Distance Sales Contract
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
‘BUYER’; (hereinafter referred to as “BUYER” in the agreement)
NAME-SURNAME:
ADDRESS:
‘SELLER’; (hereinafter referred to as “SELLER” in the agreement)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER accepts in advance that if the order subject to the agreement is approved, it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that it has been informed in this regard.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall refer to 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 (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods,
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,
ORDERER: A natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT : This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER’s website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
Email
5. BUYER INFORMATION
Delivery person
Delivery address
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO CONTRACT
1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Service are published on the SELLER’s website. If a campaign is organized by the Seller, you can examine the basic features 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 sales price. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period 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
Invoice 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
E-mail/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the contracted product and preliminary information regarding delivery on the SELLER’s website, has been informed and has made the necessary confirmation electronically. The BUYER accepts, declares and undertakes that he/she has correctly and completely obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information by confirming the Preliminary Information electronically.
9.2. Each product subject to the contract will be 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 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. SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, to perform the job in a sound manner, in accordance with the legal legislation requirements, free from any defects, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with caution and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. SELLER accepts, declares and undertakes that if it cannot fulfill its obligations subject to the contract in case the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date it learns 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 contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER’s obligation to deliver the contractual product will be terminated.
9.7. BUYER accepts, declares and undertakes that if the price of the contracted product is not paid to SELLER by the relevant bank or financial institution due to unauthorized use of BUYER’s credit card after the delivery of the contracted product to BUYER or the person and/or organization at the address indicated by BUYER, BUYER will return the contracted product to SELLER within 3 days with the shipping costs to be borne by SELLER.
9.8. If SELLER cannot deliver the contracted product within the specified time due to force majeure events such as unforeseen events that develop beyond the will of the parties and prevent and/or delay the fulfillment of the parties’ debts, BUYER accepts, declares and undertakes that it will notify BUYER of the situation. BUYER also has the right to request from SELLER that the order be canceled, the contracted product be replaced with a similar product, if any, and/or the delivery period be postponed until the preventing event is eliminated. In case of cancellation of the order by the BUYER, in cash payments made by the BUYER, the product amount shall be paid to the BUYER in cash and in a lump sum within 14 days. In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER’s account after its return to the bank is completely related to the bank transaction process, the BUYER shall not hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later. 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 shall inspect the goods/services subject to the contract before receiving them; it shall not accept goods/services with damaged and defective items such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be exercised, the goods/services shall not be used. The invoice shall be returned.
9.11. In the event that BUYER and the credit card holder used during the order are not the same person or a security breach is detected regarding the credit card used in the order before the product is delivered to BUYER, SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or 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 requested information/documents, and if the aforementioned requests 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 becoming a member of the SELLER’s website is true and that the SELLER will compensate immediately, in cash and in one go for all damages that the SELLER may suffer due to the untruthfulness of this information upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise will be completely and exclusively binding on the BUYER.
9.14. BUYER may not use the SELLER’s website in any way that disrupts public order, is against general morality, disturbs and harasses others, for a purpose against the law, or in a way that violates the material and moral rights of others. In addition, the member may not engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided 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 through the SELLER’s website. These links are provided for the purpose of facilitating navigation for 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 shall be personally and legally responsible for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; In the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer’s approval before the end of the right of withdrawal period. The 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/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notification is made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of “Products for which the Right of Withdrawal Cannot Be Used” set forth in this contract. In case of exercise of this right,
a) The invoice of the product delivered to the 3rd 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. Returns of orders whose invoices are issued in the name 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, together with their boxes, 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 notice of withdrawal and to receive the return of the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the 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 during the right of withdrawal period.
f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, products that are at risk of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the packaging is opened by the BUYER, as required by the Regulation. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer’s approval before the expiration of the right of withdrawal period, as required by the Regulation.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, intact and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults while making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
To be valid as of 28/05/2014:
a) In accordance with Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes with a value of less than 2,000.00 (two thousand) TL, applications are made to district consumer arbitration committees,
b) In disputes with a value of less than 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees,
c) In provinces with metropolitan status, in disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
BUYER is deemed to have accepted all the terms of this Agreement when he/she makes the payment for the order he/she placed on the Site. SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.
SELLER:
BUYER:
DATE: