DISTANCE SALES AGREEMENT

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement was made and entered into by the following parties subject to the  terms and conditions given hereunder.

A. BUYER; (hereinafter referred to as the “Buyer”),

B.SELLER; (hereinafter referred to as the “Seller”)

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 means of accepting this Agreement, the Buyer hereby accepts in advance that he will be obliged to pay the value referred to in the order, as well as, if any,  the shipment fee, taxes or similar extra charges and he has been informed about these costs and obligations.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the below written terms and conditions will have the meanings written next to them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: The Law No. 6502 on Protection of the Consumers,

REGULATIONS: Distance Sales Agreement Regulations (RG:27.11.2014/29188)

SERVICE: Subject matter of any consumer transaction performed or undertaken to be performed against a fee or interest  other than procurement of goods,

SELLER: The Company offering goods to consumers or acting on behalf of the product supplier in commercial and professional manner,

BUYER: The real or legal entity who acquires, uses or benefits from a product or service for non-commercial or non-professional purposes,

SITE: The website of the Seller,

ORDERER: Real or legal person ordering a product or service from the Seller through a website,

PARTIES: SELLER and BUYER,

AGREEMENT: This agreement executed by and between the Seller and the Buyer,

PRODUCT: The good subject to the shopping as well as the software, audio, video or similar non-material products created for using in the online environment

3. SUBJECT

This Agreement gives the rights and obligations of the parties in relation with the sales and delivery of the product ordered online by the Buyer through the website of the Seller, of which specifications and sales price are given below according to the Consumer Protection Law 6502 and the Distance Sales Agreements.

The prices listed or announced on the website are sales prices. The prices or commitments declared will be valid until being updated or changed, while the prices declared for a certain period will be valid till the end of the stated period.

4. INFORMATION ON THE SELLER

[shop]

Trade Name: [name] ( [domain] )

Address: [address1] [zip] [city]

Phone Number: [phone]

Email: [email]

[/shop]

5. INFORMATION ON THE BUYER

Delivery to:

[shipping_address]

Delivery Address: [first_name] [last_name] [company] [address1] [address2] [city] [zip] [province] [country] [country_code]

Phone:  [phone]

Name: [name]

[/shipping_address]

6. INFORMATION ON THE ORDERER

[customer]   

Name, Surname & Title: [first_name] [last_name]

Phone: [phone]

Email: [email]

[/customer]

7. THE PRODUCT / PRODUCTS SUBJECT TO THE AGREEMENT

1. The specifications of the Product(s)/Service(s) are posted on the website of the Seller. In case a campaign has been organized by the Seller, it will be possible to see the specifications of the related product through the campaign period. This will be valid till the end of the campaign period.

7.2. The prices listed and posted on the site are sales prices. The posted prices and commitments will be valid until an update is entered or they are changed, while the prices declared for a certain period will be valid till the end of the specified period.

7.3. Please find below the sales price of the product or service subject to the Agreement, inclusive of taxes:

Description, Quantity, Per Unit Price, Sub-Total

[line_items] 

[title] [quantity] [sku] [variant_title] [vendor] [name] [price] 

[/line_items]

8. INVOICE DATA

[billing_address]  

Name/Surname/Trade Name: [first_name] [last_name] 

Address: [company] [address1] [address2]  [city] [zip] [province] [country] [country_code]

Phone: [phone]

Email / User Name: [name]

Invoice delivery: The invoice will be delivered along with the order during the order delivery.

[/billing_address]

9. GENERAL PROVISIONS

9.1. The Buyer hereby represents and warrants to the Seller that he has read the sales price, terms of payment and delivery on the website of the Seller, that he has confirmed the transaction online. The Buyer hereby represents and warrants that before his online confirmation of such Preliminary Information and execution of the Distance Sales Agreement,  he received information on the address to be provided by the Seller to the Buyer, the general specifications of the products, the price of the products inclusive of taxes, as well as terms of payment and delivery accurately and entirely.

9.2. Each product subject to the Agreement will be delivered to the Buyer or the person and/or company nominated by the Buyer within the period stated in the part “preliminary information”, depending on the distance of the Buyer’s residence address. In the event the product cannot be delivered to the Buyer within such period, the Buyer will reserve the right to terminate the Agreement.

9.3. The Seller hereby represents and warrants to hand over the product  fully, entirely and inline with the qualities referred to in the order, along with the user’s manuals or required leaflets or documentation, free from any defect, according to the legislation, intact and in line with the standards, subject to the principles of honesty and accuracy, to preserve or raise the quality of service, to perform due diligence in the performance of the job, and to act with precaution and diligence.

9.4. The Seller may provide a different product of equivalent quality and price, before expiry of the performance period hereunder, by informing the Buyer before and receiving his final approval.

9.5. The Seller hereby undertakes, represents and warrants that, in case the performance of the product or service supply becomes impossible causing a failure on the side of the Seller, he will inform the Buyer in writing within 3 days from being informed on such an occurrence or situation, and will return the total amount to the latter within 14 days.

9.6. The Buyer hereby undertakes to confirm this Agreement online for the purposes of the product delivery, and if, due to any reason, the value of the product subject to the Agreement is not paid and/or it is cancelled in the banking records, the Seller will be relieved from the obligation to deliver the said Product.

9.7. The Buyer hereby accepts and undertakes that, in the event after delivery of the Product subject to the Agreement, the product value is not paid to the Seller by the related bank or financial institution due to use of the credit card of the Buyer by unauthorized persons in an unauthorized manner, the Buyer will return the Product subject to the Agreement within 3 days to the Seller,  with the shipment fees being for the account of the Seller.

9.8. The Seller hereby undertakes to advise the situation to the Buyer in case of a force majeure beyond his control, unforeseen and obstructing or delaying parties in their performance of liabilities causing his failure to deliver the Product. The Buyer will reserve the right to request from the Seller to cancel the order, replace of the Product with an equivalent one, and/or delay the delivery period until the force majeure is no longer effective.  If the order is cancelled by the Buyer, the Product value will be returned to the Buyer in cash and at once in case of the Buyer’s cash paid orders, while the amount will be returned in cash and at once to the bank within 14 days from cancellation of the order by the Buyer in case of credit card paid orders. The Buyer hereby accepts that the average period could take 2 to 3 weeks to transfer the amount returned to the credit card account by the Bank to the Buyer, that the transfer of such amount to the Buyer’s accounts after returning to the Bank is entirely related to the bank transaction process, the Buyer will not deem the Seller responsible for possible delays.

9.9. The Seller has the right to reach the Buyer through the Buyer’s address given while registering in the website or updated by him later, his email address, land line or gsm lines or other communication data, email, SMS, phone calls or other means for the purposes of communication, marketing, notification or others. By accepting this Agreement, the Buyer also accepts  the Seller’s entering into foregoing communication efforts.

9.10. The Buyer will inspect the product / service hereunder before receiving it, and will refuse to receive the damaged, broken, or package torn etc. defective product / service from the shipment company. The received product / good will be deemed to be intact. Preserving the product / service diligently after delivery will be for the account of the Buyer. If the right to renounce will be applied, the product/service must not be used and the invoice must be returned.

9.11. In case the Buyer and the holder of the credit card used for the order is not the same or a security flaw is found in relation with the credit card used in the order  prior to delivery to the Buyer, the Seller may claim from the Buyer to provide him with the ID and communication data, the extract of the credit card related to the former month, or the letter issued by the bank of the credit card holder stating that the same belongs to him. The order will be suspended until the Buyer provides the information / documentation subject to the claim, while if the said claims are not satisfied within 24 hours, the Seller will reserve the right to cancel the sales.

9.12. The Buyer hereby represents and warrants that the personal or other information provided by him is true and correct, that he will compensate any and all losses of the Seller due to such information’s being false, upon first notice of the Seller, immediately, in cash and at once.

9.13. The Buyer hereby undertakes to comply with and not to violate the legal provisions while using the website. Any legal or penal obligations arising otherwise will be entirely and exclusively for the account of the Buyer.

9.14. The Buyer is not entitled to use the Seller’s website in a manner to impair the public order,  violating any legal provisions or the material or moral rights of the others. He also is not entitled to enter into acts or transactions which prevent or obstruct the others to use  the services (such as spam, virus, trojan horse, etc.).

9.15. Links may be provided through the website of the Seller to other websites owned and/or operated by third parties and/or to other contents. Such links have been inserted as an advertisement link for the Buyer and does not support any website or any person operating such website nor provides a security or a guarantee in relation with the information contained by the website for which the link has been provided on the Seller’s website.

9.16. Any member violating one or several articles listed hereunder will be personally responsible as for criminal or legal points of view, and will keep the Seller free from the outcomes of such criminal or legal outcomes. Furthermore, in case  legal proceedings are started due to such violation, the Seller will reserve the right to claim compensation due to failure to comply with the membership agreement.

10.  RIGHT OF WITHDRAWAL

10.1. The Buyer may use the right of withdrawal without assuming any legal or penal obligation or showing any excuse, on the condition to notify the Seller within 14 (fourteen) days from handing over of the product to himself or the person / company in the address he has nominated. In case of the distance sale agreements for provision of services, such period will start on the date of undersigning the agreement. No right of withdrawal can be used for the service agreement according to which performance of the service has started upon the Buyer’s approval prior to ending of the right of withdrawal. The expenses related to use of the right of withdrawal will be for the account of the Seller. By accepting this Agreement, the Buyer hereby accepts being informed.

10.2. For using the right of withdrawal, a registered mail, fax or email notice must be served to the Seller within the 14 (fourteen) days period and the product must not have been used under the framework of “The Products not subject to the Right of Withdrawal”. In the event such right is employed;

a) The invoice for the product delivered to the 3^rd party or the Buyer (in case the invoice of the product to be returned is a corporate one, it must be sent along with the return invoice of the company). The order returns of which invoice has been issued in the name of companies cannot be completed in case no RETURN INVOICE is issued).

b) Return Form;

c) The products to be returned must be returned along with their boxes, packing and if any, with the standard accessories. 

d) The Seller is obliged to return the total value and the documents imposing debt on the Buyer within 10 days from receiving the notice and to receive returned product within 20 days period therefrom.

e) In case of a drop in the value of the Product due to the Buyer’s failure, or return becomes impossible, the Buyer is obliged to compensate the Seller’s losses proportional to his failure. The Buyer however will not be responsible for any changes or impairing due to normal wear of the product within the Period of Withdrawal.

f) In case the Seller is below the campaign limit values due to the use of the Right of Withdrawal, the discount enjoyed under the campaign will be cancelled.

11. THE PRODUCTS NOT SUBJECT TO THE RIGHT OF WITHDRAWAL

Underwear bottom parts, swimwear or bikini bottoms, make-up materials, single-use products, perishable products or the ones with a close expiry date, the products which are not suitable for returning after opening of their package by the Buyer due to medical or hygiene reasons, the products mixed with others after being delivered or the ones that are naturally mixed with other products cannot be separated, the products related to newspapers or periodicals other than the ones provided under a subscription agreement, the online services provided instantly or non-material products delivered to the Buyer instantly, audio or video records, books, digital contents, software, data recording or data storage devices, computer consumables cannot be returned according to Regulations, in case their packing has been opened by the Buyer. Furthermore, prior to ending of the Term for the Right of Withdrawal, the use of the Right of Withdrawal in relation with the services of which performance has been started under the Buyer’s approval is not possible according to the terms and conditions of the Regulations.

Cosmetic and self-care products, underwear, swimwear, bikinis, books, reproducible software or programs, DVD, VCD, CD or cassettes or stationery consumables (toners, cartridges, ribbons etc.) packages must not be opened, tried, impaired or used, otherwise they cannot be returned.

12. DEFAULT AND ITS LEGAL OUTCOMES

The Buyer hereby represents and warrants that he will pay an interest subject to the credit card agreement between the card holder and the bank, and be responsible towards the bank in the event he defaults after the payment using his credit card. In such a case, the related bank my apply legal proceedings with the expenses and attorney fees being for the account of the Buyer, and in any case, if the Buyer is in default due to his debt, the Buyer will compensate the losses of the Seller due to his performance in arrears.

13. AUTHORIZED COURTS

Complaints and objections related to disputes arising hereunder will be referred to the consumer arbitration committee or to the consumer court in the province of the Buyer subject to the limitations given in the law. Please find below the information on the monetary limitations:

Valid as from 01.01.2017, in cases of applications to be placed with the consumer arbitration committees for the year 2017:

a. District consumer arbitration committees to resolve disputes below TRY 2.400 (two thousand and four hundred)

b. In the metropolitan provinces, provincial consumer arbitration committees are authorized to resolve the disputes between TRY 2.400 (two thousand and four hundred) and TRY 3.610 (three thousand six hundred and ten)

c. In the centers are within the non-metropolitan provinces, provincial consumer arbitration committees are authorized to resolve the disputes below TRY 3.610 (three thousand six hundred and ten)

ç. In the districts within the non-metropolitan provinces, provincial consumer arbitration committees are authorized to resolve the disputes between TRY 2.400 (two thousand and four hundred) and TRY 3.610 (three thousand six hundred and ten)

This Agreement was entered into for commercial purposes.

14. ENFORCEMENT

The Buyer will be deemed to have accepted the entire terms and conditions hereof at the time he honors the payment related to the order. The Seller is obliged to carry out the software arrangements as required to receive approval of this Agreement’s being read and accepted by the Buyer prior to performance of the order.

SELLER:  [name] 

EMAIL: [email] 

[domain]

[/shop]

[customer] 

BUYER: [first_name] [last_name] 

[phone]

[/customer]