Terms of service

ELANESA

Preliminary Information Form and Distance Sales Agreement

The Preliminary Information Form and the Distance Sales Contract prepared for distance sales made over the internet 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 the Consumer No. 6502 and entered into force after being published in the Official Gazette dated 27.11.2014 and numbered 29188, are given below. takes.

The information specified in this Preliminary Information Form is given for commercial purposes in accordance with the distance communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination or who are limited.

After this Preliminary Information Form is read and accepted by the BUYER in electronic environment, the stage of establishing a Distance Sales Contract will be started.

DISTANCE SALES AGREEMENT

ARTICLE 1. PARTIES

1.1. SALESPERSON

Title:  Elanesa İTH İHR VE SAN TİC LTD ŞTİ

Main Office Address:  Sharjah - Industrial Area No.10 4496, W.H-4 - Third Industrial Street - Shubra No. 4

Phone: +18162970526 

GSM: +18162970526

E-Mail: info@elanesa.com

ARTICLE 2. SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6052 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the products that the BUYER has ordered electronically from the www.Elanesa.com website belonging to the SELLER.

ARTICLE 3. PROVISIONS REGARDING THE CONTRACTUAL PRODUCT, PAYMENT, AND RETURN

AUTOMATIC Order and Price Will Be Reflected.

3.1. Payment method

3.1.1. Cash Payment at the Door: When you choose the cash on delivery option, our products will be delivered to you by cargo, and you can pay the price of the product to the cargo officer at the door.

3.1.2. Payment by Credit Card: In order to pay by credit card, you must fill in the credit card information completely and completely in the relevant sections. You can make a single payment with your credit card, or you can pay in different installments. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if our company is aware of it, information about the campaigns is provided on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences.

3.1.3. Payment by Wire Transfer:  If you want to pay by wire transfer, you can transfer to our company's Kuwait Turkish bank karagöz-Gaziantep branch 91151576 customer number, or TR71 0020 5000 0911 5157 6000 02 account.

3.2. On the other hand, due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding the 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 provisions of the legislation in force accepts, declares and undertakes.

3.3. Return Procedure

3.3.1. Return to Credit Card Procedure: In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where it is decided to refund the consumer with the decisions of the Consumer Problems Arbitration Committee if the shopping is made with a credit card in one shot or in installments, the refund to the credit card The procedure is stated below:

In how many installments our customer bought the product, the Bank makes the repayment to the customer in installments. (Elanesa) after paying the entire product price to the bank in one go, in case the installment expenditures made from the bank's POS are returned to our customer's credit card, the requested refund amounts are transferred by the bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the customer until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 refund will be reflected on the card every month, and the customer will receive the installments paid before the return for another month as the number of installments he has paid before the return, after the sales installments are over will be.

The BUYER accepts and undertakes that he has read and accepted this procedure.

3.3.2. Return Procedure for Cash on Delivery and Remittance Payment Options: In the door-to-door remittance payment options, the customer's bank account information will be requested and the refund will be made in the form of a transfer to the account specified by the consumer (the account must be in the name of the person at the billing address or in the name of the user member).

3.4. Delivery Type and Address

The delivery will be delivered by hand at 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 fulfilled its performance fully and completely. For this reason, the expenses due to any damage caused by the BUYER's late delivery of the product and the fact that the product has been waited in the cargo company and/or the cargo is returned to the SELLER belong to the BUYER. Shipping cost is not included in the product price. The shipping cost is added to the order amount and paid by the consumer. Campaigns regarding the shipping cost are at the discretion of our company and the prices stated above are not valid in these cases.

ARTICLE 4. GENERAL PROVISIONS

4.1.  The BUYER declares that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the products that are the subject of the contract on the www.Elanesa.com website and has given the necessary confirmation in the electronic environment.

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

4.3.  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 be delivered does not accept the delivery.

4.4.  The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

4.5.  For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

4.6.  In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not due to the BUYER's fault, provided that the product has been delivered to the BUYER within three days. It must be sent to the SELLER in

ARTICLE 5. RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw by rejecting the goods within fourteen days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated. In the event that the SELLER or the Provider does not fulfill the obligations set forth in the twelfth article of the Distance Contracts Regulation, the right of withdrawal is fourteen days. It is sufficient to notify the notification of the use of the right of withdrawal in writing or with a permanent data carrier within this period.

The product price is returned to the BUYER within fourteen days from the date when the consumer's notification of withdrawal reaches the SELLER in writing or with a continuous data carrier.

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

In accordance with the General Communiqué on Tax Procedure Law No. 385, the relevant sections of the invoice that we have sent to you must be filled in completely and returned together with the product after it has been signed. However, since our customers do not pay VAT in their orders in the TRNC and abroad, they are obliged to pay the taxes of the products they have received at the customs. Customers do not have the right of withdrawal for products that are not received from the customs in any way.

Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts.

1. a) Before the expiration of the right of withdrawal, service contracts in which the performance of the service is started with the approval of the consumer,
2. b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets,
3. c) Contracts for the delivery of goods, which are prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to expire,

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

1. d) Contracts for the delivery of periodicals such as newspapers and magazines,
2. e) Contracts for the performance of betting and lottery related services,
3. f) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.

In case of exercising the right of withdrawal , product and package control  will be carried out by ELANESA. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. The BUYER may notify the SELLER about its requests and complaints in writing or with a permanent data carrier. (For detailed information, see Regulation on Distance Contracts.)  

ARTICLE 6. PROVISIONS OF DEFAULT

In case the parties fail to fulfill their obligations arising from this contract, Articles 106-108 of the Code of Obligations. The provisions of the Default of the Borrower in the article will be applied. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of seven days for the performance of the said act. If it is not fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor will have the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price by demanding the performance of the performance.

If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary events such as weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, the BUYER assumes no responsibility of the SELLER in such cases. , can exercise one of the rights to cancel the order or delay the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within fourteen days. (In the case of purchases made with a credit card in installments, the above procedure for the refund to the credit card is accepted by the BUYER.)

ARTICLE 7. AUTHORIZED COURT

In the implementation of this contract, Consumer Problems Arbitration Committees and Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value declared by the Ministry of Customs and Trade.

In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this contract.

Questions about the Terms of Service should be sent to us at info@elanesa.com.