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DISTANCE SALES AGREEMENT

  • DISTANCE SALES AGREEMENT 
  1. PARTIES
    1. This Agreement has been signed between the parties listed below in accordance with the provisions and conditions specified below.
    2. ‘BUYER’; (hereinafter referred to as "BUYER" in this agreement)
      NAME-SURNAME:
      ADDRESS:
    3. ‘SELLER’; (hereinafter referred to as "SELLER" in this agreement)
      NAME-SURNAME:
      ADDRESS:
    4. By accepting this agreement, the BUYER acknowledges and agrees in advance that they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, as indicated, upon approval of the order subject to this agreement.
  2. DEFINITIONS
    1. In the implementation and interpretation of this agreement, the terms written below will express the explanations written alongside them.
      1. MINISTER: Minister of Customs and Trade,
      2. MINISTRY: Ministry of Customs and Trade,
      3. LAW: Law No. 6502 on Consumer Protection,
      4. REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
      5. SERVICE: The subject of all types of consumer transactions, excluding the supply of goods made or promised for a fee or benefit,
      6. SELLER: The company that offers goods to consumers within the scope of commercial or professional activities or acts on behalf of or on account of the seller,
      7. BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
      8. SITE: The website owned by the SELLER,
      9. ORDERING PARTY: The real or legal person requesting a good or service through the SELLER’s website,
      10. PARTIES: The SELLER and the BUYER,
      11. AGREEMENT: This agreement made between the SELLER and the BUYER,
      12. GOODS: Refers to the tangible items subject to the transaction and software, audio, video, and similar intangible goods prepared for use in an electronic environment.
  3. SUBJECT
    1. This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on Consumer Protection and the provisions of the Regulation on Distance Contracts regarding the sale and delivery of the product ordered by the BUYER through the electronic environment of the SELLER’s website, the characteristics and sale price of which are specified below.
      The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the specified period ends.
  4. SELLER INFORMATION
    1. Title
    2. Address
    3. Phone
    4. Fax
    5. Email
  5. BUYER INFORMATION
    1. Recipient Name
    2. Delivery Address
    3. Phone
    4. Fax
    5. Email/Username
  6. ORDERING PARTY INFORMATION
    1. Name/Surname/Title
    2. Address
    3. Phone
    4. Fax
    5. Email/Username
  7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
    1. The basic characteristics of the product(s) are published on the SELLER’s website (type, quantity, brand/model, color, number). If a campaign has been organized by the SELLER, the basic characteristics of the relevant product can be reviewed during the campaign period. This is valid until the campaign date.
    2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the specified period ends.
    3. The total sales price of the goods or services, including all taxes, is shown below.
      1. Product Description
        1. Quantity
        2. Unit Price
        3. Subtotal
          1. (Including VAT)
      2. Shipping Fee
      3. Total:
      4. Payment Method and Plan
        1. Delivery Address
        2. Recipient Name
        3. Billing Address
        4. Order Date
        5. Delivery Date
        6. Delivery Method
    4. The shipping fee, which is the cost of product shipment, will be paid by the BUYER.
  8. INVOICE INFORMATION
    1. Name/Surname/Title
    2. Address
    3. Phone
    4. Fax
    5. Email/Username
    6. Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.
  9. GENERAL PROVISIONS
    1. The BUYER accepts, declares, and undertakes that they have read the basic qualities of the product subject to the agreement, the sales price, and the preliminary information regarding the payment method and delivery on the SELLER's website and that they have provided the necessary confirmation in the electronic environment. The BUYER also accepts, declares, and undertakes that they have correctly and completely obtained the address that must be provided to them by the SELLER before the establishment of the distance sales agreement, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information.
    2. Each product subject to the agreement will be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified on the website within the time period indicated in the preliminary information section, depending on the distance of the BUYER’s residence, without exceeding the 30-day legal period. If the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to cancel the agreement.
    3. The SELLER agrees, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the qualities specified in the order, and with any warranty documents, user manuals, and necessary information and documents in accordance with legal regulations, in a manner that is free from any defects, and to act in accordance with the principles of accuracy and honesty while performing the service quality, preserving and enhancing it, and demonstrating the necessary care and diligence during the performance of the work.
    4. The SELLER may provide a different product of equal quality and price, with prior information to the BUYER and with their explicit consent, before the expiration of the performance obligation arising from the agreement.
    5. If it becomes impossible to fulfill the obligations of the agreement regarding the product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date they learn of this situation, and to refund the total amount to the BUYER within 14 days.
    6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and if for any reason the payment for the product is not made and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
    7. The BUYER agrees, declares, and undertakes that after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, if the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product to the SELLER within 3 days with the shipping costs covered by the SELLER.
    8. If the SELLER cannot deliver the product within the specified time due to force majeure circumstances, such as unforeseen events that hinder and/or delay the performance of the parties' obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of this situation. The BUYER has the right to request cancellation of the order, replacement of the product with an equivalent one, and/or postponement of the delivery time until the hindering situation is resolved. In the event of order cancellation, if the BUYER made payments in cash, the product price will be refunded in cash within 14 days. For payments made by credit card, the product price will be 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 average process for the amount refunded by the SELLER to the credit card to reflect in the BUYER's account may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after being refunded to the bank is entirely related to the bank's processing time, and that the BUYER cannot hold the SELLER responsible for any possible delays.
    9. The SELLER has the right to reach the BUYER through the address, email address, landline, and mobile phone numbers specified in the registration form by the BUYER or later updated by the BUYER, for communication, marketing, notifications, and other purposes via letter, email, SMS, phone calls, and other means. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
    10. The BUYER will examine the goods/services before receiving them; they will not accept damaged and defective goods/services (such as crushed, broken, torn packaging, etc.) from the courier company. The received goods/services will be considered undamaged and intact. The obligation to 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.
    11. If the holder of the credit card used during the order is not the same person as the BUYER or if a security flaw related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement of the credit card statement for the previous month, or a letter from the bank confirming that the credit card belongs to the cardholder. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
    12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate, and they will immediately compensate the SELLER in cash and in full for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification.
    13. The BUYER agrees and undertakes in advance to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities that may arise will bind the BUYER exclusively.
    14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, harasses and disturbs others, has an unlawful purpose, or infringes on the material and moral rights of others. Furthermore, the BUYER cannot engage in activities (such as spam, viruses, trojan horses, etc.) that prevent or hinder other members from using the services.
    15. Links may be provided from the SELLER's website to other websites and/or content owned and/or operated by third parties that are not under the SELLER's control. These links are provided to facilitate navigation for the BUYER and do not endorse any website or the person operating that site, nor do they carry any guarantee regarding the information contained on the linked website.
    16. Members who violate one or more of the articles listed in this agreement shall be personally liable for such violations, and shall exempt the SELLER from any legal and penal consequences of these violations. Additionally, in the event that the issue is taken to legal proceedings due to this violation, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.
  10. RIGHT OF WITHDRAWAL
    1. In cases where the distance contract pertains to the sale of goods, the BUYER may use the right of withdrawal without any legal or penal liability and without giving any reason by rejecting the goods within 14 (fourteen) days from the delivery date to themselves or to the person/institution they designated, provided that they notify the SELLER. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. In service contracts where the service has commenced with the consumer's approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs 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.
    2. For the exercise of the right of withdrawal, the BUYER must send a written notification to the SELLER via 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 titled "Products for which the Right of Withdrawal Cannot be Used" in this agreement. In the case of exercising this right:
      1. The invoice of the product delivered to the third party or the BUYER must be provided (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning. Returns for orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
      2. A return form must be included.
      3. The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
      4. The SELLER is obliged to return the total amount and the documents that obligate the BUYER within a maximum of 10 days from the receipt of the withdrawal notification and to receive the goods within 20 days.
      5. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages proportional to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to proper use of the goods or products within the withdrawal period.
      6. If the amount of the campaign limit set by the SELLER is dropped below due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.
  11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
    1. Products prepared at the request of the BUYER or clearly in accordance with their personal needs and that are not suitable for return, such as underwear, swimsuits and bikini bottoms, cosmetics, disposable products, goods that may spoil quickly or may have an expiration date, products whose packaging has been opened by the BUYER after delivery that are not suitable for return for health and hygiene reasons, products that cannot be separated from others due to mixing after delivery, goods related to periodicals such as newspapers and magazines except those provided under subscription contracts, services rendered instantly in electronic form or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, which have been opened by the BUYER, cannot be returned according to the Regulation. Additionally, it is not possible to exercise the right of withdrawal for services that have started to be performed with the consumer's approval before the withdrawal period expires according to the Regulation.
      Cosmetics and personal care products, underwear, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (toners, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused to be returned.
  12. DEFAULT AND LEGAL CONSEQUENCES
    1. If the BUYER defaults on payment transactions made by credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement with the bank and will be responsible to the bank. In this case, the relevant bank may resort to legal means; it can demand the resulting costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damages incurred due to the delayed performance of the debt.
  13. COMPETENT COURT
    In disputes arising from this agreement, the authority for complaints and objections is the Istanbul Consumer Problems Arbitration Committee or the Istanbul Consumer Court and enforcement offices, within the monetary limits specified by law.
  14. EFFECTIVENESS
    When the BUYER completes the payment for their order placed through the Site, it is deemed that they accept all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the agreement is read and accepted by the BUYER before the order is realized.
    1. SELLER:
    2. BUYER:
    3. DATE: