DISTANCE SALES CONTRACT
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: 27.11.207/29188)
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 non-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
Phone
Fax
5. BUYER INFORMATION
Delivery person
Delivery address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
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. The prices announced periodically 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 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 product subject to the contract 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 the 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 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 legal regulations.
SELLER accepts, declares and undertakes to perform the job in accordance with the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary care and attention during the performance of the job, and 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 7 days.
9.6. The BUYER accepts, declares and undertakes that it 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 canceled in bank records for any reason, the SELLER's obligation to deliver the contractual product will end.
9.7. The BUYER accepts, declares and undertakes that if the contractual product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs of which will be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER of the situation if it cannot deliver the contractual product within the specified period due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their debts. The BUYER also has the right to request from the 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 impeding situation is eliminated. In the event that the order is canceled by the BUYER, the product amount shall be paid to the BUYER in cash and in a lump sum within 7 days for payments made by the BUYER in cash. In the case of payments made by the BUYER by 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 accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach 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 phone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the communication activities specified above towards him/her by accepting this contract.
9.10. BUYER will inspect the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received will 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 used, the goods/services should not be used. The invoice should 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 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 all damages that the SELLER may suffer due to the untruthfulness of this information immediately, in cash and in one go 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. The BUYER shall not expose the SELLER's website to the public in any way.
cannot use the website in a disruptive, immoral, disturbing and harassing way, for an illegal purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or complicate the use of the services by others (spam, virus, trojan horse, etc.).
9.15. Links can 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 is personally responsible for this violation in penal and legal terms and will hold the SELLER harmless from the legal and penal consequences of these violations. In addition; If the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER defaults while making payment transactions with a 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; it may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that it 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 agreement 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 was 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 Consumer Protection, in disputes with a value below 2,000.00 (two thousand) TL, applications are made to district consumer arbitration committees,
b) In disputes with a value below 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: