DISTANCE SALES AGREEMENT

  1. PARTIES
    This Agreement is executed between the following parties under the terms and conditions stated below.

‘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, if the order subject to the contract is confirmed, the BUYER shall be obligated to pay the order amount and any additional charges such as shipping fees and taxes, if any, and has been informed accordingly.

  1. DEFINITIONS
    In the implementation and interpretation of this agreement, the following terms shall have the meanings indicated next to them:
  • MINISTER: Minister of Customs and Trade,

  • MINISTRY: Ministry of Customs and Trade,

  • LAW: Consumer Protection Law No. 6502,

  • REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

  • SERVICE: Any consumer transaction other than the supply of goods performed or committed to be performed in exchange for a fee or benefit,

  • SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf or account of the provider,

  • 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 SELLER’s website,

  • ORDERING PARTY: A natural or legal person who requests a good or service via the SELLER’s website,

  • PARTIES: Refers collectively to the SELLER and the BUYER,

  • AGREEMENT: This agreement executed between the SELLER and the BUYER,

  • GOODS: Movable property subject to purchase and intangible goods such as software, audio, video, and similar prepared for use in electronic media.

  1. SUBJECT
    This Agreement regulates the rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose specifications and sales price are stated below, ordered by the BUYER through the SELLER’s website.

The listed and announced prices on the site are the sale prices. These prices and offers remain valid until updated or changed. Time-limited prices are valid until the specified end date.

  1. SELLER INFORMATION
    Company Name:
    Address:
    Phone:
    Fax:
    Email:
  2. BUYER INFORMATION
    Recipient:
    Delivery Address:
    Phone:
    Email/Username:
  3. ORDERING PARTY INFORMATION
    Name/Surname/Title:
    Address:
    Phone:
    Email/Username:
  4. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

7.1 The main characteristics (type, quantity, brand/model, unit count) of the goods/services are published on the SELLER’s website. If a campaign has been organized by the SELLER, the relevant product’s basic features can be reviewed during the campaign period. Valid until the campaign end date.

7.2 The listed and announced prices on the website are the sales prices. These prices and offers remain valid until updated or changed. Time-limited prices are valid until the specified end date.

7.3 The total sales price of the product or service, including all taxes, is shown below.

  • Product Description

  • Quantity

  • Unit Price

  • Subtotal (VAT Included)

Shipping Cost

Total:

  • Payment Method and Plan

  • Delivery Address

  • Recipient

  • Billing Address

  • Order Date

  • Delivery Date

  • Delivery Method

7.4 The shipping fee, which is the product shipment cost, will be paid by the BUYER.

  1. BILLING INFORMATION
    Name/Surname/Title:
    Address:
    Phone:
    Email/Username:

Invoice Delivery: The invoice will be delivered together with the order to the billing address during the delivery of the order.

9. GENERAL PROVISIONS

9.1. The BUYER declares, acknowledges, and undertakes that they have read and been informed of the basic characteristics of the product subject to the contract, the sales price, payment method, and delivery details on the SELLER’s website, and that they have provided the necessary confirmation in the electronic environment. The BUYER confirms that they have obtained the SELLER’s address, the essential features of the ordered product, the price including taxes, and payment and delivery details before the establishment of this distance sales contract by electronically confirming the Preliminary Information.

9.2. Each product subject to the contract will be delivered within 30 days at the latest, depending on the BUYER’s location, to the BUYER or the person/institution at the address indicated by the BUYER, as specified in the preliminary information on the website. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the specifications in the order, along with any warranty certificates, user manuals, and other relevant information and documents, in a sound and standard-compliant manner, free of defects, and in accordance with legal regulations and the principles of honesty and good faith. The SELLER also undertakes to maintain and improve service quality, exercise due care during service, and act prudently and foreseeably.

9.4. Before the fulfillment of their contractual obligations, the SELLER may, with the BUYER’s clear consent and after providing information, supply another product of equal quality and price.

9.5. If fulfilling the order becomes impossible, the SELLER shall notify the BUYER in writing within 3 days of becoming aware of the issue and refund the total amount paid by the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that if the price of the product is not paid for any reason or is canceled in bank records, the SELLER shall have no obligation to deliver the product.

9.7. If, after delivery to the BUYER or the designated person/institution, the BUYER’s credit card is fraudulently used by unauthorized persons and the bank or financial institution does not pay the SELLER, the BUYER agrees to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. In cases of force majeure that prevent or delay fulfillment of obligations (unforeseeable events beyond the control of the parties), the SELLER agrees to inform the BUYER. The BUYER may request order cancellation, replacement with an equivalent product, or a postponement of delivery until the hindrance is removed. In case of cancellation, if payment was made in cash, the amount will be refunded within 14 days. If paid by credit card, the amount will be refunded to the relevant bank within 14 days of the cancellation. The BUYER acknowledges that the bank’s process may take 2-3 weeks and agrees that the SELLER is not responsible for any delays due to the bank.

9.9. The SELLER has the right to communicate with the BUYER for marketing, notifications, and other purposes via letter, email, SMS, phone call, or other means using the contact information provided by the BUYER. By accepting this agreement, the BUYER agrees to such communications.

9.10. The BUYER must inspect the product/service upon delivery and refuse items that are damaged or defective (e.g., dented, broken, torn packaging). Products/services accepted without inspection will be deemed delivered in good condition. After delivery, the responsibility to protect the product lies with the BUYER. If the right of withdrawal is to be exercised, the product must not be used, and the invoice must be returned.

9.11. If the cardholder of the credit card used for the order is not the same as the BUYER, or if there is a security issue with the card before delivery, the SELLER may request identification and contact details of the cardholder, the previous month’s statement, or a letter from the bank verifying ownership of the card. The order will be suspended until these documents are provided. If not provided within 24 hours, the SELLER reserves 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 they will immediately compensate for any losses incurred by the SELLER due to incorrect information.

9.13. The BUYER agrees in advance to comply with legal regulations while using the SELLER’s website and not to violate them. The BUYER bears full legal and criminal responsibility for any violations.

9.14. The BUYER shall not use the SELLER’s website in a way that disrupts public order, violates general morals, disturbs or harasses others, serves illegal purposes, or infringes on the material and moral rights of others. The BUYER also agrees not to engage in activities that prevent or hinder others from using the services (e.g., spam, viruses, trojans, etc.).

9.15. The SELLER’s website may contain links to third-party websites or content not under the control of the SELLER. These links are provided for convenience and do not imply endorsement or guarantee the accuracy of the linked websites.

9.16. The BUYER is personally liable for any legal or penal consequences arising from violating the clauses in this agreement and shall hold the SELLER harmless. If legal proceedings are initiated due to such violations, the SELLER reserves the right to claim compensation for damages resulting from breach of the membership agreement.

  1. RIGHT OF WITHDRAWAL
    10.1. In the case of distance contracts for 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 them or to the person/institution at the address indicated, by notifying the SELLER, without assuming any legal or penal liability and without giving any reason. For distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised for service contracts where the performance of the service has begun with the consumer’s approval before the withdrawal period expires. Costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
    10.2. In order to exercise the right of withdrawal, written notification must be sent to the SELLER by registered mail with return receipt, fax, or email within the 14-day period, and the product must not have been used under the provisions of “Products for Which the Right of Withdrawal Cannot Be Used” as regulated in this agreement. If this right is exercised:
    a) The invoice for the product delivered to the BUYER or a third party must be returned. (If the invoice of the product to be returned is issued to a company, a return invoice issued by the company must also be sent. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
    b) The return form must be completed.
    c) The product to be returned must be delivered complete and undamaged, along with its box, packaging, and standard accessories, if any.
    d) The SELLER is obliged to return the total amount and the documents binding the BUYER within 10 days of receiving the withdrawal notice, and to accept the return of the goods within 20 days.
    e) If there is a decrease in the value of the product due to the BUYER’s fault or if the return becomes impossible, the BUYER is liable to compensate the SELLER’s losses to the extent of their fault. However, the BUYER is not liable for changes or deterioration caused by the proper use of the product within the withdrawal period.
    f) If the right of withdrawal is used and the total amount of the order falls below the campaign limit set by the SELLER, the discount used within the scope of the campaign will be canceled.
  2. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
    Products that are prepared in line with the BUYER’s request or clearly according to their personal needs, products that are not suitable for return due to hygiene reasons, such as lower parts of underwear, swimsuits, bikini bottoms, makeup products, single-use items, perishable goods, or products that may expire, cannot be returned if their packaging is opened by the BUYER after delivery.
    Products that have been mixed with other items and cannot be separated due to their nature, periodicals such as newspapers and magazines (other than those provided under a subscription agreement), services performed instantly in the electronic environment, or intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data storage and data recording devices, and computer consumables whose packaging has been opened by the BUYER, cannot be returned under the Regulation.
    Likewise, the right of withdrawal cannot be exercised for services where performance has begun with the consumer’s approval before the end of the withdrawal period.
    Cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, unused, untested, and undamaged.
  3. DEFAULT AND LEGAL CONSEQUENCES
    If the BUYER defaults on payments made via credit card, they agree, declare, and undertake to pay interest and be liable to the bank within the framework of the credit card agreement with the card issuer bank. In such cases, the relevant bank may resort to legal proceedings; the expenses and attorney’s fees arising from such actions may be claimed from the BUYER. In any case of default due to the BUYER’s indebtedness, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages and losses resulting from the delayed fulfillment of the debt.
  4. COMPETENT COURT
    In disputes arising from this agreement, complaints and objections may be submitted to the consumer arbitration committee or the consumer court located in the BUYER’s place of residence or where the consumer transaction was carried out, within the monetary limits defined below:
    Effective from 28/05/2014:
    a) For disputes with a value below 2,000.00 TL, applications can be made to district consumer arbitration committees.
    b) For disputes below 3,000.00 TL, applications can be made to provincial consumer arbitration committees.
    c) In provinces with metropolitan status, disputes valued between 2,000.00 TL and 3,000.00 TL can be submitted to provincial consumer arbitration committees.
    This Agreement is made for commercial purposes.

14. ENFORCEMENT
By making payment for the order placed through the Site, the BUYER shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that this agreement is read and approved by the BUYER on the Site before the order is finalized.

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