Distance Sales Agreement

1 – PARTIES

1.1 – SELLER
Title SAMM Teknoloji İletişim San ve Tic. A.S.
Address: Gebze Organised Industrial Zone (GOSB) Ihsandede Cd. 800. Sok No: 802, 41400 Gebze-Kocaeli, Turkey
Telephone : +9 (0262) 677 16 80
Fax :+9 (0262) 677 16 81
E-mail address: info@samm.com
Seller Mersis No: 0-7420-3002-2000011
Seller E-Mail Address: info@samm.com
Cargo Company that the Buyer will send the goods to the Seller in case of return: Returns are sent back with the cargo company preferred by the customer when purchasing the product.
Call Centre: +90 444 1 726

1.2 – BUYER
The person who is a member of the *www.samm.com shopping site as a customer.
The address and contact details used when becoming a member are taken as basis.

2 – SUBJECT AND SCOPE

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. 6502 on the Protection of BUYERS in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the https://samm.com/ website of the SELLER.

The provisions of this contract are subject to the Turkish Commercial Code, the Code of Obligations and the general provisions not listed herein, which are valid in commercial purchases and sales, and the law on the protection of the BUYER does not apply to the BUYER Law and related regulations since the parties are merchants and tradesmen.

3 – BASIC CHARACTERISTICS AND PRICE OF THE PRODUCT AND SERVICE SUBJECT TO THE CONTRACT

Product Code and Name:

Quantity:

Seller Title:

Unit Price Excluding VAT:

Total Amount Including VAT:

Total Sales Amount:

Payment Method and Plan:

Shipping Cost:

In the section above, there is information on how many instalments the order total to be sent to your bank will be paid.
Your bank may organise campaigns and apply a higher number of instalments than the number of instalments you have selected, and services such as instalment deferral may be offered. Such campaigns are at the initiative of your bank and information about the campaigns is provided on our pages if they are within the knowledge of our company.
As of the account cut-off date of your credit card, the order total will be divided by the number of instalments and will be reflected in your credit card summary by your bank. The bank may not distribute the instalment amounts equally to the months, taking into account the fraction differences. The creation of your detailed payment plan is at the initiative of your bank.
After the delivery of the product, if the relevant bank or financial institution does not pay the product price 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 must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, the transport expenses belong to the BUYER.

On the other hand, due to the fact that credit sales are made only with credit cards belonging to the Banks, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

In addition, since the credit sales facility is provided by the Banks only to the BUYER who is the Bank’s Customer, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank separately, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will be applied within the scope of the Instant / Distance Shopping Credit agreement between the Bank and the BUYER. It is at the discretion of your Bank to grant credit and to create your detailed payment plan.

4. DELIVERY AND DELIVERY METHOD

Terms of Delivery;

Delivery Address:

Persons to be Delivered:

Billing Address:

Delivery will be delivered by hand within 30 days at the above-mentioned address of the Buyer via ………………………….cargo company.

Even if the buyer is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. For this reason, any damage caused by the late delivery of the product by the buyer and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.

Shipping Fee: ……….. TL, the shipping price is added to the total amount of the order and paid by the customer. SAMM has the right to charge extra shipping fees for product shipments of non-standard size and weight or for shipments to settlements outside the cargo zone.

The products paid in full and in full by the BUYER will be delivered to the address specified above by the BUYER. SAMM cannot be held responsible for the products that cannot be delivered within the period due to reasons such as the products not being in stock or the BUYER changing the delivery address.

SAMM is not obliged to verify the delivery addresses given by the BUYER. The Goods / Service will be delivered to the address and person / persons specified in the order form and this contract. Packaging, cargo and delivery costs are borne by the BUYER. The shipping fee is the price written above and the shipping price is added to the total amount of the order. It is not included in the product price.

Shipping Fee : ……….. TL, the shipping price is added to the total amount of the order and paid by the customer. SAMM has the right to charge extra shipping fees for product shipments of non-standard size and weight or for shipments to settlements outside the cargo zone.

5.PAYMENT

For the delivery of the product subject to the contract, the price of this contract must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or is cancelled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

The time of processing the orders is not the moment the order is placed, but the moment we determine that the necessary collection from the credit card account has been made or the transfer (EFT) has reached our accounts. In exceptional cases, if a product stock problem is encountered, the customer is immediately informed, a new product can be sent in line with the customer’s request, the product can be expected to enter the stocks and / or the order can be cancelled.

The processing time of orders made by money order and EFT is the moment the payment reaches the site account. SAMM cannot be held responsible for delays that may occur in payments made by money order and EFT.

6. CONTRACT TERM

The contract date is the date of …./…./……, which is the date the order is placed by the BUYER.

Situations that do not exist or were not foreseen on the date of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to fulfil their obligations and responsibilities assumed by the contract partially or completely or to fulfil them on time, will be considered as force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs shall notify the other party immediately and in writing. During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfil their obligations. If this force majeure situation continues for 1 month, each party will have the right to terminate as a single party.

7.REFUND

In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the BUYER with the decisions of the arbitration committee, the refund procedure for payment options is stated below:

a) Refund Procedure for Credit Card Payment Options

If the shopping is made by credit card and in instalments, the Bank makes the repayment to the BUYER in instalments, depending on the number of instalments the BUYER has purchased the product. After the SELLER pays the full amount of the product price to the bank at one time, in the event that the instalment expenditures made from the Bank’s poses are refunded to the BUYER’s credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in instalments in order to prevent the parties involved in the matter from becoming aggrieved. The instalment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the BUYER will receive the instalments paid before the return after the instalments of the sale are over, the number of instalments paid before the return and will be deducted from the existing debts.

In case of the return of goods and services purchased with the card, the SELLER cannot pay the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make a refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or in offset, the BUYER cannot be paid in cash in accordance with the procedure we have explained above. The return to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank at one time.

The BUYER accepts and undertakes that he/she has read and accepted this procedure.

b) Return Procedure for Money Order / EFT Payment Options

The return will be made in the form of money order and EFT to the account that the BUYER has paid to you.

The SELLER pays back the entire product price to the bank in one go.

In case of the return of the goods and services received via money order / EFT, the SELLER cannot pay the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make a refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or in cash, the BUYER cannot be paid in cash in accordance with the procedure we have explained above.

The BUYER accepts and undertakes that he / she has read and accepted this procedure.

In case of defective (defective, defective, defective, etc.) of the products sold with a warranty certificate or in case of malfunction or deterioration within the scope and conditions of the warranty, the products in question can be sent to the SELLER for the necessary repair to be made to the authorised service, in which case the shipping costs will be covered by the SELLER.

In accordance with the 385 numbered tax procedure law general communiqué, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us together with the product after signing.

Promotional and campaign products of the product you will return, given as a gift, must also be returned at the same time.

8 – RIGHT OF WITHDRAWAL

The BUYER (BUYER) has the right to withdraw from this Distance Sales Contract within 14 (fourteen) days without any justification and without penal clause. The right of withdrawal period starts on the day the contract is established in contracts for the performance of services; In contracts for the delivery of goods, it starts on the day the BUYER or the third party designated by the BUYER receives the goods. However, the BUYER may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods. In determining the right of withdrawal period;

a) For goods that are the subject of a single order and delivered separately, the day the BUYER or the third person designated by the BUYER receives the last goods,

b) For goods consisting of more than one part, the day the BUYER or the third party designated by the BUYER receives the last part,

c) In contracts where regular delivery of the goods is made for a certain period of time, the day on which the BUYER or the third party designated by the BUYER receives the first goods is taken as the basis. You can make your withdrawal notification through the easy return option on your personal membership page on www.samm.com before the right of withdrawal expires. The product price is returned to the BUYER within 10 days from the date of receipt of the BUYER’s withdrawal notification to the seller. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.

In accordance with the 385 numbered general communiqué of the tax procedure law, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing. The BUYER hereby expressly undertakes that the detailed information about the existence and duration of the right of withdrawal by the seller on the date of conclusion of this contract has been made to him correctly and completely. If the BUYER does not use the right of withdrawal within the period and in accordance with the information provided to him, he will lose this right and will not be able to benefit from this right.

If the SELLER determines that the product has a use beyond an ordinary review, it does not receive the product and does not refund the price. In this case, it will not be possible to mention that the BUYER has the right of withdrawal. If it is a boxed product, the product will be returned with its box and the warranty certificate etc. documents.

In order to use the product return (right of withdrawal), the address, fax and e-mail notification must be made to the customer service at the address, fax and e-mail information below.

Adress: Gebze Organize Sanayi Bölgesi (GOSB) İhsandede Cd. 800. Sok No: 802, 41400 Gebze-Kocaeli, Türkiye

E-mail: info@samm.com

Faks: +90 (262) 677 16 81

The information of sending the product as a return is forwarded to the SELLER. After this meeting, the BUYER must deliver the product with the cargo company that delivers the product to the address together with the return form, (if the promotion is entitled, the promotional product that is an integral part of the product subject to sale or the order placed), the original invoice of the product and the sample of the cargo delivery report to the SELLER within 10 days from the date of the notification of the use of the right of withdrawal to the SELLER. If the partial or full return has changed the promotional condition, then the promotional product must also be returned. If the promotional product is not returned, it is subject to normal sale by the SELLER and invoiced to the customer and the corresponding price is collected. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. If the product reaching the SELLER meets the specified conditions, it is accepted as a return and the payment is made to the BUYER’s credit card / account. The period of reflection of the returns made to the credit card to the credit card accounts is at the disposal of the relevant bank. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. In case the product is defective, the return conditions are specified in the warranty conditions section.

9. PROCEDURE TO BE APPLIED FOR DEFECTIVE AND DEFICIENT PRODUCTS

The BUYER may return the purchased Goods / Service within 14 (fourteen) days from the date of delivery without any legal and criminal liability and without any justification, using the right of withdrawal. Provided that,

9.1 The product whose price is determined in the stock exchange or other organised markets cannot be returned.

9.2 Products prepared in accordance with the wishes of the BUYER or clearly in line with his personal needs cannot be returned.

9.3 Products that deteriorate rapidly or that are likely to expire cannot be returned.

Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; The products subject to the contract for the delivery of those whose return is not suitable in terms of health and hygiene cannot be returned.

9.4 Printed and printed products (books, business cards, brochures, brochures, advertisements, etc.) cannot be returned.

9.5 Products that are mixed with other products after delivery and cannot be separated due to their nature cannot be returned.

a) All kinds of software and programmes, DVD, DIVX, VCD, CD, CD, MD, videocassettes, books, digital content and computer and stationery consumables presented in material media cannot be returned if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

b) Except for those provided within the scope of the subscription agreement, contracts for the delivery of periodicals such as newspapers and magazines are not refundable.

9.6 Services for accommodation, goods transport, car hire, car hire, food and beverage supply, entertainment or recreation, which must be performed on a specific date or period, cannot be refunded.

9.7 Services performed instantly in electronic environment or intangible products and services delivered instantly to the BUYER cannot be returned.

9.8 Services started to be performed with the approval of the customer before the expiry of the right of withdrawal period cannot be returned.

9.9 If the software/game CD in the product packages sold with the purchased software and / or game CD is opened, it cannot be returned within the scope of the right of withdrawal.

9.10 Products that require installation must be opened and installed by Authorised Service. Products opened outside the Authorised Service may be out of warranty. If a problem is detected in the product during the service installation, exchange / return transactions can be made with a report.

9.11 The use of the right of withdrawal in the following products depends on the condition that the packaging of the product is unopened, intact and the product has not been used:

– Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Products that are not suitable for return in terms of health and hygiene (cosmetics, headphones, etc.) cannot be returned.
– All kinds of software and programmes
– DVD, VCD, CD and cassettes
– Computer and stationery consumables (toner, cartridge, ribbon etc.)
– Telephone top-up orders

Warranty Conditions: The warranty information of the products purchased should be paid attention by the BUYER before the purchase. When on-site service is requested for a product that is not guaranteed on-site service and maintenance, various difficulties and dissatisfaction arise. Avoiding such situations is the most sensitive issue.

The warranty conditions of the purchased products are provided by the importer / manufacturer company. BUYERS must read the product manuals that come with the products or call the technical support hotline that comes with the product invoice and get information.

If the BUYER applies to the product technical services with the product invoice in case of product defect or malfunction, the BUYER will be able to receive the necessary service at the customer site or service points within the scope of warranty conditions. In order for the BUYER to reach the nearest service point for the product, it is sufficient to call the numbers that come with the invoice or announced on our website.

In the event that the product failure cannot be eliminated within the scope of the warranty, the importer / manufacturer company is responsible for issues such as replacing the product with a new one / providing another equivalent product.

The SELLER is obliged to deliver the product completely. BUYER; When receiving the product, it is obliged to check the product and keep a report to the cargo authority in case of missing or damaged. Otherwise, the product is considered to be delivered in the status of a problem-free product.

The BUYER is obliged to create a return form and send it to SAMM in full and complete form as it has received the product together with the notice of defect.

The BUYER declares that he/she will provide the inspection and control obligation against the defects that are not clearly visible (hidden) in the delivered products, and that he/she will immediately notify SAMM if a defect is detected in the products within 14 business days from the date of delivery, otherwise he/she accepts the product in its defective state.

SAMM, after making the necessary checks, if it is understood that the BUYER is right in his statements, is obliged to replace the defective product and deliver the new product or return the price of the product to the BUYER to cover all expenses.

If the product returned by the BUYER is out of stock or if it is not possible to replace it with a defect-free product for similar reasons, SAMM declares that it will return the product price to the BUYER without interest. In this case, the CORPORATE BUYER must issue a return invoice and the INDIVIDUAL BUYER must fill out the Return Form and deliver it to SAMM.

– The BUYER accepts and declares that he/she knows that if the product he/she has purchased requires installation/support, it should only be intervened by the authorised service, otherwise he/she accepts and declares that he/she cannot hold SAMM responsible for any problems/conflicts that may arise due to intervention by unauthorised persons.

– The provisions of the tax procedure law and regulations are reserved for the return of the products and the BUYER and SAMM are obliged to comply with these provisions.

10. Privacy

10.1 If the BUYER makes the shopping with a credit card or debit card, all responsibility arising from the use of the card belongs to the BUYER. SAMM does not accept any responsibility. Identity verification may be requested by SAMM when deemed necessary. If it cannot be determined that the card used belongs to the BUYER, the transaction may be cancelled by the site. If unauthorized use is notified to the site; If the order is notified before the order is shipped, the order is cancelled and the bank is instructed to return.

10.2 The PARTIES hereby accept, declare and undertake that they are obliged not to share the trade secrets they have obtained about each other with third parties in accordance with this contract, otherwise they accept and undertake that they are responsible for the damages that may arise.

10.3 The BUYER declares, accepts and undertakes that he/she has read and accepted all the provisions of this contract by signing this contract and that this contract will be binding on him/her in accordance with his/her will and the law

11. COMPELLING REASON

The site cannot be held responsible for deliveries that are prevented or delayed as a result of other unforeseeable events (Force Majeure) that are not caused by the fault of the site, beyond its control. This situation cannot be considered a violation of this agreement. If this force majeure continues for 1 month, the parties have the right to unilaterally terminate this agreement.

12. TERMINATION OF THE CONTRACT

12.1 SAMM has the right to terminate the contract unilaterally and without compensation if the ordered products are not in stock, if the BUYER does not fulfil the payment obligations of the BUYER and if delivery cannot be made to the BUYER’s address specified in this contract. If payment has been made by the BUYER, the product price will be returned to the BUYER.

12.2 If the contract is terminated due to the BUYER’S fault, the delivery costs belong to the BUYER.

12.3 If SAMM does not fulfil its obligations in this contract; The BUYER shall notify the BUYER and request that it fulfil its obligations within 7 business days. If SAMM does not fulfil its obligations despite the notification, the BUYER may terminate this contract. If the product has been delivered; by returning the product, it may request a refund of the price paid. In case of termination due to SAMM’s fault, the product delivery and all costs belong to SAMM.

13. DISCLOSURES AND EVIDENTIAL CONTRACT

All correspondence to be made between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the legislation. The BUYER accepts, declares and undertakes that the official books and commercial records of the parties and the electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

14– AUTHORISED COURT

In all disputes that may arise from this contract, Istanbul Anatolian Consumer Courts and Execution Offices shall be authorised.

This contract has been accepted and electronically signed by the parties before the BUYER makes payment.

In disputes arising from this contract, the Arbitration Committee for Consumer Problems or the Consumer Court in the place where your direct place of residence is located or where the BUYER transaction is made is authorised (within the monetary limits determined by the Ministry of Customs and Trade in December each year, the monetary limits for the Consumer Arbitration Committees to be responsible and authorised to look into disputes for 2018; The upper monetary limit for district Consumer Arbitration Committees is 4 thousand 570 Turkish Liras, the monetary limit for provincial Consumer Arbitration Committees in provinces with metropolitan status is between 4 thousand 570 Turkish Liras and 6 thousand 860 Turkish Liras, the upper monetary limit for provincial Consumer Arbitration Committees in the centres of non-metropolitan provinces is 4 thousand 570 Turkish Liras, the monetary limit for provincial Consumer Arbitration Committees in the districts of non-metropolitan provinces is between 4 thousand 570 Turkish Liras and 6 thousand 860 Turkish Liras. ).

In the event that the order is realised, the BUYER is deemed to have accepted all the terms of this contract.

Please Attention: Before signing the cargo report, please check whether your cargo package is damaged due to transport. If there is damage to your cargo package for any reason, return your cargo to the cargo authority for a report without signing any documents related to delivery. Your new products will be sent to you immediately. SAMM Teknoloji is not responsible for the damage or deficiency of the products in case of receipt of the products whose cargo package is damaged.

15.All of these terms and conditions are subject to Turkish Law.

In the event that the order is realised, the BUYER is deemed to have accepted all the terms of this contract.

SELLER: SAMM Teknoloji İletişim San. ve Tic. A.Ş.

BUYER:

DATE:

Approval Date:
IP Adress:
Approval Code: