ARTICLE 1 — SELLER INFORMATION
ARTICLE 1.1 — SELLER
Legal name: Cosmos Designe Spor Ekipmanları Mobilya Nakliyat İthalat İhracat Sanayi Ve Tic. Ltd. Şti.
Address: Yenigöl Mah. Kanal Sokak. Konut No:185 Muratpaşa / Antalya
Phone: +90 506 865 18 00
ARTICLE 1.2 — BUYER
The person who, as a customer, registers on the cosmospilates.com shopping site or places an order. The address and contact details used when registering or ordering are taken as the basis.
ARTICLE 2 — FEATURES OF THE PRODUCT BEING SOLD
The basic features of the goods or services are on cosmospilates.com. You can review the basic features of the product during the campaign.
The prices listed and advertised on the site are the selling prices. Advertised prices and promises remain valid until they are updated and changed. Prices advertised for a limited time remain valid until the end of the stated period.
The type, quantity, brand/model, colour, number, selling price and payment method of the goods, product or service consist of the information at the moment the order is completed.
ARTICLE 3 — GENERAL PROVISIONS
3.1) The BUYER declares that they have read and been informed of the basic qualities of the product that is the subject of the contract, the selling price, the payment method and the preliminary information on delivery on the cosmospilates.com website, and that they have given the required confirmation electronically.
By confirming this Preliminary Information electronically, the BUYER confirms that, before the distance contract was concluded, they correctly and completely obtained the address that the SELLER must give the BUYER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information.
3.2) The product that is the subject of the contract is delivered within 1–7 business days to the BUYER or to the person or organisation at the address the BUYER indicates.
3.3) The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER because of any problem the carrier meets while delivering the product to the BUYER.
3.4) The SELLER is responsible for delivering the product that is the subject of the contract in sound and complete condition, in line with the qualities stated in the order, and, where they exist, with warranty documents and user manuals.
3.5) Before the time for performing the obligations arising from the contract has expired, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express approval.
3.6) If performance of the ordered product or service becomes impossible and the SELLER cannot fulfil the obligations that are the subject of the contract, the SELLER notifies the consumer of this before the time for performance arising from the contract expires, and refunds the total amount to the BUYER within 7–10 days.
3.7) Electronic confirmation of this Preliminary Information Form is a condition for delivery of the product. If for any reason the product price is not paid, or is cancelled in the bank records, the SELLER is deemed released from the obligation to deliver the product.
3.8) If, after delivery, the BUYER’s credit card is used by unauthorised persons in an unjust or unlawful way that is not due to the BUYER’s fault, and the relevant bank or financial institution therefore does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days, provided it was delivered to them.
3.9) If the SELLER cannot deliver the product that is the subject of the contract on time because of force majeure or extraordinary situations that prevent transport, such as adverse weather or a break in transport, the SELLER must inform the BUYER. The BUYER may then cancel the order, replace the product with an equivalent if one exists, and/or postpone the delivery time until the obstacle ends. If the BUYER cancels the order, the amount paid is refunded in cash and in a single payment within 7–10 days. For payments the BUYER made by credit card, the product amount is refunded to the relevant bank within 7 days after the BUYER cancels the order. Because the time for that amount to appear in the BUYER’s accounts depends entirely on the bank’s process, the BUYER accepts that the SELLER cannot intervene in possible delays in any way, and that the time for the amount refunded by the SELLER to the credit card to appear in the BUYER’s account may differ from bank to bank.
ARTICLE 4 — RIGHT OF WITHDRAWAL
In distance contracts for the sale of goods, the BUYER may use the right of withdrawal by rejecting the goods, without taking on any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date the product (excluding concert and event tickets) is delivered to them or to the person or organisation at the address they indicate. In distance contracts for the supply of a service, this period starts on the date the contract is signed. The right of withdrawal cannot be used in service contracts where performance of the service has started with the consumer’s approval before the withdrawal period ends. The costs arising from use of the right of withdrawal belong to the SELLER.
To use the right of withdrawal, written notice must be given to the SELLER by registered post, fax or email within the 14-day period, and the product must be unused within the terms of Article 5. If this right is used:
a) The invoice of the product delivered to a third party or to the BUYER. (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the organisation. Order returns whose invoice was issued in the name of an organisation cannot be completed unless a RETURN INVOICE is issued.)
b) The return form (to be requested from the SELLER).
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and, if any, standard accessories.
d) The SELLER must refund the total price and the documents that place the buyer under a debt to the BUYER within 7–10 days at the latest from the withdrawal notice reaching the SELLER, and must take the goods back within 20 days.
e) If the value of the goods decreases, or return becomes impossible, for a reason arising from the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s losses in proportion to that fault.
f) If, because the right of withdrawal is used, the amount falls below the campaign threshold set by the SELLER, the discount used under the campaign is cancelled.
ARTICLE 5 — PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Under the Regulation, goods prepared according to the BUYER’s requests or clearly according to their personal needs, goods that by their nature are not suitable to be sent back, goods that risk spoiling quickly or whose expiry date may pass, and — provided the BUYER has opened the packaging — sound or image recordings, software and computer consumables, cannot be returned.
The main examples of goods and services for which the right of withdrawal cannot be used are listed below:
• Goods such as gold and jewellery whose price changes with market fluctuations and is not under the seller’s control.
• Goods prepared according to special requests and needs.
• Goods that can spoil quickly or whose expiry date can pass quickly, such as flowers and fresh cake.
• Goods whose return is not appropriate for health and hygiene, such as underwear and earrings, where protective elements such as packaging, tape, seal or packet have been opened.
• Goods with digital content such as CDs and DVDs, computer consumables such as toner and cartridges, and, other than those supplied under a subscription contract, periodicals such as newspapers and magazines, where protective elements such as packaging, tape, seal or packet have been opened after delivery.
• Contracts relating to leisure for entertainment or rest that must be performed on a specific date or in a specific period, such as accommodation including hotel reservations, goods transport, car rental, food and drink supply, and engagement or wedding organisation.
• Services performed instantly in an electronic environment, such as distance education.
• Contracts for intangible goods delivered to you instantly, such as music, films and programs downloaded to a computer or phone.
• Contracts for services whose performance started with the consumer’s approval before the withdrawal period ended.
In the application of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts of the place where the BUYER bought the goods or service and where the BUYER resides are competent, up to the value announced by the Ministry of Industry and Trade. The SELLER may make applications on complaints and objections to the consumer-problems arbitration committee or the consumer court of the place where the goods or service was bought, or where the SELLER resides, within the monetary limits set every December by the Ministry of Industry and Trade of the Republic of Turkey. Information on the monetary limit is below:
Effective from 1/1/2012:
a) The upper monetary limit at which decisions of consumer-problems arbitration committees are binding, or the lower monetary limit at which they are evidence in consumer courts, under paragraphs 5 and 6 of amended Article 22 of Law No. 4077 on the Protection of the Consumer, is TRY 1,161.67. b) Under the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees, published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to hear disputes is TRY 3,032.65.
This Preliminary Information is made for commercial purposes.
Please note: before you sign the carrier’s delivery record, check whether your parcel was damaged in transit. If the parcel is damaged for any reason, do not sign any delivery document; return the parcel to the carrier so that a record can be drawn up. Your new products will be sent to you by us at once. If a damaged parcel is accepted, cosmospilates.com is not responsible for damage to, or missing parts of, the products inside.