Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below under the terms and conditions specified 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 agreement, the BUYER agrees in advance that if they approve the order subject to the contract, they will be obliged to pay the cost of the order and, if any, additional fees such as shipping costs and taxes, and that they have been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods, made or promised to be made 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 goods provider,
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 belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to trade and intangible goods such as software, audio, video and similar materials prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose qualities and sales price are specified below, and which the BUYER ordered electronically through the SELLER's website.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a period are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT
6.1. The main features of the goods / products / services (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the seller has organized a campaign, you can examine the main features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a period are valid until the end of the specified period.
6.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery date
Delivery method
6.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.
8. - RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
On the WEBSITE, the privacy rules-policy and terms, the current principles of which are stated below, are valid for the protection, privacy, processing-use of information and communications and other matters.
8.1. The necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken by the SELLER within the system infrastructure, in accordance with the nature of the information and transaction, to the extent of current technical capabilities. However, since such information is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those related to viruses and similar harmful applications, to protect them and prevent unauthorized access by irrelevant persons.
8.2. In addition to and confirming the BUYER's permissions-approvals for personal data and commercial electronic communications provided otherwise; the SELLER may record, store in printed/magnetic archives, update when deemed necessary, share, transfer, use and otherwise process the information obtained during the BUYER's membership and purchases on the WEBSITE, for the purpose of providing various products/services and for all kinds of informing, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, for an indefinite period or for the period they foresee, within the SELLER and its successors. This data may also be transmitted to the relevant authorities and courts in cases required by law. The BUYER has consented and authorized the use, sharing, processing of their existing and new personal and non-personal information, and the making of commercial and non-commercial electronic communications and other communications to them within the scope specified above, in accordance with the legislation on the protection of personal data and e-commerce legislation.
8.3. The BUYER can stop data use-processing and/or communications at any time by reaching the SELLER through the specified communication channels or by reaching them through the same channels in accordance with legal procedures or by using the right to refuse in the electronic communications sent to them. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; furthermore, if they wish, information other than those legally required to be preserved and/or possible will be deleted from the data recording system or made anonymous in a way that their identity cannot be identified. If the BUYER wishes, they can always apply to the SELLER through the above communication channels and obtain information regarding matters such as the processing of their personal data, the persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them by automatic system analysis, and compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted with the legal justification explained to them.
8.4. Regarding all kinds of information and content belonging to the WEBSITE, and their arrangement, revision and partial/complete use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it deems necessary in the matters mentioned above; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. Privacy-security policies and terms of use belonging to other sites accessed from the WEBSITE are valid, and the SELLER is not responsible for any disputes and negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the address that must be given to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the prices of the products including taxes, and the 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 section on the website, depending on the BUYER's distance from the settlement, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and necessary information and documents, free from all defects, soundly in accordance with legal regulations and standards, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve service quality, to show due diligence and care during the performance of the work, and to act with foresight and prudence.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the performance 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 return the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that the SELLER's obligation to deliver the product subject to the contract will terminate if the price of the product subject to the contract is not paid and/or cancelled in the bank records for any reason.
9.7. The BUYER accepts, declares and undertakes that if the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after the 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 BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if it cannot deliver the product subject to the contract within the stipulated time due to force majeure events such as unforeseen events beyond the will of the parties that prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with an equivalent if available, and/or postpone the delivery period until the obstructive situation is eliminated. In case the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount is paid in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount is 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 may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, 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 mail, e-mail, SMS, phone calls and other means, using the address, e-mail address, fixed and mobile phone lines and other contact information provided by the BUYER in the registration form or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above.
9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; they shall not receive damaged or defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. It shall be deemed that the received goods/services are undamaged and sound. After delivery, the obligation to protect the goods/services carefully belongs to the BUYER. If the right of withdrawal is exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability 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 identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a document from the card holder's bank stating that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by them when becoming a member of the SELLER's website is true, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred by the SELLER due to the untruthfulness of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities will belong solely and exclusively to the BUYER.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be provided on the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not imply support for any website or the person operating that site, and do not constitute any guarantee for the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally responsible for such violation both criminally and legally, and shall indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore, in case this violation is brought before the law, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts regarding the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without undertaking any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address they indicated. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this agreement. In case 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. Order returns issued for corporate invoices cannot be completed if a RETURN INVOICE is not issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification 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 if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount organized by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
According to the Regulation, it is not possible to return products prepared in line with the BUYER's request or explicit personal needs and which are not suitable for return, such as lower parts of underwear, swimwear and bikini bottoms, make-up materials, single-use products, goods that are likely to spoil quickly or expire, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in electronic environment 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, if their packaging is opened by the BUYER. Furthermore, according to the Regulation, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period.
For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be eligible for return, their packaging must be unopened, untried, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment when making transactions with a credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be responsible to the bank within the framework of the credit card agreement between them and the cardholder bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will pay for the damage and loss incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections within the monetary limits specified in the Law will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this contract when they complete the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.
SELLER:
BUYER:
DATE: