credit card of the BUYER by unauthorized persons, which is not due to the fault of the BUYER, within 3 days, provided that the BUYER has delivered the product to him. must be returned to the SELLER within In this case, the shipping costs belong to the BUYER.

3.9) If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER may not be able to intervene in any way for the possible delays and it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. already accepting.

 

ARTICLE 4 RIGHT OF WITHDRAWAL

BUYER; In distance contracts for the sale of goods, the product (Excluding Concert and Event Tickets) can use its right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated. In distance contracts related to service provision, this period starts on the date of signing of the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.

 

In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 days and the product must not be used in accordance with the provisions of Article 5. If this right is exercised,

 

a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)

 

b) Return form,

 

c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.

 

d) The SELLER is obliged to return the total price and the documents that put the buyer under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.

 

e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of his fault.

 

f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.

 

g) The shipping cost paid while the product returned due to the right of withdrawal is sent back to the seller will be covered by the SELLER for domestic orders and by the BUYER for overseas orders.

 

h) The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

 

ARTICLE 5 PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

Goods that are prepared according to the wishes of the BUYER or clearly in line with his personal needs, that are not suitable for return due to their nature and that are in danger of spoiling quickly or that are likely to expire, and audio or video recordings, software programs and computer consumables, provided that the package has been opened by the BUYER. Refunds are not possible as per the regulation.

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value announced by the Ministry of Industry and Trade.

The SELLER can make its applications regarding complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where it has purchased the goods or services within the monetary limits determined by the TR Ministry of Industry and Trade in December every year. Information on the monetary limit is below:

 

Effective as of 1/1/2012:

 

   a) There will be evidence in upper or consumer courts that the decisions of arbitration committees for consumer problems in paragraphs 5 and 6 of the amended article 22 of the Law on Consumer Protection No. 4077 will be binding. The lower monetary limit for the

   b) In the third paragraph of Article 5 of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette dated 1/8/2003 and numbered 25186, in provinces with metropolitan status The lower monetary limit for the provincial arbitration committees operating in the province to deal with disputes is 3.032.65 TL.

 

This Preliminary Information is made for commercial purposes.

 

DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES

1.1 - SELLER

Title: Fossil Technology Industry and Trade Limited Company

Address : Fatih Mh. 235 St. No:12 Inner Door No:4 Esenler / IST

Telephone : ****

Fax : ****

E-mail address : *****

 

1.2 - BUYER

*A person who is a member of Fosil Teknoloji Sanayi ve Ticaret Limited Şirketi shopping site as a customer.

 

Address and contact information used while members shall prevail.

 

ARTICLE 2 - SUBJECT

The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website ******** It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.

 

ARTICLE 3 – CONTRACTING PRODUCT

It consists of the type, quantity, brand/model, color, number of goods/products/services, sales price, payment method, information at the time the order is finalized.

 

ARTICLE 4 - GENERAL PROVISIONS

4.1 The BUYER agrees on the website of Fosil Teknoloji Sanayi ve Ticaret Limited Şirketi that the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment and the delivery and its costs will be borne by the BUYER, the delivery period and the full trade name, full address and contact of the SELLER. declares that he has read the preliminary information about the information and has given the necessary confirmation in electronic environment.

 

BUYER; By confirming this contract electronically, it confirms that before the conclusion of the distance contracts, the address to be given by the Seller to the Consumer, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.

 

4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee regarding the delivery shown in Article 3 will be borne by the BUYER and will be reflected under the name of "Shipping Fee" on the invoice for his order.

 

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

 

4.4 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

 

4.5 The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

 

4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

 

4.7 If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, the SELLER informs the consumer of this situation before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.

 

4.8 For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

 

4.9 The BUYER accepts and undertakes that the credit card information he has defined in the system during shopping is correct, and that he bears all legal and penal liability arising from the use of this credit card. After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, provided that the product has been delivered to the BUYER within 3 days. It must be sent to the SELLER in In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, in case the product price is not charged to the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER bank accounts without any warning.

 

4.10 If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.

 

4.11 The points given to the customer by the SELLER through a campaign are valid for only one shopping. These points are non-refundable even if the product is returned.

 

In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER may not be able to intervene in any way for the possible delays and it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. already accepting.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw without having to show any reason within 14 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated.

 

However, the product cannot be returned for the products, campaigns and promotional products prepared, offered for sale and/or imported for certain days such as New Year's Day, holidays, mother's day; The BUYER accepts these conditions and carries out his shopping.

 

In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within 14 days and the product must not be used within the framework of the provisions of Article 6. If this right is exercised,

 

a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)

 

b) Return form,

 

c) The products to be returned within 14 days must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any. The product price is returned to the BUYER within 10 days following the receipt of these documents by the SELLER.

 

The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER for domestic orders and by the BUYER for overseas orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

 

When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records). will not be carried out, the product will be sent back to the BUYER in the same way, against payment. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.

 

ARTICLE 6 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

By its nature; Returns are not accepted for disposable products, copyable software and programs, products that deteriorate rapidly or have a potential to expire.

 

ARTICLE 7 - DEBT DEBT

In case the BUYER is in default, the BUYER agrees to pay the SELLER's loss and damage due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

 

ARTICLE 8 – AUTHORIZED COURT

 

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value announced by the Ministry of Industry and Trade.

The SELLER can make its applications regarding complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where it has purchased the goods or services within the monetary limits determined by the TR Ministry of Industry and Trade in December every year. Information on the monetary limit is below:

 

Effective from 28/05/2014;

 

a) Pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes with a value below two thousand Turkish Liras, district consumer arbitration committees, in disputes under three thousand Turkish liras, provincial consumer arbitration committees, and in metropolitan provinces, two thousand Turkish liras and three months It is obligatory to apply to the provincial consumer arbitration committees for disputes between one thousand Turkish Lira.

 

b) In case of disputes over the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, an application must be made to the Civil Courts of First Instance as a Consumer Court.

 

This preliminary information is made for commercial purposes.

 

 

Please Note: Before signing the cargo report, please check if your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo to the cargo officer without signing any documents related to the delivery. Your new products will be sent by us immediately. Fossil Technology Industry and Trade Limited Company is not responsible for the damage or deficiency of the products in the case of receiving the products with damaged cargo packages.

 

15. All of these terms and conditions are subject to Turkish Law.

Payment Methods

Payment Methods

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