I confirm that I have obtained the preliminary information specified in this Preliminary Information Form.
BUYER: Customer
Distance Selling Contract
SIDES
This Agreement is established between the parties listed below and under the terms and conditions set forth below.
SELLER
Title: New System Bed Sleep Products Transportation Industry Trade Co. Ltd.
Address: Sarıyer mah. 5673 street no :5b inner door no b Karabağlar /izmir
Mersis Number: 0948082717200001
Phone:
Fax:
Seller Email:
BUYER: Customer
- SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Selling Agreement (“Agreement”) has been prepared in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation (“Regulation”). The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Regulation under this Agreement.
The subject of this Agreement is; BUYER, SELLER's operated www.quarest.com It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law and Regulation regarding the sale and delivery of the products with the following qualifications, which are ordered electronically from the website (“Website”).
- ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
The BUYER accepts and declares that he/she is informed about the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions and all preliminary information about the products subject to sale and the right of "withdrawal", etc., that he/she has been duly informed by the SELLER on these matters, that he/she has confirmed this preliminary information electronically and that he/she has subsequently ordered the products, in accordance with the provisions of this Agreement.
The preliminary information on the payment page of the SELLER's Website and the invoice issued upon the order placed by the BUYER are integral parts of this Agreement.
- BASIC CHARACTERISTICS AND PRICE OF THE PRODUCT AND SERVICE SUBJECT TO THE CONTRACT (VAT INCLUDED)
Basic features of the products; type and kind, quantity, brand/model/color, number, unit price(s) and sales price, payment (collection) information, shipping fee, invoice information and delivery information including the delivery location notified by the BUYER are as stated below.
Product description Unit Unit Price (taxes included) Intermediate Total (VAT Included)
Shipping Amount
Total:
Order date
Person to be Invoiced
Billing address
Payment Method and Plan
Delivery Date
Delivery method
Delivery address
Person(s) to be Delivered
Product description Unit Unit Price (taxes included) Intermediate Total (VAT Included)
Cargo Service Fee
Shipping Amount 0,00
Total: 0,00 TL
Order date
Person to be Invoiced
Billing address
Payment Method and Plan
Delivery Date
Delivery method
Delivery address
Person(s) to be Delivered
The prices presented to the BUYER are the total sales price of the product, including all taxes.
The prices listed and announced on the site are sales prices and are valid until changed. Prices and campaigns announced periodically by the SELLER are valid until the end of the specified period.
To prevent your mattress from losing its shape, keep it in a roll pack bag for a maximum of 7 days.
- PRODUCT PRICE
The total sales price of the product, whether cash or deferred, is the price included in the order form, as well as in the informative e-mail sent at the end of the order and in the invoice sent to the customer with the product or online. Discounts, coupons, shipping costs and other applications made by the SELLER are reflected in the sales price.
- DELIVERY OF THE PRODUCT AND DELIVERY METHOD
This Agreement has entered into force upon electronic approval by the BUYER and is executed upon delivery of the product purchased by the BUYER from the SELLER to the BUYER. The Product will be delivered to the address and authorized person(s) specified by the BUYER in the order form and in this Agreement.
Product/products
It will be delivered to the delivery point chosen by the BUYER by the cargo and logistics company that the SELLER has an agreement with. The SELLER shares the shipping area of the logistics company with the BUYER. If the BUYER's delivery address is outside the shipping area, the SELLER has the right to cancel the order. In the event of cancellation of the order, if the product price has been collected, it will be returned to the BUYER.
If the BUYER requests the product to be sent with a cargo company other than the one determined by the SELLER, the SELLER will not be held responsible for any loss or damage that may occur after the product is delivered to the relevant cargo company.
In case of order cancellations made by the BUYER after the product has been shipped by the SELLER but before it has been received by the BUYER, the BUYER is responsible for the shipping cost.
In regions where the cargo company delivers once a week, in cases of errors or omissions in the shipping information, in some social events and natural disasters, there may be a delay in the specified day period. BUYER cannot impose any liability on SELLER due to these delays.
If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for any extra shipping costs that may arise from the person/organization to whom the delivery is made not accepting the delivery, incorrect shipping information and/or the BUYER not being there. If the product/products have not reached the customer within the specified days, delivery problems must be reported immediately to customer services via E-mail info@quarest.com.
The BUYER is responsible for checking the product upon receipt and will not accept damaged or defective products such as crushed, broken, torn packaging, etc. If the BUYER sees a problem caused by the cargo, the BUYER is responsible for not accepting the product and having a report drawn up by the cargo company official. If the package is not accepted and a report is drawn up, the situation should be reported to the SELLER Customer Services via info@quarest.com as soon as possible, together with the copy of the report kept by the BUYER. Otherwise, the SELLER will not accept any responsibility.
- DELIVERY COSTS AND PERFORMANCE
The delivery costs of the product shall be borne by the BUYER unless otherwise directed. If the SELLER has declared on the Website that the delivery fee shall be covered by the SELLER, the delivery costs shall be borne by the SELLER. The delivery of the product shall be made within the promised period provided that the SELLER's stock is available and after the payment is made. The SELLER shall deliver the product within 30 (thirty) days from the date the product was ordered by the BUYER, except for the cases where the fulfillment of the order becomes impossible. If the price of the product is not paid by the BUYER for any reason or the payment made is cancelled in the bank records, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.
In cases where the fulfillment of the ordered product becomes impossible, the SELLER will notify the BUYER within 3 (three) days from the date of learning about this situation and will refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification.
- PAYMENT METHOD
BUYER may only use the methods specified on the Website to make payment (such as credit and debit cards). The time the orders are taken into process is not the time the order is given, but the time the necessary collection reaches the SELLER's bank accounts.
BUYER accepts, declares and undertakes that since the sales on credit are made only with credit cards belonging to banks, it will separately confirm the relevant interest rates and information on default interest from its bank, and that the provisions on interest and default interest will be applied within the scope of the credit card agreement between the bank and BUYER in accordance with the provisions of the legislation in force. The payment on credit/installment opportunities provided by institutions such as banks and finance institutions that issue credit cards, installment cards, etc. are a credit and/or installment payment opportunity provided directly by the said institution; product sales realized within this framework and for which the SELLER collects the full price are not considered as installment sales for the parties to this Agreement, but are cash sales.
If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the BUYER is obliged to return the product to the SELLER within 3 (three) days, provided that it has been delivered to him. In this case, the delivery expenses belong to the BUYER.
- RIGHTS AND LIABILITIES OF THE BUYER
By concluding this Agreement, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before concluding distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
BUYER, as a consumer, can submit their requests and complaints using the SELLER contact information above and/or the contact information on the Website.
- RIGHTS AND LIABILITIES OF THE SELLER
SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals and the information and documents required for the job, free from any defects, in a solid manner in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, and to act with prudence and foresight.
SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.
If the SELLER cannot deliver the product subject to the Agreement within the specified time due to force majeure or extraordinary circumstances preventing transportation, the SELLER is obliged to notify the BUYER within 3 (three) days from the date of learning about the situation.
If the product in question is to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if the person to whom the product is to be delivered does not accept the delivery.
SELLER does not apply any verification procedure regarding the personal information provided by the BUYER. No liability can be attributed to SELLER due to the information provided by the BUYER being incomplete or incorrect or the BUYER not having the capacity to make transactions.
- INFORMATION ABOUT THE RIGHT OF WITHDRAWAL AND THE RIGHT OF RETURN PROVIDED BY THE SELLER
The products sold within the scope of this contract are goods whose protective elements such as packaging, tape, seal, package can be opened after delivery and are in the category of goods that are not suitable for return in terms of health and hygiene. Therefore, the SELLER, considering the health of the BUYER, even in the products that are the subject of the Distance Sales Contract, It does not recognize the RIGHT OF WITHDRAWAL.
However, in order to prevent any grievances on the part of the SELLER, if the goods sold within the scope of this Distance Selling Contract are not manufactured or personalized according to the SELLER's special requests, the BUYER may return your order within 14 days without giving any reason, provided that the BUYER has not opened or removed the product from its package from the date of receipt of the product.
If there is more than one product in your order, this period starts from the receipt of the last product. BUYER must submit the return request to SELLER in written form. The relevant return request is not a return request arising from the provisions of the Consumer Protection Law, but is a special arrangement written by SELLER between BUYER and SELLER within the scope of this distance sales contract and terms of use.
The acceptance of the return request is made by the SELLER. If accepted, the product must be delivered to the cargo companies or logistics companies notified by the SELLER without damaging or opening the packaging and without losing its hygiene. After the acceptance of the relevant return request by the SELLER, the cargo-logistics fee for the return is covered by the BUYER. After it is understood that the returned product has been delivered without any problems and has reached the SELLER, the BUYER's return request is approved by the SELLER and only the prices paid for the product itself are returned to the BUYER within ………. days. Neither the right of withdrawal nor the right of return can be used within the scope of the Consumer Law in store purchases.
After receiving the product, the BUYER who will use his/her right to return must keep the product unpackaged and ready for reshipment. Otherwise, the return of the product will not be accepted due to hygiene reasons. The exception to this issue may be possible in accordance with the Trial Period articles. If you have exceeded the 14-day period for order cancellation when an order is placed via the website or phone, only the trial periods offered for certain products will be valid as explained in article 16.5 of the sales terms and conditions document. This trial period does not apply to products customized upon the BUYER's request.
120 Night Trial is only valid for bedding collections and is not valid for pillows and separately sold washable bedding covers and customized products. During the trial period, the BUYER who wants to return the product is obliged to pack the product with its packaging in a double nylon package so that it will not stain and send it back. During the trial period, the BUYER who wants to return the product will be refunded by applying a 20% deduction (loss of product value and logistics costs) from the current VAT included amount of the product you want to return on the date of purchase. If the product is excessively dirty or damaged or deformed, the SELLER reserves the right not to accept the product back.
The right to exchange applies to products included in the trial period, and at the end of the trial period you can request to exchange your product for another product. Exchange can only be made once and a second trial period is not offered.
If the BUYER does not notify the SELLER of his/her right to return or exchange request during the trial period, he/she is deemed to have accepted the product. The right to return also disappears. You can contact the SELLER for more information about the Trial and Return conditions.
The trial period for outlet products is limited to 30 nights and is only valid for beds. If the BUYER wants to return the product during the trial period, the product must be packaged in the original packaging as a double-layer package and sent back. If the product is wanted to be returned during the trial period, the product can be returned by applying a 20% deduction (product packaging + logistics costs) from the current discounted purchase price in the outlet program, including VAT. If the product is in a condition that prevents use, such as being excessively dirty or damaged or deformed, the SELLER reserves the right not to accept the product back.
- CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
According to the legislation, the BUYER does not have the right of withdrawal in the following cases:
- a) In contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER (for example; products in the category of jewelry, gold and silver);
- b) In contracts regarding the delivery of goods that are prepared in accordance with the BUYER's requests or clearly in line with his personal needs, are not suitable for return due to their nature and are in danger of rapid deterioration or expiration;
- c) In contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons;
- d) In contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature;
- e) In contracts regarding books, sound or image recordings, software programs and computer consumables offered in material form, provided that protective elements such as packaging, tape, seal and package have been opened by the BUYER;
- f) In contracts regarding the delivery of periodical publications such as newspapers and magazines other than those provided within the scope of the subscription contract;
- g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes that must be made on a specific date or period;
- h) In contracts regarding the performance of betting and lottery related services;
- i) In contracts regarding services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal period;
- j) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the consumer (such as coupons).
The right of withdrawal cannot be exercised in respect of goods or services that are excluded from the scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the Buyer's home with the Seller's regular deliveries and services in areas such as travel, accommodation, restaurant business and entertainment sector).
Pursuant to Article 13/2 of the Regulation, the BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and instructions for use within the withdrawal period.
- REASONABLE CAUSE
Situations that do not exist or are not foreseen at the date the Agreement enters into force, that develop beyond the control of the SELLER, and that make it impossible for the SELLER to partially or completely fulfill its obligations and responsibilities under the Agreement or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, riot, seizure, strike, lockout, significant failure in production and communication facilities, etc.).
The SELLER shall notify the BUYER in writing within three (3) days from the date on which it learns of the force majeure.
During the continuation of force majeure, SELLER will not be liable for any failure to fulfill its obligations. If this force majeure situation continues for thirty (30) days, the parties will have the right to unilaterally terminate this Agreement.
- WARRANTY
Sleeping products and mattresses used in accordance with the instructions for use are guaranteed for 2 years.
Warranty liability only applies to consumers covered by Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code will apply.
- DEFAULT AND LEGAL RESULTS
In case the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the BUYER and in any case, in case the BUYER defaults due to his debt, the BUYER will be liable for the loss and damage suffered by the SELLER due to the delayed performance of the debt by the BUYER.
- NOTICES
All correspondence between the parties under this Agreement will be made via e-mail or the Website, except for the mandatory cases listed in the legislation.
- DISPUTE RESOLUTION
BUYER may apply to the Provincial or District Consumer Arbitration Committee or Consumer Court where he/she purchased the product or where he/she resides (depending on the values declared by the Ministry of Trade) against the SELLER.
(17) This Agreement, consisting of seventeen articles, was concluded by being read by the parties and approved electronically by the BUYER and SELLER, and entered into force on the same date.
SELLER
New System Bed Sleep Products Transportation Industry Trade Co. Ltd.
