Terms and Conditions of Membership and Use
ARTICLE 1 – PARTIES
1.1. SELLER: Name/Title: İRFAN GÜLBUDAK
Address: ÇARŞI MAH. CUMHURİYET CAD. NO:127 A MANYAS/BALIKESİR
Phone: +90 530 477 49 30
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 on the Protection of Consumers No. 4077” and the “Regulation on Distance Contracts” regarding the sale and delivery of the product, the qualities and sales price of which are specified below, ordered electronically by the BUYER from the website “https://srknsoft.com/” of the SELLER.
ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
3.2. Payment Method: Payment by Bank Transfer / EFT
3.3. Due to the fact that installment sales are only made with credit cards belonging to Banks, the buyer accepts, declares, and undertakes that they will confirm the relevant interest rates and default interest information separately from their bank and that the provisions regarding interest and default interest will be applied within the framework of the credit card agreement between the Bank and the buyer, in accordance with the provisions of the applicable legislation.
Credit Card Refund Procedure:
In cases where the buyer exercises the right of withdrawal or if the product subject to the order cannot be provided for various reasons or if a refund to the consumer is decided by the Arbitration Board, if the shopping was made by credit card and in installments, the credit card refund procedure is as follows:
If our customer has purchased the product in installments, the Bank makes the refund to the customer in installments. After the seller pays the total amount of the product to the Bank in a single payment, in the case of a refund to the credit card of the customer, the Bank transfers the refund amounts to the customer’s account in installments to prevent any parties involved from being disadvantaged. If the customer has paid the installments before the refund date and if the refund date does not coincide with the statement date of the card, one refund will be reflected on the card each month and the customer will receive the refund in the number of months equal to the number of installments paid before the refund date, reducing their existing debt accordingly.
For returns of goods and services purchased by credit card, the seller cannot make cash payments to the customer due to the contract made with the Bank. In case of a return transaction, the seller will carry out the return via the relevant software, and since the seller is obligated to pay the related amount to the Bank in cash or on account, cash payment cannot be made to the customer. The credit card refund will be made by the Bank following the above procedure after the seller has paid the amount to the Bank in a single payment.
The buyer accepts and undertakes that they have read and accepted this procedure.
3.4- Delivery Method and Address: Delivery Address: Recipient: Billing Address:
The delivery will be made to the buyer’s address specified above via a shipping company. Even if the buyer is not present at the address at the time of delivery, the seller will be deemed to have fulfilled their obligation completely and accurately. Therefore, any damage caused by the buyer’s delay in receiving the product and any expenses arising from the product waiting in the shipping company and/or the return of the shipment to the seller are the responsibility of the buyer.
Shipping Fee: The shipping fee is added to the total order amount and paid by the customer. It is not included in the product price.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER declares that they have read and acknowledged all the preliminary information regarding the basic qualities, sales price, and payment method of the product/products/services subject to the contract and the delivery on the “https://srknsoft.com/” website in accordance with the provisions of the “Law No. 4077” and the “Regulation on Distance Contracts”, and that they have 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 by the BUYER within the legal 30-day period, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the period specified in the preliminary information on the website for each product.
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 whom the delivery is to be made does not accept the delivery.
4.4. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications 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 by the BUYER in the form of payment preferred by the BUYER. For any reason, if the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6. After the delivery of the product, if the credit card of the BUYER is used unlawfully by unauthorized persons in a way not caused by the fault of the BUYER and if the related bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, shipping costs are the responsibility of the BUYER.
4.7. Defective or faulty products (defective) from the products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair to be made by the authorized service within the warranty conditions. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 7 days from the delivery of the product subject to the contract to themselves or to the person/organization at the address indicated. To exercise the right of withdrawal, the SELLER must be notified by fax, email, or phone within this period, and the product must be unused in accordance with the provisions of Article 6. In case this right is exercised, it is mandatory to return the original invoice with the return section completed, signed, and sent to the SELLER along with the product to the SELLER. Within 7 days following the receipt of these documents, the product price will be refunded to the BUYER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the returned product due to the right of withdrawal is covered by the SELLER.
The consumer has the right to reject the goods or services within seven days from the date of receipt of the goods or the signing of the contract without assuming any legal or penal liability and without providing any reason. The SELLER undertakes to take back the goods within seven days from the date the withdrawal notification reaches the SELLER.
According to the general communiqué of tax procedure law No. 385, the return transactions can be made if the relevant sections are filled in completely on the invoice sent to you with the product and returned to us after being signed.
However, for orders to Northern Cyprus and abroad, our customers are required to pay the taxes of the products they receive at customs since they do not pay VAT on their orders. Customers do not have the right to withdraw for products that are not collected from customs for any reason. Because according to Article 8 of the REGULATION ON DISTANCE CONTRACTS, the consumer has the right to withdraw from the contract within seven days from the date of receipt of the goods without assuming any legal or penal liability and without providing any reason.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, and products with expired expiration dates. The right of withdrawal for the following products can only be exercised if the product’s packaging has not been opened, damaged, or used:
- Herbal Tablet Products
- Products that cannot be returned due to their nature (except in cases where the product is defective or faulty, products that pose a health risk after opening, such as products that require direct contact with the body during use, single-use products, quickly perishable products, or products with expired expiration dates).
ARTICLE 7 – DEFAULT PROVISIONS
In case the parties do not fulfill their obligations arising from this contract, the provisions of the Turkish Code of Obligations articles 106-108 regarding the Debtor’s Default will be applied. In default cases, if one of the parties fails to fulfill their obligations within the due time without a justified reason, the other party will grant an additional period of 7 days for the fulfillment of the said obligation. If it is not fulfilled within this period, the party failing to fulfill their obligation will be considered in default and the other party will have the right to demand the performance of the obligation, and/or to terminate the contract and demand the return of the payment.
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the location of the BUYER or the SELLER are authorized up to the value announced by the Ministry of Industry and Trade. In case of an order, the BUYER is deemed to have accepted all the terms of this contract.