Distance Sales Agreement
DISTANCE SALES AGREEMENT
This Agreement has been signed by the following parties in accordance with the following terms and conditions.
A.‘RECEIVER’; (hereinafter referred to as “BUYER”)
B.’SELLER’ ; (hereinafter referred to as “SELLER”)
By accepting this agreement, if the BUYER approves the order subject to the contract, the buyer agrees in advance that he will be under the obligation to pay the mentioned fee and the additional fees such as cargo fee and tax, if any, and that he is informed about it.
In the application and interpretation of this agreement, the following terms shall refer to the written explanations against them.
MINISTER: The Minister 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 transaction other than providing goods for a fee or interest.
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 the 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 ORDER: 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, audio, video and similar intangible goods prepared for use in electronic environment.
This Agreement 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 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
5. BUYER INFORMATION
Person to deliver
Email / username
6. ORDER PERSON INFORMATION
Name / Surname / Title
Email / username
7. PRODUCT / PRODUCT INFORMATION
1. The main 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 on 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.
Product Description Quantity Unit Price Search Total
Payment Method and Plan
Person to deliver
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
Name / Surname / Title
Email / username
Invoice delivery: Invoice order along with order to invoice address during delivery
It will be delivered.
9. GENERAL PROVISIONS
9.1. The PURCHASER accepts, declares and undertakes that the seller has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the SELLER website and that he has the necessary confirmation in electronic medium. The receiver; Confirmation of the preliminary information electronically, prior to the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information is also accepted and accepted.
9.2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the PURCHASER or the PURCHASER within the period specified in the preliminary information section of the website, depending on the distance of the PURCHASER’s location, provided that it does not exceed the 30-day legal period. In the event that the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER, the product subject to the contract in full, in accordance with the qualifications specified in the order and warranty documents, user manuals, information and documents required by the job to deliver, free from any defects in accordance with the requirements of legal regulations, in accordance with the standards of business accuracy and honesty to protect, raise and maintain the quality of service, to show the necessary attention and care during the execution of the work, to act with prudence and foresight, accept and declare.
9.4. The SELLER may supply a different product of equal quality and price by informing the PURCHASER before the expiry of the performance obligation arising from the contract and obtaining its explicit approval.
9.5. SELLER, if the fulfillment of the product or service subject to the order becomes impossible to fulfill its obligations under the contract, this situation, within 3 days from the date of learning will notify the consumer in writing, within 14 days of the total price to the buyer accepts, declares and undertakes.
9.6. The PURCHASER agrees, declares and undertakes that the Seller shall endorse the contractual obligation to deliver the product subject to the contract in case the product subject to the contract is not paid and / or canceled in the bank records for any reason.
9.7. PURCHASER, if the product of the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use of the credit card belonging to the PURCHASER after the delivery of the product subject to the Contract to the person and / or organization at the address indicated by the PURCHASER or the PURCHASER, The seller accepts, declares and undertakes to refund the shipping expenses to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes that if the seller fails to deliver the product subject to the contract within the period due to force majeure conditions, such as the occurrence of unforeseen circumstances that prevent the parties from fulfilling their debts and / or delaying situations, which develop outside the will of the parties. The BUYER shall have the right to demand the cancellation of the order, replacement of the contracted product, if any, and / or postponement of the delivery period until the elimination of the prohibitive situation. In the event that the order is canceled by the BUYER, the amount of the product shall be paid to the BUYER in cash and in advance in 14 days for the payments made by the BUYER in cash. For 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 to reflect the amount returned to the SELLER’s credit card by the bank to the BUYER account, since the refund of this amount to the BUYER’s accounts after the return to the bank is entirely related to the bank transaction process. accept, declare and undertake that it cannot hold responsible.
9.9. SELLER, address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER on the registration form or subsequently updated by the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities against him.
9:10. The BUYER shall inspect the goods / services subject to the contract before receiving them; dents, broken, package torn etc. damaged and defective goods / services will not receive delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to protect the goods / services 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. If the BUYER and the credit card holder used at the time of the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before delivery of the product to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder to the previous month. or the holder of the card may request the PURCHASER to submit the letter stating that the credit card belongs to him. The order will be frozen until the BUYER obtains the information / documents subject to the request.
9:12. The PURCHASER declares and undertakes that the personal and other information provided by the SELLER while registering to the website of the SELLER is fair and that the SELLER shall indemnify all damages to be incurred due to the unfairness of the SELLER upon the first notification of the SELLER.
9:13. The PURCHASER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.
9:14. The PURCHASER may not use the SELLER’s website in any way disrupting public order, contrary to general morality, disturbing or harassing others, for a purpose contrary to law, in a way that may violate the material and moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9:15. Links to other web sites 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 provided on the website of the SELLER. These links are provided to the BUYER for ease of referral and do not support any website or the person operating the site and the Link does not constitute a guarantee for the information contained in the website.
9:16. Any member violating one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and penal consequences of such violations. Also; SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement if the event is transferred to the legal area due to this violation.
10. RIGHT TO CANCELLATION
10.1. RECEIVER; In case the distant agreement is related to the sale of goods, the product itself or to the person / organization at the address shown within 14 (fourteen) days, provided that the SELLER to notify the SELLER without any legal and criminal responsibility and without giving any reason to use the right to withdraw from the contract. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used in service contracts that have been initiated before the end of the right of withdrawal period, with the approval of the consumer. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he is informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the seller shall be notified in writing by registered mail, fax or e-mail to the SELLER within 14 (fourteen) days and that the product shall not be used in accordance with the provisions of the ler Products that cannot be used Cay. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or to 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. The invoices issued on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with the box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notification to the BUYER and to receive the return within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s defect or if the refund becomes impossible, the BUYER shall be liable to compensate the losses of the SELLER at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product during the right of withdrawal.
f) If the campaign limit amount is decreased by the SELLER due to the use of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.
11. PRODUCTS NOT AVAILABLE
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 for health and hygiene to be returned if the package is opened by the PURCHASER 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 consumer, and audio or video recordings, books, digital content, software programs, data storage and storage devices, computer consumables, packaging cannot be returned by the PURCHASER in accordance with the Regulation. Furthermore, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal for services rendered with the approval of the consumer.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) can be returned unpacked, untested, unspoiled and must not be used.
12. STATUTORY AND LEGAL RESULTS
If the PURCHASER defaults in case of payment by credit card, the PURCHASER accepts, declares and undertakes that he 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 legal remedies; and in case the BUYER is in default due to the debt, the BUYER accepts, declares and undertakes that the SELLER will pay the loss and loss due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this agreement shall be filed with the arbitral tribunal or consumer court where the consumer settlements or the consumer transactions are located within the monetary limits specified in the following law. Information on the monetary limit is as follows:
The value for applications to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes below 2.400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the cities with metropolitan status,
c) Provincial consumer arbitration committees in the disputes below 3.610 (three thousand six hundred ten) Turkish Liras in the centers of the cities which are not metropolitan status,
ç) Provincial consumer arbitration committees have been charged with the disputes between 2.400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts of provinces that are not metropolitan.
This Agreement is for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements before the realization of the order in order to receive confirmation that this agreement has been read and accepted by the BUYER.