Article 1 – Parties to the Agreement:
Title Everest Assistance
Address: Fulya Mah. Yesilcimen Sok. Polat Tower Residence No:12 D:13 Şişli/istanbul
Tel: +90 537 520 0078
All application users and visitors who have create an account on Everest Assistance and have sent or committed to send payment to the seller with the commitment of shopping from this mobile application.
Article 2: Subject:
The subject of this contract is the Law on the Protection of the Consumer No. 6502 and the provisions of the secondary legislation enacted in relation to the sale and delivery of the goods/services that have the qualifications mentioned in the contract and whose sales price is also specified in the contract, which the Buyer has ordered electronically from the Seller’s Everest Assistance application. determination of the rights and obligations of the parties. The buyer, the basic characteristics of the goods / services subject to sale, the sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she has knowledge of all preliminary information and the right of “withdrawal” regarding the goods/services subject to sale, that he/she confirms this preliminary information in electronic environment and then orders the goods/services in accordance with the provisions of this contract. Preliminary information and invoice on the payment page in Everest Assistance application are integral parts of this contract.
Article 3 – Contract Date:
The contract date is the ordering date when the shopping commitment occurs. The user declares that he accepts the terms of the contract at the time of purchase.
Article 4 – Delivery of Goods/Services, Place of Performance of the Contract and Delivery Type:
The goods/services will be delivered to the person named by the courier company at the address requested by the buyer during the order.
Article 5 – Delivery Costs and Execution:
Delivery costs belong to the Buyer. If the seller has declared in the application that the delivery fee of those who shop above the announced amount will be covered by him or that he will make free delivery within the scope of the campaign, the delivery cost belongs to the seller. Even if the buyer is not at the address at the time of delivery, the seller will be deemed to have fulfilled his performance fully and completely. For this reason, any damage caused by the buyer’s late delivery of the product and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the seller belong to the buyer. Delivery is made as soon as possible after the stock is available and the cost of the goods is transferred to the seller’s account. The seller delivers the goods/services within 30 (thirty) days from the order. If the seller fails to fulfill its delivery obligation within this period, the buyer may terminate the contract. If, for any reason, the cost of goods/services is not paid or canceled in the bank records, the seller is deemed to be relieved of the obligation to deliver the goods/services. If the seller cannot deliver the product subject to the contract in due time due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the seller is obliged to notify the buyer of the situation. For the delivery of the product subject to the contract, a 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 and accepted by the seller. If for any reason the price of the product is not paid or canceled in the bank records, the seller is deemed to be freed from the obligation to deliver the product.
Article 6 – Declarations and Commitments of the Buyer:
The buyer will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. It is the buyer’s responsibility to carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned. In the event that the relevant bank or financial institution fails to pay the price of the goods/services to the seller due to the unfair or unlawful use of the credit card of the buyer by unauthorized persons after the delivery of the goods/services, the Buyer shall immediately pay the sales price himself or provide that the goods have been delivered to him. / service to the seller within 3 (Three) days. In this case, shipping costs are the responsibility of the buyer. In addition, the buyer accepts that the delivery made to the address indicated by the buyer and to the person present at this address at the time of delivery will be considered as the delivery made to the buyer.
Article 7 – Declarations and Commitments of the Seller:
The seller is responsible for the delivery of the contracted goods/services intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the contractual good/service is to be delivered to another person/organization from the buyer, the seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The seller returns the cost of goods/services and valuable papers, if any, within 10 (ten) days after the notification of withdrawal is received. The goods/services are returned within 20 (twenty) days. For justified reasons, the seller may supply the buyer with equal quality and price before the contractual performance period expires. If the seller thinks that the performance of the goods/services has become impossible, he shall notify the buyer before the performance period of the contract expires. The paid price and documents, if any, are returned within 10 (ten) days. Defective or damaged goods/services from goods/services sold with or without warranty certificate can be sent to the seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be borne by the seller.
Article 8 – Characteristics of the Goods/Services Subject to the Contract:
The type and type, quantity, brand/model, color and sales price including all taxes of the goods/services are as stated in the information on the goods/service promotion page in the Everest Assistance application and on the invoice, which is considered an integral part of this contract.
Article 9 – Advance Price of Goods/Services:
The cash price of the goods/services are included in the sample invoice sent to the e-mail at the end of the order and the invoice sent to the customer together with the product.
Article 10 – Forward Price:
The price of the goods/services according to the maturity date is included in the sample invoice sent to the e-mail at the end of the order and the invoice sent to the customer together with the product.
Article 11 – Interest:
For debts not paid on due date, default interest is applied at the rate of advance interest.
Article 12 – Down Payment Amount:
The down payment amount of the goods/services is included in the sample invoice sent to the e-mail at the end of the order and the invoice sent to the customer together with the product.
Article 13 – Payment Plan:
The Buyer accepts, declares and undertakes that he will confirm the relevant interest rates and the information about the default interest separately from the 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 legislation in force. The credit card payment date is determined by the terms of the contract between the bank and the buyer. The buyer can also track the number of installments and payments from the bank statement sent by the bank.
Article 14 – Right of Withdrawal:
The buyer may exercise his right of withdrawal within 14 (fourteen) days from the delivery of the contractual goods/services to himself or to the person/organization at the address indicated. In order to exercise the right of withdrawal, the seller’s customer service must be notified in writing via e-mail or fax within the same period, and the goods/services must not be used within the framework of the provisions of Article 15 and in accordance with the preliminary information published in the Everest Assistance application, which is an integral part of this contract. In case this right is exercised, it is obligatory to return the original invoice for the goods/services delivered to the 3rd party or the buyer. Within 14 days following the receipt of the notice regarding the right of withdrawal, the cost of goods/services is returned to the buyer. The buyer is obliged to return the goods to the seller or the person authorized by him within 10 (ten) days from the date of notification regarding the use of his right of withdrawal. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the buyer. The delivery cost of the goods/services returned due to the right of withdrawal shall be borne by the seller.
Article 15 – Goods / Services for which the Right of Withdrawal cannot be exercised:
Goods / services that cannot be returned due to their nature, goods / services that deteriorate rapidly and expire, disposable goods / services, hygienic goods / services are not suitable for return in terms of health or hygiene, and protective elements such as packaging, tape, seal, package after delivery Opened goods are all kinds of software and programs that can be copied. In addition, in order to exercise the right of withdrawal in all kinds of software and programs, various media (DVD, CD, etc.), computer and stationery consumables (toner, cartridge, tape, etc.), paper or plastic disposable goods in contact with food, and cosmetics, The package of the service must be unopened, intact and unused.
Article 16 – State of Default and Its Legal Consequences:
In the event that the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the expenses and attorney’s fees to arise from the buyer, and in any case, in the event that the buyer defaults due to his debt, the buyer agrees to pay the seller’s loss and damage due to the delayed performance of the debt.
Article 17 – Competent Court:
In disputes that may arise from this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade, Consumer Courts over the specified value; Civil Courts of First Instance are authorized in places that cannot be found.
Article 18 – Enforcement
In the event that the payment for the order placed on the site is made, the buyer will be deemed to have accepted all the terms of this contract. The seller is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without the confirmation that it has been read and accepted by the buyer.
Article 19 – Notifications
The customer agrees to send an information message about campaigns and discounts via SMS or e-mail to the mobile phone he has given for membership under this contract. The customer has the right to withdraw his consent on this matter at any time.