Distance Sales Contract
ARTICLE 1 - PARTIES TO THE CONTRACT
SELLER
TITLE : 5smm.com (Netkomut Bilişim Hizmetleri Ltd)
WEB : www.5smm.com
E-MAIL : info@5smm.com
Hereinafter referred to as SELLER.
RECIPIENT
SURNAME / TITLE : Name/Surname on the website and invoice
ADDRESS : Address registered on the
recipient's website
TELEPHONE : Telephone Number of
the recipient registered on the website
E-MAIL : Email Address registered on the
recipient's website
Everyone who purchases through the site is the BUYER.
Hereinafter referred to as BUYER.
ARTICLE 2 - SUBJECT OF THE CONTRACT
The subject of this contract is the determination of the
rights and obligations of the parties in accordance with the provisions of the
Regulation on the Implementation Principles and Procedures of the kktc
"Consumer Protection Law" regarding the sale and delivery of the
goods / services that the BUYER ordered electronically or by telephone from the
www.5smm.com website of the SELLER, which have the qualifications mentioned in
the contract and the sales price specified in the contract. The BUYER accepts
and declares that he / she has information about the basic qualities of the
goods / services subject to sale, sales price, payment method, delivery
conditions, etc. all preliminary information about the goods / services subject
to sale and the right of "withdrawal", confirms this preliminary
information electronically and then orders the goods / services in accordance
with the provisions of this contract. The preliminary information and invoice
on the payment page on www.5smm.com are integral parts of this contract.
ARTICLE 3 - CONTRACT DATE
This duplicate contract, which has been previously signed by
the SELLER, has been signed and accepted by the BUYER on the date of purchase
and payment.
ARTICLE 4 - DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE
OF THE CONTRACT AND METHOD OF DELIVERY
The goods / service will be delivered to the electronic mail
account or physical address according to the product that the BUYER has
requested delivery.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has
declared that the delivery fee of those who shop above the number announced on
the website will be covered by the SELLER, the delivery cost belongs to the
SELLER. Delivery is made as soon as possible after the stock is available and
the cost of the goods is transferred to the SELLER's account. The SELLER shall
deliver the goods/services within 30 (thirty) days from the date of order and
reserves the right to extend the period for an additional 10 (ten) days with a
written notification within this period. If for any reason the price of the
goods / service is not paid or is cancelled in the bank records, the SELLER is
deemed to be released from the obligation to deliver the goods / service.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER shall inspect the goods / services subject to the
contract before receiving the goods / services subject to the contract, dents,
broken, torn packaging, etc. damaged and defective goods / services will not be
received from the cargo company. The delivered goods / services will be
accepted to be undamaged and intact. The obligation to carefully protect the
goods / services after delivery belongs to the BUYER. The invoice must be
returned. After the delivery of the goods / service, if the relevant bank or
financial institution does not pay the price of the goods / service to the
SELLER due to the unfair or unlawful use of the credit card belonging to the
BUYER by unauthorised persons in a way not caused by the BUYER's fault, the
BUYER is obliged to send the goods / service to the SELLER within 3 (three)
days, provided that it has been delivered to him. In this case, delivery
expenses belong to the BUYER.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the goods /
services subject to the contract intact, complete, in accordance with the
qualifications specified in the order and with warranty documents and user
manuals, if any. If the goods / services subject to the contract will be
delivered to a person / organisation other than the BUYER, the SELLER cannot be
held responsible for the refusal of the person / organisation to accept the
delivery. The SELLER shall return the price of the goods / services and the negotiable
instruments, if any, within 7 (seven) days after the withdrawal declaration is
received. The goods / service is returned within 20 (twenty) days. For
justified reasons, the SELLER may supply the BUYER with equal quality and price
before the performance period in the contract expires. If the SELLER thinks
that the performance of the goods / service has become impossible, it notifies
the BUYER before the performance period of the contract expires. The price paid
and documents, if any, shall be returned within 10 (ten) days. Goods / services
that are defective or defective from the goods / services sold with or without
a warranty certificate can be sent to the SELLER for the necessary repair
within the warranty conditions, in which case the delivery expenses will be
covered by the SELLER.
ARTICLE 8 - CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO
THE CONTRACT
The Type and Type of Goods / Service, Quantity, Brand /
Model, Colour and Sales Price Including All Taxes are as stated in the
information on the goods / service promotion page on the website www.5smm.com and
in the invoice, which is considered an integral part of this contract.
ARTICLE 9 - ADVANCE PRICE OF GOODS/SERVICES
The cash price of the goods / services is available in the
sample invoice mailed at the end of the order and in the invoice content sent
to the customer with the product.
ARTICLE 10 - FORWARD PRICE
The price of the goods / services according to the term made
to the sales price is available in the sample invoice mailed at the end of the
order and in the invoice content sent to the customer with the product.
ARTICLE 11 - DOWN PAYMENT AMOUNT
The down payment amount of the goods / service is available
in the sample invoice mailed at the end of the order and in the invoice content
sent to the customer with the product.
ARTICLE 12 - PAYMENT PLAN
In the event that the BUYER makes a purchase by credit card
and in instalments, the instalment format selected from the site is valid. In
instalment transactions, the relevant provisions of the contract signed between
the BUYER and the cardholder bank are valid. The credit card payment date is
determined by the provisions of the contract between the bank and the BUYER.
The BUYER can also follow the number of instalments and payments from the
account statement sent by the bank.
ARTICLE 13 - RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 7
(seven) days from the delivery of the goods / services subject to the contract
to him or the person / organisation at the address indicated. In order to
exercise the right of withdrawal, it is a condition that the SELLER is notified
by e-mail (info@5smm.com) within the same period and that the goods / services
are not damaged during the testing of the packaging and its contents within the
framework of the provisions of Article 14 and in accordance with the
information published on the website www.5smm.com, which is an integral part of
this contract. If this right is exercised, the original invoice for the goods /
services delivered to the 3rd person or the BUYER must be returned. Within 10
(ten) days following the receipt of the notice regarding the right of
withdrawal, the cost of the goods / services shall be returned to the BUYER and
the goods / services shall be returned within 20 (twenty) days. If the original
invoice is not sent, VAT and other legal obligations, if any, cannot be
refunded to the BUYER. The delivery cost of the goods / services returned due
to the right of withdrawal is covered by the SELLER.
ARTICLE 14 - GOODS / SERVICES THAT CANNOT USE THE RIGHT OF
WITHDRAWAL
Goods/services that cannot be returned due to their nature
are goods/services that deteriorate rapidly and expire, disposable
goods/services, all kinds of copyable software, digital licences and
programmes. In addition, in order to exercise the right of withdrawal in all
kinds of software and programmes, DVD, DIVX, VCD, CD, CD, MD, videocassettes,
computer and stationery consumables (toner, cartridge, ribbon, etc.) and
cosmetic materials, the packaging of the goods / services must be unopened,
intact and unused.
ARTICLE 15 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in his/her credit card transactions,
the BUYER shall pay interest and be liable to the bank within the framework of
the credit card agreement made by the cardholder bank with him/her. In this
case, the relevant bank may apply for legal remedies; may request the costs and
attorney's fee from the BUYER and in any case, if the BUYER defaults due to the
BUYER's debt, the BUYER agrees to pay the damage and loss incurred by the
SELLER due to the delayed performance of the debt.
ARTICLE 16 - COMPETENT COURT
In disputes that may arise from this contract, the Civil
Courts of First Instance and Enforcement Directorates are authorised.
SELLER : Netkomut Bilişim Hizmetleri Ltd
BUYER : Anyone who purchases through the website www.5smm.com
DATE : The date the order and payment process was completed