1. Parties
1.1 – Seller
Title: SAMM Teknoloji Communication Industry and Trade Inc.
Address: Gebze Organized Industrial Zone (GOSB) İhsandede Cd. 800. Sok No: 802, 41400 Gebze-Kocaeli, Turkey
Phone: +9 (0262) 677 16 80
Fax:+9 (0262) 677 16 81
E-mail address: info@samm.com
Seller Mersis No: 0-7420-3002-2000011
Seller E-mail Address: info@samm.com
Cargo Company to Which the Buyer Will Send the Goods to the Seller in Case of Return: The product will be sent back with the cargo company preferred by the customer when purchasing it.
Call Center: +90 444 1 726
1.2 – Buyer
A person who is a member of the www.samm.com shopping site as a customer.
The address and contact information used when becoming a member are taken into account.
2. Subject and Scope
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Buyers regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the buyer ordered electronically from the seller’s https://samm.com/ website.
The provisions of this contract; is subject to the Turkish Commercial Code, the Code of Obligations and general provisions not listed here, which are valid in commercial purchases and sales, and the law on the protection of the buyer, since the parties are merchants and tradesmen, the buyer law and related regulations do not apply.
3. Basic Qualifications and Price of the Product and Service Subject to the Contract
Product Code and Name:
Quantity:
Seller Title:
Unit Price Excluding VAT:
Total Amount Including VAT:
Total Sales Amount:
Payment Method and Plan:
Shipping Fee:
- The section above contains information on how many installments the order total to be sent to your bank will be paid in.
- Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the initiative of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
- From the statement closing date of your credit card, the order total 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 the months by taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
- If the relevant bank or financial institution does not pay the product price to the seller due to the unfair or illegal use of the Buyer’s credit card by unauthorized persons for reasons not caused by the buyer’s fault after the delivery of the product, the buyer must return the product to the seller within 3 days, provided that it has been delivered to him. In this case, the shipping costs belong to the buyer.
On the other hand, since the sales on credit are made only with bank credit cards, the buyer accepts, declares and undertakes that he will separately confirm the relevant interest rates and default interest information from his 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 provisions of the current legislation.
In addition, since the credit sales opportunity is provided by banks only to buyers who are bank customers, the buyer accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the Instant/Distance Shopping Credit agreement between the bank and the buyer in accordance with the provisions of the current legislation. Providing credit and creating your detailed payment plan are at the discretion of your bank.
4. Delivery of the Goods and Delivery Method
Delivery Terms;
Delivery Address:
Persons to be Delivered:
Invoice Address:
Delivery will be delivered by hand to the Buyer’s address specified above via …………………………. cargo company within 30 days. Even if the buyer is not at the address at the time of delivery, the seller will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the buyer receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the seller belong to the buyer.
Cargo Fee: ……….. TL, the cargo price is added to the total amount of the order and paid by the customer. It is not included in the product price. SAMM has the right to request an extra cargo fee for non-standard size and weight product shipments or for shipments made to settlements outside the cargo area.
Products paid in full by the buyer will be delivered to the address specified by the buyer above. SAMM cannot be held responsible for products that cannot be delivered within the specified time due to reasons such as the products not being in stock or the buyer changing the delivery address.
SAMM is not obliged to verify the delivery addresses provided by the buyer. The Goods / Services will be delivered to the address and the person / persons specified by the buyer in the order form and this contract. Packaging, shipping and delivery costs are covered by the buyer. The shipping fee is the amount stated above and the shipping price is added to the total order amount. It is not included in the product price.
5. Payment
For the delivery of the product subject to the contract, the price of this contract must be paid with the payment method preferred by the buyer. If the product price is not paid for any reason or is canceled in the bank records, the seller is deemed to be relieved of the obligation to deliver the product.
The time orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when we determine that the transfer (EFT) has reached our accounts. In an exceptional case, if a product stock problem is encountered, the customer is informed immediately, a new product can be sent in line with the customer’s request, the product can be waited for to be in stock and/or the order can be canceled.
The time orders made by transfer and EFT are taken into process is the time the payment reaches the site account. SAMM cannot be held responsible for any delays that may occur in payments made by transfer and EFT.
6. Contract Period
The contract date is the date …./…./……, which is the date the order was given by the buyer.
Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will immediately notify the other party of the situation in writing. No liability will arise due to the parties’ failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for a period of 1 month, each party will have the right to terminate as a single party.
7. Returns
In cases where the buyer exercises his right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration board decides to refund the buyer, the return procedure regarding payment options is stated below:
1.1 – Refund Procedure for Credit Card Payment Options
If the purchase was made with a credit card and in installments, the bank makes the refund to the buyer in installments, depending on the number of installments the buyer purchased the product in. After the seller pays the bank the entire product price in one go, in the event that the installment expenses made from the bank POS are refunded to the buyer’s credit card, the requested refund amounts are transferred to the holder’s accounts by the bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the buyer until the cancellation of the sale, if the refund date and the card’s account cut-off dates do not coincide, will be reflected on the card as 1 (one) refund each month, and the buyer will receive the installments he paid before the refund for an additional month after the sale installments are completed, and will be deducted from his current debts.
In the event of a return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the contract he has made with the bank. The seller will make the refund via the relevant software when there is a return transaction, and since the seller is obliged to pay the relevant amount to the bank in cash or as a deduction, the buyer cannot be paid in cash as per the procedure we have explained above. The refund to the credit card will be made by the bank in accordance with the procedure above after the seller pays the amount to the bank in a single payment.
The buyer accepts and undertakes to have read and accepted this procedure.
1.2 – Refund Procedure for Wire Transfer/EFT Payment Options
The refund will be made via wire transfer and EFT to the account from which the buyer made the payment to you.
The seller pays the entire product price back to the bank in a single payment.
In the event of a return of goods and services purchased via wire transfer/EFT, the seller cannot make a cash payment to the buyer as per the contract it has made with the bank. The seller will make the refund via the relevant software when there is a return transaction, and since the seller is obliged to pay the relevant amount to the bank in cash or as a deduction, the buyer cannot be paid in cash as per the procedure we have explained above.
The buyer accepts and undertakes to have read and accepted this procedure.
In case of defective (broken, broken, etc.) products sold with or without a warranty certificate or if they malfunction or break down within the scope and conditions of the warranty, the products in question can be sent to the seller for the necessary repair to be done by the authorized service, in which case the shipping costs will be covered by the seller.
In order for the return transactions to be made in accordance with the general circular of the tax procedure law numbered 385, the relevant sections in the invoice with the return section that we have sent to you must be filled in completely and signed and sent back to us with the product.
The promotional or campaign products given as gifts belonging to the product you will return must also be returned at the same time.
8. Right of Withdrawal
The buyer has the right to withdraw from this Distance Selling Contract within 14 (fourteen) days without giving any reason and without paying any penalty. The period of the right of withdrawal begins on the day the contract is established for contracts regarding the performance of services; and on the day the buyer or the third party determined by the buyer receives the goods for contracts regarding the delivery of goods. However, the buyer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods. In determining the period of the right of withdrawal;
a) In goods that are subject to a single order and delivered separately, the day the buyer or a third party designated by the buyer receives the last item,
b) In goods consisting of more than one piece, the day the buyer or a third party designated by the buyer receives the last item,
c) In contracts where the goods are delivered regularly for a certain period, the day the buyer or a third party designated by the buyer receives the first item is taken into account. You can make your withdrawal notification via the easy return option on your personal membership page on www.samm.com before the withdrawal period expires. The product price will be refunded to the buyer within 10 days from the date the buyer’s withdrawal notification reaches the seller. The shipping cost of the product returned due to the withdrawal right will be covered by the seller.
In order for the return transactions to be made in accordance with the general circular of the tax procedure law numbered 385, the relevant sections of the invoice that we sent you with the return section must be filled in completely and sent back to us with the product after being signed. The BUYER hereby undertakes that the detailed information about the existence and duration of the right of withdrawal was provided to him/her accurately and completely by the seller on the date this contract was concluded. If the buyer does not exercise his/her right of withdrawal within the period and in accordance with the information provided to him/her, he/she will lose this right and will not be able to benefit from this right.
If the seller determines that there is a use beyond a normal review of the product, he/she will not receive the product and will not refund the price. In this case, it will not be possible to talk about the buyer having the right of withdrawal. If it is a boxed product, the product will be returned with the box and the warranty certificate etc. documents that came with it.
In order to use the product return (right of withdrawal), it is required that the customer services are notified at the address, fax and e-mail given below.
Address: Gebze Organized Industrial Zone (GOSB) İhsandede Cd. 800. Sok No: 802, 41400 Gebze-Kocaeli, Turkey
E-mail: info@samm.com
Fax: +90 (262) 677 16 81
The information that the product should be sent back is communicated to the seller. After this meeting, the buyer must deliver the product, the product (if the promotion is earned, the promotional product that is an integral part of the product subject to sale or the order placed), the original invoice of the product and a copy of the cargo delivery report to the seller within 10 days from the date the notification regarding the use of the right of withdrawal is sent to the seller. If the partial or full return has changed the promotion condition, in this case the promotional product must also be returned. If the promotional product is not returned, the seller will put it into normal sale and invoice it to the customer and the corresponding amount will be collected. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. If the product reaching the seller meets the specified conditions, it is accepted as a return and the payment is made to the buyer’s credit card/account. The period during which refunds made to credit cards are reflected in credit card accounts is at the discretion of the relevant bank. The shipping cost of the product returned due to the right of withdrawal is covered by the seller. In case the product is defective, the return conditions are specified in the warranty conditions section.
9. Procedure to be Applied for Defective and Incomplete Products
The Buyer may return the purchased Goods/Services within 14 (fourteen) days from the date of delivery, without assuming any legal or criminal liability and without giving any justification. However,
9.1 It cannot be returned with the product whose price is determined in the stock exchange or other organized markets.
9.2 Products prepared in accordance with the Buyer’s requests or clearly his/her personal needs cannot be returned.
9.3 Products that deteriorate rapidly or whose expiration date is likely to pass cannot be returned.
Products whose protective elements such as packaging, tape, seal, package have been opened after delivery; products subject to the contract regarding the delivery of those whose return is not suitable in terms of health and hygiene cannot be returned.
9.4 Printed and printed products (Books, business cards, brochures, advertisements, etc.) cannot be returned.
9.5Products that are mixed with other products after delivery and cannot be separated by nature cannot be returned.
a) All kinds of software and programs, DVD, DIVX, VCD, CD, MD, videocassettes, books, digital content and computer and stationery consumables presented in material media cannot be returned if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
b) Except for those provided within the scope of the subscription contract, no refunds are made in contracts regarding the delivery of periodical publications such as newspapers and magazines.
9.6 Services related to accommodation, transportation of goods, car rental, food and beverage supply, entertainment or recreation that must be done on a certain date or period cannot be returned.
9.7Services performed instantly in an electronic environment or intangible products and services delivered instantly to the recipient cannot be returned.
9.8Services that are started to be performed with the customer’s approval before the expiration of the right of withdrawal period cannot be returned.
9.9If the software/game CD in the product packages sold together with the purchased software and/or game CD is opened, it cannot be returned within the scope of the right of withdrawal.
9.10Products that require installation must be opened and installed by the Authorized Service. Products opened outside the Authorized Service may be excluded from the warranty. If a problem is detected in the product during the service installation, exchange/return transactions can be made with a report.
9.11The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product has not been opened, damaged and the product has not been used:
– Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Products that are not suitable for return in terms of health and hygiene (cosmetics, headphones, etc.) cannot be returned.
– All kinds of software and programs
– DVD, VCD, CD and cassettes
– Computer and stationery consumables (toner, cartridge, ribbon, etc.)
– Phone credit orders
Warranty Conditions: The warranty information of the purchased products should be taken into consideration by the BUYER before purchasing. When on-site service is requested for a product that does not have an on-site service and maintenance guarantee, various difficulties and dissatisfactions arise. The most sensitive issue is to prevent such situations.
The warranty conditions of the purchased products are provided by the importer/manufacturer company. Buyers must definitely read the product manuals that come with the products or call the technical support hotline that comes with the product invoice and get information.
If the buyer applies to the product technical services with the product invoice in case of a defective product or a malfunction, the buyer will be able to receive the necessary service under the warranty conditions at the customer’s premises or at service points. In order for the buyer to reach the nearest service point for the product, it is sufficient to call the numbers that come with the invoice or announced on our website.
In case the product failure cannot be fixed under warranty, issues such as replacing the product with a new one/providing an equivalent product are the responsibility of the importer/manufacturer company.
The seller is obliged to deliver the product completely. The buyer is obliged to check the product upon receipt and have the cargo officer draw up a report if it is missing or damaged. Otherwise, the product is considered to have been delivered as a problem-free product.
The buyer is obliged to create a return form and send the product to SAMM in its full and complete form together with the defect notification.
The buyer declares that it will fulfill its inspection and control obligation against any defects that are not clearly visible (hidden) in the delivered products, and that it will immediately notify SAMM if a defect is detected in the products within 14 business days from the date of delivery, otherwise it accepts the product in its defective condition.
SAMM is obliged to replace the defective product and deliver a new product to the buyer to cover all costs or refund the price of the product if it is understood that the buyer is right in his/her statements after performing the necessary checks.
SAMM declares that it will refund the price of the product to the buyer without paying interest, even if the product returned by the buyer is out of stock or it is not possible to replace it with a product without a defect due to similar reasons. In this case, the corporate buyer must issue a return invoice, fill out the individual return form and submit it to SAMM.
– The buyer accepts and declares that he/she is aware that if the product he/she purchased requires installation/support, it must be intervened only by an authorized service, otherwise he/she cannot hold SAMM responsible for any problems/disputes that may arise due to intervention by unauthorized persons.
– The provisions of the tax procedure law and regulations are reserved for the return of products, and the buyer and SAMM are obliged to comply with these provisions.
10. Privacy
10.1 If the buyer makes the purchase with a credit card or debit card, all responsibility arising from the use of the card belongs to the buyer. SAMM does not assume any responsibility. In cases where it is deemed necessary, SAMM may request identity verification. If it cannot be determined that the card used belongs to the buyer, the transaction made may be canceled by the site. In case of unauthorized use being reported to the site; if the order is notified before it is shipped, the order will be canceled and a return instruction will be given to the bank.
10.2 The parties hereby accept, declare and undertake that they are obliged not to share the trade secrets they obtain about each other with third parties pursuant to this agreement, and that they will be responsible for any damages that may arise otherwise.
10.3 By signing this contract, the buyer declares, accepts and undertakes that he/she has read and accepted all its provisions and that this contract will be binding on him/her in accordance with his/her will and law.
11. Force Majeure
The site cannot be held responsible for deliveries that are prevented or delayed as a result of other unforeseen events (Force Majeure) that are not caused by the site’s fault and occur outside of its control. This situation cannot be considered a violation of this contract. If this force majeure continues for 1 month, the parties have the right to terminate this contract unilaterally.
12. Termination of the Contract
12.1SAMM has the right to terminate the contract unilaterally and without compensation in the event that the ordered products are not in stock, the buyer does not fulfill his/her payment obligations and the buyer cannot be delivered to the address specified in this contract. If the buyer has made the payment, the product price will be returned to the buyer.
12.2 In case of termination of the contract due to the buyer’s fault, the delivery costs belong to the buyer.
12.3 If SAMM does not fulfill its obligations in this contract; the buyer will notify and request that it fulfill its obligations within 7 business days. If SAMM does not fulfill its obligations despite the notification, the buyer may terminate this contract. If the product has been delivered; it may return the product and request the refund of the paid price. In case of termination due to SAMM’s fault, the product delivery and all expenses belong to SAMM.
13. Notifications and Evidence Agreement
All correspondence between the Parties under this Contract will be made via e-mail, except for the mandatory cases listed in the legislation. The buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the parties, the electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
14. Authorized Court
Istanbul Anatolian Consumer Courts and Enforcement Offices will have jurisdiction over all disputes that may arise from this contract.
This contract has been accepted and electronically signed by the parties before the buyer makes payment.
In disputes arising from this contract, the Consumer Problems Arbitration Board or Consumer Court in the place where your place of residence is located or where the buyer transaction was made is authorized (The monetary limits regarding the Consumer Arbitration Boards’ authority and duty to handle disputes for 2018, within the monetary limits determined by the Ministry of Customs and Trade in December each year; the upper monetary limit for district Consumer Arbitration Boards is 4 thousand 570 Turkish Lira, the monetary limit for provincial Consumer Arbitration Boards in provinces with metropolitan status is between 4 thousand 570 Turkish Lira and 6 thousand 860 Turkish Lira, the upper monetary limit for provincial Consumer Arbitration Boards in the centers of provinces that are not metropolitan is 4 thousand 570 Turkish Lira, the monetary limit for provincial Consumer Arbitration Boards in districts affiliated to provinces that are not metropolitan is between 4 thousand 570 Turkish Lira and 6 thousand 860 Turkish Lira.).
If the order is placed, the buyer is deemed to have accepted all the terms of this contract.
Please Note: Before signing the cargo report, please check if your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo officer for a report to be prepared without signing any documents related to the delivery. Your new products will be sent to you immediately. SAMM Teknoloji is not responsible for the damage or missing products in the cargo package if the products with damaged cargo packages are received.
15. All of these Terms and Conditions are Subject to Turkish Law.
If the order is placed, the buyer is deemed to have accepted all the terms of this contract.
SELLER: SAMM Teknoloji Communications Industry and Trade Inc.
RECIPIENT: DATE:
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