Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties listed below under the following terms and conditions.
A.‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B.‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that, if they approve the order, they will be under the obligation to pay the order price and any additional fees such as shipping, taxes, if applicable, and that they have been informed in this regard.
2. DEFINITIONS
The terms listed below shall have the following meanings for the purpose of the implementation and interpretation of this agreement.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the provision of goods, performed in exchange for a fee or benefit, or promised to be performed,
SELLER: The company offering goods to consumers or acting on behalf of or for the benefit of the entity providing the goods within the scope of their commercial or professional activities,
BUYER: Any natural or legal person acquiring, using, or benefiting from goods or services for purposes that are not commercial or professional,
SITE: The internet site owned by the SELLER,
ORDERER: The natural or legal person requesting goods or services through the SELLER's internet site,
PARTIES: Refers to the SELLER and BUYER,
AGREEMENT: This contract signed between the SELLER and BUYER,
GOODS: Refers to movable property subject to shopping, as well as intangible goods such as software, audio, video, and other similar goods prepared for use in electronic form.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product ordered by the BUYER electronically through the SELLER's website, with the qualifications and sales price stated below, under the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The listed and advertised prices are the selling prices. The announced prices and promises are valid until updated or changed. Prices announced for a specified period are valid until the end of the specified period.
4. SELLER INFORMATION
Name
Address
Phone
Fax
Email
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. ORDERER INFORMATION
Full Name/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ON THE PRODUCT/SERVICE SUBJECT TO THE CONTRACT
1. The basic features of the goods/products/services (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. You can review the basic features of the related product during the campaign period if a campaign is organized by the seller. It is valid until the campaign end date.
7.2. The listed and advertised prices are the selling prices. The announced prices and promises are valid until updated or changed. Prices announced for a specified period are valid until the end of the specified period.
7.3. The total selling price of the goods or services, including all taxes, is shown below.
Product Description Quantity / Unit Price / Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost for the product shipment will be paid by the BUYER.
8. INVOICE INFORMATION
Full Name/Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.
9. GENERAL TERMS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the basic characteristics of the product, sales price, payment method, and delivery on the SELLER’s website and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that they have accurately and completely obtained the address that should be provided by the SELLER to the BUYER before the distance sales contract is established, the basic features of the products ordered, the prices including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified within the period indicated in the preliminary information 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. The SELLER undertakes, declares, and guarantees to deliver the product subject to the contract complete, in accordance with the specifications stated in the order, and if any, with the warranty documents, user manuals, and necessary information and documents. The SELLER also undertakes to perform the work in accordance with the requirements of the legal legislation, free from any defects, and to maintain and enhance service quality, exercise necessary care and diligence during the performance of the work, and act with caution and foresight.
9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER before the expiration of the performance obligation arising from the contract and obtaining their explicit approval.
9.5. If the fulfillment of the contractual obligations becomes impossible regarding the product or service ordered, the SELLER undertakes, declares, and guarantees that they will notify the consumer in writing within 3 days from the date they learn of this situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if for any reason the payment for the product is not made and/or is canceled in the bank records, the SELLER's obligation to deliver the product will cease.
9.7. If, after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, the credit card belonging to the BUYER is unfairly used by unauthorized persons resulting in the payment not being made to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes that they will return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure events that occur outside the will of the parties, are unforeseen, and prevent or delay the fulfillment of the obligations of the parties, they undertake to notify the BUYER. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with a similar one if available, and/or the postponement of the delivery period until the hindrance is resolved. If the order is canceled by the BUYER, the amounts paid in cash will be refunded to the BUYER within 14 days, and for payments made by credit card, the product amount will be refunded to the relevant bank within 14 days following the cancellation of the order by the BUYER. The BUYER acknowledges that the average process for the amount refunded to the credit card by the SELLER may take 2 to 3 weeks, and since the reflection of this amount on the BUYER's accounts after it is returned to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to communicate with the BUYER through letter, email, SMS, phone calls, and other means using the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the site registration form or later updated by themselves for communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may carry out the above-mentioned communication activities.
9.10. The BUYER will inspect the product/service before receiving it; they will not accept damaged or defective goods/services, such as those with dents, breaks, or torn packaging, from the shipping company. It will be assumed that the received goods/services are undamaged and intact. The obligation to carefully protect the goods/services after delivery lies with the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER or if a security breach regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request that the BUYER provide the identity and contact information of the credit card holder, a statement from the bank confirming that the credit card belongs to the holder, or the credit card statement from the previous month. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not fulfilled 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 during the membership registration on the SELLER's website is accurate, and that they will immediately indemnify the SELLER for all damages that may arise due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER acknowledges and undertakes from the outset to comply with the provisions of the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that arise will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, is for illegal purposes, or infringes on the material and spiritual rights of others. In addition, the member may not engage in activities that prevent or hinder other members from using services (spam, virus, Trojan horse, etc.).
9.15. Links may be provided from the SELLER’s website to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site and do not provide any guarantee regarding the information contained on the linked website.
9.16. Members who violate one or more of the provisions listed in this contract shall be personally liable for any criminal and legal consequences arising from this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, in the event that the incident is brought to the legal domain due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is for the sale of goods, the BUYER may withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they indicated, without assuming any legal or criminal responsibility and without providing any justification, by notifying the SELLER. In the case of distance contracts for service provision, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has commenced with the consumer's approval before the withdrawal period has expired. The costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, Tabii, metni HTML etiketlerini bozmadan İngilizceye çevirebilirim. İşte çeviri: ```html
a) The invoice for the product delivered to the 3rd party or the BUYER,
(The invoice of the product intended to be returned must be sent along with the return invoice issued by the institution if the invoice is corporate. Returns of orders invoiced on behalf of 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, along with their box, packaging, and any standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt within a maximum of 10 days from the date the withdrawal notice reaches them, and to accept the return of the goods within 20 days.
e) If there is a depreciation 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 for their losses to the extent of their fault. However, the BUYER is not responsible for changes and damages that occur due to the proper use of the goods or products during the withdrawal period.
f) If the campaign limit amount set by the SELLER is reduced due to the use of the withdrawal right, the discount amount benefited from within the campaign will be canceled.
11. PRODUCTS FOR WHICH WITHDRAWAL RIGHT CANNOT BE USED
Products prepared according to the request of the BUYER or clearly tailored to personal needs, non-returnable inner wear pieces, swimsuits and bikini bottoms, cosmetics, single-use products, products that are prone to rapid spoilage or have a risk of expiration after delivery, products whose packaging has been opened by the BUYER, products that are not hygienically suitable for return, products that mix with other products after delivery and cannot be separated by their nature, as well as goods related to periodicals such as newspapers and magazines, services performed instantly in the electronic environment or intangible goods delivered immediately to the consumer, and recordings of audio or video, books, copyable software and programs, data storage devices, and computer consumables cannot be returned if the packaging has been opened by the BUYER. Additionally, the withdrawal right cannot be used for services that started to be performed with the consent of the consumer before the withdrawal period expires as per the Regulation.
Cosmetics and personal care products, inner wear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toners, cartridges, ribbons, etc.) must be unopened, unused, undamaged, and not tried to be eligible for return.
12. DEFAULT SITUATION AND LEGAL CONSEQUENCES
If the BUYER defaults in case of payment transactions made by credit card, they accept, declare, and undertake that they will pay interest to the bank as per the credit card agreement and will be responsible to the bank. In this case, the relevant bank may resort to legal means; it may demand the incurred costs and attorney fees from the BUYER and, in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed fulfillment of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court at the place where the consumer's residence is located or at the place where the consumer transaction is made, within the monetary limits specified in the following law. The information regarding the monetary limit is as follows:
As of 01/01/2017, the value for applications to consumer arbitration boards for the year 2017 is:
a) In disputes under 2,400 (two thousand four hundred) Turkish Liras, district consumer arbitration boards,
b) In metropolitan areas, in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration boards,
c) In centers of non-metropolitan areas, in disputes under 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration boards,
ç) In districts of non-metropolitan areas, in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, district consumer arbitration boards are authorized.
This Contract is made for commercial purposes.
14. EFFECTIVE DATE
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the contract has been read and accepted by the BUYER prior to the execution of the order.