Distance Sales Contract
1. PARTIES
This Contract has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the contractual order is approved, it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that it has been informed about this.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those 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,
ORDERER: A natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: Between the SELLER and BUYER This contract concluded hereby,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
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. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. 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.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionPieceUnit PriceSubtotal
(VAT included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
8. - SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS RELATED RULES
The privacy rules-policy and conditions specified below are valid for the protection, confidentiality, processing-use and communications of information on the WEBSITE and other issues.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the said information is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, in order to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.
8.2. In addition to and confirmation of the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; The information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, and used by the SELLER, C, indefinitely or for a period of time to be determined by the specified parties and their successors for the provision of various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications.
in cases where it is seen, it can be updated, shared, transferred, transferred, used and processed in other ways. These data can also be forwarded to the relevant authorities and courts when required by law. BUYER has consented and allowed the use, sharing, processing of its current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and for commercial and non-commercial electronic communications and other communications to be made to it.
8.3. BUYER can stop the data usage-processing by reaching the SELLER through the specified communication channels and/or by reaching the same channels in accordance with the legal procedure or by exercising the right of rejection in electronic communications sent to it at any time. According to the BUYER's clear notification in this regard, personal data transactions and/or communications to the party are stopped within the legal maximum period; in addition, if it wishes, its information other than those that are legally required to be preserved and/or possible is deleted from the data recording system or anonymized in a way that prevents its identity from being revealed. BUYER may, if he/she wishes, contact SELLER at any time through the communication channels above and receive information on matters such as the transactions regarding the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by analyzing it with automatic systems, and compensation in case of damages incurred due to unlawful processing of data. Applications and demands regarding these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. All intellectual and industrial rights and property rights belong to SELLER except those belonging to other third parties according to SELLER's agreement regarding all kinds of information and content belonging to WEBSITE and their arrangement, revision and partial/full use.
8.5. SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be valid from the moment they are announced by SELLER on WEBSITE or other appropriate methods.
8.6. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that it has read and is informed about the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, and has given the necessary confirmation electronically. The BUYER; accepts, declares and undertakes that it has obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information correctly and completely.
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 to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals and the information and documents required for the job, to perform the job in accordance with the principles of honesty and integrity, free from all defects and in accordance with the requirements of the legal legislation, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, 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 his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. SELLER accepts, declares and undertakes that if the fulfillment of the ordered product or service becomes impossible and cannot fulfill its contractual obligations, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product and that if the contractual product price is not paid and/or is canceled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER accepts that the credit card belonging to BUYER is used by an unauthorized person after the delivery of the contractual product to BUYER or the person and/or organization at the address indicated by BUYER.
If the contractual product price is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs of which will be borne by the SELLER.
9.8. If the SELLER cannot deliver the contractual product within the specified time due to force majeure events such as unforeseen circumstances that develop beyond the will of the parties and prevent and/or delay the parties from fulfilling their debts, the BUYER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contractual product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a lump sum within 14 days in payments made by the BUYER in cash. In payments made by the BUYER via credit card, the product amount shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later. The BUYER accepts 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 subject to the contract before receiving them; it shall not accept goods/services that are damaged or defective such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. 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 BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order 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 previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents, 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 provided while becoming a member of the SELLER's website is true and that the SELLER will compensate all damages that the SELLER may suffer due to the untruthfulness of this information immediately, in cash and in one go upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be completely and exclusively binding on the BUYER.
9.14. BUYER may not use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for a purpose against the law, or in a way that violates the material and moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. 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 through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that 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 shall be personally and legally responsible for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; If the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; The distance contract is not included in the sale of goods
In case of a connection, the buyer may use the right to reject the product and withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to use the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of using this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued on behalf of 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 boxes, 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 to the BUYER within 10 days at the latest from the receipt of the withdrawal notice and to receive the return of the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his/her fault. However, the BUYER is not responsible for any changes and deteriorations that occur due to the proper use of the goods or product during the withdrawal right period.
f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, products that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, products that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables cannot be returned if the packaging is opened by the BUYER, as per the Regulation. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, as required by the Regulation.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults when making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the BUYER and in any case, in case the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order he/she placed on the Site. The SELLER is obliged to make the necessary software arrangements in order to receive confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
SELLER:
BUYER:
DATE: