Distance Sales Agreement
DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been signed by the following parties in accordance with the following terms and conditions.
A. 'BUYER'; (hereinafter referred to as "BUYER")
NAME SURNAME:
ADDRESS:
B. 'SELLER' ; (hereinafter referred to as "SELLER")
NAME SURNAME:
ADDRESS:
By accepting this agreement, if the BUYER approves the order subject to the contract, the buyer accepts in advance that he/she will be under the obligation to pay the mentioned subject fees and any additional fees such as cargo fee and tax.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall refer to the written explanations against them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transactions other than providing goods for a fee or interest or for which they are committed to be carried out,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of goods offering,
BUYER: A natural or legal person who acquires, uses, or benefits from a product or service for commercial or non-professional purposes,
SITE: Website of the SELLER,
ORDERING CUSTOMER: A natural or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement, concluded between the SELLER and the BUYER,
GOODS: 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 Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product specified below and the purchase price of which the BUYER has ordered electronically via 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 the update is made and changed. The prices announced on time are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
Email
5. BUYER INFORMATION
Person to Deliver
Delivery Address
Telephone
Fax
Email / Username
6. ORDERING CUSTOMER INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / Username
7. INFORMATION ON CONTRACT PRODUCT / PRODUCTS
1. The basic characteristics (type, quantity, brand / model, color, number) of the good / product / product / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can review the basic features of the 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 the update is made and changed. The prices announced for a peirod of time are valid until the end of the specified period.
7.3. The sales price of the contracted goods or services, including all taxes, is shown below.
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Product Description |
Piece |
Unit price |
Subtotal |
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Shipping Cost |
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Total: |
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Payment Method and Plan
Delivery Address
Person to Deliver
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
8 . BILLING INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: Invoice will be delivered during the delivery to the shipping adress.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that he /she has read the preliminary information about the basic characteristics, sales price and payment method and delivery information of the subject product on the website of the SELLER and that he/she has the necessary confirmation in the electronic environment. By confirming the preliminary information electronically, the BUYER, confirms, before the establishment of the distance sales contract, he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment, and delivery information was given by the SELLER.
9.2. Each product subject to the contract shall be delivered to the person and/or organization at the address indicated by the BUYER within the 30-day legal period. Depending on the distance of BUYER’s location specified in the preliminary information section of the website, The SELLER is responsible for delivering the product subject to the contract, to BUYER or BUYER’s address within the time period mentioned in the contract. If the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares and undertakes to deliver the contractual product in full, in accordance with the specifications specified in the order, and with the information and documents required for the job, including warranty documents, user manuals; to perform the business in accordance with the standards and in accordance with the principles of honesty and integrity, free from all kinds of defects; to maintain and increase the service quality, showing the necessary attention and care 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 obtaining its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares, and undertakes, and will notify the BUYER in writing within 3 days from the date of learning the situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual 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. BUYER, if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER 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. BUYER accepts, declares, and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes that it will notify the BUYER if SELLER cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent and/or delay the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, and/or to postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid in cash and in a lump sum within 14 days. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares, and undertakes that SELLER cannot be held responsible.
9.9 SELLER has the right to reach the BUYER via the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site. The SELLER may contact the BUYER from the address updated by him/her by letter, e-mail, SMS, phone call, and other means of communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER will inspect the contractual goods/service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods/services from the courier The delivered goods/services will be deemed to be undamaged and intact. The obligation to protect the goods/services carefully after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods/services should not be used. Invoice must be returned.
9.11 In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER can request the identity and contact information of the credit card holder of the credit card used in the order or SELLER can request from the BUYER to get a letter from the bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, 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 given while signing up to the website of the SELLER is in accordance with the truth and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of such information, immediately, in cash and once 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 website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, the member cannot be involved in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for other members to use the services.
9.15. On the website of the SELLER, links may be given 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. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the 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 criminal 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 for non-compliance with the membership agreement against the member.
10. RIGHT OF WITHDRAWAL
10.1. In distance contracts for service provision, this period starts from the date the contract is signed. Before the right of withdrawal expires, the right of withdrawal cannot be exercised in service contracts whose service is initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, written notification must be made 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 "Products for which the Right of Withdrawal cannot be exercised" set forth 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 institutions will not be completed unless the 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 amount and the documents that put the BUYER under debt to the BUYER within 10 days 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 liable to compensate the damages of the SELLER at the rate of her fault. However, the BUYER is not responsible for the changes and deteriorations caused by the proper use of the product or product within the right of the withdrawal period.
f) If the cost of the product falls below the campaign limit set by the SELLER due to the use of the right of withdrawal, the discount used due to the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED
Underwear, underwear, swimwear and bikini bottoms, make-up items, disposable products, goods which are prepared in accordance with the BUYER's request or clearly personal needs and which are not suitable to be returned back, goods that are in danger of rapid deterioration or the possibility of passing expiration date are delivered to the BUYER. products that are unsuitable in terms of health and hygiene to be returned if the package is opened by the BUYER after being delivered, products which are mixed with other products after delivery and which are not possible to be separated by their nature, Goods related to periodical publications such as newspapers and magazines, services or intangible goods delivered to the BUYER, as well as audio or video recordings, books, digital content, software programs, data storage and storage devices, computer consumables, packaging. If it is opened by the BUYER, it is not possible to return it as per the Regulation. Furthermore, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal for the services started with the approval of the consumer.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) can be returned unpacked, untested, unspoiled and they must be intact and unused.
12. DEFAULT AND LEGAL RESULTS
If the BUYER defaults in the case of payment by credit card, the BUYER accepts, declares and undertakes that he/she will pay interest under the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; and the BUYER agrees that the BUYER will pay the loss and loss incurred due to the delayed performance of the debt to the SELLER.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. 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 in accordance with Article 68 of the Law on the Protection of Consumers No 6502,
b) To provincial consumer arbitration committees in disputes with a value below 3.000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes 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 prior to the realization of the order.
SELLER:
BUYER:
DATE: