ARTICLE 1- PARTIES TO THE CONTRACT
SELLER: JOY-ES
Web : www.joy-es.com
E-Mail : official@joy-es.com
Phone : 0537 470 16 12
Address : Nef Merter 12, Maltepe Mh, Çırpıcı Yolu B Çk. No:3, 34010 Zeytinburnu/İstanbul
BUYER
Name/Surname Title if any:
Address:
Phone:
E-mail:
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 Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of goods/services that the Buyer has ordered electronically from the Seller’s www.joy-es.com website, which have the qualities mentioned in the contract and whose sales price is also specified in the contract. The Buyer is responsible for the basic qualities of the goods/services subject to sale, sales price, payment method, delivery conditions, etc. The BUYER hereby declares and accepts that he/she has read and is informed about all the preliminary information and the right of withdrawal regarding the goods/services subject to sale, that he/she has confirmed this preliminary information electronically and that he/she has subsequently ordered the goods/services in accordance with the provisions of this contract.
ARTICLE 3- GENERAL PROVISIONS
3.1. The BUYER declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes and the payment method, delivery and that the expenses thereof will be covered by the BUYER, the period in which the delivery will be made and the full commercial title, full address and contact information of the SELLER on the www.joy-es.com website and has made the necessary confirmation electronically.
3.2. By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the Consumer by the Seller before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
3.3. The contractual product shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period. However, the right to extend this period by a further 10 (ten) days with written notice is reserved under all circumstances. All kinds of cargo fees related to the delivery shown in the Cargo and Delivery information section shall be covered by the BUYER and shall be reflected in the invoice for the order under the name of “Cargo Fee”.
3.4. If the contractual product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.
3.5. The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.
3.6. The SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
3.7. The SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the contractual performance obligation, provided that it has a justified reason.
3.8. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual performance obligation and may supply the BUYER with a different product of equal quality and price.
3.9. In order for the delivery of the contractual product, it is required that this contract be accepted online and delivered to the SELLER and that the price be paid with the payment method preferred by the BUYER. If the product price is not paid or is canceled in the bank records for any reason, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.
3.10. If the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or illegal use of the BUYER’s credit card by unauthorized persons not caused by the BUYER’s fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
3.11. If the SELLER cannot deliver the product subject to the contract within the due date due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the obstacle. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER within 10 days.
In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount in the BUYER’s account after the refund to the bank is completely related to the bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene in any way for possible delays and the SELLER will not be able to intervene in the event of any delays.
ARTICLE 4 – DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the Buyer. If the Seller has declared on the website that the delivery fee of those who shop above the amount declared 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 price of the goods is transferred to the Seller’s account. The Seller delivers the goods/services within 30 (thirty) days from the date of order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the price of the goods/services is not paid for any reason or is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the goods/services.
ARTICLE 5- SPECIFICATIONS OF THE GOODS/SERVICES SUBJECT TO THE CONTRACT
The type and kind of the goods/service, quantity, brand/model, color and sales price including all taxes are as specified in the information on the goods/service introduction page on the website www.joy-es.com and in the invoice which is considered an integral part of this contract.
ARTICLE 6- CASH PRICE OF THE GOODS/SERVICES
The cash price of the goods/services is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 7- DEFERRED PRICE
The price of the goods/services according to the term made to the sales price is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 8- INTEREST
It cannot exceed the interest rate determined by the Government of the Republic of Turkey each year and in any case 30%. The Buyer is liable to the bank it works with in accordance with Article 13.
ARTICLE 9 – 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/her or to the person/institution at the address he/she has indicated. In order to exercise the right of withdrawal, the Seller must be notified by fax or e-mail within the same period and the goods/services must be unused and their packages must not be damaged, within the framework of the provisions of Article 15 and in accordance with the preliminary information published on the www.joy-es.com website, which is an integral part of this contract. In the event of exercising this right, the original invoice for the goods/services delivered to a 3rd party or the Buyer must be returned. The cost of the goods/services will be refunded to the Buyer within 7 days following the receipt of the notification regarding the right of withdrawal and the goods/services will be received back within a period of 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 shall be covered by the Seller.
ARTICLE 10- GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods/services that cannot be returned due to their nature are goods/services that deteriorate rapidly and have expired, single-use goods/services, and products that require hygiene rules. In addition, in order to exercise the right of withdrawal for all kinds of clothing, health and cosmetic materials, the packaging of the goods/services must be unopened, intact and unused.
ARTICLE 11- DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on transactions made with a credit card, the cardholder bank will pay interest within the framework of the credit card agreement it has 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, if the Buyer defaults due to its debt, the Buyer agrees to pay the Seller’s losses and damages due to the delayed performance of the debt.
ARTICLE 12- AUTHORIZED COURT
In disputes that may arise from this contract, Consumer Arbitration Committees, up to the value declared by the Ministry of Industry and Trade, in places where there is no consumer court, Civil Courts of First Instance are authorized.