DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed by the following parties in accordance with the following terms and conditions.

  1. ‘RECEIVER’; (hereinafter referred to as “BUYER”)

NAME SURNAME:
ADDRESS:

  1. ‘SELLER’; (hereinafter referred to as “SELLER”)

NAME SURNAME:
ADDRESS:

By accepting this agreement, if the BUYER approves the order subject to the contract, the buyer accepts in advance that he/she will be under the obligation to pay the mentioned subject fees and any additional fees such as cargo fees and tax. 

2. DEFINITION

In the application and interpretation of this agreement, the following terms shall refer to the written explanations against them.

MINISTER: The 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: The subject of any consumer transactions other than providing goods for a fee or interest or for which they are committed to being carried out,

SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of goods offering,

BUYER: A natural or legal person who acquires, uses, or benefits from a product or service for commercial or non-professional purposes,

SITE: Website of the SELLER,

ORDERING ORDER: A natural or legal person requesting a good or service through the website of the SELLER,

PARTIES: SELLER and BUYER,

CONTRACT: This agreement concluded between the SELLER and the BUYER,

GOODS: Refers to the movable goods subject to shopping and software, sound, images, and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT

This Agreement 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 in relation to the sale and delivery of the product specified below and the purchase price of which the BUYER has ordered electronically via 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 the update is made and changed. The prices announced on time are valid until the end of the specified period. 

4. SELLER INFORMATION

Title
Address
Telephone
Fax
Email

5. BUYER INFORMATION

Person to deliver
Delivery address
Telephone
Fax
Email / username

6. ORDERING PERSON INFORMATION

Name / Surname / Title

Address
Telephone
Fax
Email/username

7. PRODUCT / PRODUCT INFORMATION ABOUT THE CONTRACT

7.1. The basic characteristics (type, quantity, brand/model, color, number) of the good / product/product service are published on the website of SELLER. If the campaign has been organized by the seller, you can review the basic features of the product during the campaign. 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 the update is made and changed. The prices announced on time are valid until the end of the specified period.

7.3. The sales price of the contracted goods or services, including all taxes, is shown below.

Product description

Piece

Unit price

Subtotal
(VAT included)

    

Shipping Amount

   

Total:

 

Payment Method and Plan

Delivery address

Person to deliver

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.

8. BILLING INFORMATION

Name / Surname / Title

Address
Telephone
Fax
Email/username

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that the SELLER has read the preliminary information about the basic characteristics, sales price and payment method, and delivery information of the subject product on the website of the SELLER and that he/she has the necessary confirmation in the electronic environment. The BUYER: Confirmation of 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, payment and delivery information also accepts and declares that the correct and complete. 

9.2. Each product subject to the contract shall be delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s location, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER is responsible for the delivery of the product subject to the contract, in full, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. 

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and expressly approving it before the expiry of the performance obligation arising from the contract.

9.5. If SELLER fails to fulfil the contractual obligations if the product or service subject to the order becomes impossible to fulfil, it shall acknowledge, declare and undertake that it shall notify the consumer in writing within 3 days of the date of learning and shall return the total price to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that the SELLER’s obligation to deliver the product subject to the contract will terminate in case the product subject to the contract is not paid and/or canceled in the bank records for any reason.

9.7. BUYER, in case of unfair use of the credit card of the BUYER after the delivery of the product subject to the contract to the BUYER or the BUYER and the person and/or organisation at the address indicated by the BUYER, the BUYER shall not be paid to the SELLER by the relevant bank or financial institution. The SELLER accepts, declares, and undertakes that he/she will refund the shipping expenses to the SELLER within 3 days. 

9.8. The SELLER accepts, declares, and undertakes that if the SELLER fails to deliver the product subject to the contract within the period due to force majeure conditions, such as the occurrence of unforeseen advance and/or delaying and/or delaying situations occurring against the will of the parties, the BUYER shall have the right to demand the cancellation of the order, replacement of the contracted product with the precedent if any, and/or postponement of the delivery period until the elimination of the preventive situation from the SELLER. In case the BUYER cancels the order, the product amount shall be paid to the BUYER in cash within 14 days. For the payments made by the BUYER by credit card, the product amount will return to the related bank within 14 days after the order is canceled by the BUYER. This process might take 2 or 3 weeks related to the bank.

9.9. SELLER, address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER on the registration form or subsequently updated by the BUYER 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 agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities against him.

9:10. The BUYER shall inspect the goods subject to the contract before receiving them. Broken, package torn, etc. damaged and defective goods might not be accepted by the BUYER. The delivered goods shall be deemed to be undamaged and intact. The obligation to protect the goods after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods should not be used. The invoice must be returned.

9:11. If the BUYER and the credit card holder used at the time of the order are not the same person, or if a security vulnerability is detected for 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 to the previous month of the credit card used in the order. The holder of the card may request the BUYER to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER obtains the information/documents subject to the request and if the forementioned 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 by the SELLER while becoming a member of the SELLER website is fair and that the SELLER shall indemnify all damages to be incurred due to the illegality of the SELLER immediately and in cash upon the first notification of the SELLER.

9:13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.

9:14. The BUYER may not use the SELLER’s website in any way disrupting public order, contrary to general morality, disturbing or harassing others, for a purpose contrary to the law, in a manner that would violate the material and moral rights of others. In addition, members 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 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 may be provided on the website of the SELLER. These links are provided for the convenience of referring to the BUYER and do not support any website or the person operating the site and the Link does not constitute a guarantee for the information contained on the website.

9:16. Any member who violates one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and penal consequences of such violations. Also, In the event that the incident is transferred to the legal field due to this violation, the SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement.

10. RIGHT TO CANCELLATION

10.1. BUYER; In the event that the distance sales agreement 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 days from the date of delivery to the person/organization at the address indicated. In distant agreements for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used in the service contracts that have started to be executed with the approval of the consumer before the right of withdrawal expires. Expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he is informed about the right of withdrawal. 

10.2. In order to exercise the right of withdrawal, the SELLER shall be notified in writing by registered mail, fax, or email within 14 (fourteen) days and the product shall not be used. If this right is used,

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 it. The invoices issued on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered in a complete and undamaged condition 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 notification of withdrawal to the BUYER and to receive the return within 20 days.

e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s defect or if the return becomes impossible, the BUYER shall be liable to compensate the damages of the SELLER at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product during the right of withdrawal.

f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.

11. PRODUCTS NOT AVAILABLE

Underwear, underwear, swimwear and bikini bottoms, make-up items, disposable products, goods which are prepared in accordance with the BUYER’s request or clearly personal needs, and which are not suitable to be returned back, goods that are in danger of rapid deterioration or the possibility of passing expiration date are delivered to the BUYER. Products that are unsuitable in terms of health and hygiene to be returned if the package is opened by the BUYER after being delivered, products which are not possible to be separated due to their nature and mixed with other products after delivery, goods related to periodicals such as newspapers and magazines, other than those provided within the scope of subscription agreement, is performed immediately in an electronic environment. 

Before the expiration of the right of withdrawal, the right of withdrawal of the services started with the approval of the consumer is not possible.

Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can be returned unpacked, untested, unspoiled and must not be used.

12. STATUTORY AND LEGAL RESULTS

If the BUYER fails in the case of payment by credit card, the BUYER accepts, declares, and undertakes that he/she will pay interest under the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may apply legal remedies; and in case the BUYER is defaulted due to the debt, the BUYER accepts, declares, and undertakes that the SELLER will pay the loss and loss due to the delayed performance of the debt.

13. AUTHORIZED COURT

Complaints and objections in disputes arising from this agreement shall be made to the arbitral tribunal or consumer court where the consumer settlements or consumer transactions are located within the monetary limits specified in the following law. Information on the monetary limit is as follows:

Effective from 28/05/2014:

a) To the consumer arbitration committees of districts in case of disputes with a value less than 2.000,00 (two thousand) TL in accordance with Article 68 of the Law on Consumer Protection numbered 6502,

b) Provincial consumer arbitration committees for disputes whose value is less than 3.000,00 (three thousand) TL,

c) In cities with metropolitan status, the disputes between the value of 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL are applied to provincial consumer arbitration committees.
This Agreement is for commercial purposes.

14. ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, it shall be deemed to have accepted all the terms of this agreement. The SELLER shall be obliged to make the necessary software arrangements in order to receive confirmation that the BUYER has read and accepted this agreement on the site prior to the realisation of the order.

SELLER:

RECEIVER:

HISTORY:

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