DISTANCE SALES AGREEMENT
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B.'SELLER'; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, it will be under the obligation to pay the price subject to the order and, if any, additional charges such as shipping fee, tax, and that it has been informed about it.
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return 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,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: Real or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
Person to be delivered
Email / username
ORDERING PERSON INFORMATION
Name / Surname / Title
Email / username
CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
The basic features (type, quantity, brand / model, color, number) of the good / product / products / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description // Piece // Unit Price // Subtotal
Payment Method and Plan
Person to be delivered
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
Name / Surname / Title
Email / username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during order delivery.
Distance Sales Contract Regulation: General Provisions
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER, and gives the necessary confirmation electronically. The receiver; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed. .
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, 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 reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work within the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, 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 its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that if the seller cannot deliver the product subject to the contract within due time due to force majeure situations that develop outside the will of the parties, that are unpredictable and prevent and / or delay the fulfillment of the debts of the parties. The BUYER is also entitled to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to him in cash and in lump sum within 14 days. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
9:10. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn package, etc. will not receive the damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.
9:11. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned 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 information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and on the first notice of the SELLER.
9:13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9:14. The BUYER cannot use the website of the SELLER in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9:15. On the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
9:16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
RIGHT OF WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of goods, it can use the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification, provided that the product is delivered to itself or to the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, provided that the SELLER is notified. In distant contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts that are initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or to 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 when returning.
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of withdrawal.
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
PRODUCTS THAT CANNOT BE USED TO WITHDRAWAL
The goods that are prepared in line with the BUYER's request or explicitly personal needs and that are not suitable for return, underwear, swimwear and bikini bottoms, make-up materials, disposable products, items that are in danger of deterioration or that may expire, are delivered to the BUYER. If the package is opened by the BUYER after the receipt, products that are not suitable for health and hygiene, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, instant execution in electronic environment The return of the services provided or the intangible goods delivered to the consumer immediately, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, packaging is not possible in accordance with the Regulation. .
In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) and they must not be used.
DEFAULT AND LEGAL RESULTS
The PURCHASER agrees, declares and undertakes that, in the event that he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
Complaints and objections in disputes arising from this contract will be made to the arbitral tribunal or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is below:
The value for applications to be made to consumer arbitration committees for 2017, effective from 01/01/2017:
a) In disputes under 2.400 (two thousand four hundred) Turkish Lira, district consumer arbitration committees,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts of the provinces that do not have metropolitan status.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is realized.
What Are the Rights of the Consumer in Distance Contracts?
Consumer rights are quite extensive in distance contracts. Heavy specifications have been imposed on more sellers than buyers. We can list these rights as follows;
Seller or Provider's Obligation to Inform the Consumer
The consumer is obliged to be informed by the seller on certain issues before accepting the distance sales contract. The communication used in the preliminary information must be prepared in an understandable language, at least in two font size, in a clear, simple and legible way.
Right of Withdrawal in Distance Contract
In the distance contract, the consumer can withdraw from the contract within fourteen days without providing any reason and without penal clause. If the right of withdrawal is used, the seller is obliged to return all the payments collected to the consumer within fourteen days from the date of receipt of this notification.
The person performing the sale is obliged to ensure the delivery of the product from the day the order is received. In product sales, the time is limited to thirty days under all circumstances. If the seller fails to deliver within this period, the customer may withdraw from the contract. In addition, in cases where the delivery of the order becomes impossible, the seller must submit a written and permanent notification to the customer within three days after learning about this situation. It must then repay all payments within fourteen days from the date of notification.
The seller is responsible for the losses and damages experienced during the delivery of the product to the customer. However, if the customer wants to buy the product with a person or institution that is not the affiliate of the seller, this responsibility is eliminated.
Apart from the issues that are specified and the parties should focus on, information about the basic features of the product sold, all information about the delivery, and the payment methods available should be communicated to the customer on the e-commerce site. Apart from this, all the rules regarding the right of withdrawal within the e-commerce site and the procedure of this right should be communicated to the customer.