Distance Contract
1. PARTIES
This Agreement has been signed between the following parties under the terms set out below.
'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
FIRST NAME SURNAME:
ADDRESS:
'SALESPERSON' ; (hereinafter referred to as "SELLER" in the contract)
FIRST NAME SURNAME:
ADDRESS: By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be obliged to pay the price of the order and any additional fees, such as shipping costs and taxes, that he has been informed of the matter.,
2. DEFINITIONS
In the application and interpretation of this contract, the following conditions express the written statements against it.
MINISTER: Minister for Customs and Trade,
MINISTRY: Department of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Selling Regulation (OG:27.11.2014/29188)
SERVICE: The object of a consumer transaction other than the supply of goods made or promised for a fee or service,
SELLER: the company that offers goods to the consumer in the course of its trade or profession, or acts on behalf of or on behalf of the supplier,
PURCHASER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
CUSTOMER: the natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract between the SELLER and the BUYER,
GOODS: Refers to moveable goods that are the subject of purchase, as well as software, sound, images and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, in relation to the sale and delivery of the product, the characteristics and sale price of which are set out below, which the BUYER electronically via ordered from the SELLER's website.
The prices listed and announced on the website are retail prices. Advertised prices and promises are valid until updated and changed. Prices announced on time are valid until the end of the specified period.
4. SELLER INFORMATION
title
Address
phone
fax
5. BUYER INFORMATION
Person to deliver
shipping address
phone
fax
E-mail (username
6. INFORMATION ABOUT THE ORDERING PERSON
Name/Last Name/Title
Address
phone
fax
E-mail (username
7. CONTRACTUAL PRODUCT/PRODUCT INFORMATION
1. The basic characteristics of the goods/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the campaign is organized by the seller, you can examine the basic characteristics of the given product during the campaign. Valid until promotion date.
7.2. The prices listed and announced on the website are retail prices. Advertised prices and promises are valid until updated and changed. Prices announced on time are valid until the end of the specified period.
7.3. The sales price of the contractual goods or services including all taxes is shown below.
Payment Method and Plan
shipping address
Person to deliver
Billing address
order date
delivery date
shipping method
7.4. Shipping cost equal to product shipping cost will be paid by BUYER.
8. BILLING INFORMATION
Name/Last Name/Title
Address
phone
fax
E-mail (username
Invoice delivery: When the invoice order is delivered to the billing address together with the order. It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes to have read and be informed of the preliminary information on the SELLER's website regarding the basic characteristics, sale price, method of payment and delivery of the product that is the subject of the contract and to provide the necessary confirmation in the electronic environment. buyer; He/she accepts, declares and undertakes to confirm the preliminary information in an electronic environment, the address to be provided by the SELLER to the BUYER before the distance contract is concluded, the basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information accurate and complete.
9.2. Each product that is the subject of the contract will be delivered to the person and/or organization at the address indicated by the BUYER or by the BUYER, within the period indicated in the preliminary information section of the website, depending on the distance from the place of residence of the BUYER, so 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 undertakes to deliver the product that is the subject of the contract in its entirety, in accordance with the qualifications indicated in the order and with the warranty documents, operating instructions if necessary, with the information and documents necessary for the order, free of any kind, to eliminate defects and to carry out the work in accordance with the standards, in accordance with the principles of accuracy and honesty. He accepts, declares and undertakes to protect and increase the quality of the service, to show the necessary care and attention during the execution of the work, to act prudently and with foresight.
9.4. The SELLER may deliver another product of the same quality and price before the end of the contractual obligation to perform, by informing the BUYER and obtaining its express consent.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to provide the product or service, he will notify the consumer in writing within 3 days from the date on which he learned of this situation and will refund the BUYER the total price 14 days to fulfill according to the order.
9.6. The BUYER accepts, declares and undertakes to electronically confirm this contract for the delivery of the subject product and that if for any reason the price of the contract product is not paid and/or canceled in the bank records, the SELLER's obligation to deliver the contractual product ends.
9.7. After the delivery of the contractual product to the person and/or organization at the address indicated by the BUYER or the BUYER as a result of misuse of the BUYER's credit card by unauthorized persons, if the price of the product subject of the contract is not transferred to the SELLER by the relevant bank or financial institution paid, but accepts, declares and undertakes to return it to the SELLER within 3 days at the expense of the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product covered by the contract cannot be delivered on time due to circumstances of force majeure developing beyond the will of the parties, are unforeseeable and the fulfillment of the obligations of the parties. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product covered by the contract with its possible precedent and/or the extension of the delivery period until the obstacle is removed. If the order is canceled by the BUYER, the product amount will be paid to him in cash and in full within 14 days in the cash payments made by the BUYER. If the BUYER pays by credit card, the product amount will be refunded to the relevant bank within 14 days of the BUYER canceling the order. The BUYER may need an average of 2 to 3 weeks to transfer the amount refunded by the SELLER to the credit card from the bank to the BUYER's account, declares and undertakes that it cannot be held liable.
9.9. The SELLER's address, e-mail address, landline and mobile telephone number and other contact information provided by the BUYER in the registration form on the website or subsequently updated by him by letter, e-mail, SMS, telephone 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 accepts and declares that the SELLER may participate in the above communication activities.
9.10. The BUYER must inspect the contractually agreed goods/services prior to receipt; dented, broken, torn packaging, etc. Damaged and defective goods/services will not be received by the freight company. The received goods/services are deemed to be undamaged and intact. The responsibility for the careful protection of the goods/services after delivery lies with the BUYER. If the right of withdrawal is to be exercised, the goods/services may not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used in the order are not the same person, or if a security breach regarding the credit card used in the order is discovered before the product is delivered to the BUYER, the SELLER must provide the identity and contact details of the credit card holder, the previous month's statement of the credit card used when placing the order, or ask the BUYER to provide a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents and if the above requirements are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER represents and undertakes that the personal and other information provided when subscribing to the SELLER's website is true and that the SELLER will compensate all damages immediately in cash and in advance after the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the statutory legislation when using the SELLER's website from the very beginning. Otherwise, any legal and criminal obligations that may arise will fully and exclusively bind the BUYER.
9.14. The BUYER may not use the SELLER's website in a way that disturbs public order, is contrary to good morals, disturbs and harasses others, for an unlawful purpose, violates the material and moral rights of others. In addition, the member must not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content not under the control of SELLER and/or owned and/or operated by third parties may be provided through SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating such website and do not constitute a guarantee of any information contained on the linked website.
9.16. The member who violates one or more of the articles set out in this contract shall be personally and criminally liable for this violation and indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore; In the event that the incident is referred to a court of law as a result of this breach, the SELLER reserves the right to seek damages from the Member for breach of the Membership Agreement.
10. WIDERRUFSRECHT
10.1. BUYER; In the event that the distance contract relates to the sale of goods, the product itself or the person / organization at the address indicated, he may do so within 14 (fourteen) days from the delivery date, on condition that the SELLER is notified without taking over exercise his right of withdrawal by refusing the goods without having to give a reason, if he is legally or criminally liable. In the case of distance contracts related to the provision of services, this period begins on the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the case of service contracts where the performance of the service has started with the consent of the consumer. The SELLER shall bear the costs arising from the exercise of the right of withdrawal. By accepting this contract, the BUYER accepts in advance that he has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail, fax or email within 14 (fourteen) days and the product must not be used within the scope of the provisions of the "Products" for which the right of withdrawal is not exercised can" in this contract. If this right is exercised,
a) The invoice of the product delivered to the third person or the BUYER (If the invoice of the product to be returned is a company, it must be sent together with the return invoice issued by the institution upon the return. Order returns whose invoices are issued on behalf of the Institutions can only be filled out if a RETURN INVOICE is issued.)
b) return form,
c) The products to be returned must be delivered complete and undamaged, along with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents owed to the BUYER to the BUYER no later than within 10 days after receipt of the declaration of withdrawal and to return the goods within 20 days.
e) In the event of a loss in value of the goods caused by the fault of the BUYER or the impossibility of taking them back, the BUYER is obliged to compensate the SELLER for the damage in the amount of the fault of the BUYER. However, the BUYER is not responsible for changes and deterioration caused by the intended use of the goods or products within the cancellation period.
f) If the campaign limit amount set by the SELLER is not reached by exercising the right of withdrawal, the discount amount used as part of the campaign will be cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH RIGHT OF WITHDRAWAL
Underwear, swimming and bikini bottoms, make-up materials, disposable products, goods that can spoil quickly or are likely to have an expiration date, that are made at the request of the BUYER or that are clearly made for personal use and are not suitable for return to the BUYER are delivered, products unsuitable for health and hygiene that must be returned if 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 for those provided under the subscription contract, instant electronic services or intangible goods delivered instantaneously to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices te, computer consumables, according to the regulation, cannot be returned if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal in relation to the services started with the consumer's consent, in accordance with the Regulation.
To return cosmetic and personal care products, lingerie products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery (toners, cartridges, tapes, etc.), their packaging must be returned unopened, untested, intact and they must be unused.
12. LATE CASE AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes to pay interest under the credit card agreement between the cardholder's bank and the bank and to be liable to the bank in the event of late payment in the event that the payment transactions are made by credit card. In this case, the responsible bank can take legal action; may recover the resulting costs and attorneys' fees from the BUYER, and in any event, if the BUYER is in default as a result of its debts, the BUYER accepts, represents and undertakes to pay the damage and loss suffered by the SELLER as a result of the delay in performance the guilt.
13. JURISDICTION
Complaints and objections to disputes arising from this contract, consumer problems at the consumer's place of residence or at the place of concluding the consumer transaction shall be addressed to the Arbitration Court or the Consumer Court within the financial limits specified in the law below. For money limit information, see below:
Valid from 05/28/2014:
a) district conciliation bodies for consumers in disputes with a value of less than 2,000.00 (two thousand) TL pursuant to Article 68 of the Consumer Protection Act No. 6502,
b) provincial consumer arbitration boards for disputes with a value of less than 3,000.00 (three thousand) TL,
c) In the provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be submitted to the provincial consumer arbitration boards. This Agreement is made for commercial purposes.
14. ENFORCEMENT
If the BUYER makes the payment for the order placed on the website, he is considered to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain a confirmation that this contract has been read and accepted by the BUYER on the website before the order is executed.
SALESPERSON:
BUYER:
DATE:
