ARTICLE 1: PARTIES
Within the scope of this agreement, the BUYER is the person who places an order from the website www.trakiancymbals.com. The address and contact information of the BUYER used when becoming a member or placing an order will be taken as basis.
ARTICLE 2 DELIVERY
2.1) For orders placed by PAYMENT ON DELIVERY, everyone who accepts this agreement is deemed to have declared in advance that they will receive their order in full. For orders that are not delivered, the SELLER may claim legal rights from the BUYER.
2.2) The SELLER tries to send its shipments to the regions where Sürat, Yurtiçi, Mng, Ptt and Aras Cargo branches are located within one week at the latest, but in some regions there may be delays due to cargo. trakiancymbals.com is not responsible for delays or non-delivery.
ARTICLE 3 DELAY INTEREST
3.1) Since the payment will be made in cash or by credit card, no delay interest will be applied by the SELLER.
ARTICLE 4 GENERAL PROVISIONS
4.1) BUYER declares that he/she has read and informed the preliminary information regarding the basic characteristics of the product subject to the contract, sales price and payment method and delivery on the website www.trakiancymbals.com and has given the necessary confirmation electronically. BUYER; By confirming the Preliminary Information electronically, before the conclusion of distance contracts, the SELLER confirms that the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the Turkish Lira price of the products including taxes, and the payment and delivery information are obtained accurately and completely.
4.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period explained 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.
4.3) Shipping fee will be paid by the BUYER. The SELLER cannot be held responsible for the ordered product not being delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
4.4) The 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.
4.5) The SELLER may supply a different product of equal quality or price or cancel the order with the BUYER’s knowledge by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.
4.6) If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the product or service subject to the order, it shall notify the consumer of this situation before the contractual performance obligation expires and return the total price to the BUYER within a period of 10 days.
4.7) For the delivery of the product, the Preliminary Information Form must be confirmed electronically. If the product price 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 product.
4.8) 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 BUYER will keep the product within 3 days, provided that it has been delivered to him. must return it to the SELLER within In this case, shipping costs belong to the BUYER.
4.9) If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of his rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the total amount paid will be paid in cash and in lump sum within 10 days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER’s accounts after the return to the bank is entirely related to the bank transaction process, the BUYER acknowledges that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank. already accepts it.
ARTICLE 5 RIGHT OF WITHDRAWAL
BUYER; In distance contracts for the sale of goods, the right to withdraw from the contract can be exercised by rejecting the goods within 7 (seven) business days from the date of delivery of the product to itself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification. In distance contracts for service provision, this period starts on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, the SELLER must be notified by registered mail, fax or e-mail within 7 business days and the product must not have been used within the framework of the provisions of Article 6. If this right is exercised,
a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, along with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the buyer into debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days.
e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to the fault.
f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
ARTICLE 6 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared in line with the BUYER’s wishes or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire, and audio or video recordings, software programs and computer consumables, provided that their packaging has been opened by the BUYER. Refund is not possible due to the Regulation.
ARTICLE 7 COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where he resides are authorized, up to the value declared by the Ministry of Industry and Trade.
SELLER can submit his/her complaints and objections to T.R. Within the monetary limits determined by the Ministry of Industry and Trade in December every year, the consumer may submit his/her problems to the arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides. Information regarding the monetary limit is below.
Effective as of 1/1/2012:
a) The lower monetary limit indicating that there will be evidence in the higher or consumer courts that the decisions of the arbitration committees on consumer issues in the 5th and 6th paragraphs of the amended Article 22 of the Consumer Protection Law No. 4077 will be binding is 1,161.67 TL,
b) In the third paragraph of the 5th article of the Consumer Problems Arbitration Committees Regulation published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized to hear disputes is 3.032, It is 65 TL.
This Agreement has been made for commercial purposes.