DISTANCE SALES CONTRACT
1. PARTIES
This contract has been signed between the following parties within the framework of the terms and conditions stated below.
A.'BUYER '; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER acknowledges in advance to be obliged to pay the price subject to order and shipment fee if exists, and additional charges such as taxes and to have been informed in advance on regarding this matter
2. DEFINITIONS
In the application and interpretation of this Contract, the following written terms shall describe the written statements written next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the product
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERING PARTY: A real or legal person who requests a good or service on 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, image and similar intangible goods prepared for use in 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 the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER
The prices listed and announced on the website are the sales price. The announced prices and commitments are valid until they are updated and modified. The prices announced to be temporary are valid until the end of the specified period.4. SELLER INFORMATION
Title
Address
Telephone
Fax
Email
5. BUYER INFORMATION
The person to be delivered
Delivery address
Telephone
Fax
Email / username
6. ORDERING PARTY INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECTED TO THE CONTRACT
1. The basic features (type, quantity, brand / model, color, number) of the good / product / product / service are published on the website of the SELLER. If the campaign is regulated by the seller, you can review the basic features of the product during the campaign. Valid until the date of the campaign.The prices listed and announced on the website are the sales price. The announced prices and commitments are valid until they are updated and modified. The prices announced to be temporary 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
Sub Total
(VAT included)
Shipment Price
Total:
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
Delivery date
Delivery method
7.4. The shipping price, which is the shipping cost of the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: The invoice will be delivered to the invoice address when the order is delivered.
9.1 GENERAL PROVISIONS
9.1 The BUYER accepts, declares and undertakes that he/she has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER, and gives the necessary confirmation in electronic environment. The BUYER, declares and undertakes to confirm the Preliminary Information in electronic form and 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 ordered products, the price including the tax of the products and the payment and delivery information correctly and completely.9.2 Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization assigned by the BUYER within the period indicated in the preliminary information section on the website, based on the distance of the BUYER's residence, provided that the period of 30 days isn't exceeded. The BUYER reserves the right to terminate the contract in case the product is not delivered to the BUYER within this period.9.3. The SELLER accepts, declares and undertakes to deliver the contractual product completely, in accordance with the specifications specified in the order, with warranty documents and manuals if any, to perform the work in accordance with the standards in accordance with the principles of honesty, to maintain and improve the service quality, to pay due attention and diligence during the performance of the work, to act with caution and foresight.9.4. The SELLER may supply a product having an equal quality and price with the explicit approval and information of the BUYER before the contractual performance obligation expires.9.5 The SELLER accepts, declares and undertakes that if the fulfillment of the service or product subject to the order becomes impossible, the consumer shall be notified in writing within 3 days from the date of being informed about this issue and shall return the total cost to the BUYER within a period of 14 days.
9.6 The BUYER agrees, declares and undertakes to confirm this contract form electronically for the delivery of the product subject to the contract and the SELLER shall terminate the obligation to deliver the product subject to the contract, if for any reason the total price of the contracted product is not paid and/or canceled in the bank records.9.7. After the delivery of the product in the Contract to the person and/ or to the organization located at the address indicated by the BUYER or to the BUYER, if the credit card of the BUYER is unfairly or unlawfully used by unauthorized persons in a manner not caused by the BUYER's fault and as a result of this the cost of the aforementioned product is not paid by the related bank or financial institution to the SELLER, the BUYER must return the product (s) of the contract to the SELLER within 3 days provided that the shipment cost shall be covered by the SELLER.9.8. The SELLER accepts, declares and undertakes to inform the BUYER about the situation if the product of the contract cannot be delivered in due time due to force majeure conditions such as existence of unforeseeable conditions preventing and/or causing a delay for the parties to fulfill their obligations. The BUYER shall have the right to request the cancellation of the order, the replacement of the contractual product with its precedent and/or the postponement of the delivery until the condition that prevents it is eliminated. In case of the cancellation of the order by the BUYER, the payments made by the BUYER in cash, the amount of the service is paid to the BUYER in cash and lump sum within 14 days. In the case of the payments made by the credit card of the BUYER, the amount of the product will be returned to the bank within 14 days of the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the process of the average period for the return of the amount returned to the credit card by the SELLER to the Buyer account by the bank can be 2-3 weeks and since depositing this amount to the accounts of the CONSUMER after this amount is returned the bank, is completely related to the bank process, the BUYER shall not hold the SELLER responsible for possible delays.9.9 SELLER has access to the address, email address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or subsequently updated by the BUYER via mail, e-mail, SMS, telephone conversation and other means of communication, marketing, notification and other purposes. The BUYER accepts and agrees that the SELLER may make the above mentioned communication activities for him/her.
9.10. The BUYER shall check and inspect the contractual goods/service before receiving it and shall not receive damaged/faulty goods with crushed, broken, torn packaging, etc. from the courier company. The delivered goods / services will be deemed undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.
9.11 If the customer who made the order and the credit card holder used during the order are not the same person or the product is identified with the credit card used in the order before the product is delivered to the BUYER, SELLER may ask the identity of the card holder and the contact details of the credit card holder, or to submit a letter from the cardholder's bank stating that the credit card belongs to BUYER. The order will be freed up to the time that the BUYER receives the information / documents requested by the customer, and if the demands are not received within 24 hours, the SELLER has the right to cancel the order.9.12 The BUYER declares and undertakes that he /she shall submit to the SELLER the personal and other information truthfully when he/ she registers to the SELLER's website, he/she will compensate all damages due to unfairness of this information by making use of all legal actions immediately upon the first notification of the SELLER immediately, in cash and at once.9.13 The BUYER agrees and undertakes to comply with the provisions of the legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations shall be fully and exclusively binding on the BUYER.9.14. The BUYER shall not use the web site of the SELLER in any way to infringe the public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent or make others use the services.9.15 The website of the SELLER may be linked to other websites and / or other content owned and / or operated by third parties under the SELLER's own control and / or otherwise. These links are provided to ease the orientation to the BUYER and do not support any web site or the person who operates the site and do not constitute any guarantee for the information contained in the Linked Website.9.16. The BUYER, who violates one or more of the articles mentioned in this contract shall be personally and criminally liable for the breach thereof and shall keep SELLER free from the legal and criminal consequences of such violations. Also; In the event that the case is referred to the court due to this violation, SELLER reserves the right to claim compensation for non-compliance with the membership contract against the member.
10. RIGHT TO WITHDRAWAL
10.1. BUYER may use his right of withdrawal from the distance contracts relating to the sale of the product within 14 (fourteen) days from the date of delivery to the Buyer or to the person/organization indicated by the BUYER without taking any legal and criminal responsibility and without giving any justification. In case of distance contracts related with service offerings, this period starts as of the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal may not be used in the service contracts that are executed with the approval of the consumer. The costs arising from the use of the right of withdrawal shall be covered by the SELLER. The BUYER accepts in advance to have been informed about the right of withdrawal by accepting this contract.10.2. In order to use the right of withdrawal, The SELLER shall be notified by registered mail, fax or e-mail within 14 (fourteen) days and the product should not have been used within the framework of the provisions of the "Products With No Right of Withdrawal" arranged with the scope of this contract. If this right is exercised,
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 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 price and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his/her fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal period.
f) In case of lowering the campaign limit amount issued by SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.
11.PRODUCTS THAT CANNOT BE USED TO WITHDRAWAL
If the package of the products prepared in line with the BUYER's request or explicitly personal needs and not suitable for return such as; underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration or that are likely to expire, products that are not suitable for health and hygiene to be returned if the package is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except for those provided under the subscription contract, services performed immediately in electronic environment or intangible goods delivered immediately to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, is opened by the BUYER, it is not possible to return it according to the Regulation.
In addition, before the expiry of the right of withdrawal, the right of withdrawal related to the services started with the approval of the consumer is also not possible under the regulation.
In order to return 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.) their packages must be unopened, untried, intact and unused.
12. DEFAULT AND LEGAL RESULTS
In case the BUYER defaults in the case of payment by credit card, the cardholder agrees, declares and undertakes that he / she will pay the interest within the framework of the credit card contract with the bank and be responsible to the bank. In this case, the Bank may apply for legal remedies; If the BUYER is in default due to the debt of the BUYER, the BUYER accepts, declares and undertakes that he / she shall pay the damages and loss to the SELLER due to the delayed performance of the debt, otherwise it shall commence all legal proceedings.
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:
The values for applications to be made to consumer arbitration committees for 2017, effective from 01/01/2017 are as follows:
a)In disputes under 2.400 (two thousand four hundred) Turkish Liras; to district consumer arbitration committees
b) In disputes between 2.400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras; to provincial consumer arbitration committees in provinces with metropolitan status,
c) In disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in metropolitan status, to provincial consumer arbitration committees
d) Provincial consumer arbitration committees have been assigned in 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 the provinces that do not have metropolitan status.
This Contract is signed for commercial purposes.14. ENFORCEMENT
The BUYER shall be deemed to have accepted all the terms of this contract when it has made the payment of the order given on the site. SELLER is obliged to make the necessary software arrangements in order to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.
SELLER:
BUYER:
DATE:
