The present contract has been issued in order to meet the liability of signing a contract for the purchases made over the internet by force of the provisions of the Regulation on Procedure and Principle of the Distance Sale Contracts published in the Official Gazette numbered 25137, dated 13.06.2003. Accordingly,
ARTICLE 1 – SUBJECT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Regulation on Procedure and Principle of the Distance Sale Contracts regarding the Consumer Protection Law (numbered 4077), in terms of the sale and delivery of the product sold by the SELLER to the BUYER. The characteristics and selling price of the mentioned product are indicated below.
ARTICLE 2.1 – SELLER INFORMATION
Title: Enka Travel Turizm Ltd. Sti.
Address: Karagandere mah. istiklal cad. no-71/10 50400 Urgup/Nevsehir | Cappadocia / Turkey
ARTICLE 2.2 – BUYER INFORMATION
The customer is the member of the excursions site named www.enkatravel.com . The address and contact information provided in the subscription will be taken as the basis.
ARTICLE 3 – INFORMATION ABOUT THE PRODUCT SUBJECT TO THE CONTRACT
It comprises the information regarding the type, quantity, brand/model, color, selling price, and payment method for the Goods / Product / Service valid when the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 – The BUYER, acknowledges and agrees that the BUYER has read and fully understood the preliminary information about the basic qualifications, selling price and payment method as well as the delivery of the product(s) subject to this Contract as indicated in Article 3 and that the BUYER has provided the required confirmation in the electronic environment.
4.2 – The product(s) that are subject to this agreement should be delivered to the BUYER or the person/legal entity on the provided address within the time period as set for each product in the preliminary information on the basis of the distance of the BUYER’s current location, without exceeding the legal time limit of 30 days for any reason whatsoever. This period of time can be extended only for 10 days upon prior notice to the BUYER.
4.3 – If the product subject to the contract is to be delivered to another person/legal entity other than the BUYER, Enka travel shall not be liable for the refusal of the delivery by the said person/legal entity, where applicable.
4.4 – Enka travel shall be responsible for the delivery of the concerned product that carries the qualifications as set in the order in good condition and complete together with the guarantee certificates and user guides, if any.
4.5 – Upon delivery of the product, if the price of the product is not transferred to Enka travel by the issuer bank or financial institution due to an illegal use of the BUYER’s Credit Card by an unauthorized person without BUYER’s consent and fault, the BUYER shall be liable to return the delivered product to contact address(es) of Enka travel within 3 days. In this case, the delivery cost shall belong to the BUYER.
4.6- Enka travel shall notify the BUYER for any failure to deliver the product in question in the specified time period due to force majeure, adverse weather conditions or transportation disruption etc. In this case the BUYER shall be entitled to select one of the following options: cancellation of the order, replacement of the contract product with an equal product and/or postponing the delivery time until the condition is eliminated. If the order is cancelled by the BUYER, the paid amount shall be reimbursed to the BUYER fully in cash within 10 days.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER shall be entitled to withdraw within (7) days following the delivery of the product subject to the contract to the BUYER or the person/legal entity at the provided address. In order to use the withdrawal right, the BUYER shall notifiy Enka travel within this period via fax, e-mail or phone. Also the product shall be unused, in accordance with the provisions of the regarding article. In case the BUYER uses this right, it is obligatory that the carrier’s delivery notice evidencing the shipment of the product delivered to the third parties or the BUYER, as well as the original of the product invoice are sent to Enka travel contact addresses. Within 7 days following the receipt of the said documents, the price of the product shall be reimbursed to the BUYER. If the original invoice has not been sent, VAT and other legal liabilities, if any, shall not be reimbursed to the BUYER. The return costs regarding the product subject to withdrawal shall belong to the BUYER.
The consumer can request the cancellation of the payment on the grounds that the credit card or payment card has been used by unauthorized persons, illegally and without his/her consent. In this case card issuer returns the payment to the consumer within 10 days following the notification of the objection.
Regarding the execution of this contract, the Consumer Courts located in the residential area of Enka travel as well as the arbitration boards as announced by the Ministry of Industry and Trade are authorized.
Upon placing the order, the BUYER is deemed to have accepted all terms and conditions of this agreement.