SALES AGREEMENT
All users are considered to have read the sales agreement and agreed to have approved it at the time they are actualizing the membership procedures.
The Sales agreement is a sales agreement between CEYO and the customer in virtual environment.
Terms and Conditions
Article – 1: SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with Distance Contract Regulations published in the Official Gazette dated 27.11.2014 and the Law on the Protection of Customers numbered 6502 regarding the sales and delivery of the product with the below characteristics and sales price that the BUYER has ordered electronically from the internet website (“Internet Website”) addressed www.ceyo.com.tr belonging to the SELLER.
Article – 2: SELLER INFORMATION
Title: CEYO ORTHOPEDIC SANDALS INDUSTRY AND TRADE INC.((From now on, will be referred to as “CEYO” or “SELLER”)
Address: Atışalanı Mehmet Akif İnan cad No:68 A 34230 Esenler / İstanbul
Telephone: +90 212 432 94 94
Fax: +90 212 432 95 95
Product return address: CEYO E-Commerce Unit : Atışalanı Mehmet Akif İnan cad No:68 A 34230 Esenler / İstanbul
E-Mail: sanalmagaza@ceyo.com.tr
Article – 3: BUYER INFORMATION
All members, all members becoming members of the CEYO company’s e-commerce shop at www.ceyo.com.tr and do shopping.
(From now on, will be referred to as “BUYER” or “CUSTOMER”).
Article – 4: SUBJECT OF THE AGREEMENT AND PRODUCT INFORMATION
The Good/Product or Service; The type, amount, trademark/model, colour, number, sales price and payment type are as stated in the website, these promises may vary without informing the buyer.
Article – 5: GENERAL PROVISIONS
5.1. The BUYER declares that the basic characteristics of the product which is the subject of the agreement are as stated in the Internet Website, that the BUYER will pay for the sales price including taxes in the payment and delivery type and all expenses will be paid by the BUYER, that the BUYER has prior knowledge of the period that the delivery will actualize and the SELLER’s full commercial title, postal address and contact information by reading the preliminary information and made the necessary confirmation electronically.
5.2. The SELLER is not responsible of any direct or indirect damage that will originate from the breach of contract, wrongful act or from other reasons due to the use of the program and other data and mobile application of the Internet website. The SELLER does not accept any responsibility occurring as a result of the breach of contract, wrongful act, negligence or other reasons; mistake, negligence, suspense, deletion, loss, destruction, delay in the transaction or in the communication, computer virus, failure in telecommunication lines, communication mistake, robbery, destruction or in respect of entrance in the records without permission, changing them or using them.
5.3. The SELLER can change all kinds of service, product, using terms and information presented in the Internet website and/or Mobile Application without prior notice, keeps its right to reorganize, or stop its publishing. The changes in the Internet Website and/or Mobile Application enter in force on the date of its publishing. The Company recommends the BUYER to visit the legal warning page every time when entering the Internet Website and/or Mobile Application. These conditions are also valid for the other internet pages where links are given.
5.4. The Internet Website and Mobile Application are may be connected to other internet websites that are not in control of the SELLER or contain reference. The SELLER is not responsible of the contents of these websites or the other connections they contain.
5.5. The SELLER has intellectual and industrial property rights or has the licence for all materials (“Materials”) including all information, pictures, all kinds of trade marks, Internet Website area name, logo, icon, demonstrative, written, electronic, technical data presented in the form that can be read by the machine, computer software, sales system applied, working method and job model in the Internet Website and Mobile Application with its general view and design of the Internet Website and Mobile Application and these Materials are under legal protection. No Material present in the Internet Website and/or Mobile Application can be used without prior permission or without showing the source, including the code and the software, cannot be changed, copied, reproduced, translated into another language, or published again, computerized, mailed, conveyed, presented or distributed. The whole of or a part of the Internet Website and/or Mobile Application cannot be used in another website or mobile application without permission. In determining the state on the contrary, the SELLER has all the rights related to criminal and civil liability and other rights that are not clearly stated here.
5.6. The BUYER’s personal information will be disclosed to official authorities when duly requested in the cases where it is obliged to in accordance with the legislation provisions.
5.7. The product that is the subject of the agreement is delivered by the contractual cargo Firm of the SELLER with the condition not to exceed the period of 30 days starting from the date of order and each product, depending on the distance of residence of the BUYER, is delivered by the contractual cargo company of the SELLER within the period declared in the preliminary information in the Internet Website. The contractual cargo company of the SELLER is UPS Cargo as of the date of the approval of this agreement. All kinds of cargo/sending price related to the delivery will be paid by the BUYER and will be reflected in his invoice related to his order as “Cargo Price”.
5.8. If the product(s) that are the subject of the agreement are to be delivered to another person/establishment other than the BUYER, the SELLER is not responsible of the non-acceptance of the delivery by the person/establishment and resulting damages originating from this.
5.9. The SELLER cannot be held responsible of damages resulting from the mistake and negligence of the cargo company responsible of delivery in the sending stage to the BUYER and/or not delivery of these to the BUYER.
5.10. The SELLER is responsible of the delivery of the product(s) that is the subject of the agreement undamaged, without anything missing, in compliance to the characteristics stated in the order and with guarantee document and user manual if there are any.
5.11. The SELLER, in case of the impossibility of carrying out the order of the product or service, does not fulfil its obligations that are the subject of the agreement, informs the BUYER before the end of the period of fulfilling its obligation originating from the agreement and in case of the presence in the stocks, can provide a different product with equal quality and price.
5.12. After the delivery of the product(s), in case the credit card bank, the bank debit card belonging to the BUYER and other payment systems presented in the Internet Website and Mobile Application are used unjustly and unlawfully by the persons without authority and in case the related bank or financial institution does not pay the price of the product to the SELLER, the BUYER is obliged to return the related product within 3(three) days with the condition that it was delivered to him. İn case of the contrary, the BUYER accepts and undertakes that all kinds of legal action will be taken against him.
5.13. In case the purchased product or service by the BUYER is not in the stocks of the supplier firm and there is no product of equal quality and price, in the stocks of the supplier firm, the right of refunding the price of the SELLER to the BUYER is reserved.
5.14. The SELLER is obliged to inform the BUYER in case the product that is the subject of the agreement is not delivered during the delivery period due to Acts of God or adverse weather conditions disrupting the transportation, disconnection of the transportation due to extraordinary conditions. In such case, in the condition that the BUYER cancels the order, the price that the BUYER has paid is refunded within 14(fourteen) days to him in the payment system he has used in payment in lump sum.
5.15. In cases where the BUYER has made the payment with credit card, the price of the product(s) after its cancellation by the BUYER is refunded to the related bank within 14(fourteen) days. After returning the amount to the bank, its reflection in the BUYER’s account is totally related to the bank’s transaction period, and the BUYER accepts in advance that the reflection of the refunded amount in the credit card in the BUYER’s account in an average of 2 or 3 weeks.
5.16. The SELLER reserves its right to cancel the purchase exceeding the BUYER’s need in the Internet Website. In case that it exceeds the BUYER’s need, in purchases of wholesale characteristic exceeding 3(three) products, the SELLER reserves its right to cancel the order completely or providing only 3(three) products that are within the limits of retail purchase.
5.17. In cases of purchase of the BUYER with credit card that doesn’t actualize due to 3(three) wrong password entrances, the SELLER has the right to ask for all kinds of information and document including visual aids confirming the identity and credit card information from the BUYER. In case these information and documents are not provided by the BUYER, their underprovision or the nonconformity of the information and documents provided with the order information, the SELLER has the right to cancel the order immediately and without any responsibility of compensation amount.
5.18. In case there are clear mistakes in the product prices at the level of its market value that could be understood by an average person, and in cases where writing the price below its market value, all orders given with this price mistake can be cancelled by the SELLER. The BUYER acknowledges and accepts that he has no right to demand anything due to the reason of clear mistake.
Article – 6: RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal without the obligation of giving any reasons within 14(fourteen) days starting from the delivery of the product to himself or to the person/institution he has given. In case of the right of withdrawal, the returned products are to be returned to the cargo company that the SELLER declares to its customers on the internet website that he has an agreement with. The expenses originating from the use of the right of withdrawal belong to the SELLER if the return is sent by the cargo company that the SELLER has an agreement with.
The cargo price, in cases when the product is returned for any reason within its period, is paid by the RECEIVER if it’s sent by the cargo company that the SELLER is in agreement with. For the use of the right of withdrawal, it needs to be announced to the SELLER by fax, telephone or e-mail within the period of 14(fourteen) days and it must be in conformity with the frame of provisions of the 6th article and it is required to be in the characteristic that it could be presented to sale again by the SELLER. In case of the use of this right.
6.1. The invoice of the product that is delivered to the RECEIVER or the third person must have been made out to the related institution and while being returned, it is required to be sent with the return invoice arranged in the name of the institution. The order returns that are arranged in the name of the institution will not be completed if the RETURN INVOICE is not made out.
6.2. Return Form
6.3. The products that are to be returned within the period of 10(ten) days starting from the announcement of the use of the right of withdrawal made to CEYO should be returned to the product return address that is stated in the first article, to the SELLER, with their product box or packaging and its standard accessories if there are any without any part missing or damaged. The SELLER must refund all payments made within the scope of the product within 14(fourteen) days starting from the date that the announcement has reached the RECIEVER.
While the product is being returned to the SELLER, the original invoice that has been presented to the BUYER during its delivery to him (in order to provide consistency in accounting records) must be returned. On the invoice that will be returned with the product, the “return invoice” phrase will be written by the RECEIVER and signed. In case when the invoice is not sent with the product or is not sent latest within 5(five) days starting from the date to be sent, the return operation will not be actualized, the product will be sent back to the BUYER in the same way with reverse charge.
Article – 7: THE PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE USED
The BUYER cannot use his right of withdrawal for the products within the frame of the 15th Article in the Distance Agreement Regulations published in the official gazette on the date of 27.11.2014 in the scope of below products:
7.1. The products belonging to the goods or services that are related to price changes in connection with fluctuations in the market and not in control of the SELLER or the provider.
7.2. The products related to the goods prepared according to the wishes or personal needs of the RECEIVER.
7.3. The goods related to perishables or the goods which may pass their expiry date. ç) The goods where their packaging, band, seal, protecting element are opened after their delivery; the return of the products after their delivery that are not appropriate health and hygiene wise.
7.4. The agreements related to the goods that are mixed with other products after their delivery and cannot be separated by its nature.
7.5. The products related to computer consumable material and digital contents, books provided in material environment in case their protective elements such as the packing, band, seal and package are opened after the delivery of the goods.
7.6. Products related to periodicals such as newspapers and magazines provided within the scope of subscription agreements.
7.7. The products related to accommodation, good transportation, car rental, providing catering and the evaluation of the leisure time with the purpose of resting that need to be done at a certain date or period.
7.8. The products related to intangible goods that are delivered to the BUYER immediately or services which are carried out in electronical environment.
7.9. The products related to services that are carried out with the BUYER’s approval before the expiry of the period of withdrawal right.
Article – 8: COURT OF COMPETENT JURISDICTION