Article 1- Parties
Name: Buka Mağazacılık A.Ş.
Address: Osmangazi Mah. Mareşal Fevzi Çakmak Cad. No: 29/1 Esenyurt, İstanbul, Türkiye
Phone: 0212 886 25 51
behalf of the seller:
Address and contact phone number:
The address, phone, fax and e-mail
to which the use of the right
of withdrawal will be notified:
Name – Surname :
Identity Number :
Article 2- Subject
2.1. The subject of this agreement is to set out the rights and obligations of the parties based on the provisions of the Law on the Protection of Consumers number 6502 and the Regulations on Distant Sales, for the purchase of the product, whose qualities and prices are specified below, that was ordered by the BUYER in the electronic environment from the SELLER’s website www.bukasofa.com.
2.2. The buyer hereby agrees and declares that he or she has been clearly notified by the seller in accordance with the common practices of the internet environment about the name, title, open address, phone number and other contact information of the seller, all preliminary information related to the purchased product, including the basic qualities of the product, sales price including taxes, terms of payment, delivery conditions and expenses, the “right of withdrawal” and the way how it is exercised, and the official authorities to which any related complaint or objection can be submitted, and that he or she confirmed these information in the electronic environment and ordered to product afterwards based on the provisions of this agreement.
2.3. The preliminary information provided at www.bukasofa.com , and the invoice that is issued upon the order placed by the buyer are integral parts of this agreement.
Article 3- Information on the Product/Payment/Delivery under this Agreement
3.1. Type and kind, amount, brand/model, sales price, method of payment, consignee name, delivery address, invoice details and shipment fee for the product(s) purchased in the electronic environment are as specified below. The person who is a party of this agreement and the person to whom the product(s) are invoiced must be the same. The information below must be true and accurate. The buyer hereby agrees to fully compensate any damage that may arise from inaccurate or missing information and assumes all responsibility in such cases. Problems that may arise from the inaccuracy or insufficiency of the information given below, including the problems about the delivery of the ordered product, are completely under the buyer’s responsibility
3.2. The SELLER, when it deems necessary, reserves the right to suspend the delivery of the order, if the information provided by the BUYER is understood to be misrepresented. When a problem is detected about the order and the SELLER cannot reach the BUYER by use of the phone, e- mail or mailing information provided, it will suspend the processing of the order for 15 (fifteen) days, during which the BUYER will be waited to comeinto contact with the SELLER on the issue. If any response cannot be received from the BUYER during the said period, the SELLER will cancel the order to prevent any potential damage from the point of both parties.
Product(s) Purchased :
Name, Code : … pieces
Total Sales Price : … -TL (INCLUDING VAT)
Method of Payment : Credit Card/Bank Transfer (EFT)
Identity Number of
the Consignee :
Phone Number of
the Consignee :
Delivery Address :
Invoice Name :
Invoice Address :
Identity Number of
the Invoice Name :
Tax Office :
Shipment Fee : … -TL
Courier Company :…..
Article 4- Date of Agreement and Force Majeure
4.1. Date of agreement is ../../...., on which the order is placed by the buyer.
4.2. Any condition that is not present or cannot be foreseen on the signing date of the agreement, develops beyond the control of the parties and prevents the timely of complete fulfilment of the obligations and responsibilities of any party under this agreement will be considered force majeure (including but not limited to natural disasters, war, terrorist actions, riots, amendments on laws or regulations, seizure, strike, lockout, significant failures or breakdowns at manufacturing or communication facilities, etc.). The party which is affected by a force majeure condition will immediately notify the other party in written. The parties cannot be held responsible for not fulfilling their obligations under the agreement during the existence force majeure. In case any force majeure condition lasts for at least 30 (thirty) days, any of the parties will be entitled to terminate the agreement unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The seller hereby agrees and undertakes to completely fulfil its obligations conferred by the agreement based on the Law on the Protection of Consumers number 6502 and the Regulations on Distant Sales, except for force majeure conditions.
5.2. Persons under 18 (eighteen) cannot shop at www.bukasofa.com. The age information given by the buyer in the agreement will be considered correct and the seller can never be held responsible for the incorrect age information given by the buyer. In case it is determined afterwards by the seller that the age information given by the buyer at time of ordering was incorrect, the seller will be entitled to reject the delivery of the product, or demand its return by terminating the agreement unilaterally. In such cases, the buyer will be obliged to return any delivered product and compensate all losses and damages related to the use of the product until the time of return.
5.3. www.bukasofa.com cannot be held responsible for pricing errors caused by system failures. Accordingly, the seller disclaims responsibility for publicity or pricing errors that may take place because of the technical system used for the website, design of it, or unlawful interferences to the website. The buyer cannot make any claim based on system failures.
5.4. www.bukasofa.com allows shopping by use of credit cards (Visa, MasterCard, etc.) or bank transfers. Orders that are not paid by use of one of the payment methods specified here in one week after the date of order are cancelled. Orders are put into process when the necessary amount is received by credit card or bank transfer payment, and not when they are placed. Paying at delivery or postal check payment is not accepted unless the prior written approval of the customer services is obtained.
Article 6- Rights and Obligations of the Buyer
6.1. The buyer hereby agrees and undertakes to completely fulfil his or her obligations conferred by the agreement, except for force majeure conditions.
6.2. The buyer hereby agrees and undertakes that he or she will be deemed to accept to act in accordance with the conditions of this agreement and make the related payment with the method specified in the agreement when the order is placed.
6.3. The buyer hereby agrees and declares that he or she has been clearly notified at www.bukasofa.com about the name, title, open address, phone number and other contact information of the seller, all preliminary information related to the purchased product, including the basic qualities of the product, sales price including taxes, terms of payment, delivery conditions and expenses, the “right of withdrawal” and the way how it is exercised, and the official authorities to which any related complaint or objection can be submitted, and that he or she confirmed these information in the electronic environment.
6.4. In connection with the previous paragraph, the buyer agrees and declares that he or she completely read the www.bukasofa.com order/payment/usage procedures that provide information about the product ordering and payment conditions, product usage instructions, measures taken against potential cases and necessary warnings, and confirmed the same in the electronic environment.
6.5. The buyer hereby agrees and declares that products can be only returned free from any damage on the product or its packaging, and together with the original invoice and dispatch note.
Article 7- Ordering/Payment Procedure
7.1. The VAT included price in TL (total amount of instalments for instalment shopping) of the products added in the shopping cart is put into process through the pos device of the related bank card, when it is confirmed by the buyer. For this purpose, an order confirmation e-mail is sent to the buyer, before the actual shipment takes place. Any shipment cannot be made without the order confirmation e-mail to be sent.
7.2. Any failure or disruption in the process or any problem regarding the use of the credit card will be notified to the buyer through at least one of the phone/fax/e-mail numbers/addresses specified in the agreement. When necessary, the buyer will be requested to make contact with his or her bank. Orders are put into process when the necessary amount is received by credit card or bank transfer payment, and not when they are placed.
7.3. When it is understood that the product ordered under this agreement cannot be supplied for justifiable reasons and/or inventory problems, the buyer will be immediately and clearly notified about the situation and if approved by the buyer, an equivalent product at the same level of quality and price can be delivered, or a different product can be delivered provided that the price difference arising from the lower or higher price of the new product is accepted by the buyer, or the order can be held on until the originally ordered product enters in the inventories and/or the problem preventing delivery is resolved, or the order can be completely cancelled based on the decision and choice of the buyer.
7.4. When it becomes impossible to deliver the product ordered under this agreement, the buyer will be notified about the situation and the agreement will be terminated, with any amount already paid by the buyer, or any obligating document already drawn up is returned to the buyer in ten days at the latest. In such cases, the buyer will not be entitled to make any additional claim for moral or material damage.
7.5. www.bukasofa.com provides the opportunity to order by bank transfer, when the buyer is reluctant to use his or her credit card information in the internet environment. When the bank transfer option is chosen, the buyer is free to use the services of the most suitable bank for him or her. When the bank transfer is performed in the EFT form, date of transfer to the bank account of the seller will be accepted as the date of payment. For bank transfers, “Sender’s Information” must be the same with the invoice information and the order number must be specified.
7.6. After the product is delivered, in case the product cost is not paid to the seller by the bank or related financial institution because of the determination of the illegal or unlawful use of the buyer’s credit card without the fault of the buyer him or herself, the buyer will be obliged to return the product to the seller in 10 days. Shipment costs will be paid by the buyer in such cases.
7.7. The BUYER hereby agrees, declares and undertakes that if he or she prefers to use the credit card payment option, he or she will separately make contact with the bank in order to receive information about the actual interest rates and default interest procedures, and that the interest and default interest procedures will be applied between the bank and the BUYER in accordance with the “Credit Card Contract” and based on the applicable legislation.
Article 8- Shipment/Delivery Procedure
8.1. The product will be given to the contracted courier services provider of the seller when the order confirmation e-mail is sent.
8.2. The product will be delivered to the address of the buyer by the contracted courier services provider of the seller. Term of delivery is 21 business days after the order confirmation e-mail is sent and the agreement is drawn up. This period can be extended by up to ten days, provided that the buyer is informed in advance in written or by use of a continues data transfer system.
8.3. Deliveries to addresses not included in the geographical scope of courier services providers are made in the “phone notification” method.
8.4. Extensions may take place on the term of delivery for locations to which courier services providers make deliveries only once a week, or when any inaccurate or wrong information is contained in the shipment information, or when any adverse social event or natural disaster is experienced. The seller cannot be held responsible for such extensions.
8.5. If the product is wanted to be delivered to a real or legal person different from the buyer him or herself, it must be clearly specified on the order form. The seller cannot be held responsible for any delay when the specified real or legal person does not accept the delivery, any inaccurate or wrong information is contained in the shipment information including but not limited to the delivery address, or the consignee cannot be found at the specified address. Similarly, the seller cannot be held responsible for any extra shipment cost that may accrue when the specified real or legal person does not accept the delivery, any inaccurate or wrong information is contained in the shipment information including but not limited to the delivery address, or the consignee cannot be found at the specified address. The seller has no obligation to make delivery to any address or to any person other than the one specified by the buyer on the order form. Thus, the buyer is not entitled to make requests in this direction.
8.6. In case the product is not delivered to the buyer on the date notified, any related delivery problem must be notified to the customer services by use of the phone number 0212 886 11 88 or through the e-mail addres email@example.com. When the product packaging is determined to get damaged, the buyer must not accept delivery and the courier company officer must be requested to issue a written report. If the courier company officer does not agree that the product packaging is damaged, the buyer will be entitled to open the packaging in the presence of the courier company officer, have the original situation of the product at time of delivery to the courier company checked, and request the officer to issue a written report for the actual situation. When the package is accepted and received by the buyer, the product is deemed to be duly and properly delivered by the courier services provider. If the delivery is not accepted and a written report is issued, the Customer Services must be notified about the situation as soon as possible, with the buyer’s copy of the report.
Article 9- Product Return and Right of Withdrawal Procedures
9.1. After the product is delivered, the buyer will be entitled to exercise his or her right of withdrawal in fourteen days, without presenting any reason. The buyer can notify his or her will to exercise the right of withdrawal by either filling the form specified in the Regulations on Distant Sales, a copy of which is annexed to this agreement, or presenting another form of letter. The form or letter issued for the exercise of the right of withdrawal may be sent to the seller’s e-mail address given in the first section of this agreement, or notified in any other way of communication. When it receives the form or letter issued for the exercise of the right of withdrawal, the buyer is obliged to acknowledge the receipt immediately. It is the consumer’s responsibility to prove that the right of withdrawal was requested to be exercised.
9.2. The period to exercise the right of withdrawal starts when the product is delivered to the buyer. The buyer does not have any right of withdrawal for products manufactured with customised dimensions upon the request of the buyer (seats, sofas, seat covers, etc.), or products individually prepared for the special needs of the buyer. Costs of return, including courier or shipment fees, for the products to be returned under the right of withdrawal will be paid by the buyer.
9.3. According to the General Communique for the Tax Procedure Law number 385, in order for the return procedure to be applied, the buyer must accurately and correctly fill the return section of the 2 invoices initially delivered together with the product, sign it and send one of the copies to the seller together with the product, and keep the other copy.
9.4. When the right of withdrawal is exercised by the buyer and the invoice specifying the will to use the right of withdrawal is received by the seller together with the product, any amount already paid by the buyer, or any obligating document already drawn up will be returned free of charge to the buyer in ten days at the latest.
9.5. In case the returned product was exposed to a decrease in value or any other condition that made the return impossible, the entitlement to exercise the right of withdrawal will not be affected. However, if the decrease in value or the condition making the return impossible was caused by the buyer, the buyer will be obliged to compensate the decrease in value or the whole product cost.
9.6. The general period of return granted for mistakenly purchased products is 7 days. Even during this period, return of a product will not be accepted if the packaging was opened, the product was used, or damaged
or exposed to other similar effects. The product must be returned in its original packaging. The returned product will not be accepted and the product cost will not be returned if it is determined that the product or its packaging was opened, used, or it was exposed to damage, tear or wear, or in general it is not in the original condition.
9.7. For product returns, the situation must be notified to the customer services firstly. Information to be used in the return process will be given by the seller to the buyer. After this communication, the product must be sent to the seller together with the invoice and other required information, by use of the services of the same courier services provider. If the returned product is understood to meet the conditions specified here, it will be accepted and the already paid amounts will be returned to the credit card/bank account of the buyer. Any amount cannot be returned until the returned product is received by the buyer. The time of transfer of returned amounts to the credit card account will depend on the bank’s own procedures.
9.8. If the product was purchased by instalments, the following return procedure will apply for credit cards: The bank will return the payment in the number of instalments originally opted by the buyer at time or ordering. After the product cost is fully paid at once by the seller to the bank, requested return amounts are paid in instalment by the bank in order to prevent any unjust treatment from the point of all parties. Instalments already paid by the buyer until the cancellation of the sales transaction will be transferred to the credit card account in 1 (one) instalment every month, after the instalments for the sale are over.
9.9. When a good or service purchased by use of a credit card is returned, amounts already paid cannot be returned to the buyer in cash, according to the contract between the seller and the bank. The member workplace, which is the seller in this case, will perform the return by use of the related software, while it will pay the necessary amount to the bank in cash or on account, which will prevent a cash payment to be made to the buyer based on the procedure explained above. Return of the amounts to the credit card account is performed by the bank, after it is paid by the seller to the bank in case and at once.
Starting from the date of delivery, the seller provides 2 year warranty for the products purchased, for defects other that the problems caused by misuse and/or failures related to maintenance. Warranty obligation of the seller is limited to the consumers included in the scope of the Law number 6502. Provisions of the Turkish Commercial Code will apply for commercial transactions.
Article 11- Confidentiality
11.1 Information specified by the buyer in this agreement or given to the buyer for payment purposes will not be shared with 3 rd persons by the seller.
The seller is entitled to disclose such information only when required for administrative/legal proceedings. For administrative investigations with proven capacity, the seller may provide the requested information and documents to the relevant authority.
11.2. Credit card information of the buyer will be never stored. Such information will be securely sent to the bank during the collection process for pre-authorization purposes, and deleted afterwards. Contact information of the buyer, including the e-mail address, mailing address and phone will be used only for standard product delivery and notification purposes by the seller. In certain periods, commercial campaign, new product and promotional information can be sent to the buyer only after necessary approval is obtained from the buyer.
Article 12- Competent Courts and Execution Offices
In relation to the implementation of this agreement, it is the Arbitration Committees for Consumer Problems which is competent for settling disputes with a monetary value up to the certain amounts specified by the Ministry of Industry and Trade in December every year, and the Consumer Courts located in the same location with the Buyer or Seller for higher amounts. This agreement, consisting of 12 articles, and the annexed right of withdrawal form, have been completely read and understood by the buyer and all provisions contained are accepted before placing an order to the seller at www.bukasofa.com.