terms of service
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
SELLER
Trade Name: ENERJİBİZ BİLİŞİM VE GIDA SANAYİ TİC. LTD. ŞTİ.
Address: Sultan Selim Mh Sultan Selim Cd No:1 Floor:5 Kağıthane İSTANBUL
Seller Mersis No: 0335043451900018
Seller E-Mail Address: info@umbiclub.com
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; Buyer's UMBI BİLİŞİM SANAYİ TİC. LTD. STI. ("UMBI")'s website with the domain name [www.umbiclub.com] ("Website"), the sale and delivery of the Goods/Services with the qualifications specified in the Contract, which the Seller has ordered electronically for the purchase of the Goods/Services. In accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts, the rights and obligations of the parties are determined. The conclusion of this Agreement will not prevent the performance of the provisions of the website membership agreements that the parties have individually concluded with UMBI. they declare.
ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT (VAT INCLUDED)
Product Code and Name Piece Seller Title Unit Price Unit Discount Coupon Point Total Sales Amount Maturity Difference Total Amount Including VAT
Shipping - Free Shipping
Advertised prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
Total product price excluding cargo:
Shipping Fee:
Total Price Including Cargo:
Payment Method and Plan:
Maturity Difference Taken:
Interest rate used in the Interest Rate calculation:
Delivery Conditions:
Delivery Address:
Delivery Person(s):
THE PRICE OF THE SUCH PRODUCT IS COLLECTED BY UMBI FROM THE BUYER ON BEHALF OF THE SELLER WITHIN THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS TO UMBI, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE TO THE SELLER.
ARTICLE 4 - DELIVERY AND DELIVERY METHOD
The contract has entered into force with the approval of the Buyer in electronic environment and is executed upon the delivery of the Good/Service purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement, and to the authorized person(s) specified.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Unless otherwise stated, the delivery costs of the goods belong to the Buyer. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the ordering of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible.If, for any reason, the Goods/Services fee is not paid by the Buyer or the payment is canceled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the Goods/Services
The order made by the Buyer after the Goods is delivered to the cargo by the Seller but before the Buyer receives it. Buyer is responsible for shipping costs in cancellations.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer receives the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the Goods/Services that are the subject of the Contract on the website. declares that he has read and has information and gives the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above and/or through the channels provided by the Web site. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Without the Buyer's inspection before receiving the Contracted Goods/Services; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the Goods/Services 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, after the delivery of the Goods/Services, the Buyer must have been delivered to him/her. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery expenses belong to the Buyer.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The Seller shall ensure that the Goods/Services subject to the Contract are sound, complete, in accordance with the qualifications specified in the order and, if any, in accordance with the Consumer Legislation, together with the warranty documents and user manuals, if any. is responsible for the delivery. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to someone other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Buyer may return the Goods/Services purchased within 14 (fourteen) days from the delivery date by using the right of withdrawal, without undertaking any legal or criminal liability and without giving any reason. Notification of the right of withdrawal and other notifications regarding the Contract will be sent through the communication channels of the Seller and/or specified on the website. In order to exercise the right of withdrawal, it is obligatory to notify the Seller in due time in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer returns the Goods to the Seller within 10 (ten) days from the use of the right of withdrawal. b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item.Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned as paid to the Buyer. As long as the goods to be returned are sent to the Seller with the contracted cargo company of the Seller specified in the preliminary information form, the return shipping cost belongs to the BUYER. In case the Buyer sends the Goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases: a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller (in the category of jewelry, gold and silver). b) In contracts for the delivery of goods that are prepared in line with the wishes of the consumer or clearly 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 c) Protective elements such as packaging, tape, seal, package after delivery from opened goods; d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Provided that the protective elements such as packaging, tape, seal, package are opened by the consumer, books, sounds or Agreements regarding image recordings, software programs and computer consumables f) Agreements regarding the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement g) Accommodation, transportation of goods, car rental, food and beverage supply and Contracts for the use of leisure time for entertainment or recreation h) Contracts for the performance of services related to betting and lottery ı) Contracts for services that are started with the consent of the consumer before the expiry of the right of withdrawal i) Instant performance in electronic environment In the contracts regarding the services rendered and intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (with regular deliveries of the seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence) In the case of goods/services (services in areas such as travel, accommodation, restaurant, entertainment industry), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller. Cancellation and return conditions of such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules.
ARTICLE 10 - RESOLUTION OF DISPUTES
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized in the place where the Buyer purchases the Goods or Services and where he or she resides, up to the value declared by the Ministry of Customs and Trade. . 68 of the Law on Consumer Protection No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 11 - PRICE OF THE GOODS/SERVICE
Although the cash or deferred sales price of the goods is included in the order form, it is the price included in the information mail sent at the end of the order and the invoice sent to the customer with the product. Discounts, coupons made by the seller or UMBI , shipping fee and other applications are reflected in the sales price.
ARTICLE 12 - STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer defaults on transactions made with a credit card, the cardholder shall pay interest within the framework of the credit card agreement made with the bank and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, if the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and UMBI, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, final and exclusive evidence, and that this article will be subject to Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of the article.
ARTICLE 14 - EFFECTIVENESS
This Agreement, which consists of 14 (fourteen) articles, was read by the Parties and concluded and entered into force by being approved by the Buyer electronically on the date the payment was made by the Buyer.
SELLER BUYER