Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below under the terms and conditions specified hereinafter.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the agreement)
B. ‘SELLER’; (hereinafter referred to as “SELLER” in the agreement)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that when approving the order subject to the contract, they will be responsible for paying the order amount and any additional charges such as cargo fees and taxes, and that they have been informed about this matter.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall mean the corresponding explanations 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: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods made or promised to be made for a fee or benefit,
SELLER: The company providing goods to the consumer within the scope of its commercial or professional activities, or acting on behalf or account of the one providing goods,
BUYER: The real or legal person acquiring, using or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The real or legal person requesting a good or service via the SELLER’s website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between SELLER and BUYER,
GOODS: The movable goods subject to the purchase and intangible goods such as software, audio, video prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties with regards to the sale and delivery of the product, the characteristics and sales price of which are specified below, electronically ordered by the BUYER through the SELLER’s website, pursuant to the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
Prices listed and announced on the site are sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited time are valid until the indicated period ends.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. PRODUCT(S)/SERVICE INFORMATION SUBJECT TO THE AGREEMENT
6.1. The basic features of the goods/products/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the seller organizes a campaign, you can review the basic features of the related product during the campaign period. It is valid until the campaign date.
6.2. Prices listed and announced on the site are sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited time are valid until the indicated period ends.
6.3. The total price including all taxes for the goods or service subject to the contract is shown below.
Product Description Qty Unit Price Subtotal
(Including VAT)
Cargo Fee
Total :
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost for product delivery shall be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: Invoice will be delivered to the invoice address together with the order at the time of order delivery.
8. - SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS RULES
The privacy rules, policies and terms specified below apply regarding the protection, confidentiality, processing-use, communications and other issues of information on the WEBSITE.
8.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the scope of the SELLER’s system infrastructure and according to the nature of the information and transaction by utilizing current technical possibilities. However, since the information is entered from the BUYER’s device, it is the BUYER’s responsibility to take necessary measures against viruses and similar harmful applications to protect such information and prevent access by unauthorized persons.
8.2. Besides permissions-approvals given by the BUYER regarding personal data and commercial electronic communications in other ways and additionally for verification; the information acquired about the BUYER during membership and shopping on the WEBSITE may be recorded by the SELLER, C for the provision of various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications by electronic and other commercial-social communications, indefinitely or for the periods foreseen with respect to the mentioned and their successors, can be stored in printed/magnetic archives, updated if necessary, shared, transferred, used and processed in other ways. These data may also be conveyed to the relevant Authorities and Courts when required by law. The BUYER consents and permits the use, sharing, processing within the above scope of his/her existing and new personal and non-personal information, and personal data in accordance with personal data protection and electronic commerce legislations, and agrees to receive commercial and non-commercial electronic communications and other communications.
8.3. The BUYER may stop the data usage-processing and/or communications anytime by reaching the SELLER via the specified communication channels or by lawful objections via the same channels or using the opt-out right given in electronic communications sent to him/her. According to the BUYER’s clear declaration, personal data processing and/or communications to the BUYER shall be stopped within the legally maximum period; and also, if desired, information other than those legally required to be preserved and/or possible will be deleted from the data record system or anonymized. The BUYER can always apply to the SELLER regarding the processing, transfer recipients, rectification of missing or incorrect data, notification of corrected data to third parties, deletion or destruction of data, objection to any negative outcome resulting from automatic analysis, compensation for damages due to unlawful processing, and can receive information. These applications and requests will be fulfilled within legal maximum periods or declined with legal justification explained to the party.
8.4. All intellectual and industrial property rights and ownership rights related to any information and content on the WEBSITE, their regulation, revision, and partial/complete use belong to the SELLER, except for those belonging to other third parties with whom the SELLER has an agreement.
8.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become valid as of the announcement by the SELLER on the WEBSITE or by other appropriate methods.
8.6. Privacy-security policies and usage terms of other websites accessed from the WEBSITE apply; the SELLER is not responsible for disputes or adverse consequences arising from them.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read and understood the basic qualities of the product subject to the contract, the sales price, payment method, and pre-delivery information on the SELLER’s website, and electronically confirmed it. Before the establishment of the distance sales contract, the BUYER also accepts, declares, and undertakes that they have accurately and completely obtained the address that the SELLER must provide, the basic features of the ordered products, prices including taxes, payment and delivery information.
9.2. Each product subject to the contract shall be delivered within the period specified on the pre-information section of the website, depending on the BUYER's place of residence but not exceeding 30 days, to the BUYER or the person/institution at the specified address. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product completely, in accordance with the specified qualities in the order, with warranty certificates if any, user manuals, necessary information, and documents required for the job, free of all defects, in compliance with legal regulations, standards, and principles of honesty and integrity; to maintain and improve service quality, to act with necessary care, precaution, and foresight during the performance of the work.
9.4. The SELLER can procure a different product of equal quality and price by informing the BUYER and obtaining clear approval before fulfilling the contractual obligation period expires.
9.5. The SELLER undertakes to notify the consumer in writing within 3 days from learning the impossibility of fulfilling the product or service ordered and to refund the total amount to the BUYER within 14 days if unable to fulfill obligations.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for product delivery, and that the SELLER's delivery obligation ends if the product price is not paid or payment is canceled for any reason in bank records.
9.7. The BUYER agrees to return the product to the SELLER within 3 days with the shipping cost borne by the SELLER if the product price is not paid to the SELLER by the bank or financial institution due to unauthorized use of the BUYER's credit card by third parties after delivery.
9.8. If the SELLER cannot deliver the product within time due to force majeure events beyond their control, they undertake to inform the BUYER. The BUYER can request cancellation, replacement by an equivalent product, or postponement of delivery until the obstacle is removed. In case of cancellation, cash payments are refunded within 14 days; credit card payments are refunded to the bank within 14 days after cancellation. The BUYER acknowledges possible delays in bank processing and waives liability for such delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notices, and other purposes through registered or updated contact details. By accepting this contract, the BUYER consents to such communications.
9.10. The BUYER will inspect the product/service before delivery and will not accept damaged or defective goods from the carrier. The accepted goods will be deemed in good and sound condition. The BUYER is responsible for the careful protection of the goods after delivery. If the right of withdrawal is used, the goods/services must not be used and the invoice must be returned.
9.11. If the credit card holder used at ordering is not the same as the BUYER or a security issue is detected before delivery, the SELLER may request proof of identity and credit card ownership documents. The order will be frozen until these are provided, and if not provided within 24 hours, the SELLER may cancel the order.
9.12. The BUYER declares that the personal and other information provided during registration on the SELLER’s website is accurate and undertakes to compensate immediately and fully for any damages the SELLER incurs due to inaccuracies upon first notification.
9.13. The BUYER undertakes to comply with all legal provisions when using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities will exclusively bind the BUYER.
9.14. The BUYER shall not use the website in a way that disrupts public order, violates general morality, harasses others, breaks laws, or infringes others' material or moral rights. Activities to prevent or hinder other members’ use (spam, virus, Trojan horses, etc.) are prohibited.
9.15. The SELLER’s website may provide links to websites or content controlled or owned by third parties. These links are for navigation convenience only and do not signify endorsement or guarantee of the linked content.
9.16. Members violating one or more clauses listed herein are personally and legally responsible and indemnify the SELLER from all legal and penal consequences. The SELLER reserves the right to claim damages for breach of membership agreement if legal proceedings are initiated.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract without any legal or penal liability and without giving any reason within 14 (fourteen) days from the delivery of the product to themselves or the person/institution at the address given, provided that the SELLER is informed. For service-related distance contracts, this period begins from the date of signing the contract. Withdrawal cannot be exercised for services started with consumer consent before the expiry of the withdrawal period. Costs arising from exercising the right of withdrawal belong to the SELLER. The BUYER accepts that they have been informed about their right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing within 14 (fourteen) days by registered mail, fax, or email, and the product must not have been used according to the "Products Not Eligible for Withdrawal" provisions of this agreement. In this case,
a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, the return invoice issued by the institution must be sent with it. Return orders with invoices issued in the name of institutions cannot be completed without a RETURN INVOICE.)
b) Return form,
c) The product to be returned must be delivered together with its box, packaging, and standard accessories completely and undamaged.
d) The SELLER is obliged to refund the total amount and the documents putting the BUYER under obligation within a maximum of 10 days from receiving the withdrawal notification and to collect the product within 20 days.
e) If the value of the product decreases or return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER accordingly. However, the BUYER is not responsible for changes and deteriorations due to proper use during the withdrawal period.
f) If the use of the right of withdrawal causes the campaign limit used during the transaction to fall below, the discount amount utilized in the campaign will be canceled.
11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products prepared at the request of the BUYER or explicitly according to personal needs and not suitable for return such as underwear bottom parts, swimwear bottoms, makeup products, disposable products, perishable goods or those likely to expire, products whose packaging has been opened by the BUYER and are inappropriate for health and hygiene, products mixed and inseparable with other products after delivery, newspapers and magazines except those under subscription contracts, instant services provided electronically or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, and stationery whose packaging has been opened by the BUYER cannot be returned according to the Regulation. Also, withdrawal rights cannot be exercised for services started with consumer consent before the withdrawal period ends.
Cosmetics, personal care products, underwear, 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, untested, and intact.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults when making payments by credit card, they accept, declare and undertake to pay interest to the card-issuing bank under the credit card agreement and be liable to the bank. The bank may take legal action, claim expenses and attorney fees from the BUYER. The BUYER also accepts to compensate the SELLER for losses and damages due to the delayed payment.
13. JURISDICTION
Disputes, complaints, and objections arising from this agreement shall be submitted to the consumer arbitration committee or consumer courts at the location of the consumer’s residence or where the consumer transaction was made, within the monetary limits specified by law.
14. EFFECTIVENESS
When the BUYER completes the payment for the order given through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obligated to make necessary software arrangements to obtain confirmation on the Site that the BUYER has read and accepted this agreement before completing the order.
SELLER: HALİT KUL
BUYER:
DATE: