Distance Sales Contract
ARTICLE 1 – PARTIES TO THE AGREEMENT
SELLER:
Address:
Phone:
Email: info@toumans.com
BUYER:
Customer
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services ordered electronically by the buyer from the website www.toumans.com, possessing the characteristics and sale price stated in the contract. The buyer accepts and declares that they have been informed of all preliminary information regarding the goods/services, including the basic qualities, price, payment method, delivery conditions, and right of withdrawal, that they have confirmed this information electronically, and that they subsequently placed the order. The preliminary information on the payment page of www.toumans.com and the invoice are integral parts of this agreement.
ARTICLE 3 – DATE OF AGREEMENT
This agreement, previously signed by the seller in two copies, is deemed accepted by the buyer on the date of their signature and one copy will be sent to the buyer’s email address.
ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
The goods/services will be delivered to the address … specified by the buyer to the person/organization at ….
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the buyer. If the seller declares on the website that delivery will be free of charge for purchases over a certain amount or within a campaign, the delivery cost will be borne by the seller. Delivery will be made as soon as possible following stock availability and payment of the product price to the seller’s account. The seller shall deliver the goods/services within 90 (ninety) days from the order date and reserves the right to extend this period by 10 (ten) days with written notice. If, for any reason, the payment is not made or is canceled in the bank records, the seller shall be deemed released from the obligation to deliver.
ARTICLE 6 – BUYER’S DECLARATIONS AND COMMITMENTS
The buyer shall inspect the goods/services before taking delivery; damaged and defective goods/services (e.g., dented, broken, torn packaging) will not be accepted from the cargo company. Goods/services accepted shall be considered undamaged and in good condition. After delivery, the buyer is responsible for careful preservation. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned. In the event of unauthorized or unlawful use of the buyer’s credit card by third parties after delivery, the bank or financial institution does not pay the seller, the buyer is obliged to return the goods/services to the seller within 3 (three) days. In this case, delivery costs are borne by the buyer.
ARTICLE 7 – SELLER’S DECLARATIONS AND COMMITMENTS
The seller is responsible for delivering the goods/services complete, undamaged, and in accordance with the specified features, along with any warranty certificates and user manuals if applicable. If the goods/services are to be delivered to a person/institution other than the buyer and the delivery is not accepted, the seller shall not be held responsible. Upon receipt of the withdrawal notice, the seller will refund the price and return any valuable documents within 20 (twenty) days and retrieve the goods/services. For justified reasons, the seller may supply goods/services of equal quality and price before the performance period ends. If performance becomes impossible, the seller shall inform the buyer before the deadline and return all payments and documents within 20 days. Defective or faulty goods/services under warranty may be sent to the seller for repair, with delivery costs covered by the seller.
ARTICLE 8 – CHARACTERISTICS OF GOODS/SERVICES SUBJECT TO THE AGREEMENT
Type, quantity, brand/model, color, and sales price including all taxes of the goods/services are as specified in the product information page on www.toumans.com and in the invoice, which forms an integral part of this agreement.
ARTICLE 9 – CASH PRICE OF THE GOODS/SERVICES
The cash price is included in the sample invoice emailed at the end of the order and in the invoice delivered with the product.
ARTICLE 10 – INSTALLMENT PRICE
The price according to the installment plan is specified in the sample invoice emailed at the end of the order and in the invoice delivered with the product.
ARTICLE 11 – INTEREST
The applicable interest rate shall not exceed the maximum legal rate set annually by the country where the company is headquartered, and under no circumstances exceed 30%. The buyer is responsible to their bank.
ARTICLE 12 – DOWN PAYMENT
The down payment amount is included in the sample invoice emailed at the end of the order and in the invoice delivered with the product.
ARTICLE 13 – PAYMENT PLAN
If the buyer purchases with a credit card and in installments, the installment plan selected on the site applies. For installment payments, the provisions of the agreement between the buyer and the bank apply. The payment date is determined by the agreement between the buyer and the bank. The buyer may track the number of installments and payments from the bank’s account statement.
ARTICLE 14 – RIGHT OF WITHDRAWAL
The buyer may exercise the right of withdrawal within 7 (seven) days after delivery of the product/service to themselves or the designated person/institution. To exercise this right, the buyer must notify the seller’s customer service via email or phone within this period. The product/service must not be used and must comply with Article 15 and the pre-information on www.toumans.com. The original invoice must be returned. Upon receipt of the withdrawal notice, the seller will refund the buyer within 7 days and collect the goods/services within 20 days. If the invoice is not returned, VAT and other legal charges will not be refunded. Return or exchange shipping costs due to withdrawal shall be borne by the buyer.
ARTICLE 15 – NON-WITHDRAWABLE GOODS/SERVICES
Goods/services that cannot be returned due to their nature, perishable or expired items, single-use products, hygienic goods, and all software and programs that can be copied are non-returnable. In software, media (DVD, CD, etc.), computer and office supplies (toner, cartridges, etc.), and cosmetics, the right of withdrawal is only valid if the product is unopened, unused, and in its original packaging. Customized products cannot be returned or exchanged.
ARTICLE 16 – DEFAULT AND LEGAL CONSEQUENCES
If the buyer defaults in credit card payments, they shall pay interest as specified in their agreement with their bank and be liable to the bank. In this case, the bank may initiate legal proceedings and claim any resulting costs and attorney fees from the buyer. The buyer accepts responsibility for compensating the seller for any damages arising from the delayed payment.
ARTICLE 17 – AUTHORIZED COURT
In disputes arising from this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and Consumer Courts above that value are authorized. If no Consumer Court is available, Civil Courts of First Instance are authorized.