DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been 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)
NAME SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER"
in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance
that if the subject of the contract approves the order, he will be under the
obligation to pay the price of the order and the additional fees, if any, such
as shipping fee and tax, and that he has been informed about it.
2. DEFINITIONS
In the application and interpretation of this contract, the
terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation
(RG:27.11.2014/29188)
SERVICE: The subject of all kinds of consumer transactions
other than the supply of goods made or promised to be made 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 of or
on behalf of the supplier,
BUYER: A natural 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,
ORDERING PERSON: The natural or legal person who requests a
good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and
the BUYER,
GOODS: It refers to the movable goods that are the subject
of shopping and the software, sound, image and similar intangible goods
prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the
parties in accordance with the provisions of the Law No. 6502 on the Protection
of the Consumer and the Regulation on Distance Contracts regarding the sale and
delivery of the product, the qualities and sales price of which are specified
below, which the BUYER has placed an order electronically on the website of the
SELLER.
The prices listed and announced on the site are the sales
price. The announced prices and promises are valid until they are updated and
changed. Prices announced for a period of time are valid until the end of the
specified period.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
Email
5. BUYER INFORMATION
Person to be delivered
Delivery address
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service
(type, quantity, brand/model, color, number) are published on the website of
the SELLER. If the campaign is organized by the seller, you can examine the
basic features of the relevant product during the campaign. Valid until the
campaign date.
7.2. The prices listed and announced on the site are the
sales price. The announced prices and promises are valid until they are updated
and changed. Prices announced for a period of time 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
Person to be delivered
Billing address
Order date
delivery date
Delivery method
7.4. The shipping fee, which is the product shipping cost,
will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: During the delivery of the invoice order,
to the invoice address together with the order.
It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has
read the preliminary information about the basic characteristics, sales price,
payment method and delivery of the product subject to the contract on the
website of the SELLER and that he is informed and gives the necessary
confirmation in the electronic environment. BUYER's; Confirming the Preliminary
Information in electronic environment, accepts, declares and undertakes that he
has obtained 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, payment and delivery
information accurately and completely. .
9.2. Each product subject to the contract is delivered to
the person and/or organization at the address indicated by the BUYER or the
BUYER, within the period specified in the preliminary information section of
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. The 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, with the information
and documents required by the job, free from all kinds of defects, and to
perform the work in accordance with the standards, in accordance with the
principles of accuracy and honesty. It accepts, declares and undertakes to act
with caution and foresight, to maintain and increase the quality of service, to
show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product with equal
quality and price, by informing the BUYER and by obtaining its explicit
approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it
is impossible to fulfill the product or service subject to the order, it will
notify the consumer in writing within 3 days from the date of learning of this
situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she
will confirm this Agreement electronically for the delivery of the product
subject to the contract, and in case the contract product price is not paid
and/or canceled in the bank records for any reason, the SELLER's obligation to
deliver the contractual product will end.
9.7. After the delivery of the product subject to the
contract to the person and/or organization at the address indicated by the
BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by
unauthorized persons, if the price of the product subject to the contract is
not paid to the SELLER by the relevant bank or financial institution. It
accepts, declares and undertakes that it will return it to the SELLER within 3
days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes to notify
the BUYER of the situation if the product subject to the contract cannot be
delivered in due time due to force majeure situations that develop beyond the
will of the parties, are unpredictable and prevent and / or delay the
fulfillment of the obligations of the parties. The BUYER also has the right to
demand from the SELLER the cancellation of the order, the replacement of the
product subject to the contract with its precedent, if any, and/or the
postponement of the delivery period until the obstacle is removed. In case of
cancellation of the order by the BUYER, in the payments made by the BUYER in
cash, the product amount is paid to him in cash and in one lump sum within 14
days. In the payments made by the BUYER by credit card, the product amount is
returned to the relevant bank within 14 days after the order is canceled by the
BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to
the credit card by the SELLER to be reflected to the BUYER's account by the
bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile
phone lines and other contact information specified by the BUYER in the
registration form on the site or updated later by him, via letter, e-mail, SMS,
telephone call and other means, communication, marketing, notification and 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.
9.10. The BUYER shall inspect the contracted goods/services
before receiving them; dented, broken, torn packaging, etc. damaged and
defective goods / services will not be received from the cargo company. The
received goods/services shall be deemed to be undamaged and intact. The
responsibility of carefully protecting the goods/services after delivery
belongs to the BUYER. 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
regarding the credit card used in the order before the product is delivered to
the BUYER, the SELLER shall provide the identity and contact information of the
credit card holder, the statement of the previous month of the credit card used
in the order. or request the BUYER from the bank of the card holder to submit a
letter stating that the credit card belongs to him. The order will be frozen
until the BUYER provides the information/documents subject to the request, and
if the aforementioned demands are not met within 24 hours, the SELLER has the
right to cancel the order.
9.12. The BUYER declares and undertakes that the personal
and other information provided while subscribing to the website belonging to the
SELLER are true, and that the SELLER will immediately indemnify all damages due
to the untruthfulness of this information, upon the first notification of the
SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes from the beginning to
comply with the provisions of the legal legislation and not to violate them
when using the website of the SELLER. Otherwise, all legal and penal
obligations to arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way
that disrupts public order, violates public morals, disturbs and harass others,
for an unlawful purpose, infringing on the material and moral rights of others.
In addition, the member cannot engage in activities (spam, virus, trojan horse,
etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are
not under the control of the SELLER and/or owned and/or operated by other third
parties may be given over the website of the SELLER. These links are provided
for the purpose of providing ease of orientation to the BUYER and do not
support any website or the person operating that site and do not constitute any
guarantee 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 responsible for this
violation and will keep the SELLER free from the legal and penal consequences
of these violations. Also; In the event that the incident is referred to the
legal field due to this violation, the SELLER reserves the right to claim
compensation against the member due to non-compliance with the membership
agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is
related to the sale of goods, the product itself or the person / organization
at the address indicated, within 14 (fourteen) days from the date of delivery,
on the condition of notifying the SELLER, he can use his right to withdraw from
the contract by rejecting the goods without taking any legal or criminal
responsibility and without giving any reason. In distance contracts related to
service provision, this period starts from the date of signing the contract.
Before the expiry of the right of withdrawal, the right of withdrawal cannot be
used in service contracts where the performance of the service has started with
the approval of the consumer. The costs arising from the use 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, the
SELLER must be notified in writing by registered mail, fax or e-mail within 14
(fourteen) days and the product has not been used within the framework of the
provisions of the "Products for which the Right of Withdrawal cannot be
exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or
the BUYER, (If the invoice of the product to be returned is corporate, it must
be sent with the return invoice issued by the institution when returning it.
Order returns whose invoices are issued on behalf of the institutions cannot be
completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete
and undamaged, together with the box, packaging and standard accessories, if
any.
d) The SELLER is obliged to return the total price and the
documents that put the BUYER under debt to the BUYER within 10 days at the
latest from the receipt of the withdrawal notification and to return the goods
within 20 days.
e) If there is a decrease in the value of the goods due to
the BUYER's fault or if the return becomes impossible, the BUYER is obliged to
compensate the SELLER's losses at the rate of his fault. However, the BUYER is
not responsible for the changes and deteriorations that occur due to the proper
use of the goods or products within the right of withdrawal period.
f) In case of falling below the campaign limit amount set by
the SELLER due to the exercise of the right of withdrawal, the discount amount
used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials,
disposable products, goods that are in danger of spoiling quickly or that are
likely to expire, which are prepared in line with the BUYER's request or
clearly personal needs and are not suitable for return, are delivered to the
BUYER. Products that are not suitable for return in terms of health and hygiene
if their 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, except
those provided under the subscription agreement, Instantly executed
electronically Services or intangible goods delivered instantly to the
consumer, as well as audio or video recordings, books, digital content,
software programs, data recording and data storage devices, computer
consumables, cannot be returned as per the Regulation if their packaging has
been opened by the BUYER. In addition, before the expiry of the right of
withdrawal, it is not possible to use the right of withdrawal regarding the
services that have been started with the approval of the consumer, as per the
Regulation.
Cosmetics and personal care products, underwear products,
swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and
cassettes and stationery consumables (toner, cartridge, tape, etc.) and they
must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest
and be liable to the bank within the framework of the credit card agreement
between the cardholder bank and the bank in case of default in the case of
making the payment transactions with a credit card. In this case, the relevant
bank may take legal action; may claim the costs and attorney's fees to arise
from the BUYER and in any case, if the BUYER defaults due to its debt, the
BUYER accepts, declares and undertakes that he will pay the damage and loss
suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this
contract, consumer problems in the place of residence of the consumer or where
the consumer transaction is made, within the monetary limits specified in the law
below, shall be made to the arbitral tribunal or the consumer court.
Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes
whose value is less than 2,000,00 (two thousand) TL in accordance with Article
68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes
with a value less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications are
made to the 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 made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the
Site, it is deemed to have accepted all the terms of this contract. 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 fulfilled.
SALES PERSON:
BUYER:
DATE:
