PARTIES OF THE CONTRACT
Herein contract was entered by and between Acartek Teknoloji Çözümleri İç ve Dış Tic. with headquarters in İstanbul University Avcilar Campus R&D; Building B7 Avcılar İstanbul (referred hereinafter shortly as “Jumpsweat”) and ____________ with headquarters in ____________ (referred hereinafter shortly as “Customer”) within the frame on the following terms and conditions.
(Jumpsweat and Customer will be hereinafter referred each one separately as “Party” and jointly as “Parties”.)
SUBJECT OF THE CONTRACT
The subject of the contract herein, is the deviation of the rights and liabilities of the Parties according to the provisions of Law about the Protection of Consumers numbered 4077 and the Regulations about the Distance Sales Contracts numbered 27866 regarding the sales and delivery of the products of which properties and also the sales prices are given in the Contract (“Product(s)”) which were ordered by the Customer in the electronic environment from internet site named http://www.jumpsweat.com which belongs to the Jumpsweat and / or from the website http://www.jumpsweat.com under the roof of the aforesaid site.
GOODS OR SERVICES SUBJECT TO CONTRACT, PAYMENT AND DELIVERY
The type, quantity, brand, color and VAT incl. sale price of the Product or Products subject of the contract herein are as provided below:
|Price VAT incl.
|Order operation and delivery fees
|Promotion / Discount
|Total (VAT Incl.)
STATEMENTS, RIGHTS AND LIABILITIES OF THE PARTIES
The Customer hereby, accepts, declares and undertakes that the costs related to the basic properties of the Product or Products subject to the Contract herein, the sales price including VAT, the payment method, delivery, delivery term and the delivery expenses will be covered by the Customer, that the briefing form related to the full trade title, detailed address and communication information of Jumpsweat was read and acknowledged accurately and completely and that he granted the necessary approval in the electronic environment.
The Customer hereby accepts, declares and undertakes according to the contractual provisions that he acknowledges the basic properties, sales price, payment method, delivery terms and all the preliminary information of the Product or Products subject to sale and the waiver right and also that he has confirmed the said preliminary information in the electronic environment and then he has ordered the Product or Product.
The delivery of the Product or Product is made within the shortest possible time depending on the stock availability and after the transfer of the price to the accounts of Jumpsweat. Jumpsweat hereby accepts, declares and undertakes that will deliver the Product or Products to the delivery address of the Customer, stated in herein contract within 30 (thirty) days following the order.
Jumpsweat has reserved the right of extending for 10 (ten) day the delivery term with a written notification to be made to the Customer within 30 (thirty) days delivery term.
Jumpsweat, hereby accepts, declares and undertakes that it is responsible from delivery to the Customer of the Product or Products subject to Contract, completely and according to the properties stated on the order and together with the warranty papers and manuals, if any.
If Jumpsweat has declared that the delivery fee of those who order over the amount stated in the web site www.jumpsweat.com will be covered by the sender or there will be allowed free deliveries within the campaign, then the delivery expenses will be incurred by Jumpsweat.
The Customer shall inspect before accepting the delivery of the Product or Products subject to Contract; the Product or Products smashed, broken, with torn package or similar damages and defects will not be received from Cargo company.
The Customer hereby accepts, declares and undertakes that the Product or Products received from cargo company were delivered completely, undamaged and steady. The debt of preserving the Product or the Products with care after the delivery belongs to the Customer.
The Parties, hereby accept, declare and undertaking that in case the price of the Product or Products is not paid to Jumpsweat by the related bank or finance institution, after the delivery of the Product or Products, due to the usage of the credit card belonging to the Customer, by unauthorized parties unfair and against the law, but without the default of the Customer, the Customer is responsible from sending the Product or Products delivered to him within 7 (Seven) days to Jumpsweat and that the delivery costs which will occur in this case will be incurred by the Customer.
In case the price of the Product or Products is not paid or it is cancelled in the bank’s records, Jumpsweat will be relieved from the liability of the delivery of the Product or Products subject to herein Contract. In such cases, if the Product or Products were delivered to the Customer, this latter hereby accepts, declares and undertakes that he will deliver the Product or Products to within 7 (Seven) days to Jumpsweat.
The Parties hereby, accept, declare and undertake that in case the Product or Products are to be delivered to a person / establishment other than the Customer, Jumpsweat will not be held responsible from not receipt of the delivery by the person / established to whom/which the delivery will be made.
Jumpsweat may supply to Customer other Product or Products at the equal quality and price before the expiry of the execution term from the Contract, if case it has any right reasons. If, in its opinion Jumpsweat considers that the execution of the Product and Products becomes impossible, it will inform the Customer before the expiry of execution term of the Contract. The price paid and the documents, if any, will be returned to Customer within 10 (Ten) working days. The Product or Products sold with warranty certificate and which are damaged or broken, may be sent to Jumpsweat in order to be repaired as necessary within the warranty terms and in this case the delivery expenses will be incurred by Jumpsweat.
Jumpsweat cannot be held liable for non delivery of the Product or Products ordered, to the delivery address of the Customer stated in the Contract here, due to any kind of problems which may be incurred by the cargo company which will make the delivery.
Jumpsweat shall inform the Customer before expiry of the term of execution liability arising from herein Contract in case that it fails to fulfill its contractual liabilities due to incapacity of delivery of the Product or Products ordered, to the Customer.
In case Jumpsweat cannot deliver in time the Product or Products subject to Contract due to force major or extraordinary situations such as the adverse weather conditions which prevent the delivery or cut off of the transport, it is responsible from informing the Customer about the situation. In this case the Customer may exercise one of his rights of canceling the order, changing the Product or the Products with similar ones, if any, and / or deferring the same until the elimination of the situation preventing the delivery term. In case the Customer cancels the order, the amount paid will be paid back to him within 10 days in cash and as a lump sum.
In case the customer shops with credit card or by installments, the installment form specified in the Contract herein will be valid. The related provisions of the agreement signed between the customer and card owner bank will be applicable for operations of installment. The payment date of the credit card will be determined according to the provisions of the contract between the bank and customer. The customer may also the number and payments of the installments from the account statement sent by the bank.
The price of the product will be returned to the related bank within 7 days following the canceling by the Customer of the order, regarding the payments made by Customer with credit card. Following the return of this amount to the bank, the reflection of the amount to the Customer Accounts is completely related to the banking process and Jumpsweat cannot intervene in any way to this issue.
RIGHT OF WITHDRAWAL
The Customer is entitled to withdraw, without showing any reason within 7 (Seven) days as of delivery of the Product and Products to the delivery address stated in the Contract.
In order the exercise the right of withdrawal, Jumpsweat shall be notified within the said 7 (seven) days period by fax, telephone or e-mail and the Product or Products wanted to be returned, shall be unused within the frame of provisions of article 6 of the Contract herein and shall be resalable by Jumpsweat. In case the right of withdrawal is exercised:
The invoice of the Product or Products delivered to the delivery address stated by the Customer in herein Contract (if the invoice of the product or products wanted to be returned is corporate, the products shall be sent together with the return invoice arranged by the establishment while returning. The order returns of which invoice are arranged on behalf of establishments cannot be completed as long as RETURN INVOICE is not billed).
The Product or Products shall be delivered to Jumpsweat together with their cases, packages and standard accessories if any, and also undamaged.
The price of the Product or Products will be returned to Customer within 10 (ten) business days following the receipt by the Jumpsweat of those stated in article
The cargo expenses of the Product or Products returned within its term for whatsoever reason shall be covered by the Customer.
The original invoice which was submitted to Customer during the delivery shall be returned to Jumpsweat while returning the Product or Products. The return operation will not be performed in case the invoice is not sent to Jumpsweat together with the Product or Products or at latest within 5 (five) days as of sending date of the Product or Products and the Product or Products will be sent back to the Customer with reverse charge.
The phrase “return invoice” shall be written on the invoice to be returned and shall be signed by the Customer.
THE PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The return of the products of which in term of their qualities as single use products, reproducible software and programs, are perishable products or products of which the expiry date is close, is not accepted.
- The return of the following products depends on conditions of product to not have its package opened, altered and the product itself to not be used and tried.
- Every kind of Cosmetics
- Mayo, bikini
- Slippers, shoes,
- Every Kind of Personal Care Products
- Every kind of software and programs
- Books, magazines
- DVD, VCD, CD and cassettes
- Computer and stationery materials (toner, cartridge, tapes etc.)
CANCELING AND RETURN PROCEDURE
Canceling: Please notify Jumpsweat from email@example.com before sending the product you want to return.
Return: The Product returned by Customer is firstly examined by Jumpsweat. If it conforms to the terms stated in herein Contract, the return procedure is started. When the return is approved, the price of the product will be returned to the bank of credit card account of the Customer within 10 working days, which is the legal term. This term starts with the receipt of the product returned by Customer, by Jumpsweat. Reflection of this amount to Customer’s account following the returning to the related bank within 10 working days is completely related to the transaction process of the bank. Jumpsweat is not responsible from the extension of the return term by the bank, even the payment was made to the related bank by Jumpsweat within 10 working days.
The Customer has to notify Jumpsweat from firstname.lastname@example.org before sending the product wanted to be returned.
The returns have to be made certainly with the original package of the product. The Customer shall send to Jumpsweat all the copies and the original invoice you hold, together with the product he / she wants to return. The cargo fee of the Products wanted by returned by the Customer exercising the right of withdrawal will be covered by Customer.
The Consumer Arbitrage Commissions and the Consumer Courts at the residence place of Jumpsweat are authorized until the degree announced by Ministry of Industry and Trade, regarding the disputes arising under herein contract.
Herein Contract consists of 9 (nine) articles and 6 (six) pages and was entered into by the Parties on …………… The briefing form and the invoice located on the payment page of www.jumpsweat.com web site are integral parts of herein Contract. The parties hereby accept, declare and undertake that they have read this Contract entirely, they accept the same and the information stated by them within the content of herein contract are accurate and all the contractual provisions are enforceable and valid.