DISTANCE SALES
CONTRACT
1. PARTIES
This Agreement has been signed
between the following parties within the framework of the terms and conditions
specified below.
'BUYER' ; (hereinafter referred
to as "BUYER" in the contract)
NAME SURNAME:
ADDRESS:
'SALES PERSON' ; (hereinafter
referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the
BUYER accepts in advance that if he approves the order subject to the contract,
he will be obliged to pay the price subject to the order and additional fees,
such as shipping fee and tax, if any, and that he has been informed about this.
2.DEFINITIONS
In the implementation and
interpretation of this agreement, the terms written below will express the
written explanations opposite them.
MINISTER: Minister of Customs and
Trade,
MINISTRY: Ministry of Customs and
Trade,
LAW: Law on Consumer Protection
No. 6502,
REGULATION: Distance Contracts
Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any
consumer transaction other than providing goods that are made or promised to be
done in return for a fee or benefit,
SELLER: The company that offers
goods to the consumer within the scope of its commercial or professional
activities or acts on behalf or on behalf of the offerer of goods,
BUYER: Real or legal person who
acquires, uses or benefits from a good or service for commercial or
non-professional purposes,
SITE: The website of the SELLER,
ORDERER: The real or legal person
who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement
concluded between the SELLER and the BUYER,
GOODS: It refers to the movable
goods subject to shopping and software, sound, image and similar intangible
goods prepared for use in electronic environment.
3. TOPIC
This Agreement regulates the
rights and obligations of the parties in accordance with the provisions of the
Consumer Protection Law No. 6502 and the Regulation on Distance Contracts
regarding the sale and delivery of the product whose qualifications and sales
price are specified below, which the BUYER ordered electronically through the
SELLER's website.
4. SELLER
INFORMATION
Title
Address
Telephone
Fax
Email
5. BUYER
INFORMATION
Delivery person
Delivery address
Telephone
Fax
Email/username
6. INFORMATION OF
THE PERSON WHO PLACED THE ORDER
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACT
SUBJECT PRODUCT/PRODUCTS INFORMATION
1. The basic
features (type, quantity, brand/model, color, quantity) of the
Good/Product(s)/Service are published on the SELLER's website. If a campaign
has been organized by the seller, you can review the basic features of the
relevant product during the campaign. It is valid until the campaign date.
7.2. The prices
listed and announced on the site are the sales price. Declared prices and
promises are valid until updated or changed. Prices announced periodically are
valid until the end of the specified period.
7.3. The sales
price of the goods or services subject to the contract, including all taxes, is
shown below.
Product
Description Quantity Unit Price Subtotal
(VAT included)
Shipping Amount
Total :
Payment Method
and Plan
Delivery address
Delivery person
Billing address
Order date
delivery date
Delivery method
7.4. The shipping
fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE
INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery:
The invoice is sent together with the order to the invoice address during order
delivery.
It will be
delivered.
9. GENERAL
PROVISIONS
9.1. BUYER
accepts, declares and undertakes that he/she has read the preliminary
information regarding the basic characteristics of the product subject to the
contract, sales price and payment method and delivery on the SELLER's website,
and has given the necessary confirmation electronically. BUYER's; He/she
accepts, declares and undertakes that he / she confirms the Preliminary
Information electronically and obtains the address to be given by the SELLER to
the BUYER before the establishment of the distance sales contract, the basic
features of the ordered products, the price of the products including taxes,
and the payment and delivery information accurately and completely. .
9.2. Each product
subject to the contract is delivered to the BUYER or the person and/or
organization at the address indicated by the BUYER within the period specified
in the preliminary information section on the website, depending on the
distance of the BUYER's residence, provided that it does not exceed the legal
period of 30 days. If the product cannot be delivered to the BUYER within this
period, the BUYER reserves the right to terminate the contract.
9.3. SELLER
undertakes to deliver the product subject to the contract completely, in
accordance with the qualifications specified in the order, and with warranty
documents, user manuals, if any, and information and documents required for the
job, and to perform the job within the principles of accuracy and honesty, free
from any defects, in accordance with the requirements of legal legislation, in
accordance with the standards. accepts, declares and undertakes to maintain and
improve the service quality, to show the necessary care and attention during
the performance of the work, and to act with prudence and foresight.
9.4. The SELLER
may supply a different product of equal quality and price by informing the
BUYER and obtaining his express approval before the contractual performance
obligation expires.
9.5. The SELLER
accepts, declares and undertakes that if it becomes impossible to fulfill the
product or service subject to the order and cannot fulfill its contractual
obligations, it will notify the consumer in writing within 3 days from the date
of learning of this situation, and will refund the total price to the BUYER
within 14 days.
9.6. BUYER
accepts, declares and undertakes that he/she will confirm this Agreement
electronically for the delivery of the product subject to the contract, and
that if the price of the product subject to the contract is not paid for any
reason and/or is canceled in the bank records, the SELLER's obligation to
deliver the product subject to the contract will end.
9.7. If the price
of the product subject to the contract is not paid to the SELLER by the
relevant bank or financial institution as a result of the unfair use of the
BUYER's credit card by unauthorized persons after the delivery of the product
subject to the contract to the BUYER or the person and/or organization at the
address indicated by the BUYER, the BUYER shall accept the product subject to
the contract. He accepts, declares and undertakes that he will return it to the
SELLER within 3 days, at the shipping expense of the SELLER.
9.5. The SELLER
accepts, declares and undertakes that if it becomes impossible to fulfill the
product or service subject to the order and cannot fulfill its contractual
obligations, it will notify the consumer in writing within 3 days from the date
of learning of this situation, and will refund the total price to the BUYER
within 14 days.
9.6. BUYER
accepts, declares and undertakes that he/she will confirm this Agreement
electronically for the delivery of the product subject to the contract, and
that if the price of the product subject to the contract is not paid for any
reason and/or is canceled in the bank records, the SELLER's obligation to
deliver the product subject to the contract will end.
9.7. If the price
of the product subject to the contract is not paid to the SELLER by the
relevant bank or financial institution as a result of the unfair use of the
BUYER's credit card by unauthorized persons after the delivery of the product
subject to the contract to the BUYER or the person and/or organization at the
address indicated by the BUYER, the BUYER shall purchase the product subject to
the contract. He accepts, declares and undertakes that he will return it to the
SELLER within 3 days, at the shipping expense of the SELLER.
9.8. The SELLER
accepts, declares and undertakes to notify the BUYER of the situation if it
cannot deliver the product subject to the contract within the time limit due to
force majeure situations that develop beyond the will of the parties, are
unforeseen and prevent and/or delay the parties from fulfilling their
obligations. The BUYER also has the right to request from the SELLER to cancel
the order, replace the product subject to the contract with a similar one, if
any, and/or postpone the delivery period until the hindering situation
disappears. If the order is canceled by the BUYER, for the payments made by the
BUYER in cash, the product amount will be paid in cash and in lump sum within
14 days. For payments made by the BUYER by credit card, the product amount will
be returned to the relevant bank within 14 days after the order is canceled by
the BUYER. BUYER warns that the average process for the bank to reflect the
amount returned to the credit card by the SELLER to the BUYER's account may
take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's
accounts after it is returned to the bank is entirely related to the bank
transaction process, the BUYER should contact the SELLER for possible delays. accepts,
declares and undertakes that it cannot be held responsible.
9.9. SELLER's
communication, marketing, notification and communications through letters,
e-mails, SMS, telephone calls and other means through the address, e-mail
address, landline and mobile phone lines and other contact information
specified by the BUYER in the site registration form or updated by him later.
has the right to reach the BUYER for other purposes. By accepting this
contract, the BUYER accepts and declares that the SELLER may engage in the
above-mentioned communication activities towards him/her.
9.10. BUYER will
inspect the goods/services subject to the contract before receiving them;
dents, broken, packaging torn, etc. Damaged and defective goods/services will
not be received from the cargo company. The goods/services received will be
deemed to be undamaged and intact. The BUYER is responsible for carefully
protecting 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.
9.11. If the
BUYER and the credit card holder used during the order are not the same person,
or if a security vulnerability is detected in the credit card used in the order
before the product is delivered to the BUYER, the SELLER will provide the
identity and contact information of the credit card holder and the previous
month's statement of the credit card used in the order. or may request the
BUYER to submit a letter from the card holder's bank stating that the credit
card belongs to him/her. The order will be frozen until the BUYER provides the
information/documents subject to the request, and if the said requests are not
met within 24 hours, the SELLER has the right to cancel the order.
9.12. BUYER
declares and undertakes that the personal and other information provided while
subscribing to the SELLER's website is accurate, and that the SELLER will
compensate all damages that the SELLER may incur due to the untruth of this
information, immediately, in cash and in lump sum, upon the first notification
of the SELLER.
9.13. BUYER
accepts and undertakes to comply with the legal regulations and not to violate
them while using the SELLER's website. Otherwise, all legal and criminal
liabilities that may arise will be entirely and exclusively binding on the
BUYER.
9.14. BUYER
cannot use the SELLER's website in any way that disrupts public order, is
contrary to general morality, disturbs or harasses others, for an unlawful
purpose, or in a way that violates the material and moral rights of others. In
addition, the member cannot engage in any activity (spam, virus, trojan horse,
etc.) that prevents or complicates the use of the services by others.
9.15. Links may
be provided through the SELLER's website to other websites and/or other content
that are not under the SELLER's control and/or owned and/or operated by other
third parties. These links are provided to provide ease of navigation to the
BUYER and do not support any website or the person operating that site and do
not constitute any warranty for the information contained in the linked
website.
9.16. The member
who violates one or more of the articles listed in this contract will be
personally and criminally and legally responsible for this violation and will
keep the SELLER free from the legal and criminal consequences of these
violations. Moreover; Due to this violation, if the incident is referred to the
legal field, the SELLER reserves the right to claim compensation against the
member for non-compliance with the membership agreement.
10. RIGHT OF
WITHDRAWAL
10.1. BUYER; In
case the distance contract is related to the sale of goods, the person may
exercise his right of withdrawal from the contract by rejecting the goods
within 14 (fourteen) days from the date of delivery of the product to himself
or to the person/organization at the address indicated, without assuming any
legal or criminal liability and without giving any justification, provided that
he notifies the SELLER. In distance contracts for service provision, this
period starts from the date the contract is signed. The right of withdrawal
cannot be exercised in service contracts where the performance of the service
begins with the approval of the consumer before the right of withdrawal
expires. Expenses arising from the exercise of the right of withdrawal belong
to the SELLER. By accepting this contract, the BUYER accepts in advance that he
has been informed about the right of withdrawal.
10.2. In order to
exercise the right of withdrawal, written notification must be made to the
SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the
product must not have been used within the framework of the "Products for
which the Right of Withdrawal cannot be Exercised" provisions set out in
this contract. If this right is exercised,
a) The invoice of
the product delivered to the third party or the BUYER, (If the invoice of the
product to be returned is corporate, it must be sent together with the return
invoice issued by the institution when returning it. Order returns whose
invoice is issued on behalf of institutions cannot be completed unless the
RETURN INVOICE is issued.)
b) Return form,
c) The products
to be returned must be delivered complete and undamaged, along with their box,
packaging and standard accessories, if any.
d) The SELLER is
obliged to return the total price and the documents that put the BUYER in debt
to the BUYER within a period of 10 days at the latest after receiving the
notice of withdrawal, and to return the goods within 20 days.
e) If the value
of the goods decreases or the return becomes impossible due to a reason arising
from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages
in proportion to the fault. However, the BUYER is not responsible for any
changes or deteriorations that occur due to the improper use of the goods or
product within the right of withdrawal period.
f) If the
campaign limit amount set by the SELLER falls below due to the exercise of the
right of withdrawal, the discount amount used within the scope of the campaign
will be cancelled.
11. PRODUCTS FOR
WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Underwear
bottoms, swimsuits and bikini bottoms, make-up materials, disposable products,
goods prepared in line with the BUYER's request or clearly personal needs and
that cannot be sent back, goods that are in danger of rapid deterioration or
that may expire, are delivered to the BUYER. Products that are not suitable for
health and hygiene to be returned if the packaging is opened by the BUYER after
delivery, products that are mixed with other products after delivery and cannot
be separated due to their nature, goods related to periodicals such as
newspapers and magazines, other than those provided within the scope of the
subscription agreement, products that are instantly executed in the electronic
environment In accordance with the Regulation, it is not possible to return
services or intangible goods delivered immediately to the consumer, as well as
audio or video recordings, books, digital content, software programs, data
recording and data storage devices, computer consumables, if their packaging
has been opened by the BUYER. In addition, it is not possible to exercise the
right of withdrawal regarding services that started to be performed with the
approval of the consumer before the right of withdrawal expires, in accordance
with the Regulation.
Cosmetics and
personal care products, underwear products, swimsuits, bikinis, books, copyable
software and programs, DVDs, VCDs, CDs and cassettes, and stationery
consumables (toner, cartridges, ribbons, etc.) must be returned in unopened,
untested, intact packaging. and they must be unused.
12. DEFAULT AND
LEGAL CONSEQUENCES
BUYER accepts,
declares and undertakes that in case of default when making payment
transactions by credit card, he will pay interest within the framework of the
credit card agreement between the cardholder and the bank and will be
responsible to the bank. In this case, the relevant bank may take legal action;
may demand the expenses and attorney's fees that may arise from the BUYER, and
under any circumstances, in case of default due to the BUYER's debt, the BUYER
accepts, declares and undertakes to pay the damages and losses suffered by the
SELLER due to the delayed performance of the debt.
13. COMPETENT
COURT
In disputes
arising from this contract, complaints and objections will be made to the
arbitration committee or consumer court on consumer issues in the place where
the consumer resides or where the consumer transaction is made, within the
monetary limits specified in the law below. Information regarding the monetary
limit is below:
Effective as of
28/05/2014:
13. COMPETENT
COURT
In disputes
arising from this contract, complaints and objections will be made to the
arbitration committee or consumer court on consumer issues in the place where
the consumer resides or where the consumer transaction is made, within the
monetary limits specified in the law below. Information regarding the monetary
limit is below:
Effective as of
28/05/2014:
a) To district
consumer arbitration committees in disputes with a value below 2,000.00 (two
thousand) TL, in accordance with Article 68 of the Law on Consumer Protection
No. 6502,
b) To provincial
consumer arbitration committees in disputes with a value below 3,000.00 (three
thousand) TL,
c) In provinces
with metropolitan status, applications are made to provincial consumer
arbitration committees in disputes with a value between 2,000.00 (two thousand)
TL and 3,000.00 (three thousand) TL.
This Agreement is
concluded for commercial purposes.
14. ENFORCEMENT
When the BUYER
makes the payment for the order placed on the Site, he/she is deemed to have
accepted all the terms of this agreement. The SELLER is obliged to make the
necessary software arrangements to obtain confirmation that this contract has
been read and accepted by the BUYER on the site before the order is placed.
SALES PERSON:
BUYER:
HISTORY: