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ARTICLE 1- PARTIES
1.1.- INFORMATION FOR THE COMPANY PROVIDING ASSEMBLY SERVICE
- Title: MAPA Mobilya ve Aksesuar Pazarlama A.Ş. (hereinafter "IKEA")
- Headquarters Address: Fatih Sultan Mehmet Mahallesi Balkan Caddesi No:62 34768 Ümraniye-İstanbul
- Phone: 444 4 532
- Fax: 0216 528 05 07
- E-mail: e-alisverisdestek@ikea.com.tr
- MERSIS (Central Registration System Number) No.: 8167219199777734
1.2.- INFORMATION FOR THE CUSTOMER RECEIVING ASSEMBLY SERVICE
- Name/Surname/Title: DMITRII FEDIUK (hereinafter "CUSTOMER")
- Passport No: <…>
- Country: <…>
- Address: <…>
- Phone: <…>
- E-mail: <…>
Under the present Agreement, IKEA and the CUSTOMER shall collectively be referred to as the Parties.
ARTICLE 2- SUBJECT
The subject matter of the present Assembly Agreement (hereinafter "Agreement") is the provision of assembly works and operations, the specifications and price of which are stated on IKEA's web site named www.IKEA.com.tr (hereinafter "web site") and on the present agreement in response to the order placed by the CUSTOMER online, payment of the assembly price by the CUSTOMER, performance of the assembly service within this scope, and other rights and obligations of the Parties under the Consumer Protection Law no. 6502, and the venues available to settle any disputes arising from the present Agreement.
The subject matter of the present Agreement is, the assembly of the product/products that will be selected by the CUSTOMER and which are covered under the Distance Sales Agreement ("Sale Agreement"), and specifying the rules and procedures for assembly of the present products.
ARTICLE 3- ASSEMBLY WORKS COVERED UNDER THE AGREEMENT
Information such as name, code (specification, scope), quantity, price of the assembly works covered under the Agreement are
as follows:
Product Description for the Works that are Covered Under the Agreement
Article No. Product Description Quantity
60239273 HEMNES N 6 CKMCL ŞFNYR 108X131 BEYAZ VERNİK 1
10239280 HEMNES N 8 CKMCL ŞFNYR 160X96 BEYAZ VERNİK 1
Total Assembly Charges Including VAT : 3.049,80 TL
The Address of Assembly : <…>
Customer : <…>
Billing Address: <…>
ARTICLE 4- PAYMENT
4.1.
The price of the assembly works and operations covered under the present Agreement including VAT shall be paid by the CUSTOMER according to the payment type and conditions specified in the present Agreement.
4.2.
The CUSTOMER shall pay the price of the assembly works and operations covered under the Agreement by Visa, Amex, Troy or Mastercard credit cards.
If any payment has not been made, IKEA shall not have any liability under the present Agreement, and shall not start operations.
4.3.
The CUSTOMER agrees, represents and warrants that, if, after the assembly works and operations are performed, the bank or the financial institution does not pay the Agreement price to IKEA for any reason, in 3 (three) days the latest following the written notification by IKEA, the CUSTOMER shall pay the Agreement price to IKEA, by one of the payment types informed by IKEA.
The CUSTOMER represents and warrants that, should they act otherwise, they may be subject to applicable legal proceedings, including those concerning any damage or loss IKEA has incurred.
4.4.
IKEA shall not be liable for any deductibles applied by the banks at the time of the payments.
The CUSTOMER agrees, represents and warrants not to make any claims against IKEA for the deductions that may be applied by banks, under any name.
4.5.
The bank the CUSTOMER works with may, regardless of the initiative on part of IKEA, present various installment payment options as part of the promotions it applies.
The promotions IKEA is aware of and consents to shall be announced on its web site.
IKEA does not have any responsibility for the campaigns that may be organized by banks.
ARTICLE 5- PERFORMANCE OF ASSEMBLY WORKS AND RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1.
IKEA is liable to provide assembly services only at the regions announced at www.IKEA.com.tr address.
The CUSTOMER shall place the order for assembly service by entering the operation number online, which is on the product invoice that is received during the shopping at the address www.IKEA.com.tr.
Information for the assembly works and operations that are ordered online shall be given to the CUSTOMER by IKEA, 1 (one) day before the assembly, by a text message.
The CUSTOMER has to be present at the address that the CUSTOMER informed within the time interval that was informed for the assembly to start, and/or to advise the persons who will accompany the assembly team, and to accompany the assembly team until the assembly operation finishes.
If the CUSTOMER and/or the person advised is not present at the assembly location, IKEA will not carry out any work.
If the CUSTOMER is not present at the assembly address during the time interval agreed, or any other person to accompany the assembly is not declared, IKEA shall not have any other liability under the present Agreement, and after that point, the CUSTOMER cannot request the provision of assembly service based on the present Agreement.
When the assembly service cannot be provided due to the reasons caused by the customer as it is stipulated in this article, the CUSTOMER agrees to pay the minimum charges applicable to assembly service, and agrees that this amount is offset with the assembly price covered under the Agreement.
After the above mentioned amount is deducted from the Agreement price, IKEA will return the remaining amount to the CUSTOMER.
In this case, for the assembly of the products to be carried out by IKEA, a new Assembly Agreement should be executed between the CUSTOMER and IKEA, and then the terms of this new agreement can apply for assembly of the related products.
5.2.
Assembly date that is informed to the CUSTOMER by IKEA can be changed at any time.
When the estimated date of assembly changes, this will be informed by IKEA to the CUSTOMER.
The CUSTOMER cannot make any claims because the assembly date has changed.
5.3.
The invoice to be issued by IKEA to the name of the CUSTOMER and/or a legal or natural person to be specified by the CUSTOMER, in consideration of the price of the assembly works and operations, and other miscellaneous prices paid by the CUSTOMER, shall be issued in digital format under the e-archive application, and shall be mailed to the e-mail address of the CUSTOMER.
The CUSTOMER agrees and declares that, in the event of any address change, the CUSTOMER shall notify IKEA in writing, or through the call center at the number 444 4 532 about the change at least 24 (twenty four) hours before the service will be performed, and that any information they provide to IKEA shall be accurate and valid, bearing any damages that arise as a result of inaccurate information.
5.4.
If the CUSTOMER requests assembly service at an address that is different from the billing address, the CUSTOMER is obliged to provide the necessary explanation and information to IKEA.
The CUSTOMER is responsible for all additional fees arising from the assembly service provided at a different address.
5.5.
The CUSTOMER is obliged to keep the assembly area clean, vacant and ready beforehand.
Otherwise, IKEA is not obliged to carry out the assembly and/or prepare the area to the condition available for assembly.
If assembly service is provided under these conditions, the CUSTOMER shall be liable for the delay, loss, and all types of damages that may occur during the performance of work.
5.6.
The CUSTOMER has to keep the products that are to be assembled at the assembly location, and in the assembly time previously informed by IKEA.
The CUSTOMER cannot request that the product is moved to another place than where it is assembled.
The CUSTOMER is exclusively liable for defects, damages, and miscellaneous problems/omissions that the products may have before the assembly begins.
If the products are not ready in the assembly location in time and completely, IKEA is not obliged to provide the assembly service, or to prepare the location to be available for assembly.
If assembly service is provided under these conditions, the CUSTOMER shall be liable for the delay, loss, and all types of damages that may occur during the performance of work.
5.7.
If the products present at the assembly location are different than the products that are covered under the related Sale Agreement, and the ones that are informed to IKEA beforehand, IKEA is not obliged to carry out the assembly.
In this case, IKEA shall have no other liability under the present Agreement, and after this stage the CUSTOMER cannot request that assembly service is provided based on the present Agreement.
When the assembly service cannot be provided due to the reasons caused by the customer as it is stipulated in this article, the CUSTOMER agrees to pay the minimum charges applicable to assembly service, and agrees that this amount is offset with the assembly price covered under the Agreement.
After the above mentioned amount is deducted from the Agreement price, IKEA will return the remaining amount to the CUSTOMER.
In this case, for the assembly of the products to be carried out by IKEA, a new Assembly Agreement should be executed between the CUSTOMER and IKEA, and then the terms of this new agreement can apply for assembly of the related products.
5.8.
IKEA cannot be held liable if the products to be assembled are broken, incomplete, defective, damaged, and the package is open.
Within this scope, IKEA shall have no liability in any way when the assembly is not carried out at all, or not carried out as required, because the products to be assembled are broken, incomplete, with defects, with damages, and the package is open.
When the products to be assembled are broken, incomplete, with defects, with damages and the package is open, and it is seen that the assembly cannot be carried out at all, or cannot be carried out as required, IKEA is not obliged to provide the assembly service.
When IKEA does not carry out assembly because of these reasons, this will not be a breach of the Agreement.
However, if assembly service is provided in line with the requests of the CUSTOMER, the CUSTOMER shall be liable for the delay, loss, and all types of damages that may occur.
The CUSTOMER agrees, represents, and warrants that the CUSTOMER does not hold any rights to make any claims against IKEA, including the claim that the assembly was not carried out completely and as required.
5.9.
All types of damages that occur during the assembly of the product are the responsibility of the CUSTOMER, except the ones that are caused by faults of IKEA.
5.10.
When defects occur during and/or after the assembly due to reasons not attributable to the assembly team, and/or these cannot be corrected, and/or these are caused by the product which is assembled, —major ones being defects, incompleteness, and damages—, and/or the assembly area not being appropriate for the product to be assembled, IKEA shall not be liable for the damages that have occurred/will occur, under whatsoever title.
5.11.
IKEA will only perform the assembly works that are specified at the time of the execution of the Agreement, and which have been paid for within this scope.
The CUSTOMER cannot request anything additional from the assembly team, other than the ones covered under the Agreement.
For additional service to be provided upon the CUSTOMER’s request, a new assembly agreement should be executed, through www.IKEA.com.tr.
Any cash payment/tip should never be offered to IKEA Assembly Team.
5.12.
Within the scope of occupational health and safety and for hygiene reasons, IKEA Assembly Team work by wearing safety shoes.
Therefore, the CUSTOMER cannot request that the Assembly Team take their shoes off.
5.13.
IKEA Assembly Team is not specialized in matters such as electricity, water, natural gas fittings, and they do not carry out any works and operations in these fields.
Therefore, the CUSTOMER agrees, represents, and warrants not to make such requests to the Assembly Team within the scope of occupational health and safety.
5.14.
The CUSTOMER agrees, represents, and warrants that the information of the product to be assembled, billing and assembly addresses, and other information specified by them in the present Agreement are complete and accurate.
Otherwise, all liability shall rest with the CUSTOMER.
5.15.
After the assembly work is completed, the CUSTOMER, and/or the person accompanying the assembly is obliged to check whether the assembly carried out is in complete and robust condition, in line with the specifications and as required by regulations.
Within this scope, if there are any product/products that are detected after the assembly as being damaged during the assembly, a report should be prepared together with the assembly team.
The CUSTOMER agrees, represents, and warrants that, when such report is not prepared, the assembly is accomplished completely.
5.16.
When the assembly works begin, but they cannot be completed due to the reasons caused by the CUSTOMER, the CUSTOMER is obliged to pay the value of the completed part, and make up for all the losses of IKEA.
When the Assembly Service cannot be completed due to the reasons caused by the CUSTOMER, the CUSTOMER cannot request by any means and at any time that the remaining part of work is completed under the present Agreement.
The performance of the remaining part of work can only be made when a new assembly agreement is executed between the parties.
ARTICLE 6- GENERAL PROVISIONS
6.1.
The CUSTOMER agrees, represents, and warrants that, before the present Agreement is executed, the CUSTOMER read on the web site and received information about the basic specifications of the assembly works and operations covered in the Agreement, the price including VAT, the validity period concerning all obligations of IKEA —including price obligations—, the form of payment and information regarding performance of works and operations, the fees regarding any costs to be covered by the CUSTOMER, performance periods regarding the assembly works and operations covered in the Agreement, the address, phone number, and other contact details of IKEA to which the CUSTOMER may report their requests and complaints, and the process whereby the applications concerning consumer complaints and objections may be filed before the arbitration committees or consumer courts at the place of residence of the consumer or the place of purchase of services, subject to the value limits stipulated by the Turkish Ministry of Customs and Trade.
6.2.
The CUSTOMER agrees, represents, and warrants that minors younger than 18 shall not be allowed to make purchases at the web site even though product(s) for children are offered on sale, and that IKEA shall not be held liable for any damages 3rd parties may incur due to product orders placed in breach of this rule.
If it determines an act in breach of the present article, IKEA is entitled to terminate the Agreement by canceling the order and without paying any indemnities.
6.3.
IKEA reserves the right to suspend its obligations arising out of the Agreement, or to terminate the Agreement, if it detects that the information provided by the CUSTOMER is inaccurate.
In that case, if IKEA cannot reach the CUSTOMER through the telephone, e-mail, or the assembly address informed by the CUSTOMER, it shall freeze its obligations under the Agreement for a period of 5 (five) days.
The CUSTOMER shall be required to contact IKEA during the said period.
If, during this period, the CUSTOMER does not contact IKEA, IKEA has the right to terminate the Agreement without paying any indemnities.
In the event that the Agreement is terminated, any payment made by the CUSTOMER shall be returned within 14 (fourteen) days.
Returns for payments with credit cards shall be made to the credit card used for the payment.
IKEA shall be required just to perform the return process within the allotted time frame, and shall not be held liable for the time the bank takes to effect the payment on the account.
6.4.
Cases which have not been mentioned and could not be predicted at the time of execution of the Agreement, which develop outside the control of the PARTIES and which render one or both of the PARTIES unable to perform the obligations and responsibilities incurred through the Agreement, partly or completely, or in a timely manner, shall be considered forces majeures.
In case IKEA fails to deliver the assembly works covered in the Agreement due to force majeure (natural disasters, fire, explosions, civil wars, wars, riots, civil commotions, mobilization, strike, lockout, epidemics, problems caused by the internet system or the service providers which provide internet services, acts and procedures by government authorities, exhaustion of inventories, commercial impossibilities, weather conditions preventing shipments, and extraordinary cases which disrupt transportation), IKEA shall be required to report the matter to the CUSTOMER.
In such case, the CUSTOMER may exercise the option of canceling the order or postponing the performance time of the assembly works covered in the Agreement until the obstacle preventing its performance is removed.
In case the CUSTOMER chooses to cancel the order, the amount paid by the CUSTOMER shall be returned within 14 (fourteen) days.
IKEA shall not be liable for damages that will occur in such cases of delay and cancellation, which are beyond IKEA’s control.
6.5.
IKEA shall not be liable for any price or content inaccuracies arising due to printing or system errors.
If the assembly price stated is well below the market rate, so as to make it perceivable to the average person that it is a clear error, IKEA may cancel all the Agreements executed at the said erroneous price.
The CUSTOMER represents and warrants that it shall not be entitled to any rights or claims, including delivery of the assembly service at the advertised price, due to such a clear error.
6.6.
IKEA, acting as the data controller, shall store certain personal information pertaining to the CUSTOMER, as provided in the present Agreement and the preliminary information form (name-surname, phone number, Republic of Turkey ID number, address or e-mail address etc.).
IKEA may use the name-surname, phone number, Republic of Turkey ID Number, address, e-mail address, date of birth, and similar details requested during the shopping process for contacting the BUYER where necessary, outside the scope and the purposes stipulated in the present agreement, and may store or process such data.
Personal Information may also be transferred to companies with whom IKEA collaborates to conduct research intended to improve the processes of IKEA, creating a database, carrying out market research, and carrying out communication/marketing activities, and such information may be processed and used by such companies.
The CUSTOMER acknowledges and agrees that the CUSTOMER gives consent under Law No 6698 on Protection of Personal Data that the CUSTOMER’s personal information may be transferred to natural and/or legal persons with whom IKEA has collaborated for the above-mentioned purposes and may also be processed and stored.
The CUSTOMER may contact the Data Controller IKEA at any time under the Law, and learn if their personal data has been processed or not; inquire about any such processed personal data; learn about the purpose of processing the personal data and whether such data has been used in line with that purpose; inquire about the third parties to which personal data has been transferred; request the correction of errors in personal data, and for further correction by applicable third parties if the data has been transferred; request the deletion, destruction, or anonymization of the data, and the forwarding of this request to any third parties to which such data may have been transferred in case the grounds for processing personal data no longer apply; file an objection against any negative consequences that arise with respect to the person as a result of data processing; and claim lawful damages in case any such damages arise due to data processing in violation of the Law.
ARTICLE 7- GOVERNING LAW AND SETTLEMENT OF DISPUTES
7.1.
Turkish Law shall govern any dispute that may arise from the implementation and interpretation of the present Agreement, or the Agreement itself.
7.2.
The CUSTOMER may, for the settlement of any disputes arising under Law no. 6502 regarding the implementation of the present Agreement, file a claim before the Consumer Arbitration Committees for claims up to the limit announced by the Ministry of Customs and Trade, and the Consumer Courts of Istanbul for any disputes in excess of said limit.
In case of discrepancies between the two versions, the Turkish version shall prevail.
THE COMPANY PROVIDING ASSEMBLY SERVICE: MAPA Mobilya ve Aksesuar Pazarlama A.Ş.
THE CUSTOMER RECEIVING ASSEMBLY SERVICE: <…>
DATE: <…>