DISTANCE SALES AGREEMENT

1- PARTIES TO THE AGREEMENT

INFORMATION ABOUT THE SELLER

Commercial title	:	Hifilife Electronic Commerce and Merchandising Joint Stock Company- 273335-5
Address	:	Sultan Selim Mah. Eski Buyukdere Cad. NO: 61 Inner Door No: 3 Kagithane / ISTANBUL
Web address	:	www.hifilife.com
E-mail address	:	support@hifilife.com
Telephone	:	444 0 794
Fax	:	0212 284 76 80
Mersis No.	:	0462-0860-9960-0001

INFORMATION ABOUT THE BUYER

Name Surname / Title	:	.............
Delivery address	:	.............
Telephone	:	.............

2- SUBJECT

The subject of this Preliminary Information Form is the Buyer, regarding the sale and delivery of the product or products whose quality and sales price are specified below, with the provisions of the Law and Regulation on the Protection of Consumers numbered 6502 and on the Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation and the Regulation on the Amendment of the Regulation on Distance Contracts published in the Official Gazette dated 23.August.2022 and numbered 31932.

 

 

3- FEATURES OF THE GOOD/SERVICE

Explanation	Piece	Unit price	Total amount
.............	XX	XXX TL	XXX TL
Shipping costs			XXX TL
Total (Including VAT)			XXX TL

 

4- DELIVERY PRICE OF GOODS AND SERVICES INCLUDING ALL TAXES

………………… TL.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw without having to show any reason within 14 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated.

In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail within 14 days, and within the framework of the provisions of article 6 of the product and in accordance with the preliminary information published on the www.hifilife.com website, which is an integral part of the product, while testing the packaging and content of the product. It must be undamaged and can be offered for resale by the SELLER, and if it has been used, it must not be from products that cannot be returned hygienically. If this right is exercised,

3. a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)
4. b) Return form (You can find the withdrawal form HERE )
5. c) Within 14 days following the receipt of these documents to the SELLER and the delivery of the product to the designated carrier, the product price is returned to the BUYER and the product is returned within 20 days . The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. In case the product is delivered to another cargo company other than the carrier specified by the SELLER, the 14-day period starts from the delivery of the product to the SELLER.

The shipping cost of the product returned for any reason within the period will be covered by the SELLER.

When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned, and if the invoice is not sent to the SELLER with the product, VAT and other legal obligations, if any, cannot be returned to the BUYER. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.

ARTICLE 6 - GENERAL PROVISIONS

6.1 BUYER, on the website www.hifilife.com, regarding the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method and the delivery and its costs will be borne by the BUYER, the delivery period and the full trade name, full address and contact information of the SELLER. declares that he has read the preliminary information and has correct and complete information and gives the necessary confirmation in electronic environment. The preliminary information form on the payment page of the www.hifilife.com website and the invoice for the sale are integral parts of this Agreement.

6.2 These two copies of the Contract previously signed by the SELLER are signed by the BUYER at ………… hours ………. It has been signed and accepted on the date and a copy will be sent to the recipient's e-mail address by e-mail.

6.3 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated in the order form within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that the period does not exceed 30 days. The SELLER delivers the product within 30 (thirty) days from the order of the goods/services.

6.4 All kinds of shipping costs related to the delivery shown in Article 3 shall be borne by the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by those who shop more than the amount declared or in some campaigns, the delivery cost is covered by the SELLER. delivery; It is done as soon as possible after the stock is available and the cost of the goods is transferred to the SELLER's account.

6.5 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

6.6 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

 

6.7 SELLER'S white goods, sofas, armchairs, etc. Large-volume items do not have to be delivered to addresses on high floors. For this reason, the BUYER should learn and approve from the SELLER where and how large-sized and heavy products will be delivered.

6.8 The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

6.9. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

6.10. If the SELLER fails to fulfill its obligations under the Contract in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the consumer of this situation before the expiry of the performance obligation arising from the Contract and may offer and supply a different product of equal quality and price to the BUYER.

6.11. For the delivery of the product subject to the contract, the signed copy of this Contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

6.12. In the event that 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 after the delivery of the product by unauthorized persons, not due to the BUYER's fault, provided that the BUYER has delivered the product to the BUYER. It is obligatory to send it to the SELLER and return it within 3 days. In this case, the shipping costs belong to the BUYER.

6.13 If the SELLER cannot deliver the product subject to the Contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid and the costs, if any, are paid to him in cash and in full within 14 days .

In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. After this amount is returned to the bank, the reflection on the BUYER's accounts is entirely related to the bank transaction process, and it is not possible for the SELLER to intervene in any way regarding this issue.

ARTICLE 7 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

By its nature; Returns are not accepted for disposable products, copyable software and programs, products that deteriorate rapidly or have a potential to expire. Products for which the right of withdrawal cannot be exercised are specified in Article 15 of the Distance Sales Regulation.

The return of the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused and untested.

- All Kinds of Record Products

- All Kinds of In-Ear Headphones Products

- All kinds of Cosmetic Products

- Underwear Products

- All Kinds of Personal Care Products

- All kinds of software and programs

- DVD, VCD, CD and cassettes

- Computer and stationery consumables (toner, cartridge, ribbon etc.)

ARTICLE 7 - DEADLINE OF THE DEBT (BUYER)

In case the BUYER is in default, the BUYER agrees to pay the SELLER's loss and damage due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

ARTICLE 8 - AUTHORIZED COURT

Consumer; The Buyer can make all kinds of requests and complaints to the Seller's contact addresses specified in Article 1.

Consumers will be able to take legal action in case of disputes with the seller regarding the product they purchased. It is obligatory to apply to Provincial or District Consumer Arbitration Committees in disputes whose value is less than Thirty Thousand Turkish Lira as of 2022. No application can be made to consumer arbitration committees for disputes above these values. Istanbul (Central) Consumer Courts and Enforcement Offices are authorized for disputes of 30.000-TL and above in value (this amount changes annually).

ARTICLE 9 - RIGHTS OF THE CONSUMER

Defective Goods

Inconsistent with the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or which reduces or eliminates its value in terms of allocation or usage purpose or the benefits expected from it by the consumer. Goods that contain material, legal or economic deficiencies are considered as defective goods.

The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including the refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.

The manufacturer-manufacturer, seller, dealer, agent, importer and creditor according to the fifth paragraph of Article 10 or the ninth paragraph of Article 10/B are jointly responsible for the defective goods and the consumer's optional rights in this article. According to the ninth paragraph of Article 10/B, the responsibility of the lending housing finance institution is limited to 1 year from the delivery date and the amount of the loan it has extended. Even in case of transfer of loans given by housing finance institutions in accordance with the ninth paragraph of article 10/B, the responsibility of the lending housing finance institution continues. The institution that takes over the loan will not be liable under this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility. *

If those held responsible for the defect with this article have not assumed responsibility for the defect for a longer period of time, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurred later. This period is five years for residential and holiday immovable properties. Claims to be made due to all kinds of damages caused by the defective goods are subject to a three-year statute of limitations. These claims disappear after ten years, starting from the day the product causing the damage is put on the market. However, if the defect of the goods sold is concealed from the consumer by the seller's gross fault or fraud, the statute of limitations cannot be used.

Except for the provisions regarding liability for damages caused by the defective goods, the above provisions do not apply to the goods purchased knowing that they are defective.

It is obligatory to put a label containing the phrase "disabled" on the defective goods to be sold or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. It is not obligatory to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.

Unsafe goods, even if the label be placed on the market is impaired. These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.

These provisions also apply to any consumer transaction related to the sale of goods.

 

Warranty Certificate

Manufacturers or importers are obliged to issue a guarantee certificate approved by the Ministry for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is completed and delivered to the consumer. The warranty period starts from the delivery date of the goods and is minimum two years. However, due to its characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.

Sales person; In the event that the goods covered by the warranty certificate fail within the warranty period, they are obliged to repair the goods without any charge under any other name such as labor cost, replacement part cost or any other name.

If the consumer has used his right to repair, he can use his optional rights in cases where the inability to benefit from the product is permanent due to frequent breakdowns during the warranty period, or if the maximum period required for repair is exceeded or if it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, the dealer, the agency, the manufacturer-manufacturer and the importer are jointly responsible.

Defects caused by the consumer's use of the product in violation of the terms in the user manual are out of the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining which industrial goods have to be sold with a warranty certificate and the maximum time required for the repair of the defects of these goods, by taking the opinion of the Turkish Standards Institute.

Warranty and Repair Period

Warranty period; It starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.

If the warranty period is determined by another unit of measurement, there must be a device on the goods for the determination of this unit of measurement or its structure must be suitable for the determination of this value. Otherwise, the warranty period is considered to be 2 years.

In case of malfunction of the product, the time spent in repair is added to the warranty period.

The repair period of the goods cannot exceed the maximum repair period announced in the attached list. This period starts from the date of notification of the malfunction of the goods to the service station, and in the absence of a service station, to one of the seller, dealer, agency, representative, importer or manufacturer-manufacturer of the goods. Consumer's fault notification; telephone, fax, e-mail, registered letter with return receipt or similar means. However, in case of dispute, the burden of proof lies with the consumer.

Free Repair Obligation

The seller of the goods; In the event of a malfunction due to material and workmanship or assembly errors within the warranty period, it is obliged to repair or have it repaired without any charge under any other name, such as labor cost, replacement part cost or any other name.

Service stations whether there is a usage error in malfunctions, and if there is no service station, respectively; It is determined by a report prepared by one of the seller, dealer, agency, representative, importer or manufacturer-manufacturer of this good.

Consumers can apply to the arbitral tribunal for consumer problems with the request for an expert to make a determination regarding the report specified in the second paragraph of this article.

Other Obligations

Despite the consumer's right to repair, the goods;

1. a) Faults at least four times within a year or six times within the warranty period determined by the manufacturer-manufacturer and/or importer, provided that it remains within the warranty period, from the date it is delivered to the consumer, as well as making the inability to benefit from the goods permanent,
2. b) Exceeding the maximum time required for its repair,
3. c) If the service station of the company is not available, it is determined that the repair of the malfunction is not possible with a report to be prepared by one of the dealers, dealers, agents, representatives, importers or manufacturers-manufacturers, respectively,

In such cases, the consumer may request a free replacement of the goods, a refund or a reduction in the rate of the defect.

The report specified in subparagraph (c) of this article must be issued within seven days from the application date of the consumer. In the event that the consumer does not issue the report within the specified period or does not accept the report, the relevant consumer problems may apply to the arbitral tribunal to determine the current situation.

The seller cannot refuse the consumer's stated claims. The seller, dealer, agency, manufacturer-manufacturer and importer are jointly and severally liable for these demands of the consumer.

SALES PERSON

.Hifilife Electronic Commerce and Merchandising Joint Stock Company

BUYER

............................ HISTORY ..................... .......

APPENDIX1: Product return procedure

 

Product Return Procedure

1. Purchased products can be returned within fourteen (14) days from the date of delivery, unopened, unused, and stating the reason.
2. Before the return process, the phone number 0212 …………./ should be called, and the situation should be reported by e-mail to support@hifilife.com.
3. These forms to be filled in by our customers or dealers will be sent to the relevant customer representative in writing by fax or e-mail.
4. Incoming Product Return Form will be approved first by the Customer Representative, then by the relevant Product Manager, and will be answered by fax or e-mail to our customers (dealers) again.
5. Our customers (our dealers) will send the approved Product Return Form, together with the return invoice of the products they want to return, to Hifilife via contracted cargo.
6. Any parcel that does not have a signed and approved Product Return form will not be processed by the return acceptance department and will be sent back to the sender at the expense of the sender.
7. The products will be in their original packaging, complete with accessories and undamaged.
8. The products to be returned must be covered and sent in another packaging.
9. For the product to be returned, the reasons for the return must be reported.
10. During the return, the product's invoice, return form, accessories and additional parts should be sent together with the product in such a way that the product and its packaging are not damaged.
11. If the outer packaging of the products received from the cargo is damaged and it is concluded that the product is damaged, a damage report should be issued to the cargo company. Otherwise, the sender will not be held responsible for the damage.
12. The shipping cost of the product to be returned will be paid by the sender, except in the case of the BUYER's request to return the product outside the right of withdrawal or without a justifiable reason.
13. When damaged and defective products are sent to Hifilife within (14) days, the shipping fee will be paid by Hifilife.
14. For defective products, the service report describing the failure should be sent with the product return form.
15. Opened software products, vinyl records and in-ear headphones are non-refundable.
16. The refund of the fee for the returns will be made on the day the product is delivered to the contracted cargo, and on the day it reaches us for the deliveries other than the contracted cargo.