Distance Sales Agreement
1. PARTIES
This Agreement is signed between the following parties within the framework of the terms and conditions set forth below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this contract, the BUYER acknowledges in advance that if the order subject to the contract is approved, they are obliged to pay the price of the order subject and any additional fees, such as shipping costs and taxes, and have been informed about this.
2. DEFINITIONS
The terms written below in the application and interpretation of this contract will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the supply of goods made or committed to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of their commercial or professional activities or acts on behalf or account of the provider,
BUYER: The natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDER PLACING PERSON: The natural or legal person requesting a product or service through the internet site of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to shopping and intangible assets prepared for use in an electronic environment such as software, sound, image, etc.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties related to the sale and delivery of the product, of which the characteristics and sales price are specified below, that the BUYER has ordered electronically from the internet site of the SELLER, within the scope of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts.
The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until updated and changed. The announced prices for a limited period are valid until the specified period's end.
4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Last name/Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The main characteristics (type, quantity, brand/model, color, number) of the goods/product/products/service are published on the internet site of the SELLER. If the seller has organized a campaign, you can examine the main characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until updated and changed. The announced prices for a limited period are valid until the specified period's end.
7.3. Below is the sales price of the goods or services subject to the contract, including all taxes.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Cargo Amount
Total :
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery Date
Delivery form
7.4. Shipping cost, which is the product shipment expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Last name/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during the delivery of the order.
9. GENERAL CONDITIONS
9.1. The BUYER declares that they have read and been informed about the preliminary information regarding the basic characteristics, sales price, and payment method, as well as the delivery of the product subject to the contract on the internet site belonging to the SELLER and has given the required confirmation in electronic form. The BUYER acknowledges, declares, and undertakes that they have correctly and completely received the address to be provided to them by the SELLER before the conclusion of the distance sales contract and the basic characteristics, price including taxes, payment, and delivery information of the products ordered.
9.2. Each product subject to the contract is delivered to the BUYER or the individual 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, without exceeding the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract is reserved.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with documents such as warranty certificates and user manuals if available, free from any kinds of faults, legally, in a manner consistent with the standards, accurately, in good faith and keeping the quality of service high, acting with due care and attention, and with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the expiration of the contractual performance obligation.
9.5. In cases where the fulfillment of the order or service becomes impossible, the SELLER pledges to inform the consumer in writing within 3 days from the date of learning about this and to refund the total cost to the BUYER within 14 days.
9.6. The BUYER declares, acknowledges, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and in the event of non-payment of the product fee for any reason and/or the cancellation of the payment in banking records, the SELLER's delivery obligation shall terminate.
9.7. In the case where, after delivery of the product subject to the contract, unauthorized use of the BUYER's credit card by unjust persons results in non-payment of the product fee to the SELLER by the relevant bank or financial institution, the BUYER declares, acknowledges, and undertakes to return the product to the SELLER within 3 days with the shipping cost paid by the SELLER.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER promptly in cases where force majeure situations such as happenings beyond the will of the parties, preventing and/or delaying the party's obligations arise and result in the failure to deliver the product subject to the contract on time. The BUYER holds the right to request the cancellation of the order, replacement of the product subject to the contractual terms with an equivalent (if possible), and/or the postponement of the delivery term until the obstructive condition is eliminated. In the event of order cancellation by the BUYER, the price paid by the BUYER in cash will be refunded within 14 days. In cases where the BUYER has made the payment using a credit card, the product's amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges that the period taken for the refund amount to be reflected in the BUYER's accounts might take 2 to 3 weeks on average depending entirely on the banking process after the refund to the credit card is conducted by the SELLER, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER holds the right to communicate with the BUYER via mail, email, SMS, phone calls, and other means using the address, email address, landline, and mobile phone lines, and other contact information specified in the registration form by the BUYER or updated later on, for purposes such as communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in such communication activities directed towards them.
9.10. The BUYER will inspect the goods/services subject to the contract before taking delivery, not accepting delivery of goods/services found to be damaged, defective, or different from what is stated, such as crushed, broken, or with torn packaging, from the courier company. Accepted goods/services are considered undamaged and solid. The duty of conserving the goods/services diligently after delivery falls entirely upon the BUYER. If the right of withdrawal is to be utilized, the goods/services must not be used, and the invoice must be returned.
9.11. If the person holding the credit card used during the order is not the BUYER or the security vulnerable on the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and communication information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder proving that the credit card belongs to them. The order will be frozen during the period it takes for the BUYER to provide the requested information/documents. If these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares that the personal and other information they provide while registering as a member on the internet site belonging to the SELLER is true, and they will compensate the SELLER for all damages incurred due to the inaccuracy of such information immediately and in full upon the first notification from the SELLER.
9.13. The BUYER pre-agrees and undertakes to comply with the provisions of the applicable legislation while using the internet site belonging to the SELLER and not to violate them. Otherwise, all legal and penal obligations arising will be entirely and exclusively borne by the BUYER.
9.14. The BUYER cannot use the internet site belonging to the SELLER in any way that disrupts public order, contradicts general morality, disturbs or harasses others, and for purposes against the laws, or in a way that infringes upon the material and moral rights of others. Also, the member cannot conduct any activities preventing or complicating the services (spam, virus, trojan horse, etc.).
9.15. Links might be provided to other websites or other content that are not under the control of the SELLER and are owned or operated by other third parties, from the internet site of the SELLER. These links are placed to provide convenience to the BUYER and in no way constitute support for any website or the person operating it, nor does it guarantee the accuracy of the information contained in the linked website.
9.16. The member who violates one or more of the articles specified in this contract will be personally responsible for such breach, both legally and criminally, and will keep the SELLER free from the legal and criminal consequences of such violations. Besides, if the incident is brought into the legal field due to this breach, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER can exercise their right to withdraw from the contract by rejecting the goods subject to the contract within 14 (fourteen) days from the delivery date to them or the person/organization indicated, without taking any legal or penal responsibility and without stating any reasons, by notifying the SELLER. In the case of distance contracts regarding service provision, this period begins from the date of signing the contract. For services that have started their performance with the consumer's confirmation before the end of the withdrawal period, the right of withdrawal may not be exercised. The costs arising from exercising the right of withdrawal belong to the SELLER. The BUYER acknowledges, in advance, that they have been informed about the right of withdrawal by accepting this contract.
10.2. For the right of withdrawal to be exercised, it is required to notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal cannot be Used" provisions stated in this agreement. In the event of exercising this right, the followings are required,
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, the return invoice issued by the institution must be sent along with the return product. In the event that the order returns for which the invoice is issued on behalf of institutions are not accompanied by a RETURN INVOICE, such return requests will not be completed.)
b) Return form,
c) The box, packaging of the goods to be returned, and accessories, if any, must be delivered completely and without damage.
d) The SELLER must return the total price and documents indebting the BUYER back to the BUYER within 10 days after reaching the notification of withdrawal and must take back the goods within 20 days.
e) In the event of a decrease in the value of the goods or the return impossible due to a fault beyond the BUYER's control, the BUYER is obliged to compensate the SELLER's damages at the wrong rate. However, the BUYER is not responsible for the changes and deteriorations arising from the due and proper use of the goods or product within the withdrawal period.
f) In cases where the campaign limit organized by the SELLER is exceeded due to the use of the right of withdrawal, the discount amount utilized within the campaign will be canceled.
11. PRODUCTS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that are not eligible for return, prepared according to the BUYER's preferences or explicit personal needs, such as underwear bottoms, swimwear, bikini bottoms, makeup products, disposable products, goods with a danger of rapid deterioration, or goods likely to expire, products not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that are mixed with other products after being delivered and which cannot naturally be separated, products related to periodical publications such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, voice or video recordings, books, digital content, software programs, devices capable of recording data and storage, and computer consumables if their packaging is opened by the BUYER, cannot be returned legally. Furthermore, according to the Regulation, using the right of withdrawal concerning services started with the consumer's confirmation before the end of the withdrawal period is also impossible.
Cosmetics and personal care products, underwear products, swimwear, bikini, books, software, and programs that can be copied, DVDs, VCDs, CDs, and cassettes, and stationary consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused for return.
12. DEFAULT AND LEGAL CONSEQUENCES
In cases where the BUYER falls into default in payment transactions performed with a credit card, they accept, declare, and undertake that they will pay interest and be responsible to the bank in accordance with the credit card agreement between the cardholder bank. In this case, the relevant bank can resort to legal means and demand the expenses and attorney fees from the BUYER, and in all cases, where the BUYER falls into default due to the delay in debt repayment, the BUYER declares, acknowledges, and undertakes to cover the damage and loss suffered by the SELLER.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be submitted to the Consumer Problems Arbitration Committee and the Consumer Court at the BUYER's place of residence or where the consumer transaction took place, within the specified monetary limits of the following law. The information on monetary limits is below:
For applications starting from 01/01/2017, the value of the applications to consumer arbitration committees for 2017 is:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira in provinces with the status of a large city,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred and ten) Turkish Lira in the centers of provinces not in the status of a large city,
ç) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira in districts not connected to provinces with the status of a large city.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software adjustments to ensure that this contract is read and accepted by the BUYER on the site before the order is fulfilled.
SELLER:
BUYER:
DATE:
