Distance Sales Agreement

Distance Sales Agreement

1.PARTIES

This Agreement has been signed between the following parties under the terms and conditions specified below:

  1. ‘BUYER’ (hereinafter referred to as “BUYER” in this agreement) B. ‘SELLER’ (hereinafter referred to as “SELLER” in this agreement)

NAME:

ADDRESS:

By accepting this agreement, the BUYER acknowledges that, upon confirming the order subject to the agreement, they will assume the obligation to pay the price of the ordered product, any additional fees such as shipping charges and taxes, as stated, and that they have been informed about this in advance.

2.DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall represent the explanations written next to them:

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),

SERVICE: The subject matter of any consumer transaction other than the provision of goods for a fee or benefit,

SELLER: The company that supplies goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of the supplier,

BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for noncommercial or non-professional purposes,

WEBSITE: The website owned by the SELLER,

ORDERER: The natural or legal person who requests a good or service from the SELLER’s website,

PARTIES: The SELLER and the BUYER,

CONTRACT: This agreement entered into between the SELLER and the BUYER,

GOODS: The movable property subject to the purchase and sale and intangible goods such as software, sound, image, and similar items prepared for use in electronic media.

3.SUBJECT

This Agreement regulates the sale and delivery of the product with the specifications and sale price specified below, which the BUYER has ordered electronically through the SELLER’s website, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.

The listed prices on the website are the sale prices. The announced prices and promises remain valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.

4.SELLER INFORMATION

Company Name

Address

Phone

Fax

Email

5.BUYER INFORMATION

Recipient’s Name

Delivery Address

Phone

Fax

Email/Username

6.ORDERING PARTY INFORMATION

Name/Title

Address

Phone

Fax

Email/Username

7.PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT INFORMATION

The basic specifications (type, quantity, brand/model, color, quantity) of the goods/product(s)/service are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the basic specifications of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific 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 contract is shown below.

Product Description Quantity Unit Price Subtotal

(Inclusive of VAT)

Shipping Cost

Total:

Payment Method and Plan

Delivery Address

Recipient’s Name

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping cost, which is the shipping expense for the product, will be paid by the BUYER.

8.INVOICE INFORMATION

Name/Title

Address

Phone

Fax

Email/Username

Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.

9.GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and become informed about the essential qualities of the product subject to the agreement, the sale price, the payment method, and the preliminary information regarding delivery on the SELLER’s website, and that they have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have obtained accurate and complete information regarding the delivery address to be provided by the SELLER before the establishment of the distance sales agreement, 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 agreement shall be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified in the preliminary information section on the website, within the period indicated, depending on the distance between the BUYER’s place of residence and the SELLER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER shall have the right to terminate the agreement.

9.3. The SELLER undertakes to deliver the product subject to the agreement in compliance with the specified qualifications in the order, complete and, if available, with warranty documents, user manuals, and all necessary information and documents required by the job, and to perform the work in accordance with legal requirements, excluding any defects, in compliance with standards, maintaining and enhancing service quality, showing the necessary care and diligence during the performance of the work, and acting with caution and foresight, as well as accepting, declaring, and undertaking the same.

9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit consent, before the performance obligation arising from the agreement expires.

9.5. If the SELLER is unable to fulfill its obligations under the agreement due to the impossibility of fulfilling the ordered product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning this situation and to refund the total price to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement and that in the event of non-payment of the product price for any reason and/or cancellation of the transaction in the bank records, the SELLER’s obligation to deliver the product subject to the Agreement will be terminated.

9.7. In the event of unauthorized use of the BUYER’s credit card by unauthorized persons resulting from the delivery of the product subject to the agreement to the BUYER or the person and/or organization indicated by the BUYER at the address, if the relevant bank or financial institution does not pay the price of the product subject to the agreement to the SELLER, the BUYER agrees, declares, and undertakes to return the product subject to the agreement to the SELLER within 3 days, with the shipping cost borne by the SELLER.

9.8. The SELLER agrees, declares, and undertakes to notify the BUYER in case of force majeure events that occur beyond the control and foreseeability of the parties, prevent or delay the fulfillment of the parties’ obligations under the agreement. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the agreement with a similar one if available, and/or the postponement of the delivery period until the obstructive condition is resolved. In the event of the cancellation of the order by the BUYER, in cash payments made by the BUYER, the product amount is refunded to the BUYER in cash and at once within 14 days. In the case of payments made by the BUYER through a credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the period of approximately 2 to 3 weeks for the reflection of the refunded amount by the bank to the BUYER’s accounts after being refunded to the credit card by the SELLER is entirely related to the bank’s transaction process, and that the BUYER cannot hold the SELLER responsible for any possible delays.

9.9. The SELLER has the right to contact the BUYER through the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the website or updated by the BUYER thereafter, via letter, email, SMS, phone call, and other means of communication, for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards them.

9.10. The BUYER shall inspect the goods/services subject to the contract before accepting delivery; they shall not accept damaged or defective goods/services such as dented, broken, torn packaging, etc. The received goods/services will be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services 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 the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the statement of account for the previous month of the credit card used in the order, or a letter from the bank confirming that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be put on hold, and if such requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other related information provided to the SELLER’s website when becoming a member is accurate and agrees to compensate the SELLER for any damages incurred due to the inaccuracy of such information immediately, in cash and in full, upon the SELLER’s first notification.

9.13. The BUYER undertakes to comply with the provisions of the applicable legislation and not to violate them when using the SELLER’s website. Otherwise, all legal and criminal liabilities arising from such violations will be solely and exclusively binding on the BUYER.

9.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, harasses or disturbs others, or for any unlawful purpose that infringes upon the material and moral rights of others. Additionally, the BUYER shall not engage in activities that prevent or hinder others from using the services (spam, virus, Trojan horse, etc.).

9.15. Links may be provided on the SELLER’s website to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided to facilitate the navigation for the BUYER and do not imply endorsement of any website or the person operating it, nor do they carry any warranty regarding the information contained on the linked website.

9.16. The member who violates one or more of the items listed in this agreement shall be personally and legally responsible for such violation, and shall indemnify the SELLER against the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought into the legal domain due to such violation, 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 a distance contract related to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the product without assuming any legal or penal responsibility and without stating any reasons, within 14 (fourteen) days from the delivery date of the product to themselves or to the person/organization at the indicated address, provided that they inform the SELLER. In distance contracts related to 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 provision of the service has begun with the consumer’s consent before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within the 14 (fourteen) day period and the product must not have been used within the framework of the provisions regarding “Products for which the Right of Withdrawal cannot be exercised” specified in this contract. In case of exercising this right,

  1. The invoice of the product delivered to a third party or to the BUYER must be returned (If the invoice of the product to be returned is issued to a corporate entity, it must be sent together with the return invoice issued by the institution. Returns of orders issued in the name of institutions cannot be completed if the RETURN INVOICE is not issued.)
  2. Return form,
  3. The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.
  4. The SELLER is obliged to refund the total amount and return the documents that put the BUYER under 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.
  5. If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER shall be liable to compensate for the damages incurred by the SELLER in proportion to their fault. However, the BUYER shall not be held responsible for any changes or deterioration in the goods or products due to proper use within the right of withdrawal period.
  6. In case the campaign limit amount set by the SELLER is not reached due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign shall be canceled.

11.PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL

Products that are prepared according to the buyer’s request or clearly tailored to personal needs and are not suitable for return, such as underwear bottoms, swimwear bottoms, makeup products, disposable items, perishable goods, or goods with a possibility of expiration after delivery to the buyer, products that are not suitable for return due to health and hygiene reasons once their packaging has been opened by the buyer, products that have been mixed with other products and cannot be separated due to their nature, goods related to periodical publications such as newspapers and magazines, electronically delivered services or intangible goods delivered instantly to the consumer, including audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, cannot be returned according to the regulations. Furthermore, the right of withdrawal cannot be exercised for services that have been started with the consumer’s consent before the expiration of the withdrawal period, as stated in the regulations.

Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused in order to be eligible for return.

12.DEFAULT AND LEGAL CONSEQUENCES

If the buyer defaults on payment transactions made by credit card, the buyer acknowledges, declares, and undertakes that they will pay interest to the card-issuing bank and be liable to the bank within the framework of the credit card agreement between them. In this case, the respective bank can resort to legal remedies, claim the incurred expenses and attorney fees from the buyer, and in any case of the buyer’s default on debt, the buyer acknowledges, declares, and undertakes to compensate the damages suffered by the seller due to the delayed performance of the debt.

13.AUTHORIZED COURT

In case of disputes arising from this agreement, complaints and objections will be resolved by the consumer court at the residence of the producer within the monetary limits specified in the law. The monetary limits are as follows:

As of May 28, 2014:

  1. In disputes with a value below 2,000.00 (two thousand) TL, application shall be made to the district consumer arbitration committees in accordance with Article 68 of Law No. 6502 on Consumer Protection.
  2. In disputes with a value below 3,000.00 (three thousand) TL, application shall be made to the provincial consumer arbitration committees.
  3. In metropolitan cities, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, application shall be made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14.EFFECTIVENESS

When the buyer completes the payment for the order placed on 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 processed.

SELLER:

BUYER:

DATE:

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