TOPIC 1
The subject of this Preliminary Information Form is to inform consumers regarding the distance contract between the person who will purchase product/products from the www.woodmoodworks.com website (“BUYER”) and Okan Gönen (“SELLER”) who is responsible for the supply and delivery of the order placed on the website, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation.
2. SELLER INFORMATION
Title: Okan Gonen
Address: İLİMTEPE MAH. 333. STREET TÜPRAŞ SITE NO: 28 /124B, 41780 Kocaeli, Turkey
Customer Service Tel.: +90 535 458 80 43
Email: info@woodmoodworks.com
3. BUYER INFORMATION
Name Surname: [invoice-name]
Address: [invoice-address]
Phone: [phone]
Email: [email]
4. BASIC FEATURES AND SALES INFORMATION OF THE PRODUCT/PRODUCTS SUBJECT TO ORDER
[product-list]
Shipping Amount: [shipping-amount]
Discount Amount:
Total: [total-amount]
Order Number: #[order_id]
Payment Method: [payment-method]
Delivery Address: [invoice-address]
Billing Address: [billing-address]
5. RIGHT OF WITHDRAWAL
5.1. The BUYER may exercise his right of withdrawal by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product, which is the subject of the order, regarding the sale of goods, to him or to the person/organization at the address he indicated. Expenses arising from the exercise of the right of withdrawal shall belong to the SELLER, except for legal exceptions.
5.2. In order to exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail or e-mail within 14 (fourteen) days to the relevant addresses of the SELLER specified in Article 2.
5.3. In case of exercising the right of withdrawal,
a. The invoice of the product delivered to a third party other than the BUYER or to the BUYER (if the invoice of the product to be returned was issued in the name of a legal entity/merchant, it must be sent together with the return invoice issued by the legal entity/merchant. Returns of orders whose invoices are issued in the name of a legal entity/merchant cannot be completed unless a RETURN INVOICE is issued.)
b. Return form (see Annex-1); In order for the BUYER to exercise his/her right of withdrawal, he/she must fill out the return form sent to him/her together with the product and deliver the product to the cargo/shipping company together with the return form. The BUYER reserves the right to make a declaration of withdrawal other than the return form.
c. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
5.4. The SELLER is obliged to refund the total amount collected, including the delivery costs of the goods to the BUYER, if any, within 14 (fourteen) days from the date of receipt of the notice of withdrawal. If the SELLER does not make an offer to take back the goods itself after the receipt of the notice of withdrawal, the BUYER is obliged to send the goods back to the SELLER via the cargo/transportation company that first delivered the goods to the SELLER within 10 (ten) days from the date of notification of exercising the right of withdrawal.
5.5. If the value of the product decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault. The right of withdrawal cannot be exercised in cases where the product is damaged.
5.6. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
5.7. The BUYER accepts that it cannot exercise its right of withdrawal in accordance with the first paragraph of Article 15 of the Distance Contracts Regulation in the following cases:
a) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider,
b) Goods prepared in line with the consumer's wishes or personal needs,
c) Goods that can spoil quickly or expire,
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons,
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Books, digital content and computer consumables presented in material form if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods,
f) Periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
g) Services related to the utilization of free time for the purposes of accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be performed on a specific date or period,
g) Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
h) Services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.
5.8. If the BUYER wishes to return any product from the campaign order within the scope of the right of withdrawal, the SELLER will make the refund payment by deducting the amount reflected in the basket as the discount amount from the price of the returned product.
6. DELIVERY AND VALIDITY
6.1. Delivery costs for intra-city deliveries are borne by the SELLER, while delivery costs for out-of-city deliveries are borne by the BUYER. Depending on the results of the campaigns conducted at the time of sale and the terms of which are announced on the website, the SELLER may not reflect all or part of the delivery costs to the BUYER. The shipping fee is determined based on the BUYER's address included in the order. If the BUYER requests a change in the delivery address after the order, the additional shipping fee will be covered by the BUYER. If the additional shipping fee is not covered by the BUYER, the SELLER will not be obliged to deliver to the new address, and the delivery address will be the SELLER's warehouse address.
6.2. The order will be delivered by hand to the BUYER's address specified above, through the cargo/transport company contracted with the SELLER, chosen by the consumer. The SELLER is responsible for the delivery of the ordered product, intact, complete and in accordance with the specifications specified in the order, within 30 (thirty) days from the date the order reaches the SELLER. In order to avoid any doubt, in sales made via EFT/Bank Transfer, the date the order reaches the SELLER will be taken as the date of payment. In sales made via EFT/Bank Transfer, if the payment is not made, this order will not be binding on the SELLER in any way. If the price of the ordered product/products increases on the date the payment is made after the BUYER undertakes to pay via EFT/Bank Transfer, this order will not be binding on the SELLER as long as the additional amount is not paid.
6.3. If the SELLER is unable to supply the ordered products, it may supply another product provided that it informs the BUYER within three (3) days from the date it learns of this situation and obtains his/her verbal/written approval. In cases where the BUYER does not give approval, the order will be cancelled and the payment will be refunded.
6.4. In case of extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, curfew), the SELLER will contact the BUYER and inform them that the product cannot be delivered within the legal period of 30 (thirty) days. In this case, the BUYER may cancel the order, order a similar product or wait until the extraordinary situation is over.
6.5. If the BUYER is not at the address at the time of delivery of the products or if the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, the BUYER is responsible for contacting the cargo/transportation company and following up and arranging the shipment of the order.
6.6. After the SELLER notifies the Buyer that it will deliver the product to any of the contact information on the order form, the Buyer's acceptance period for the delivery is 30 (thirty) business days at the latest from the date of notification. If the Buyer cannot deliver the product within the specified time despite the notification made to the Buyer, the Buyer will be deemed not to have accepted the delivery of the product. If the Buyer does not accept the delivery of the product within the specified time, the Buyer agrees to pay the SELLER a fee of 2 per thousand, including the VAT price of the product, as a daily storage service. The said storage fee will be invoiced to the Buyer following delivery, however, if the total non-delivery period exceeds 45 (forty-five) days, a storage fee invoice will be made every 15 (fifteen) days. The Buyer undertakes to pay the invoice for storage within 7 (seven) days. This article will not be applied if the product is received within 30 (thirty) business days following the delivery notification. SELLER reserves the right to deliver the products to the place of deposit based on the provisions of creditor default instead of storing the product.
7. GENERAL PROVISIONS
7.1. The ordered product shall be delivered to the BUYER or the person/organization at the address provided by the SELLER, by the cargo company with which the SELLER has a contract or by the SELLER itself, provided that the legal 30 (thirty) day period is not exceeded. The SELLER shall deliver the product/products by carrying them through the common areas of the apartment where the ordered product is located (entrance, elevator, stairs, etc.) and finally through the apartment door. In cases where it is not possible to carry the ordered products by hand to the address requested by the BUYER (in cases where the size of the product does not fit, etc.), the BUYER shall be responsible for expenses such as the crane etc. that must be used for delivery. If the BUYER does not pay this expense, the SELLER shall be deemed to have fulfilled its delivery obligation and the BUYER shall personally receive the products from the SELLER's warehouse.
7.2. The BUYER is responsible for checking the products upon receipt and, if he/she sees a problem with the product caused by the cargo/courier, not accepting the product and having a report drawn up by the cargo company officer. In cases where the BUYER does not draw up a report regarding any defect in the product he/she has received, he/she accepts that he/she has received the product free from any defects. Except for the case of a latent defect in the product, he/she cannot object to the defect later.
7.3. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price before receiving the product. In case of cash sales, if the product price is not paid to the SELLER in full before delivery, or if the due installment amount is not paid in case of installment sales, the SELLER may unilaterally cancel the contract/order and not deliver the product.
7.4. If, for any reason after the delivery of the product, the Bank/financial institution to which the credit card used for the transaction is registered does not pay the product price to the SELLER, the product shall be returned to the SELLER by the BUYER within 3 (three) days at the latest, with all expenses being borne by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to demand the product price without accepting the return.
7.5. The shipping fee is determined based on the BUYER's address. If the BUYER requests a change in the delivery address after the order is completed, the additional shipping fee will be covered by the BUYER. If the additional shipping fee is not covered by the BUYER, the SELLER will not be obliged to deliver to the new address.
7.6. If the BUYER requests changes/customizations to the products in question after the order is completed, the implementation of these requests is subject to the SELLER's acceptance as a precondition. The costs of these requests will be covered by the BUYER. If these requests are accepted by the SELLER and the additional payment is made by the BUYER, the delivery period will start again on the date the additional payment is completed.
7.7. BUYER accepts and declares that he/she has read, understood and approved all kinds of information in this preliminary information form, including but not limited to the basic characteristics, sales price, payment method, right of withdrawal, return and delivery information regarding the product/products offered by SELLER.
7.8. The BUYER accepts that he/she is under a payment obligation for the product he/she has chosen by clicking the "Confirm Order" button on the site after approving this Preliminary Information Form and the Distance Sales Agreement.
7.9. After the BUYER contacts the SELLER via info@woodmoodworks.com for all kinds of complaints, the SELLER will evaluate the BUYER's complaints and try to resolve them.
8. CAMPAIGN SALES
8.1. In the event that the campaign terms announced by the SELLER on woodmoodworks.com conflict with the provisions of the Distance Sales Agreement, the announced campaign terms will apply first.
8.2. The campaigns that the SELLER undertakes to implement on woodmoodworks.com cannot be combined with other campaigns and discount coupons.
8.3. SELLER reserves the right to change the campaign terms announced on woodmoodworks.com at any time and to end the campaign before the date it was announced.
8.4. BUYER accepts that in case SELLER implements a campaign, the relevant campaigns are limited to stocks and SELLER reserves the right not to implement the campaign if stocks run out.
8.5. If the BUYER wishes to return any product from the campaign order within the scope of the right of withdrawal, the SELLER will make the refund payment by deducting the amount reflected in the basket as the discount amount from the price of the returned product.
9. COMPLAINTS/REQUESTS AND COMPETENT COURT
9.1. BUYER may directly contact SELLER regarding his/her complaints and requests, primarily through the address and communication channels specified in articles 2 and 7.9.
9.2. In addition, the BUYER may submit such requests and complaints to the Consumer Arbitration Committees or Consumer Courts where the consumer purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Trade every December.
9.3. In applications to be made to the Consumer Arbitration Committees for the year 2022, without prejudice to the rights in the Execution and Bankruptcy Law No. 2004 dated 9/6/1932; application to the Consumer Arbitration Committees is mandatory for disputes with a value below thirty thousand Turkish Liras. Applications to the Consumer Arbitration Committees cannot be made for disputes above these values.