DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been executed between the parties set out below under the terms and conditions specified herein.
“BUYER” (hereinafter referred to as the “BUYER”)
Name – Surname:
Address:
“SELLER” (hereinafter referred to as the “SELLER”)
Name – Surname:
Address:
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER will be obliged to pay the order amount and any additional fees stated (such as shipping charges, taxes, etc.) and that the BUYER has been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth opposite them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188),
SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken to be performed 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 of or for the account of the party offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement executed between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and intangible goods such as software, audio, video and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the Parties, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, in relation to the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the characteristics and sales price of which are specified below.
Prices listed and announced on the Site are the sales prices. Announced prices and offers remain valid until updated and changed. Time-limited prices are valid until the end of the stated period.
4. SELLER INFORMATION
Title:
Address:
Phone:
Fax:
Email:
5. BUYER INFORMATION
Recipient of Delivery:
Delivery Address:
Phone:
Fax:
Email / Username:
6. ORDERING PARTY INFORMATION
Name / Surname / Title:
Address:
Phone:
Fax:
Email / Username:
7. INFORMATION ON THE PRODUCT(S)/SERVICE SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If a campaign is organized by the SELLER, you may review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. Prices listed and announced on the Site are the sales prices. Announced prices and offers remain valid until updated and changed. Time-limited prices are valid until the end of the stated period.
7.3. The sales price of the goods or services subject to this Agreement, including all taxes, is shown below:
Product Description:
Quantity:
Unit Price:
Subtotal (incl. VAT):
Shipping Amount:
Total:
Payment Method and Plan:
Delivery Address:
Recipient:
Invoice Address:
Order Date:
Delivery Date:
Method of Delivery:
7.4. Shipping costs (cargo fee) shall be borne by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title:
Address:
Phone:
Fax:
Email / Username:
Invoice delivery: The invoice will be delivered to the invoice address together with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that the BUYER has read and understood the preliminary information regarding the basic characteristics of the product subject to this Agreement, its sales price, payment method and delivery, and has provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER further acknowledges, declares and undertakes that prior to the establishment of this distance sales agreement, the BUYER has obtained accurately and completely the address to be provided by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to this Agreement shall be delivered to the BUYER or to the person and/or organization at the address specified by the BUYER, within the period stated 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 reserves the right to terminate the Agreement.
9.3. The SELLER acknowledges, declares and undertakes to deliver the product subject to this Agreement complete, in accordance with the qualifications specified in the order, together with any warranty certificates, user manuals and information/documents required by the nature of the work (if any), free from any defects, in a sound manner in compliance with legal requirements and standards, to perform in accordance with the principles of accuracy and good faith, to maintain and improve service quality, and to exercise due care and diligence, prudence and foresight during performance.
9.4. The SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and the BUYER’s explicit approval is obtained before the performance period of the obligation arising from the Agreement expires.
9.5. If the performance of the ordered product or service becomes impossible and the SELLER cannot fulfill its contractual obligations, the SELLER acknowledges, declares and undertakes to notify the consumer in writing within 3 days from the date the SELLER becomes aware of such situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares and undertakes that the BUYER will confirm this Agreement electronically for the delivery of the product; and that if, for any reason, the product price is not paid and/or is canceled in bank records, the SELLER’s obligation to deliver the product shall cease.
9.7. If, after the delivery of the product to the BUYER or to the person/organization at the address specified by the BUYER, the amount of the product is not paid to the SELLER by the relevant bank or financial institution due to the unlawful use of the BUYER’s credit card by unauthorized persons, the BUYER acknowledges, declares and undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to this Agreement within the stated period due to force majeure events that occur beyond the Parties’ will, are unforeseeable, and prevent and/or delay the Parties from fulfilling their obligations, the SELLER acknowledges, declares and undertakes to inform the BUYER. In such case, the BUYER has the right to request cancellation of the order, replacement with an equivalent product (if any), and/or postponement of delivery until the obstacle is removed. If the BUYER cancels the order, in the case of payments made in cash, the product amount shall be paid to the BUYER in cash and in a single payment within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days following cancellation by the BUYER. The BUYER acknowledges, declares and undertakes that the average period for the bank to reflect the amount refunded by the SELLER to the BUYER’s account may take 2 to 3 weeks; and since the reflection of the amount to the BUYER’s accounts after being refunded to the bank depends entirely on the bank’s processing, the BUYER may not hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notifications and other purposes via letter, email, SMS, phone calls and other means using the address, email address, landline and mobile phone numbers and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards the BUYER.
9.10. The BUYER shall inspect the goods/services before accepting delivery and shall not accept damaged or defective goods/services such as dented, broken, torn packaging, etc. from the courier company. Goods/services accepted shall be deemed to have been delivered intact and in good condition. The obligation to carefully protect the goods/services after delivery belongs to 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 regarding the credit card used in the order is detected before delivery, the SELLER may request that the BUYER submit the identity and contact information of the credit card holder, the credit card statement of the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order will be suspended until the BUYER provides the requested information/documents. If such 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 provided while registering on the SELLER’s website is accurate and that the BUYER will indemnify the SELLER for all damages incurred due to the inaccuracy of such information immediately, in cash and in full upon the SELLER’s first notice.
9.13. The BUYER agrees and undertakes in advance to comply with the applicable legislation while using the SELLER’s website and not to violate it. Otherwise, all legal and penal liabilities that may arise shall bind the BUYER exclusively.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, is contrary to public morals, disturbs or harasses others, is for an unlawful purpose, or infringes the material or moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be provided on the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by third parties. Such links are provided to facilitate navigation for the BUYER and do not constitute endorsement of any website or its operator, nor do they carry any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this Agreement shall be personally liable, criminally and legally, for such violation and shall hold the SELLER harmless from the legal and penal consequences of such violations. In addition, if the matter is referred to legal proceedings 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. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address specified by the BUYER, by notifying the SELLER, without assuming any legal or penal liability and without providing any reason, by rejecting the goods and withdrawing from the Agreement. For distance contracts relating to service provision, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance has begun with the consumer’s approval before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must send written notification to the SELLER via registered mail with return receipt, fax or email within 14 (fourteen) days, and the product must be unused in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” regulated in this Agreement. In case this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the returned product is a corporate invoice, it must be sent together with a return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to receive the returned goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER for damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deteriorations arising from proper use of the goods or product within the withdrawal period.
f) If the exercise of the right of withdrawal causes the total to fall below the campaign threshold set by the SELLER, the discount amount benefited under the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly for personal needs and not suitable for return; underwear bottoms; swimwear and bikini bottoms; cosmetics; single-use products; goods that are at risk of rapid deterioration or likely to expire; products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated by nature; periodicals such as newspapers and magazines other than those provided under subscription agreements; services performed instantly in electronic environments or intangible goods delivered instantly to the consumer; and returns of audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables are not possible under the Regulation if their packaging has been opened by the BUYER. In addition, withdrawal cannot be exercised for services whose performance has started with the consumer’s approval before the withdrawal period expires, pursuant to the Regulation.
For cosmetics and personal care products, underwear, swimwear, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must be unopened, untested, undamaged and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in payments made by credit card, the BUYER acknowledges, declares and undertakes that the BUYER will pay interest in accordance with the credit card agreement between the cardholder and the issuing bank and will be liable to the bank. In such case, the relevant bank may take legal action and may claim costs and attorney fees from the BUYER. In any event, if the BUYER defaults due to the BUYER’s debt, the BUYER agrees to compensate the SELLER for losses and damages incurred due to delayed performance.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified in the Law, to the Consumer Arbitration Committee or Consumer Court located in the place of residence of the consumer or where the consumer transaction is carried out. Information on the monetary limit is provided below, effective as of 28/05/2014:
a) For disputes with a value below TRY 2,000.00 (two thousand) pursuant to Article 68 of Law No. 6502, applications are made to District Consumer Arbitration Committees,
b) For disputes with a value below TRY 3,000.00 (three thousand), applications are made to Provincial Consumer Arbitration Committees,
c) In metropolitan provinces, for disputes with a value between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand), applications are made to Provincial Consumer Arbitration Committees.
This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
When the BUYER completes the payment for the order placed via the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this Agreement on the Site prior to completion of the order.
SELLER:
BUYER:
DATE: