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.
'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 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
(OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction 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,
CUSTOMER: 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 ordered electronically through the
website of the SELLER.
Prices listed and announced on the site are sales prices.
Advertised 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
Phone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
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. Prices listed and announced on the site are sales
prices. Advertised 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
Piece
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
Phone
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; He/she accepts, declares
and undertakes that he/she confirms the Preliminary Information in electronic
environment, 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 from the BUYER's place of 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 the warranty documents, user manuals, if any, and the
information and documents required by the job, free from all kinds of defects,
in accordance with the requirements of the legal legislation, in a solid,
standard It accepts, declares and undertakes to perform the work in accordance
with the principles of accuracy and honesty, to maintain and increase the
service quality, to show the necessary care and attention during the performance
of the work, 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 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 that if the contract product price is not
paid for any reason and/or is canceled in the bank records, 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 for shipping.
9.8. The SELLER accepts, declares and undertakes to
notify the BUYER 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 delay of the delivery
period until the obstacle is removed. In case the order is canceled by the
BUYER, the product amount is paid to him in cash and in full within 14 days in
the payments made by the BUYER in cash. 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 to reflect the amount returned to the credit card by the SELLER 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,
phone 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 to submit a letter from the bank of the card
holder 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, in cash and in advance, upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning
to comply with the provisions of the legal regulations and not to violate them
when using the website of the SELLER. Otherwise, all legal and penal liabilities
that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER does not use the SELLER's website in any
way to disrupt public order, public morality. Against the law, in a way that
disturbs and harass others, for an unlawful purpose, in a way that infringes
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 who operates 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 liable for this
violation and will keep the SELLER free from the legal and penal consequences
of these violations. Moreover; 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
exercised 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, a
written notification must be given to the SELLER by registered mail, fax or
e-mail within 14 (fourteen) days and the product must not be 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 fault of the BUYER or if the return becomes impossible, the BUYER is
obliged to compensate the damages of the SELLER 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 period of the
right of withdrawal.
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 utilized 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 unsuitable for health and hygiene to be returned 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 in
accordance with 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.
In order for cosmetics and personal care products,
underwear products, swimwear, bikinis, books, reproducible software and
programs, DVD, VCD, CD and cassettes and stationery consumables (toner,
cartridge, tape, etc.) to be returned, their packages are unopened, untested,
intact. and unused need ale.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she
will pay interest within the framework of the credit card agreement between the
cardholder bank and the bank and be liable to 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 shall be made to the arbitral tribunal or consumer court in the place
of residence of the consumer or where the consumer transaction is made, within
the monetary limits specified in the law below. Information on the monetary
limit is below:
Effective from 28/05/2014:
a) To district consumer arbitration committees in
disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to
Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes
whose value is less than 3,000,00 (three thousand) TL,
c) In the 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. ENFORCEMENT
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:
