DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is signed between the following parties within the framework of the provisions and conditions stated below.
‘BUYER’ ; (hereinafter referred to as “BUYER” in the agreement)
NAME-SURNAME:
ADRESS:
‘SELLER’ ; (hereinafter referred to as “SELLER” in the agreement)
NAME – SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that, upon confirming the order subject to the agreement, they will be under the obligation to pay the order amount, additional charges such as shipping fee and taxes, if applicable, and agrees to be informed about this in advance.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall have the meanings ascribed 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 in return for a fee or benefit,
SELLER: The company that supplies or acts on behalf of the supplier, offering goods to the consumer within the scope of its commercial or professional activities,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The website owned by the SELLER,
ORDERER: The natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: Refers to the SELLER and the BUYER,
CONTRACT: Refers to this contract entered into between the SELLER and the BUYER,
GOODS: Refers to the movable goods subject to the purchase and sale, as well as intangible goods such as software, sound, image, and similar items prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically through the SELLER’s website.
4. SELLER INFORMATION
Title :
Address :
Telephone/Fax :
Email :
5. BUYER INFORMATION
Recipient’s Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDER PLACER INFORMATION
Name/Title:
Address:
Phone:
Fax:
Email/Username:
7. INFORMATION ABOUT THE SUBJECT OF THE CONTRACT
7.1. The basic characteristics of the goods/product/service (type, quantity, brand/model, color, quantity) are published on the website of the SELLER. If the Seller has organized a campaign, you can review the basic features 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 updated or modified. Prices announced for a specific period are valid until the specified period expires.
7.3. The total sales price, including all taxes, of the goods or services subject to the contract is indicated below.
Product Description
Number
Unit Price
Subtotal
(Including VAT)
Shipping Amount
Total :
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: Invoice to the invoice address at the time of order delivery < span style=”color: black; font-family: montserrat; font-size: 10.5pt;”>to be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and become informed about the basic characteristics of the product, sales price, payment method, and preliminary information regarding the delivery on the SELLER’s website, and provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have obtained the correct and complete information about the address to be given by the SELLER before the conclusion of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, 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 distance of the BUYER’s place of residence, 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 has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the subject of the contract in full, in compliance with the specified qualifications in the order and, if applicable, with warranty documents, usage manuals, and the necessary information and documents required by the job, in accordance with the requirements of the legislation, without any defects, in a sound and standard manner, and to maintain and improve the quality of the service, to exercise the necessary care and diligence during the performance of the work, and to act with prudence and foresight.
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 fulfillment of the performance obligation arising from the contract.
9.5. In the event that the SELLER becomes unable to fulfill its obligations under the contract due to the impossibility of delivering 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 contract, and in the event of any reason for non-payment of the product price and/or cancellation in the bank records, the SELLER’s obligation to deliver the product subject to the contract will cease.
9.7. In the event that, 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’s credit card is used unlawfully by unauthorized persons, and as a result, the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the SELLER.
9.8. In the event that the SELLER cannot deliver the product subject to the contract within the agreed period due to force majeure events that occur beyond the control and foresight of the parties, which prevent or delay the fulfillment of the parties’ obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of this situation. The BUYER also has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or postponement of the delivery period until the obstructive situation is eliminated. In case of cancellation of the order by the BUYER, if the payment is made in cash, the product amount will be refunded to the BUYER in cash and at once within 14 days. If the payment is made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the process of reflecting the refunded amount to the BUYER’s accounts by the bank may take an average of 2 to 3 weeks and that any delays in this regard cannot be attributed to the SELLER, as it is entirely related to the bank transaction process.
9.9. The SELLER has the right to communicate with the BUYER via mail, e-mail, SMS, phone calls, and other methods for communication, marketing, notification, and other purposes using the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER on the registration form on the website or later updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER has the right to carry out the aforementioned communication activities.
9.10. Before accepting the delivery of the goods/services subject to the contract, the BUYER will inspect them and will not accept damaged or defective goods/services, such as dented, broken, torn packaging, from the shipping company. The delivered goods/services will be deemed undamaged and in good condition. After the delivery, the BUYER is responsible for the careful preservation of the goods/services. If the right of withdrawal is to be exercised, the goods/services should not be used, and the invoice should be returned.
9.11. In the event that the cardholder used during the order process is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information regarding the cardholder and present the credit card statement for the previous month or a letter from the cardholder’s bank stating that the credit card belongs to them. During the period 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 during the registration on the SELLER’s website is accurate and that they will immediately and in cash compensate for all damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER’s first notification.
9.13. The BUYER undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising therefrom will bind the BUYER fully and exclusively.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, harasses and annoys others, or for any unlawful purpose that infringes on the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. Links to other websites and/or other content owned or operated by third parties who are not under the control of the SELLER may be provided through the SELLER’s website. These links are provided to facilitate the convenience of the BUYER and do not endorse any website or the person operating that site, nor do they constitute a guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the provisions stated in this contract shall be personally liable for such violation, and shall indemnify the SELLER for any legal and criminal consequences of these violations. Furthermore, in the event that the incident is brought to the legal domain due to non-compliance with the membership agreement, the SELLER reserves the right to claim damages against the member.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the delivery date of the product to themselves or the person/organization at the designated address, without assuming any legal or criminal liability and without providing any reasons, by notifying the SELLER. In distance contracts regarding the provision of services, this period begins 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 approval of the consumer. 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 in advance.
10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by registered mail, fax, or e-mail within the 14 (fourteen) day period and return the product unused within the framework of the provisions of the “Products for Which the Right of Withdrawal Cannot be Exercised” specified in this contract. In case of exercising this right,
a) The invoice of the product delivered to a 3rd party or to the BUYER must be returned (If the invoice of the product to be returned is issued to institutions, it must be sent along with the return invoice issued by the institution. Return transactions of the orders issued on behalf of institutions cannot be completed without the issuance of a return invoice.)
b) Return form,
c) The box and packaging of the products to be returned, if any, along with all standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price to the BUYER and return the documents that put the BUYER under debt within a maximum of 10 days from the date the withdrawal notification reaches the SELLER and to take back the goods within 20 days.
e) If there is a decrease in the value of the product due to the BUYER’s fault or if it becomes impossible to return the product, the BUYER is liable to compensate for the damages of the SELLER to the extent of their fault. However, the BUYER is not responsible for any changes or deterioration in the product or service that occur due to its proper use within the right of withdrawal period.
f) In case the value of the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount obtained within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The following products cannot be returned/exchanged unless they are defective, damaged, or incorrect:
– Underwear and lingerie bottoms that are prepared according to the BUYER’s request or explicitly personalized,
– Swimwear bottoms (bikini, swimsuit, etc.),
– Cosmetics and personal care products,
– Disposable products,
– Perishable or expired goods,
– Products that are unsuitable for return due to health and hygiene reasons when their packaging is opened by the BUYER after delivery,
– Products that are mixed with other products after delivery and cannot be separated due to their nature,
– Goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement,
– Instantly performed services or intangible goods delivered to the consumer instantly, such as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, and packages opened by the BUYER, according to the Regulation. The return/exchange of these products is not possible. Furthermore, the right of withdrawal cannot be exercised for services that have started with the consumer’s approval before the end of the withdrawal period according to the Regulation.
Cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery supplies (toner, cartridge, ribbon, etc.) can be returned/exchanged only if their packaging is unopened, untested, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment when making the payment by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest to the bank in accordance with the credit card agreement between the cardholder bank and themselves and be responsible to the bank. In this case, the relevant bank may take legal action, demand the expenses and attorney fees incurred, and in any case, the BUYER agrees, declares, and undertakes to compensate for the damages and losses incurred by the SELLER due to the BUYER’s default.
13. COMPETENT COURT
In case of disputes arising from this contract, complaints and objections shall be made to the consumer arbitration committee or consumer court located in the place where the consumer’s residence is located or where the consumer transaction is made, within the monetary limits specified in the relevant law, including the below information:
– In disputes with a value of less than 2,000.00 (two thousand) TL, the district consumer arbitration committees,
– In disputes with a value of less than 3,000.00 (three thousand) TL, the provincial consumer arbitration committees,
– In metropolitan cities, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to the provincial consumer arbitration committees.
This contract is concluded for commercial purposes.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed on the website. The SELLER is responsible for making the necessary software arrangements to ensure that the BUYER reads and accepts this contract on the website before the order is placed.
SELLER:
BUYER:
DATE: