Distance Sales Agreement
I - DISTANCE SALES AGREEMENT FOR CONSUMERS
1. Parties
1.1. Buyer
Name/Surname:
Address:
Billing Address:
Telephone :
History :
1.2. Seller
Title: SEGMENT COMPUTER FOREIGN TRADE JOINT STOCK COMPANY
Address: Deliklikaya District Fersah Street No: 136 Interior Door No: 1
Arnavutköy/Istanbul
Phone: 444 7 899
E-Mail: support@segment.com.tr
Mersis Number: 0758062367100001
2. Subject of the Agreement
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product/service, the features and sales price of which are specified below, which the BUYER ordered online from the SELLER's address https://rampage.com.tr.
3. Basic Features of the Contractual Product
Type and kind, Quantity, Brand/Model, Color, Sales Price Including Taxes (as quantity x unit price) of the products/services are as stated below.
Total excluding VAT:
Discount Total:
VAT:
Shipping Amount:
Total Including VAT:
4. Payment Method:
4.1. The section above provides information on the number of installments required to pay the order total to your bank. Your bank may run campaigns that offer a higher number of installments than the number you selected, and may offer services such as installment deferrals. These campaigns are at the discretion of your bank, and information about these campaigns will be provided on our website if our company is aware of them.
4.2. If you do not pay for your order within 3 business days, it will be canceled by our system. All responsibilities arising from this situation belong to the customer. After completing the transfer, please send a copy of the transaction receipt to destek@segment.com.tr Please send it to the e-mail address.
4.3. On the other hand, since deferred payments are made only with bank credit cards, the buyer can learn about the relevant interest rates on our website and also confirm information about default interest with their bank. In accordance with applicable legislation, the provisions regarding interest and default interest will apply within the scope of the credit card agreement between the bank and the buyer.
BUYER can benefit from free shipping for purchases of 4.4 TL or more. Orders are delivered to the cargo company within 10 days, and the shipping fee for promotional orders is paid by the BUYER. While the average shipping fee varies depending on the size and weight of the ordered product, it is %%paket_basi_kargo%% TL per package. All damages resulting from the BUYER's late delivery of the product, as well as expenses incurred due to the product being held by the cargo company and/or the return of the cargo to the SELLER, are the BUYER's responsibility.
5. General Information
5.1. BUYER, https://rampage.com.tr He/she declares that he/she has obtained information about the basic characteristics of the contractual product, its sales price, right of withdrawal, protection of digital data and the software with which it will work, payment method and preliminary information about delivery before the conclusion of the contract, that he/she has read and been informed about this document for the approval of the distance sales and has given the necessary confirmation on the internet.
5.2. By confirming this contract online, the BUYER confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the consumer by the SELLER before the conclusion of distance contracts, accurately and completely.
5.3. The preliminary information form must be read and approved by the BUYER before the Sales Contract is established and the payment obligation is assumed.
The placing and approval of the order by the BUYER means that the BUYER is under a payment obligation for the product/service subject to this order.
5.4. All information and promises provided to the BUYER regarding the product or service in this form are valid until changes are made and published regarding the product information, and it is hereby notified that the information and promises given in this form by the Seller are not adhered to after that date.
5.5. The validity period of the price commitments regarding the goods and services subject to this Preliminary Information-Sales Agreement is limited to 30 minutes from the moment the order is placed.
5.6. The product/service subject to the contract is delivered to the BUYER or the person/organization at the address specified by the BUYER, provided that it does not exceed the legal 30-day period.
5.7. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
5.8. The SELLER cannot be held responsible for any problems encountered by the cargo company during the delivery of the product to the BUYER, including failure to deliver the ordered product to the BUYER. The cargo company is responsible for any damages or problems that may occur in this case.
5.9. In cases where the product is agreed to be assembled by the SELLER or under the responsibility of the SELLER, the responsibility for the proper assembly of the product rests with the SELLER. Conversely, if the BUYER undertakes the assembly of the product and damages the product during the assembly process, the BUYER is responsible for any damage that occurs.
5.10. In cases where the product must be assembled by the BUYER, if the product is assembled incorrectly or damaged due to failure to act in accordance with the assembly instructions, the SELLER cannot be held responsible for the consequences arising from the assembly.
5.11. The SELLER is responsible for ensuring that the product subject to the contract is delivered intact, complete, and in compliance with the specifications specified in the order, along with any warranty documents and user manuals. The warranty document and user manuals are shipped with the product subject to the order.
5.12. If the SELLER determines that the goods or services covered by the contract cannot be supplied for a justified reason, the SELLER may, upon informing the BUYER and obtaining approval, supply the BUYER with a different product of equal quality and price before the expiration of the contractual performance obligation. The SELLER will address the BUYER's justified complaints within the framework of the provisions of this contract, Consumer Protection Law No. 6502, and the Distance Contracts Regulation.
5.13. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible (the product cannot be supplied by the supplier at all), it shall notify the consumer of this situation before the expiration of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.
5.14. For the delivery of the contracted product, the BUYER's confirmation of this contract must be received by the SELLER and the payment must be made using the BUYER's preferred payment method. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
5.15. If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.
5.16. If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a comparable product, if any, and/or postponement of the delivery period until the hindering condition is eliminated. If the BUYER cancels the order, the amount paid will be paid to the BUYER in cash and in a lump sum within 10 days. In payments made by credit card, the product amount will be refunded to the relevant bank within 10 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, the SELLER cannot be held responsible for any late payments made to the BUYER from the bank. BUYER accepts that it will not be possible for SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by SELLER to be reflected in the BUYER's account by the bank.
5.17. All prices and information on the Website are intended to be accurate and complete; however, in certain circumstances, errors in pricing and other matters may occur. In such cases, BUYER has no right to demand a price that is clearly or materially lower than the current retail price for the Product in question. If, due to a pricing error, SELLER's published price for a Product is clearly or materially lower than the current retail price, SELLER is not obligated to sell at that price and has the right to cancel the Contract with BUYER prior to shipment and delivery.
5.18. The SELLER shall keep the information and documents related to each transaction regarding the right of withdrawal, notification, delivery and other obligations within the scope of this Agreement for three years.
6. Within the scope of the Personal Data Protection Law No. 6698, I have been informed as to whether I allow my phone number, Turkish ID number, bank information, credit card information, identity card information and its copy, and address to be recorded by Segment Bilgisayar Dış Ticaret Anonim Şirketi and to be transferred to third parties and companies in order to carry out the relevant transactions due to this contract; I have been clearly informed and asked whether I have given my explicit consent.
Within the scope of the Data Protection Law No. 6698, I give my express permission for the recording of my phone number, Turkish ID number, card information, ID card address and other information and copy-address related to the above mentioned transactions by Segment Bilgisayar Dış Ticaret Anonim Şirketi and for the transfer of the relevant information to third parties and companies for technical service, installation or commercial transactions and transactions related to the product in question.
7. Right of Withdrawal
7.1. The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to the BUYER or to the person/entity at the address provided. The consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods. The price of the product will be refunded to the BUYER in one lump sum, without any additional costs, within 10 days from the date the consumer's notice of withdrawal reaches the SELLER. The shipping cost of the product returned due to the exercise of the right of withdrawal will be covered by the SELLER if it is returned via a domestic cargo company with which the SELLER has a contract. The BUYER must return the product within 10 days from the date of notification of the exercise of the right of withdrawal; otherwise, the SELLER will not be liable for any damages or financial losses that may arise if the goods are not returned.
7.2. The BUYER may exercise its right of withdrawal from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods or signing the contract, without assuming any legal or criminal liability and without giving any justification. The SELLER undertakes to take the necessary steps to exercise the right of withdrawal, provided that the notice of withdrawal is made in accordance with the procedures agreed upon in the contract and with prior notice. If the right of withdrawal is exercised properly, the product price will be refunded in the same manner as the BUYER's payment method. For example, if a BUYER who has made a transaction with a credit card exercises their right of withdrawal properly, the product price will be refunded to the BUYER's credit card.
7.3. The right of withdrawal is a legal right granted to consumers. Natural and legal persons who are not defined as consumers cannot exercise this right of withdrawal based on the Consumer Protection Law. To exercise the right of withdrawal, notification must be sent to the SELLER by fax or email within 14 days, and the product must not have been used in accordance with the provisions of Article 6. It is not possible to notify withdrawal by phone.
7.4. The right of withdrawal period begins on the day the contract is formed for contracts relating to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal from the formation of the contract until the delivery of the goods.
7.5. In case of withdrawal, the BUYER shall make the return in accordance with the procedure and form specified in this contract. If the BUYER makes the return by "private courier, motor courier or other means" which would constitute an abuse of rights, the expenses will not be covered by the SELLER. In case of such return, all expenses will be covered by the BUYER.
8. Determination of the Period of Right of Withdrawal
In determining the duration of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or a third party determined by the consumer receives the first good is taken into account.
9. Contact Information for Withdrawal Notification
Notice of withdrawal;
a. An e-mail can be sent to destek@segment.com.tr ,
b. You can send a fax to the number ________________.
c. It can be sent via post to the address Küçük Çamlıca Mah. Oymak Çıkmazı Sok. No:3 Üsküdar - İSTANBUL,
The notice of withdrawal must be clear enough to avoid confusion with any other transaction. It must include the contract number. Notices of withdrawal that do not include/write the contract number cannot be processed and are therefore considered invalid. The form at the end of this text may also be used in the notice of withdrawal.
10. Transactions and Products for Which the Right of Withdrawal Cannot Be Used
With the exceptions specified below in the Consumer Law: If the BUYER requests that the product he ordered be calibrated by ______, the BUYER CANNOT EXERCISE HIS RIGHT OF WITHDRAWAL in relation to the product in question.
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider,
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs,
c) Contracts concerning goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is therefore not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, or package have been opened after the delivery of the goods,
f) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
g) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period,
h) If the product has been damaged or altered due to not being used in accordance with its operation, technical specifications and usage instructions within the withdrawal period,
i) Products that are not suitable for return due to their nature,
i) In case of purchased electronic products; SIM card is inserted, network connection is established via Wi-Fi, installation is made, consumables are used, protective tapes are removed, activation is made and user is created,
j) Legal entities and/or individuals acting for commercial or professional purposes cannot benefit from the right of withdrawal or any rights arising from the right of withdrawal.
The following devices can be returned provided they are unused:
- Electrical Test Equipment
- Thermal Cameras
- Mechanical Measurement
- Multimeters
- Clamp Ammeters
- Thermometers
- Laboratory and Environmental Measuring Devices
- Electronic Loads
- EMC-Electromagnetic Compatibility
- Frequency and Timer Meters
- Power Sources
- GPIB Interface Solutions
- Cabling Systems
- Calibration Devices
- Recorders
- Welding and Measurement Systems
- Communication Test Equipment
- Positioning Devices
- Logic Analyzers
- Optical Devices
- Oscilloscopes
- Power Meters / Sensors
- Resistance / Capacitance / Resistance / Impedance Solutions
- Signal Generators
- Spectrum Analyzers
- Vector Network Analyzers
- Softwares
- Network Devices
- Educational Sets
- Biomedical Devices
- All Accessories
PRODUCTS THAT CANNOT BE RETURNED
- Devices specially produced for the customer
- Devices prepared by receiving Calibration Service
- Project boxes produced specifically for you
- Products Used
- Products with missing accessories
- Damaged product box (original box lost or damaged and opened)
If the BUYER exercises his right of withdrawal in accordance with Law No. 6502 and the provisions of the contract in hand, the BUYER will return the product he purchased to the SELLER in accordance with the contract, within the timeframe and at the SELLER's expense.
11. Buyer's Default
In the event of BUYER's default, BUYER agrees to pay SELLER's losses and damages arising from delayed performance of the debt. In cases where BUYER's default is due to SELLER's fault, BUYER will not be obligated to cover any claims for loss or damage.
12. Objection and Judicial Recourse
a) Since the necessary preliminary information and negotiations have been made until the order confirmation, if the order is confirmed, the BUYER is deemed to have accepted all the terms of this contract.
b) Products to be returned within 14 days must be delivered complete and undamaged, including the box and packaging, if any, and standard accessories.
If a dispute arises regarding a consumer complaint, the consumer may apply to Consumer Arbitration Committees or Consumer Courts. The monetary limits on the jurisdiction and authority of consumer arbitration committees to hear disputes are as follows:
Value of applications to consumer arbitration committees for 2018:
- District Consumer Arbitration Committees for disputes under 4,570 (four thousand five hundred and seventy) Turkish Liras,
- In the provinces with metropolitan status, Provincial Consumer Arbitration Committees will decide on disputes between 4,570 (four thousand five hundred and seventy) Turkish Liras and 6,860 (six thousand eight hundred and sixty) Turkish Liras.
- Provincial Consumer Arbitration Committees for disputes under 6,860 (six thousand eight hundred and sixty) Turkish Liras in the centers of provinces that are not metropolitan cities,
- In districts of provinces that do not have metropolitan status, Provincial Consumer Arbitration Committees are responsible for disputes between 4,570 (four thousand five hundred and seventy) Turkish Liras and 6,860 (six thousand eight hundred and sixty) Turkish Liras.
For disputes exceeding these limits, applications are made to consumer courts, not consumer arbitration committees. The competent authority is the consumer arbitration committee and consumer courts located where the BUYER/consumer resides or where the consumer transaction was conducted. In the event of a dispute, the consumer may resort to all alternative dispute resolution methods, such as arbitration and mediation. Alternative dispute resolution methods are known to be faster, more economical, and more effective. Using these methods does not eliminate the right to pursue legal remedies.
In case the order is placed, the BUYER is deemed to have accepted all the terms of this preliminary information and contractual text.
The withdrawal form is a continuation of the contract.
WITHDRAWAL FORM
(This form must be filled out and sent only when the right of withdrawal from the contract is desired.) The WITHDRAWAL FORM available under the FORMS AND SURVEYS link on our website must be filled out and reported to us.
- To who:
Title:
Address:
Fax Number:
Email:
- With this form, I declare that I exercise my right of withdrawal from the contract regarding the sale of the following goods or provision of services.
-Order date or delivery date:
-Goods or services subject to the right of withdrawal:
-The price of the goods or services subject to the right of withdrawal:
-Consumer's name and surname:
-Consumer's address:
-Signature of the consumer: (Only if sent on paper)
-History:
II- COMMERCIAL PURCHASE-SALE AND SERVICE AGREEMENT
1. Parties
This Agreement (Agreement) is between ________________________ (______and/or Seller) on the one hand, operating in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, operating at the address of Küçük Çamlıca Mah. Oymak Çıkmazı Sok. No:3 Üsküdar/İstanbul, and __________________ on the other hand. It has been concluded between the "Buyer" who uses the domain name website.
This agreement is exclusively valid for all real and legal person merchants and/or transactions deemed to be commercial business who make online purchases through the site by visiting the internet site (website) under the domain name _______________ belonging to _______.
The provisions of the " Terms of Use and Membership Agreement ," " Transaction Guide ," and "Contact Information " on the website apply to the buyer as long as they do not conflict with the transactions subject to this agreement. The buyer declares and agrees that it will not claim that special provisions arising from consumer legislation applicable to consumers also apply to it.
2. Subject of the Contract
It is the determination of the rights and obligations of the parties in accordance with the provisions of the Turkish Commercial Code (TTK) regarding the sale and delivery of the product/service, the characteristics and sales price of which are specified below, which the BUYER ordered online from the SELLER's address https://rampage.com.tr.
By submitting a product order or service request to the SELLER by the BUYER in accordance with both the Terms of Use/Membership Agreement of the Website and this Agreement, the BUYER declares, accepts and undertakes to accept the terms and conditions on the Website and the provisions of the Agreement.
3. Basic Features of the Contractual Product
Type and kind, Quantity, Brand/Model of the products/service are as stated below.
%%products%%
BUYER may only order products and/or request services through the Website for a maximum of 9,999,999 TL. Orders exceeding this amount will not be accepted or processed by _______. For such orders, BUYER must contact SELLER directly.
4. Payment Method: %%payment_type%%
4.1. The BUYER's bank may organize campaigns, offering installment plans in excess of the selected number of installments, and offering services such as installment deferrals. Such campaigns are at the discretion of the BUYER's bank, and information about these campaigns is provided on our pages if the SELLER is aware of them.
4.2. For orders made via money transfer, if payment is not made within 2 days, the BUYER's order will be automatically canceled by the Website system. All responsibilities arising from this situation belong to the BUYER. After completing the money transfer, please send a copy of the transaction receipt to destek@segment.com.tr Send it to the e-mail address or by using the payment notification button on your relevant order in the _________________ /siparisler link.
4.3. On the other hand, since deferred payments are made only with bank credit cards, the buyer can learn the relevant interest rates on our website and also confirm information regarding default interest with their bank. In accordance with the provisions of current legislation, the provisions regarding interest and default interest will apply within the scope of the credit card agreement between the Bank and the BUYER.
4.4. All kinds of damages arising from the BUYER's late delivery of the product, as well as the expenses incurred due to the product being kept waiting at the cargo company and/or the return of the cargo to the SELLER, are the responsibility of the BUYER.
4.5. The BUYER is responsible for the payment of stamp duty and all other taxes and duties arising from the conclusion and implementation of this contract.
5. Delivery
5.1 . In order for the SELLER to be bound by the Agreement upon the BUYER's order and for delivery, this Agreement must be electronically approved and the sales price must be paid using the payment method chosen by the BUYER. If, for any reason, the product/service fee is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
5.2. Delivery is one week from the date of payment. In the event of a delay in delivery, the SELLER will immediately notify the BUYER's e-mail address. If the products are not delivered by the SELLER within the relevant timeframe, the SELLER will refund the payment to the BUYER. Depending on whether the products are imported and in the SELLER's stock, the BUYER cannot claim any damages, losses, lost profits, or direct or indirect losses from the SELLER due to the delay or failure to deliver.
5.3 . The delivery location of the products is the cargo company or the recipient specified by the BUYER.
5.4. After placing the order, the BUYER declares and accepts that it is at the discretion of the SELLER whether or not a confirmation will be sent to the BUYER via electronic communication means for confirmation purposes.
5.5. Upon delivery of the product, the BUYER must check whether the product warranty certificate, user manual, etc., and other technical documentation are included in the cargo. The BUYER must be notified of such matters within 2 days of delivery; otherwise, the SELLER cannot be held liable to meet the BUYER's demands.
6. Defective Product:
According to the provisions of the Commercial Code (Article 23), if it is clearly obvious upon delivery that the product is defective, the BUYER must notify the SELLER within 2 days. If it is not clearly obvious, the BUYER is obligated to inspect the product or have it inspected within 8 days of receiving it. If this inspection reveals the product to be defective, the BUYER is obligated to notify the SELLER within this period to protect its rights.
Products received by the BUYER may only be returned OPTIONALLY with the SELLER's approval and with customer satisfaction in mind. The discretionary status specified herein does not grant the BUYER any vested rights. Products accepted for return BY DISCRETION are only accepted if a return invoice is issued and returned to the BUYER. Otherwise, the transaction will not be processed.
Returns of products whose invoices are issued in the name of a legal entity cannot be completed unless a RETURN INVOICE is issued.
7. Warranty
7.1. The Products subject to this contract are under the SELLER's warranty for a period of 1 year from the date of delivery against malfunctions that may arise from manufacturing defects. The SELLER is obligated to repair the Products under warranty free of charge.
7.2. If a product malfunctions during the warranty period, the BUYER must immediately notify the SELLER in writing (within 24 hours) and send the product to the SELLER's Technical Service at the specified address. A product whose malfunction is attempted to be repaired by the BUYER before being sent to the SELLER will not be considered under warranty.
7.3. Malfunctions that may occur due to user errors, accidents or Force Majeure are not covered by the warranty and service will be provided for a fee determined by the SELLER.
8. Force Majeure
Neither party shall be held responsible for any interruption of service in the event of failure to perform any provision of this agreement due to force majeure such as natural disasters, acts of civil or military authorities, internal unrest, war, strike, fire, etc., directly or indirectly.
9. Dispute Resolution
This contract has been prepared in accordance with the laws of the Republic of Türkiye, and Istanbul Anatolian Commercial Courts and Enforcement Offices have exclusive jurisdiction over the resolution of disputes that may arise from the implementation of the contract.
BUYER accepts and declares that in any dispute between SELLER and this Agreement or the order, SELLER's commercial books and records, electronic information and documents will be used as evidence.