DISTANCE SALES CONTRACT
This Agreement has been signed between the parties below, within the framework of the provisions and conditions specified below.
A. 'BUYER'; (hereinafter referred to as the "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as the "SELLER" in the contract)
NAME-SURNAME: [customer] [first_name] [last_name] [/customer]
ADDRESS: [billing_address] [first_name] [last_name] [company] [address1] [address2] [phone] [city] [zip] [province] [country] [country_code] [name] [/billing_address]
By accepting this agreement, the BUYER agrees in advance that, upon confirming the order subject to the contract, they will be obliged to pay the order amount, as well as any specified additional charges such as shipping fees and taxes, and acknowledges being informed about this.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will represent the explanations written next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the provision of goods in exchange 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 of or for the account of the entity offering the goods,
BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The internet site owned by the SELLER,
ORDERER: The natural or legal person who requests a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOOD: Movable property subject to purchase and intangible goods such as software, sound, image, and similar prepared for use in electronic media.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts concerning the sale and delivery of the product with the specifications and sales price specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until an update is made or changed. Prices announced for a specified period are valid until the end of the specified period.
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the essential qualities of the product, its sales price, payment method, and preliminary information about delivery on the SELLER's website, where the BUYER placed an electronic order. The BUYER accepts that by confirming the Preliminary Information in electronic form, they have acquired accurate and complete information, including the address to be provided by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the prices of the products including taxes, payment, and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the person/entity specified by the BUYER at the address indicated by the BUYER, depending on the distance to the place of residence of the BUYER, within the period specified in the preliminary information section on the website, provided that it does not exceed the legal period of 14 days. 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 complete, in compliance with the specified qualifications in the order, along with any warranty documents and usage guides, with all necessary information and documents required by the job, free from any defects, in accordance with legal regulations, and in a manner that maintains and improves the quality of service. The SELLER also agrees to exercise necessary care and diligence, act with caution and foresight during the performance of the work, and perform the work in accordance with principles of accuracy and honesty.
9.4. Before the expiration of the performance obligation arising from the contract, the SELLER may inform the BUYER and, with the explicit consent of the BUYER, supply a different product of equal quality and price.
9.5. If the SELLER cannot fulfill its obligations under the contract due to reasons beyond the parties' control, unforeseen and preventing or delaying the fulfillment of the parties' obligations, the SELLER agrees, declares, and undertakes to inform the BUYER in writing within 3 days from the date of learning about this situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that if, for any reason, the payment of the product price is not made and/or canceled in the bank records, the SELLER's obligation to deliver the product will end.
9.7. In the event of unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product, resulting in the non-payment of the product price to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product covered by the contract to the SELLER within 3 days, with shipping expenses borne by the SELLER.
9.8. In case the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or other reasons that cannot be foreseen and prevent or delay the fulfillment of the parties' obligations, the SELLER agrees, declares, and undertakes to inform the BUYER about this situation and has the right to cancel the order, request a replacement of the product with its equivalent, and/or postpone the delivery until the obstacle is eliminated. In the event of cancellation of the order by the BUYER, the product amount paid in cash will be refunded to the BUYER within 14 days. In case of payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges and accepts that the reflection of the refunded amount to the BUYER's accounts after the refund to the bank is completely related to the bank transaction process, and the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to reach the BUYER via letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes through the contact information, including the address, e-mail address, fixed and mobile phone lines, and other communication information specified by the BUYER during registration on the SELLER's website. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the communication activities mentioned above.
9.10. Before accepting delivery, the BUYER will inspect the product/service; damaged or defective products/services, such as dents, breakages, torn packaging, will not be accepted from the cargo company. The delivered product/service will be deemed to be undamaged and sound. The obligation to protect the product/service with care after delivery is the responsibility of the BUYER. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice must be returned.
9.11. If the person using the credit card during the order and the cardholder are not the same person or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the last statement of the credit card used in the order, or a written statement from the bank confirming that the credit card belongs to the BUYER. Until the BUYER obtains the requested information/documents, the order will be frozen, and if the said 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 supplementary information provided when becoming a member of the SELLER's website is accurate, and in case of any inconsistency, the BUYER will compensate all damages that the SELLER will incur upon the first notification by the SELLER, immediately, in cash, and in a lump sum.
9.13. The BUYER undertakes to comply with the provisions of the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will be binding on the BUYER.
9.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, is contrary to general morality, harasses and disturbs others, or for illegal purposes, violating the material and moral rights of others. In addition, the BUYER cannot engage in activities (spam, virus, trojan, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or contents owned and/or operated by third parties may be provided from the website owned by the SELLER. These links are provided solely for the convenience of the BUYER to provide ease of navigation and do not imply any endorsement of the website or the person operating the website by the SELLER. The SELLER does not guarantee the information contained in the linked websites.
9.16. The member who violates one or more of the articles specified in this agreement personally assumes the legal and criminal responsibility for the violation and undertakes to indemnify the SELLER for any legal and criminal consequences of these violations. In addition, in the event of the violation of this agreement, the SELLER reserves the right to request compensation from the member for failure to comply with the membership agreement if the matter is brought to the legal domain.
10.1. If the BUYER wishes to exercise the right of withdrawal without assuming any legal or criminal responsibility and without providing any reason, they must notify the SELLER within 14 (fourteen) days from the date of delivery of the product for distance contracts related to the sale of goods or from the date of signing the contract for distance contracts related to the provision of services. In the case of contracts related to the sale of goods, the right of withdrawal includes the option to reject the product. The withdrawal period begins on the date the product is delivered to the BUYER or the person/entity specified by the BUYER. In service contracts, 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 started with the consumer's approval before the end of the withdrawal period. The expenses incurred due to the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed in advance about the right of withdrawal.
10.2. To exercise the right of withdrawal within the 14 (fourteen) day period, the BUYER must send a written notification to the SELLER by registered mail, fax, or email, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions specified in this agreement. In case of exercising this right:
a) The invoice of the product delivered to a third party or the BUYER must be sent together with the returned product. (In the return of products with a corporate invoice, it is necessary to send the return invoice issued by the institution along with the product. Order returns made for corporate invoices without an issued return invoice cannot be completed.)
b) Return form,
c) The box, packaging, and, if any, standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount to the BUYER and return the documents that put the BUYER under obligation within 10 days at the latest from the date of receipt of the withdrawal notification.
e) If there is a decrease in the value of the product due to a fault on the part of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for any changes or deterioration in the value of the product or item due to its proper use during the right of withdrawal period.
f) In case the withdrawal causes the total amount to fall below the campaign limit set by the SELLER, the discount amount utilized within the scope of the campaign is canceled.
The buyer's right of withdrawal does not apply to certain product categories, including:
Goods tailored to the buyer's explicit personal needs or requests and are not suitable for return due to health and hygiene reasons. Examples include innerwear bottoms, swimsuits, bikini bottoms, makeup products, disposable items, perishable goods, or items with a risk of quick deterioration or imminent expiration.Products that, once delivered, become unsuitable for return due to health and hygiene reasons when their packaging is opened by the buyer.
Goods that, after delivery, are mixed with other products and cannot be separated due to their nature.
Goods delivered as part of a subscription agreement, excluding periodicals like newspapers and magazines.
Goods related to instantly performed services in electronic form or non-material goods delivered instantly to the consumer, such as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, and items with opened packaging.
Furthermore, the right of withdrawal cannot be exercised for services that have begun with the consumer's approval before the end of the withdrawal period, as per regulations.
Certain product categories, including cosmetic and personal care products, innerwear items, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery consumables (toner, cartridges, ribbons, etc.), are eligible for return only if their packaging is unopened, untested, undamaged, and unused.
If the BUYER defaults on payment transactions made with a credit card, the BUYER acknowledges, declares, and undertakes that, within the framework of the credit card agreement between the cardholder and the bank, they will pay interest and be responsible towards the bank. In this case, the relevant bank may resort to legal remedies, request expenses and attorney fees from the BUYER, and in any circumstances where the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes to compensate the damages incurred by the SELLER due to the delayed performance of the debt.
This agreement stipulates that complaints and objections arising from this contract will be addressed to the consumer dispute resolution board or consumer court located in the consumer's place of residence or where the consumer transaction is conducted, within the monetary limits specified in the law below. The monetary limits are as follows:
As of January 1, 2017, for applications to consumer arbitration boards in 2017, disputes with a value:
a) Below 2,400 (two thousand four hundred) Turkish Liras will be handled by district consumer arbitration boards,
b) Between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in metropolitan status cities will be handled by provincial consumer arbitration boards,
c) Below 3,610 (three thousand six hundred ten) Turkish Liras in the central districts of non-metropolitan cities will be handled by provincial consumer arbitration boards,
d) Between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts affiliated with non-metropolitan cities will be handled by provincial consumer arbitration boards.
This agreement is made for commercial purposes.
When the BUYER completes the payment for the order placed through the website, they are deemed to have accepted all the terms of this agreement. The SELLER is responsible for making the necessary software adjustments to ensure that this agreement is read and accepted by the BUYER on the website before the order is finalized.
