ARTICLE 1 - SELLER INFORMATION
ARTICLE 1.1 – SELLER Title: Bamost LLC Address: Adnan Kahveci Neighbourhood Yavuz Sultan Selim Street
No:29/46 Beylikduzu/İstanbul 34528
Adnan Kahveci Neighbourhood Yavuz Sultan Selim Street
No:29/46 Beylikduzu/İstanbul 34528 Telephone: 850 346 59 57
ARTICLE 1.2 - BUYER
The person who is a member of the bamost.com shopping site
as a customer. Address and contact information used while members shall
prevail.
ARTICLE 2 - FEATURES OF THE PRODUCT SUBJECT TO SALE
The basic features of the goods or services can be found at
mugo.com.tr. You can review the basic features of the product during the
campaign.
Prices listed and announced on the site are sales prices.
Advertised prices and promises are valid until they are 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.
ARTICLE 3 - GENERAL PROVISIONS
3.1) The BUYER declares on the bamost.com website that he
has read the preliminary information about the basic characteristics, sales
price, payment method and delivery of the product subject to the contract and
has given the necessary confirmation in electronic environment. BUYER; By
confirming this Preliminary Information in electronic environment, the SELLER
confirms that it has obtained the address to be given to the BUYER by the
SELLER, the basic features of the ordered products, the price of the products
including taxes, payment and delivery information correctly and completely before
the conclusion of the distance contracts. 3.2) 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. 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 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, 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 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. 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 in 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 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 the BUYER's 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 when returning the product
returned due to the right of withdrawal to the seller will be borne 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, 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, up to
the value announced by the Ministry of Industry and Trade. The SELLER submits
its applications regarding complaints and objections to the T.C. Within the
monetary limits determined by the Ministry of Industry and Trade in December
every year, the consumer can bring the problems to the arbitral tribunal or the
consumer court in the place where he/she purchases the goods or services or
where he/she resides. Information on the monetary limit is below:
Effective as of 1/1/2012:
a) The lower monetary limit of 1.161,67 TL, which will prove
that the decisions of the arbitration committees for consumer problems in the
5th and 6th paragraphs of the amended Article 22 of the Law No. 4077 on the
Protection of the Consumer will be binding in the upper or consumer courts, b)
dated 1/8/2003 and in the third paragraph of Article 5 of the Regulation on
Arbitration Committees for Consumer Problems published in the Official Gazette
No. 25186, the lower monetary limit for the provincial arbitration committees
operating in provinces with metropolitan status to be responsible and
authorized to deal with disputes is 3.032.65 TL.
This Preliminary Information is made for commercial
purposes.
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties
within the framework of the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as "BUYER"
in the contract)
B. 'BAMOST LLC.'; (hereinafter referred to as "SELLER" in the
contract)
ADDRESS: Adnan Kahveci Neighbourhood Yavuz Sultan Selim
Street No:29/46 Beylikduzu/İstanbul 34528
By accepting this contract, the BUYER accepts in advance
that if the subject of the contract approves the order, he will be under the
obligation to pay the price of the order and the additional fees, if any, such
as shipping fee and tax, and that he has been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this contract, the
terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation
(OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than
the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within
the scope of its commercial or professional activities or acts on behalf of or
on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or
benefits from a good or service for commercial or non-professional purposes,
SITE: BAMOST - The website of Bamost,
ORDERING PERSON: The natural or legal person who requests a
good or service through the website of Bamost Tekstil Dış Ticaret Limited
Şirketi,
PARTIES: Bamost LLC and the
BUYER,
AGREEMENT: This contract concluded between Bamost LLC and the BUYER,
GOODS: It refers to the movable goods that are the subject
of shopping and the software, sound, image and similar intangible goods
prepared for use in the electronic environment.
3. SUBJECT
This Agreement, regarding the sale and delivery of the
product, whose qualities and sales price are stated below, which the BUYER has
ordered electronically through the website of Bamost LLC, is in accordance with the provisions of the Law No. 6502 on
the Protection of the Consumer and the Regulation on Distance Contracts.
regulate its obligations.
Prices listed and announced on the site are sales prices.
Advertised prices and promises are valid until they are updated and changed.
Prices announced for a period of time are valid until the end of the specified
period.
4. SELLER INFORMATION
Title: Bamost LLC
ADDRESS: Adnan Kahveci Neighbourhood Yavuz Sultan Selim
Street No:29/46 Beylikduzu/Istanbul
34528
Phone : 0850 346 59 57
Email : iletisim@bamost.com
5. BUYER INFORMATION
Person to be delivered (USER)
Delivery Address (USER)
Phone (USER)
Fax(USER)
Email/username(USER)
6. ORDERING PERSON INFORMATION
Name/Surname/Title (USER)
Address (USER)
Phone (USER)
Fax (USER)
Email/username (USER)
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service
(type, quantity, brand/model, color, number) are published on the website of
BAMOST If the campaign is organized by BAMOST, you can review the basic
features of the relevant product during the campaign. Valid until the campaign
date.
7.2. Prices listed and announced on the site are sales
prices. Advertised prices and promises are valid until they are updated and
changed. Prices announced for a period of time are valid until the end of the
specified period.
7.3. The sales price of the goods or services subject to the
contract, including all taxes, is shown below.
Product Description PieceUnit Price Subtotal
(VAT included)
Shipping Amount
Total :
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
delivery date
Delivery method
7.4. The shipping fee, which is the shipping cost of the
product, will be paid by Bamost LLC.
8. INVOICE INFORMATION
Name/Surname/Title (USER)
Address (USER)
Phone (USER)
Fax (USER)
Email/username(USER)
Invoice delivery: During the delivery of the invoice order,
to the invoice address together with the order.
It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has
read the preliminary information about the basic characteristics, sales price,
payment method and delivery of the product subject to the contract on the
website of BAMOST LLC., is informed and gives the
necessary confirmation in the electronic environment. BUYER's; Confirming the
Preliminary Information in electronic environment, accepting that before the
establishment of the distance sales contract, the address that must be given to
the BUYER by BAMOST, the basic features of the ordered products, the price of
the products including taxes, payment and delivery information are correct and
complete, and commits.
9.2. Each product subject to the contract is delivered to
the person and/or organization at the address indicated by the BUYER or the
BUYER within the period specified in the preliminary information section of the
website, depending on the distance from the BUYER's place of residence,
provided that it does not exceed the legal period of 30 days. If the product
cannot be delivered to the BUYER within this period, the BUYER reserves the
right to terminate the contract.
9.3. BAMOST , To deliver the product subject to the contract
completely, in accordance with the qualifications specified in the order, and
with the warranty documents, user manuals, if any, with the information and
documents required by the job, free from all kinds of defects, in accordance
with the requirements of the legal legislation, in accordance with the
standards, to do the job with accuracy and honesty. It accepts, declares and
undertakes to perform in accordance with the principles, to maintain and
increase the quality of service, to show the necessary care and attention
during the performance of the work, to act with prudence and foresight.
9.4. Bamost LLC may supply a
different product with equal quality and price, by informing the BUYER and by
obtaining his explicit approval, before the contractual performance obligation
expires.
9.5. Bamost LLC accepts,
declares and undertakes that if the fulfillment of the product or service
subject to the order becomes impossible, he will notify the consumer in writing
within 3 days from the date of learning of this situation, and that he will
return the total price to the BUYER within 14 days. it does.
9.6. The BUYER accepts, declares and declares that he/she
will confirm this Agreement electronically for the delivery of the product
subject to the contract, and that if for any reason the price of the product
subject to the contract is not paid and/or canceled in the bank recordsBamost LLC's obligation to deliver the product subject
to the contract shall end. commits.
9.7. The BUYER, after the delivery of the product subject to
the contract to the person and/or organization at the address indicated by the
BUYER or the BUYER, if the BUYER's credit card is not paid to Bamost LLC by the relevant bank or financial institution as a
result of the unfair use of the BUYER's credit card. It accepts, declares and
undertakes that it will return the product subject to the contract to BAMOST within 3 days at the expense of BAMOST
9.8. BAMOST LLC accepts, declares and undertakes
that if he cannot deliver the product subject to the contract in due time due
to force majeure situations such as the occurrence of unforeseen circumstances
that prevent and / or delay the fulfillment of the debts of the parties, which
develop out of the will of the parties, he will notify the BUYER. . The BUYER
also has the right to request from BAMOST to cancel the order, replace the
product subject to the contract with its precedent, if any, and/or delay the
delivery period until the obstacle is removed. In case the order is canceled by
the BUYER, the product amount is paid to him in cash and in full within 14 days
in the payments made by the BUYER in cash. In the payments made by the BUYER by
credit card, the product amount is returned to the relevant bank within 14 days
after the order is canceled by the BUYER. BUYER, BAMOST, the average process
for the bank to reflect the amount returned to the credit card to the BUYER's
account may take 2 to 3 weeks. BAMOST - accepts, declares and undertakes that
it cannot hold Bamost LLC responsible.
9.9. BAMOST - Communication via letter, e-mail, SMS, phone
call and other means of Bamost LLC’s address,
e-mail address, fixed and mobile phone lines and other contact information
specified by the BUYER in the registration form on the site or updated later by
him. has the right to reach the BUYER for marketing, notification and other
purposes. By accepting this contract, the BUYER accepts and declares that
BAMOST may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services
before receiving them; dented, broken, torn packaging, etc. damaged and
defective goods / services will not be received from the cargo company. The
received goods/services shall be deemed to be undamaged and intact. The
responsibility of carefully protecting the goods/services after delivery
belongs to the BUYER. If the right of withdrawal is to be used, the
goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during
the order are not the same person, or if a security vulnerability is detected
regarding the credit card used in the order before the product is delivered to
the BUYER, BAMOST will send the identity and contact information of the credit
card holder to the previous month of the credit card used in the order. may
request from the BUYER to present the statement of the card holder or the
letter from the bank of the card holder stating that the credit card belongs to
him. The order will be frozen until the BUYER provides the
information/documents subject to the request, and if the aforementioned
requests are not met within 24 hours, BAMOST has the right to cancel the order.
9.12. The BUYER declares that the personal and other
information provided while subscribing to the website belonging to BAMOST is
true to the truth, and that all damages incurred by BAMOST due to the
inaccuracy of this information, shall be paid immediately, in cash, upon the
first notification of BAMOST. and declares and undertakes that he will
indemnify himself once and for all.
9.13. The BUYER accepts and undertakes from the beginning to
comply with the provisions of the legal legislation and not to violate them
when using the website of BAMOST Otherwise, all legal and penal liabilities
that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the website of BAMOST in any way that disrupts public order,
violates general morality, disturbs and harass others, for an unlawful purpose
and infringes on the material and moral rights of others. In addition, the
member cannot engage in activities (spam, virus, trojan horse, etc.) that
prevent or make it difficult for others to use the services.
9.15. BAMOST website may be linked to other websites and/or
other content that is not under BAMOST control and/or owned and/or operated by
other third parties. These links are provided for the purpose of providing ease
of orientation to the BUYER and do not support any website or the person who
operates that site and do not constitute any guarantee for the information
contained in the linked website.
9.16. The member who violates one or more of the articles
listed in this contract is personally liable criminally and legally for this
violation and will exclude BAMOST from the legal and penal consequences of
these violations. Moreover; BAMOST reserves the right to claim compensation
against the member for non-compliance with the membership agreement, in case
the incident is referred to the legal field due to this violation.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract relates
to the sale of goods, the right to withdraw from the contract by rejecting the
goods without any legal or criminal responsibility and without giving any
reason, provided that BAMOST informs him within 14 (fourteen) days from the
date of delivery of the product to himself or the person/organization at the
address indicated. can use. In distance contracts related to service provision,
this period starts from the date of signing the contract. Before the expiry of
the right of withdrawal, the right of withdrawal cannot be exercised in 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 BAMOST. By accepting this contract, the BUYER accepts in advance that he has
been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a
written notice must be given to BAMOST by registered mail, fax or e-mail within
14 (fourteen) days, and the product must not be used within the framework of
the provisions of the "Products for which the Right of Withdrawal Can Be
Used" regulated in this contract. 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) BAMOST 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 a
fault of the BUYER or if the return becomes impossible, the BUYER is obliged to
compensate the damages of BAMOST at the rate of the defect. However, the BUYER
is not responsible for the changes and deteriorations that occur due to the
proper use of the goods or products within the period of the right of
withdrawal.
f) In case of falling below the campaign limit amount set by
BAMOST due to the exercise of the right of withdrawal, the discount amount used
within the scope of the campaign will be cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF
WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials,
disposable products, goods that are in danger of spoiling quickly or that are
likely to expire, which are prepared in line with the BUYER's request or
clearly personal needs and are not suitable for return, are delivered to the
BUYER. Products that are not suitable for return in terms of health and hygiene
if their packaging is opened by the BUYER after delivery, products that are
mixed with other products after delivery and cannot be separated due to their
nature, Goods related to periodicals such as newspapers and magazines, except
those provided under the subscription agreement, Instant performance in
electronic environment The services provided or the intangible goods delivered
immediately to the consumer, as well as audio or video recordings, books,
digital content, software programs, data recording and data storage devices,
computer consumables, cannot be returned if the package has been opened by the
BUYER as per the Regulation. In addition, before the expiry of the right of
withdrawal, it is not possible to exercise the right of withdrawal regarding the
services that have been started with the approval of the consumer, in
accordance with the Regulation.
In order for cosmetics and personal care products, underwear
products, swimwear, bikinis, books, reproducible software and programs, DVD,
VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.)
to be returned, their packages are unopened, untested, intact. and they must be
unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will
pay interest within the framework of the credit card agreement between the
cardholder bank and the bank and be liable to the bank in case of default in
the case of making the payment transactions with a credit card. 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, the BUYER accepts, declares and
undertakes that he will pay the loss and damage suffered by BAMOST due to the
delayed performance of the debt, in case the BUYER defaults due to its debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this
contract, consumer problems in the place of residence of the consumer or where
the consumer transaction is made, within the monetary limits specified in the
law below, will be made to the arbitral tribunal or the consumer court.
Information on the monetary limit is below:
As of 01/01/2017, the value in applications to be made to
consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes
under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes
between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three
thousand six hundred and ten) Turkish Liras in provinces with metropolitan
status,
c) Provincial consumer arbitration committees in disputes
under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers
of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been
appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras
and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of
provinces that are not in metropolitan status.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the
Site, it is deemed to have accepted all the terms of this contract. BAMOST is
obliged to make the necessary software arrangements to obtain confirmation that
this contract has been read and accepted by the BUYER on the site before the
order is fulfilled.
SELLER: Bamost LLC
BUYER: (user)
DATE: -