Distance Sales Contract
1. PARTIES
This Agreement is signed between the parties below under the terms and conditions specified herein.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in the agreement)
NAME - SURNAME:
ADDRESS:
B. ‘SELLER’; (hereinafter referred to as "SELLER" in the agreement)
NAME - SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that upon approval of the order subject to this agreement, they will be obligated to pay the price of the order and, if any, shipping fees, taxes, and other specified additional charges, and hereby accepts that they have been informed about this in advance.
2. DEFINITIONS
For the implementation and interpretation of this agreement, the terms below shall represent the explanations written beside 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: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the supply of goods carried out or committed to be carried out for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the seller,
BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: The movable goods subject to the purchase and intangible goods such as software, sound, images, and similar prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER through the SELLER's website, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to receive the delivery
Delivery Address
Phone
Fax
Email/username
6. ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the seller, you can review 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 sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a certain period are valid until the end of the specified period.
7.3. The total sales price including all taxes of the goods or services subject to the agreement is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT) |
---|
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to Receive
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of product shipment, shall 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 together with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read, understood, and electronically confirmed the preliminary information about the product's basic features, sales price, payment method, and delivery information on the SELLER's website. The BUYER accepts that they have correctly and fully received the preliminary information, including the address that the SELLER must provide to the BUYER before the distance sales contract is concluded, the basic characteristics of the ordered products, the price including taxes, payment, and delivery information.
9.2. Each product subject to the contract shall 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 on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, with any warranty certificates and user manuals if any, and with the necessary information and documents required by the work, to perform the work in accordance with legal regulations free from any defects, in a reliable and honest manner, to maintain and improve the quality of service, to exercise necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the deadline of the performance obligation arising from the contract.
9.5. If it becomes impossible to fulfill the obligations related to the ordered product or service, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning the situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that by electronically confirming this agreement for the delivery of the product, if for any reason the price of the product is not paid and/or canceled in bank records, the SELLER's obligation to deliver the product ends.
9.7. If, after delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the credit card of the BUYER is unjustly used by unauthorized persons and the price is not paid to the SELLER by the related bank or financial institution, the BUYER accepts, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. The SELLER agrees, declares, and undertakes to notify the BUYER if, due to force majeure events outside the control of the parties that were unforeseeable and that prevent and/or delay the parties from fulfilling their obligations, the product subject to the contract cannot be delivered within the agreed period. The BUYER has the right to request cancellation of the order, replacement of the product with an equivalent one if available, and/or postponement of the delivery time until the impediment is removed. In case of cancellation by the BUYER, the product price paid in cash will be refunded in cash and in full within 14 days. For payments made by credit card, the amount will be refunded to the relevant bank within 14 days after cancellation by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of the refund reflecting in the BUYER’s account by the bank after the refund to the bank may take 2 to 3 weeks and that this delay is entirely related to the bank's processing time, and the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via the address, e-mail address, landline and mobile phone numbers, and other contact information provided by the BUYER during registration or subsequently updated. By accepting this agreement, the BUYER consents to such communication activities by the SELLER.
9.10. The BUYER shall inspect the product/service before acceptance and shall not accept products/services that are damaged, dented, broken, torn packaging, or defective from the courier company. Accepted products/services are deemed undamaged and intact. After delivery, the responsibility to carefully preserve the product/service lies with the BUYER. If the right of withdrawal is to be used, the product/service must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before delivery, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month’s credit card statement, or a letter from the cardholder’s bank confirming ownership of the credit card. The order will be suspended until the requested documents are provided, and if the 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 during membership registration on the SELLER's website is true and that they will compensate the SELLER immediately and in full for any damages arising from any inaccuracy once notified by the SELLER.
9.13. The BUYER agrees and undertakes to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities will bind the BUYER solely and exclusively.
9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, annoys or harasses others, or for illegal purposes, nor infringe upon others’ material and moral rights. The BUYER may not perform activities that prevent or complicate other members from using the services (spam, virus, trojan horse, etc.).
9.15. The SELLER’s website may contain links to other websites or content not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not imply endorsement of any website or its operator, nor do they guarantee the information contained in the linked website.
9.16. Members who violate one or more provisions listed in this agreement shall be personally liable criminally and legally for such violations and shall indemnify the SELLER against all legal and criminal consequences of these violations. Additionally, if the matter proceeds to the legal domain, the SELLER reserves the right to claim compensation from the member for breach of membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER, in case the distance contract concerns the sale of goods, may exercise the right of withdrawal by rejecting the goods without any legal or penal liability and without giving any reason within 14 (fourteen) days from the delivery date of the goods to themselves or the person/organization at the address they indicate, provided that they notify the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has started with the consumer’s consent before the withdrawal period ends. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is mandatory to notify the SELLER in writing by registered mail with return receipt, fax, or email within 14 (fourteen) days and for the product to be unused within the scope of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions arranged in this agreement. In case this right is exercised,
a) The invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is issued in a corporate name, it must be sent together with the return invoice issued by the corporation during the return. Returns of orders invoiced to institutions will not be completed unless a RETURN INVOICE is issued),
b) Return form,
c) The products to be returned must be delivered completely and undamaged along with their boxes, packaging, and, if any, standard accessories,
d) The SELLER is obliged to refund the total amount and documents binding the BUYER financially to the BUYER within at most 10 days from receiving the withdrawal notice and to take back the goods within 20 days,
e) If there is a decrease in the value of the goods due to a fault of the BUYER or the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes or deterioration resulting from proper use of the goods within the withdrawal period,
f) If exercising the right of withdrawal causes the campaign limit amount arranged by the SELLER to fall below the threshold, the discount amount utilized within the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared at the request or according to the explicit personal needs of the BUYER and which cannot be returned, such as underwear bottoms, swimwear bottoms, cosmetics, disposable products, goods with the risk of quick spoilage or with expiry dates that may pass, products that are not appropriate to be returned for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products mixed with others after delivery or those that cannot be separated by their nature, goods related to newspapers and magazines except those provided under subscription contracts, services performed instantly in electronic environments or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables whose packaging is opened by the BUYER cannot be returned according to the Regulation. Also, the right of withdrawal cannot be used for services that have started with the consumer’s approval before the withdrawal period ends.
Cosmetic and personal care products, underwear products, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging is unopened, unused, not damaged, and not tried.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in payment transactions made by credit card, they accept, declare, and undertake that they will pay interest within the credit card agreement with the card-issuing bank and be responsible towards the bank. In this case, the relevant bank may initiate legal proceedings, claim costs and attorney fees from the BUYER, and under all circumstances, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any loss or damage caused by the delayed payment.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court at the consumer’s place of residence or where the consumer transaction took place, within the monetary limits specified in the law below:
Effective from 28/05/2014:
a) Disputes with a value under 2,000.00 (two thousand) TRY according to Article 68 of Law No. 6502 on Consumer Protection shall be applied to district consumer arbitration committees,
b) Disputes with a value under 3,000.00 (three thousand) TRY shall be applied to provincial consumer arbitration committees,
c) In provinces with metropolitan municipality status, disputes valued between 2,000.00 TRY and 3,000.00 TRY shall be applied to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
The BUYER is deemed to have accepted all terms of this agreement upon making payment for the order placed via the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this agreement on the site before the order is completed.
SELLER:
BUYER:
DATE: