Distance Sales Agreement

Article 1 – Subject

The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, sold by the SELLER to the BUYER.

Article 2 – Parties

2.1 – Seller Information

Title: PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ.

Address: Tahtakale Mahallesi Tahtakale Caddesi Tahtakale Ticaret Merkezi, D:No: 18/109, 34116 Fatih / İstanbul

Phone: +90 212 909 10 50

Email: [email protected]

2.2 – Buyer Information

For the customer who becomes a member of the shopping website www.phixi.com.tr, the address and contact information provided during the membership registration shall be taken as the basis.

Article 3 – Product Information Subject to the Agreement

The type, quantity, brand/model, color, number, sales price, payment method and final order details of the goods / product / service shall consist of the information available at the time the order is completed.

Article 4 – General Provisions

1. The BUYER declares that they have read and are informed about the essential characteristics, sales price, payment method and delivery information of the product(s) subject to the agreement as specified in Article 3 and that they have given the necessary confirmation electronically.
2. The product(s) subject to the agreement shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period stated in the preliminary information depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal period of 30 days. This period may be extended for up to 10 more days provided that the BUYER is informed in advance.
3. If the product subject to the agreement is to be delivered to a person/institution other than the BUYER, PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. cannot be held responsible if such person/institution refuses to accept the delivery.
4. PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. is responsible for delivering the product subject to the agreement intact, complete and in accordance with the specifications stated in the order.
5. For the delivery of the product subject to the agreement, a signed copy of this agreement must have been delivered to the communication address of PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ., and the price must have been paid by one of the payment methods chosen by the BUYER, namely Virtual POS payment or bank transfer. If for any reason the product price is not paid or is cancelled in bank records, PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. shall be deemed released from the obligation to deliver the product.
6. When your payment card details are requested, you must be fully authorized to use the card whose details you provide. The card must have a sufficient limit for the transaction amount.
7. If PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. cannot deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances preventing transportation such as bad weather or interruption of transport, it is obliged to notify the BUYER. In this case, the BUYER may use one of the following rights: cancellation of the order, replacement of the product with an equivalent if any, and/or postponement of the delivery period until the preventing condition disappears. If the BUYER cancels the order, the amount paid shall be refunded in cash and in full within 10 days.
8. This agreement becomes valid after it is signed by the BUYER and delivered to PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. through its communication channels by fax or post.
9. When you select the product you wish to order, the total amount you must pay, including VAT and shipping fee if any, will be displayed regardless of any price you may have previously seen or heard. Unless otherwise stated on the site, all amounts are shown in the official currency of the Republic of Türkiye. As stated in Article 3.1, this is the total amount you will pay for the delivery of the product you order.
10. You may make your order payments by credit card or bank transfer.
11. Users declare and accept that all information they provide to purchase the Products they order from us is accurate and complete. www.phixi.com.tr reserves the right to verify this information through identity control.
12. By placing an order on the site, users accept these General Terms of Use. It is your responsibility to review these General Terms of Use each time you place an order.
13. Your order remains valid until order confirmation is issued or, where applicable, until the order is cancelled.
14. We are under no obligation to supply products to you until we accept the order. Any communication that does not explicitly indicate order acceptance or does not constitute an order confirmation shall not mean that your order has been approved and shall be for information purposes only. We reserve the right not to accept any order for any reason, such as lack of stock; in such cases we may offer you an alternative product, and you may need to create the order again.
15. When we accept your order, the Sales Agreement shall be concluded and our legal obligation to provide the products begins. Order acceptance starts only when the “Order Confirmation” notice sent to you by email is issued by us and explicitly states that we accept your order. Without affecting your obligation to pay us in advance, we may send the invoice at any time after receiving your order. Until the moment we accept your order, we reserve the right not to process it, and you retain the right to cancel your order. If you or we cancel the order before acceptance, any payment received will be refunded to your credit card or to the same payment method used.
16. If you notice an error in your order after placing it, please inform us immediately at [email protected]. Unfortunately, no guarantee can be given that your requested update will be possible.
17. Although we make great efforts to ensure that the displayed price is always correct, final price confirmation takes place only as part of our order acceptance. If there is any price change, we will notify you of the updated price and ask whether you wish to proceed with your order.
18. The Sales Agreement applies only to the products that we confirm we will provide in the order confirmation. We are not obliged to supply any product not included in the order confirmation.
19. Users are obliged to provide us, our agent or the site with accurate, complete and up-to-date information. Any changes in such information must be immediately notified to us, our agent or the site.

Article 5 – Right of Withdrawal

1. According to Consumer Law, the “Right of Withdrawal Without Cause” is valid within the first 7 (seven) business days from the date you receive the product.
2. Important matters to be considered by users:
   • The product must be returned in the same condition as it was received. Products whose original box has been taped or labelled directly with cargo labels are not accepted.
   • Returns without an invoice and cargo delivery report are not accepted.
   • The shipping cost of products returned due to the right of withdrawal shall be borne by the BUYER.
   • The consumer cannot exercise the right of withdrawal for goods produced in accordance with the special requests and demands of the consumer or personalized by making changes or additions.
3. Your orders are subject to quality control before they are packed and delivered to the cargo company. However, if there is any defect or malfunction arising from the product, you may return it within seven (7) days from the date of delivery.
4. If your order is incomplete upon delivery, after checking your shipment, you should sign and receive it only after control. If there is any confusion or missing item in the package, you must not accept it and should have a report prepared by the cargo officer.

Article 6 – Delivery

1. The products ordered from www.phixi.com.tr shall be delivered to the delivery address specified in the order. Collection of the package from a cargo branch is not offered, and we shall not bear any responsibility if the product is delivered to a person other than the specified recipient.
2. The products you order may be shipped at different times depending on their procurement periods. After the procurement process, your products are shipped to your address through our contracted cargo company as soon as possible. Although this is our normal procedure, delays may occur in procurement processes and timing may vary. We are not obliged to notify you in such cases.
3. After your order is delivered to the cargo company, the Site will send an information message to the registered email address of the user.
4. Your orders leave our warehouse after quality and damage control and are delivered to the cargo company without damage. For products that may be damaged during transportation due to their nature, and for all other receipts, when the order is delivered to your address by the cargo officer, you must check the outer package for damage and have a damage assessment report prepared in such a case. This report must clearly state that the product was checked during delivery and was found damaged. Damaged products must be sent to [email protected] using the same cargo company that made the delivery. If you do not declare the damage with a report as described, it will be assumed that you received the product with its outer packaging intact.
5. Although delivery times may vary depending on different regions of Türkiye and product categories, it is planned that your orders will be delivered to your address within four business days at the latest.
6. The user is obliged to provide accurate and complete address information on the site in order to minimize delays that may occur during delivery. The site is not responsible for delays caused by address notification errors.

Article 7 – General Terms

1. Users are not required to open an account to browse www.phixi.com.tr; however, registration of a user account is required in order to place an order. User registration is free of charge and can be completed very easily.
2. No text, description, visual or image published on www.phixi.com.tr may be used, published, copied or reproduced without the permission of www.phixi.com.tr.
3. www.phixi.com.tr reserves the right to change the prices, visuals, features and all other information published on the site without prior notice.
4. If users fail to comply with the obligations or provisions stated in this agreement, access to services on www.phixi.com.tr may be blocked or memberships may be cancelled.
5. Users hereby accept and declare in advance that in disputes arising from their transactions, the commercial books and computer records of PHIXI Teknoloji ve DIŞ TİC. LTD. ŞTİ. shall constitute valid, binding, final and exclusive evidence within the meaning of Article 193 of the Code of Civil Procedure.