Distance Selling Contract
- PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
- 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME- SURNAME: ADDRESS:
- 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: ADDRESS:
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.
- DEFINITIONS
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 No. 6502 on Consumer Protection,
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: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on its behalf or account,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERING PARTY: A real or legal person who requests a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in the electronic environment.
- 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 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.
- SELLER INFORMATION
Title Address Telephone Fax Email
- BUYER INFORMATION Person to be delivered Delivery Address Telephone Fax Email / username
- ORDERING PERSON INFORMATION
Name / Surname / Title
Address Telephone Fax Email / username
- CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
- The basic features (type, quantity, brand / model, color, number) of the good / product / product / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can review 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 selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product description |
Pirce |
Sub Totabl(VAT include) |
Yuriçi desi 0 |
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Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
Delivery date
Delivery method
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
- INVOICE INFORMATION
Name / Surname / Title
Address Telephone Fax Email / username Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.
- GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER, and gives the necessary confirmation in electronic environment. BUYER's; 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 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 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 accepts, 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 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 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 it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent and / or delay the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. If the order is canceled by the BUYER, the amount of the product will be paid to the BUYER in cash and in lump sum within 14 days. In 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. RECEIVER,
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 accepts and declares 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 packaging, etc. will not receive the damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person, or if a security deficit is detected in 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, the previous month's statement. 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 inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER.
9.13. The BUYER agrees 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 penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in a way that disrupts the 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 given 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 event is referred 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 agreement.
- RIGHT OF WITHDRAWAL
10.1. RECEIVER; In the event that the distance contract is related to the sale of goods, the product may use the right to withdraw from the contract by refusing the product without any legal or criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated. 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 started 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 a period of 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 party or 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. The order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
- 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 obliged 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 right of withdrawal period.
- f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11.PRODUCTS THAT CANNOT BE USED TO WITHDRAWAL
If the package of data recording and data storage devices, computer consumables, is opened by the BUYER, it is not possible to return it according to the Regulation. In addition, before the expiry 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 products, swimwear, bikinis, books, copyable 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 in case 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.
- AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee 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:
Effective from 28/05/2014:
- a) District consumer arbitration committees in disputes whose value is less than 2.000,00 (two thousand) TL in accordance with Article 68 of the Law on the Protection of Consumers No 6502,
- b) To provincial consumer arbitration committees in disputes with a value below 3.000,00 (three thousand) TL,
- c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes between 2.000.00 (two thousand) TL and 3.000.00 (three thousand) TL. This Agreement is made for commercial purposes.
- ENFORCEMENT
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.
SELLER:
RECEIVER:
HISTORY: