Pre-Information Form and Distance Sales Agreement

The Pre-Information Form and Distance Sales Agreement prepared for distance sales conducted online are provided below, in accordance with the provisions of the "Distance Contracts Regulation" which was prepared based on Articles 48 and 84 of the Law on the Protection of Consumers No. 6502 and entered into force after being published in the Official Gazette No. 29188 on November 27, 2014.

PRE-INFORMATION FORM
SELLER'S	Title	Jabotter E-Commerce Ayakkabıcılık LTD.ŞTİ
	Address	Teşvikiye Mah. Teşvikiye Cad. No:49/B Nişantaşı - Şişli / Istanbul
	Phone	0850 888 00 12
	Phone	0545 720 57 45
	E-Mail	jabotter@gmail.com
PRODUCTS SUBJECT TO THE CONTRACT and SALES PRICES
		{Shoes}
INFORMATION REGARDING PAYMENT, DELIVERY and PERFORMANCE		Consumers can pay for the products they purchase via bank transfer, credit card, or cash on delivery options. (For detailed information, please refer to Article 3.1 of the Distance Sales Agreement.) Delivery will be made by hand to the address specified by the Buyer in the order form, through one of the contracted cargo companies. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its performance. Therefore, all damages arising from the buyer's late receipt of the product, and expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the SELLER, are the responsibility of the BUYER.
INFORMATION REGARDING THE RIGHT OF WITHDRAWAL		The BUYER has the right to withdraw from the contract by rejecting the goods within fourteen days from the date of delivery of the product subject to the contract to him/her or to the person/entity at the address indicated by him/her. The product price will be refunded to the BUYER within fourteen days from the date on which the consumer's withdrawal notification reaches the SELLER in writing or via a permanent data carrier. The shipping fee for the product returned due to the right of withdrawal is covered by the SELLER. (For detailed information, please refer to Article 5 of the Distance Sales Agreement.)
VALIDITY PERIOD		All information and promises presented to the BUYER regarding the product in this form are valid until changes to the product information are made and published, and it is warned that after this date, the SELLER is not bound by the information and promises given in this form. This Agreement is also valid until the production of the products in question is stopped, the manufacturing company ceases its activities, or the SELLER announces that it will cease its activities.
CONTRACT PERIOD		Following the delivery of the product in this form to the BUYER, the periods specified in the provisions of the Distance Sales Agreement will commence and terminate.
COMPLAINTS and OBJECTIONS		The BUYER can convey their requests and complaints to the contact information of the SELLER provided above. The BUYER may also submit complaints and objections to the Consumer Arbitration Committee or Consumer Court in the place where the BUYER purchased the goods or services or where the BUYER resides, within the monetary limits determined by the Ministry each December.

The information specified in this Pre-Information Form is provided for commercial purposes, in accordance with the remote communication tools used and the principles of good faith, in a manner that protects minors, and adults lacking or having limited discernment.

After this Pre-Information Form is read and accepted by the BUYER electronically, the stage of establishing the Distance Sales Agreement will be initiated.

 

DISTANCE SALES AGREEMENT

ARTICLE 1. PARTIES

1.1. SELLER

Title: Jabotter E-Ticaret Ayakkabıcılık LTD.ŞTİ

Address: Teşvikiye Mah. Teşvikiye Cad. No:49/B Nişantaşı - Şişli / Istanbul

Phone: 0850 888 00 12

GSM: 0545 720 57 45

E-Mail: jabotter@gmail.com

ARTICLE 2. SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties in relation to the sale and delivery of the products ordered electronically by the BUYER from the SELLER's website www.jabotter.com, in accordance with the provisions of the Law on the Protection of Consumers No. 6052 and the Distance Contracts Regulation.

ARTICLE 3. PROVISIONS REGARDING THE PRODUCT SUBJECT TO THE CONTRACT, PAYMENT AND REFUND

Order and Price will be reflected automatically.

3.1. Payment Method

3.1.1. Cash on Delivery: If you choose the cash on delivery option, your products will be delivered to you by cargo, and you can pay the product price to the cargo officer at the door.

3.1.2. Payment by Credit Card: To make a payment by credit card, you must completely and accurately fill in your credit card information in the relevant sections. You can pay with your credit card in a single installment or in different installment options. Your bank may organize campaigns and apply a higher number of installments than you choose, or offer services such as installment deferment. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages. From your credit card's statement date, the total order will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to months, taking into account fractional differences. The creation of your detailed payment plan is at your bank's discretion.

3.1.3. Payment by Bank Transfer: If you wish to pay by bank transfer, you can transfer money to our company's Garanti Bank account, branch code 132, account number 6293586, and IBAN number TR07 0006 2000 1320 0006 2935 86.

3.2. On the other hand, since deferred sales are made only with credit cards belonging to Banks, the BUYER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the current legislation.

3.3. Refund Procedure

3.3.1. Credit Card Refund Procedure: In cases where the BUYER exercises their right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided for the consumer by the Consumer Arbitration Committee, if the purchase was made with a credit card in a single payment or in installments, the credit card refund procedure is as follows:

If our customer purchased the product in installments, the Bank makes the refund to the customer in installments. After (Company Title) pays the full product price to the bank in a single payment, in cases where installment purchases made from bank POS are refunded to our customer's credit card, to prevent the involved parties from being disadvantaged, the requested refund amounts are transferred to the cardholder's accounts by the bank in installments. The installment amounts paid by the customer until the sales cancellation, if the refund date and the card's statement dates do not coincide, 1 refund will be reflected on the card each month, and the customer will receive the installments they paid before the refund for as many months as the number of installments paid before the refund, after the sales installments are completed, and these amounts will be deducted from their current debts.

The BUYER acknowledges and undertakes that they have read and accepted this procedure.

3.3.2. Refund Procedure for Bank Transfer Payment Options: 

For orders paid by bank transfer, you have the right to a refund, which will be made to your account (the account must be in the name of the person at the billing address or the user member).

3.4. Delivery Method and Address

Delivery will be made by hand to the address specified by the BUYER in the order form, through one of the contracted cargo companies. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its performance. Therefore, all damages arising from the BUYER's late receipt of the product, and expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the SELLER, are the responsibility of the BUYER. The shipping fee is not included in the product price. The shipping fee is added to the order amount and paid by the consumer. Campaigns related to the shipping fee are at the discretion of our company, and in such cases, the prices mentioned above are not valid.

In case of returning orders that include products offered as gifts or additional products provided within a campaign, the gift/campaign products must also be returned complete, unused, and in a resalable condition.
If the gift or campaign product is not returned, is returned incomplete, or has been used, the original sales price of the relevant product at the time of return will be deducted from the amount to be refunded.

ARTICLE 4. GENERAL PROVISIONS

4.1. The BUYER declares that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the products subject to the contract on the www.jabotter.com website and have given the necessary confirmation electronically.

4.2. The product subject to the contract is delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal fourteen-day period for each product.

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

4.4. The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications specified in the order, and with any warranty documents and user manuals, if any.

4.5. For the delivery of the product subject to the contract, it is essential that a signed copy of this agreement has been delivered to the SELLER and that the price has been paid by the payment method chosen by the BUYER. If for any reason the product price is not paid or is canceled in bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.6. If, after the delivery of the product, the BUYER's credit card is used unfairly or unlawfully by unauthorized persons for reasons not arising from the BUYER's fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the product must be sent to the SELLER within three days, provided that it has been delivered to the BUYER.

ARTICLE 5. RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract by rejecting the goods within fourteen days from the date of delivery of the product subject to the contract to him/her or to the person/entity at the address indicated by him/her. If the SELLER or the Provider does not fulfill their obligations specified in Article twelve of the Distance Contracts Regulation, the withdrawal period is fourteen days. It is sufficient to notify the exercise of the right of withdrawal in writing or via a permanent data carrier within this period.

The product price will be refunded to the BUYER within fourteen days from the date on which the consumer's withdrawal notification reaches the SELLER in writing or via a permanent data carrier.

We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods or the signing of the contract, without assuming any legal or penal responsibility and without stating any reason, and that we will take back the goods from the date the withdrawal notification reaches the SELLER or provider.

In accordance with the General Communiqué on Tax Procedure Law No. 385, for refund procedures to be carried out, the relevant sections on the invoice with the return section that we sent to you must be completely filled out and signed, and then sent back to us with the product. However, for shipments to the Turkish Republic of Northern Cyprus (TRNC) and abroad, since our customers do not pay VAT on their orders, they are obliged to pay the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received from customs for any reason.

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Service contracts where the performance of the service has begun with the consumer's consent before the end of the withdrawal period,

b) Contracts relating to goods whose price is determined in stock markets or other organized markets,

c) Contracts for the delivery of goods that are prepared in line with the consumer's wishes or explicit personal needs, are not suitable for return by their nature, and are in danger of rapid spoilage or whose expiration date is likely to pass,

ç) Contracts relating to audio or visual recordings, software programs, and computer consumables, provided that the packaging has been opened by the consumer,

d) Contracts for the delivery of periodicals such as newspapers and magazines,

e) Contracts for the performance of betting and lottery services,

f) Contracts for services performed instantly in an electronic environment and intangible goods delivered instantly to the consumer.

In case of exercising the right of withdrawal, the product and package inspection will be carried out by Jabotter Ayakkabı. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. The BUYER can notify the SELLER of their requests and complaints in writing or via a permanent data carrier. (For detailed information, please refer to the Distance Contracts Regulation.) 

ARTICLE 6. PROVISIONS OF DEFAULT

In the event that the parties fail to fulfill their obligations arising from this contract, the provisions of Debtor's Default found in Articles 106-108 of the Code of Obligations will be applied. In cases of default, if either party fails to fulfill its obligations within the specified period without a legitimate reason, the other party will grant a seven-day period to the defaulting party for the fulfillment of the said obligation. If the obligation is not fulfilled within this period, the defaulting party will be considered in default, and the creditor will have the right to demand the performance of the obligation, thereby requesting the delivery of the goods and/or the termination of the contract and the refund of the payment.

If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure events that prevent the SELLER from fulfilling this obligation, or extraordinary events such as adverse weather conditions preventing transportation, disruption of transportation, fire, earthquake, flood, in such cases, the BUYER may use one of the rights to cancel the order or postpone the delivery period until the preventing circumstance is eliminated, accepting that the SELLER has no responsibility. If the BUYER cancels the order, the amount paid is returned to them within fourteen days. (For installment purchases made with a credit card, the BUYER accepts the above procedure for credit card refunds.)

ARTICLE 7. AUTHORIZED COURT

In the implementation of this agreement, the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade, and the Consumer Courts in the place of residence of the BUYER or SELLER, are authorized.

In the event that the order is placed, the BUYER shall be deemed to have accepted all the terms of this agreement.