TONY MONTANA PRELIMINARY INFORMATION FORM
1. Parties and Subject
The subject of this Preliminary Information Form is to inform you about the Distance Sales Contract (“Contract”) between BOZATLI MAĞAZACILIK İNŞAAT TURİZM OTO SANAYİ VE TİCARET LİMİTED ŞİRKETİ (“Seller” or “Tony Montana”) located at Merkez Mahallesi 711 Sokak No 7 Bağcılar İstanbul and the person who will purchase the product from the tonymontana.com website (“Website”) belonging to the Seller (“Buyer”) in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. In addition, information regarding the issues in Articles 5/2-a, d, g and h of the Regulation on Distance Contracts is included in this Preliminary Information Form.
The Buyer accepts in advance that he/she has been informed by the Seller through this Preliminary Information Form before accepting the Distance Sales Contract or any offer corresponding to it.
2. Seller Information
Seller
Title:
BOZATLI MAĞAZACILIK İNŞAAT TURİZM OTO SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address:
Merkez Mahallesi 711 Sokak No 7 Bağcılar İstanbul
MERSİS:
Phone:
05324088669
E-Mail:
musterihizmetleri@tonymontana.com
3. Right of Withdrawal
3.1. We undertake that the Buyer has the right to withdraw from the contract by rejecting/returning the goods within fourteen (14) days from the date of receipt of the goods or delivery of the goods to the third person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification.
3.2. The goods must be sent back to the Seller's delivery address specified in Article 4.1 or to the person authorized by the Seller via MNG cargo company within ten (10) days from the date of receipt of the notice of withdrawal by the Seller. If the goods are sent back through the cargo companies with which the Seller has a contract as specified above, the Buyer will not be held responsible for the costs related to the return.
3.3. In order to exercise the right of withdrawal, a return request must be created on the website within this period.
3.4. When exercising the right of withdrawal, the Buyer;
(i) The invoice of the product delivered to the Buyer or the person designated by the Buyer as the person to whom the Buyer will deliver,
(ii) The products to be returned complete and undamaged, together with the box, packaging, and standard accessories, if any, shall be sent to the Seller via the MNG KARGO company with which the Seller has an agreement within ten (10) days from the notification that the right of withdrawal has been used.
(***) If the Buyer is a natural or legal person acting for commercial or professional purposes and/or if the invoice for the product subject to the Agreement is issued in the name of the Buyer acting for commercial or professional purposes, excluding the consumer rights of the Buyer (right of withdrawal without justification, etc.), if the Buyer wishes to return the product, the product must be sent together with the return invoice to be issued when returning it. (If the Buyer is a real or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Agreement is issued in the name of the Buyer acting for commercial or professional purposes; the Buyer cannot benefit from the provisions of this Agreement and the law that grant special rights and opportunities to consumers and consumer rights.)
3.5. If the Buyer exercises his right of withdrawal, the Seller shall immediately initiate an action with the relevant bank to have the product price refunded to the Buyer's bank account or credit card account within fourteen (14) days from the date the notice of withdrawal reaches the Seller.
3.6. The product to be returned by exercising the right of withdrawal shall be sent free of charge by the Buyer to the address specified by the Seller through the MNG Cargo company with which the Seller has a contract, within ten (10) days from the date the right of withdrawal reaches the Seller. The shipping costs for products sent to the Seller without a notice of withdrawal or with cargo companies that are not contracted shall be covered by the Buyer. The Buyer knows and accepts that he/she will pay the shipping fee in this case.
3.7. The Buyer cannot use the right of withdrawal for the following goods or services:
Products that are prepared in accordance with the special requests of the consumer or clearly in line with his/her personal needs, products that are not suitable for return due to their nature, products that are not suitable for return in terms of health and hygiene after delivery and that come into direct contact with the body, and underwear products cannot be returned.
Returns of products used other than for trial purposes will not be accepted. No labels placed on the products for which the right of withdrawal will be used can be removed by hanging, sticking or otherwise. Returns of products whose labels have been removed, torn, torn, etc. will not be accepted.
Returns of washed products will not be accepted. Returns of products that have perfume, deodorant or any other odor and/or traces/stains, products that are worn, torn, have tampered with the inner lining or have been damaged in any other way or products whose resale possibility has been eliminated will not be accepted.
4. Product/Product Information
The type and kind of the Product/Products (goods/services), quantity, brand/model/color, unit price(s) and sales price, and the invoice address and delivery location provided by the Buyer are the information selected and provided by the customer during the purchasing phase.
5. General Provisions
5.1. The Product subject to the contract is delivered to the Buyer or the third person/organization at the address provided on the Website in accordance with the principles specified below, provided that the legal thirty (30) day period is not exceeded.
5.2. The Seller sends and delivers the Products through a contracted cargo company for its shipments. If this cargo company does not have a branch in the Buyer's location, the Buyer must pick up the Product from another branch of the cargo company specified by the Seller.
5.3. In general and unless otherwise expressly stated, delivery expenses (cargo fee, etc.) belong to the Buyer. The Seller may not reflect all or part of the delivery costs to the Buyer depending on the campaigns it conducts at the time of sale and the terms of which are announced on the Website.
5.4. If the Buyer is not present at the address at the time of delivery of the products and the people at the address do not accept the delivery, the Seller will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the Buyer's responsibility to contact the cargo company and follow up on the shipment of the products. If the Product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the person/organization to be delivered not being present at the address or not accepting the delivery. In such cases, all kinds of damages arising from the Buyer's late receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the Seller belong to the Buyer.
5.5. The Buyer is responsible for checking the Product upon receipt and, if it sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company official. Otherwise, the Seller shall not assume any liability.
5.6. Unless otherwise stipulated by the Seller in writing, the Buyer must have paid the price in full before receiving the Product. In cash sales, if the Product price is not paid in full to the Seller before delivery, and in installment sales, if the due installment amount is not paid, the Seller may unilaterally cancel the contract and not deliver the Product. If, for any reason after the Product delivery, the Bank/financial institution to which the credit card used for the transaction belongs does not pay the Product price to the Seller or requests the amount paid back, the Product shall be returned to the Seller by the Buyer within three (3) days at the latest. If the non-payment of the Product price is due to a fault or negligence of the Buyer, the shipping costs shall be covered by the Buyer. All other contractual-legal rights of the Seller, including the right to pursue the receivable price of the Product without accepting the return, are reserved separately and in any case.
5.7. For the avoidance of doubt; In cases where the Buyer pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales realized within this framework and for which the Seller collects the price in a lump sum or in stages are not credit or installment sales for the parties to this Agreement, but are cash sales. The Seller's legal rights in cases legally considered as installment sales (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In the event of default by the Buyer, a default interest shall be applied at a monthly rate as stipulated by the laws in force.
5.8. If it is understood that the Seller cannot supply the Product subject to the Contract, the Seller may supply another product/service of equal quality and price, provided that it clearly informs the Buyer in accordance with the law within three (3) days from the date of learning of this situation and obtains his verbal/written approval, and thus the commitment subject to the Contract is deemed to have been fulfilled. The Buyer is free to give or not to give such approval in all respects, and in cases where it does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.
5.9. The Buyer is responsible for the careful protection of the product after delivery. If the right of withdrawal is to be exercised, the product must not be used, and the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the Buyer.
5.10. If the Product cannot be delivered within the legal maximum period of thirty (30) days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the Seller shall inform the Buyer regarding the delivery. In this case, the Buyer may cancel the order, order a similar product or wait until the end of the extraordinary situation.
5.11. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the Contract, if the Product price has been collected, it shall be returned to the Buyer within a maximum of fourteen (14) days. The requirements of the following rule are reserved. The return shall be made in accordance with the payment instrument used by the Buyer to pay the Product price to the Seller. For example, in credit card payments, the return transaction shall be made by returning the Product to the Buyer's credit card and the Product amount shall be returned to the relevant bank within the same period after the order is cancelled by the Buyer; since the reflection of this amount to the Buyer's accounts after the return transaction is made by the Seller is completely related to the bank transaction process, the Buyer accepts in advance that the Seller cannot intervene and assume responsibility for possible delays (the process of reflecting the return to the Buyer's account by banks can generally take up to 3 (three) weeks).
5.12. The Seller has and reserves the rights of offset, discount and deduction arising from this Contract and the law for the amount to be returned. The Buyer's legal rights are also reserved and available in cases where the Contract is terminated by the Buyer due to the Seller's failure to perform its obligations.
5.13. The Buyer may notify the Seller of its requests and complaints regarding the Product and sales verbally or in writing by reaching the Seller's communication channels specified in Article 2 of this Preliminary Information Form.
5.14. Since the Buyer is sent to the e-mail address he/she provided after acceptance, he/she can access and review the said information and this Contract at any time by saving and storing the said e-mail on his/her device. On the other hand, it is kept in the systems of the Seller for a period of 10 years.
5.15. If the product price is not paid for any reason or the bank payment is canceled after the approval of this Preliminary Information Form and the Contract is concluded, the Seller waives its obligation to deliver the product until the Buyer pays the product price and informs the Seller.
5.16. After this Preliminary Information Form is read and accepted by the Consumer in electronic environment, the Distance Sales Contract establishment phase will be started
6. Dispute Resolution and Competent Jurisdiction
Any dispute that may arise between the parties is subject to the laws of the Republic of Turkey and in the resolution of disputes that cannot be resolved by mutual agreement of the parties, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits.