Distance Sales Agreement
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
‘BUYER’; (hereinafter referred to as “BUYER”)
NAME-SURNAME:
ADDRESS:
‘SELLER’; (hereinafter referred to as “SELLER” in the Agreement)
NAME-SURNAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed of this obligation.
2. DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall refer to the written explanations they contain.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised 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 of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The SELLER's website,
ORDERER: A natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT This agreement between the SELLER and the BUYER.
GOODS: This agreement refers to the movable goods and software, audio, video, and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This agreement governs the rights and obligations of the parties, in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications 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 website are the sales prices. The advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. PRODUCT/PRODUCT INFORMATION SUBJECT TO THE CONTRACT
1. The basic features (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. They are valid until the campaign date.
7.2. The prices listed and announced on the website are the sales prices. The advertised prices and promises are valid until updated or changed. Prices announced temporarily 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 Schedule
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on the SELLER's website, and to have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that, by electronically confirming the Preliminary Information, they have also obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all accurate and complete.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's residence, and not exceeding 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 undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order, with warranty documents, user manuals, and necessary information and documents, free from any defects, in accordance with the requirements of legal regulations, in a sound manner and in accordance with the standards, in accordance with honesty and integrity.
The SELLER agrees, declares, and undertakes to perform the work in accordance with its principles, to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and 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 their express consent before the expiration of the contractual performance obligation.
9.5. If the SELLER is unable to fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it agrees, declares, and undertakes to notify the consumer in writing within 3 days of learning of this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes to electronically confirm this Agreement for the delivery of the contractual product. If the price of the contractual product is not paid and/or is cancelled in bank records for any reason, the SELLER's obligation to deliver the contractual product will terminate.
9.7. BUYER acknowledges, 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 product is delivered to BUYER or to the person and/or organization specified by BUYER, BUYER will return the contracted product to SELLER within 3 days, with shipping costs borne by SELLER.
9.8. If SELLER is unable to deliver the contracted product within the specified time due to force majeure events beyond the parties' control, such as unforeseen circumstances that prevent and/or delay the fulfillment of the parties' obligations, SELLER acknowledges, declares, and undertakes to notify BUYER. BUYER also reserves the right to request from SELLER that the order be canceled, the contracted product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing circumstances are resolved. If the BUYER cancels an order, the product price will be paid to the BUYER in cash within 14 days. For payments made by credit card, the product price will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. The BUYER acknowledges, represents, and undertakes that the average time it takes for the bank to reflect the amount refunded to the SELLER's credit card into the BUYER's account may be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after the refund to the bank is entirely dependent on the bank's processing process, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone calls, and other means, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER on the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the goods/services subject to this agreement before receiving them; they will not accept damaged or defective goods/services (such as those with dents, breaks, torn packaging, etc.) from the courier company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must 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 breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the credit card holder's identification and contact information, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card is theirs. The order will be frozen until the BUYER provides the requested information/documents. If the requested requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate and that it will immediately, in cash, and in one lump sum, compensate the SELLER for any losses incurred by the SELLER due to any inaccuracies in this information upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes to comply with and not violate all legal regulations while using the SELLER's website. Otherwise, all legal and criminal liabilities arising will be fully and exclusively binding on the BUYER.
9.14. The BUYER agrees to not use the SELLER's website in any way that disrupts public order, violates morality, or disturbs or harasses others.
In the province, the Member may not use the Website for any unlawful purpose or in a way that violates the material or moral rights of others. Furthermore, the Member may not engage in any activity that prevents or obstructs others' use of the Services (spam, viruses, Trojan horses, etc.).
9.15. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the BUYER's convenience and do not endorse any website or its operator, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any Member who violates one or more of the provisions listed in this Agreement shall be personally and criminally liable for such violation and shall hold the SELLER harmless from any legal and criminal consequences of such violations. In addition; If the incident is brought to legal proceedings due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates 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 the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without providing any justification, provided that the BUYER notifies the SELLER. In distance contracts related to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's consent before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal are the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed of their right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal Cannot Be Used" provisions of this contract. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders with invoices issued for institutions will not be completed unless a RETURN INVOICE is issued.)
b) The return form
c) The products to be returned must be returned complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total price and any documents binding the BUYER's obligation to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.
e) If the value of the goods decreases due to the BUYER's fault, or if return becomes impossible, the BUYER is obligated to compensate the SELLER for losses to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount offered under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, returns of underwear, swimsuits and bikini bottoms, makeup, disposable products, products that are prepared at the BUYER's request or clearly for their personal needs and are not suitable for return, products that are at risk of rapid deterioration or expiration, products that are unsuitable for return due to health and hygiene reasons if the BUYER opens the packaging after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under subscription agreements, services performed instantly electronically or intangible goods delivered to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables cannot be returned if the packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, it is not possible to exercise the right of withdrawal for services that began with the consumer's consent before the expiration of the right of withdrawal period.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.), their packaging must be unopened, untested, undamaged, and unused.
12. DEFAULT AND LEGAL REGULATIONS
CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER defaults, they will pay interest and be liable to the bank in accordance with the credit card agreement between them and the cardholder bank. In such a case, the relevant bank may take legal action and claim any costs and attorney fees from the BUYER. Under all circumstances, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER any losses and damages incurred by the SELLER due to the delayed payment of the debt.
13. AUTHORIZED COURT
Complaints and objections arising from disputes arising from this agreement shall be submitted to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limit is provided below:
Effective May 28, 2014:
a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, disputes valued under 2,000.00 (two thousand) TL shall be referred to district consumer arbitration committees.
b) Disputes valued under 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees.
c) In provinces with metropolitan status, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
By completing payment for an order placed through the Site, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is obligated to make the necessary software adjustments to ensure that the BUYER has read and accepted this agreement on the website before the order is placed.
SELLER:
BUYER:
DATE: