DISTANCE SALES CONTRACT
This Agreement has been signed between the following parties under the terms and conditions set out below.
A.’BUYER’; (hereinafter referred to as “BUYER” in the contract)
B.’SELLER’; (hereinafter referred to as “SELLER” in the contract)
By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees such as shipping fees, taxes, if any, and that he/she has been informed in this regard.
In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them.
MINISTER The Minister of Customs and Trade,
MINISTRY Ministry of Customs and Trade,
LAW Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: Any consumer transaction, other than the provision of goods, which is performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the seller,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDER GIVER: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
This Agreement 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 ordered electronically through the SELLER’s website.
The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. VENDOR INFORMATION
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic qualities of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER, and that he / she has given the necessary confirmation electronically. BUYER; 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, payment and delivery information, accepts, declares and undertakes that it has obtained the correct and complete information.
9.2. Each product subject to the contract is 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 of the BUYER’s settlement, provided that it does not exceed the 30-day legal period. 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 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, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit consent before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date it learns about this situation and that it will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if the price of the product subject to the contract is not paid for any reason and / or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares and undertakes that 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 unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the Contract to the BUYER or the person and / or organization at the address indicated by the BUYER, the BUYER agrees, declares and undertakes that the product subject to the Contract will be returned to the SELLER within 3 days at the expense of 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 the contract period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen in advance and preventing and / or delaying the parties from fulfilling their obligations. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. For 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. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER’s accounts after the return of this amount to the bank is completely related to the bank transaction process, and that 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 by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving it; dented, broken, torn packaging, etc. will not receive the damaged and defective goods / services 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 used, the goods/service should 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 vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the 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 provided by the SELLER while becoming a member of the SELLER’s website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning 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 shall be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morality, disturbs and harasses others, for an illegal purpose, in a way that violates the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the website of the SELLER, links may be given to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that website 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 is personally criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In case the distance contract is for the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated by him, he may exercise his right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification, provided that he notifies the SELLER. In the case of distance contracts for the provision of services, this period starts from the date the contract is signed. Before the expiration of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of “Products that cannot be used for the Right of Withdrawal” regulated in this contract. If this right is exercised,
a) 3. The invoice of the product delivered to the person 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. Order returns whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not 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 to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration that occur due to the proper use of the goods or products within the right of withdrawal.
f) In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
Underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, 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 mix with other products after delivery and cannot be separated by nature, Except for those provided within the scope of the subscription agreement, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic media or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging is opened by the BUYER, the return is not possible in accordance with the Regulation. In addition, before the expiration of the right of withdrawal period, it is not possible to exercise the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes 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 apply for legal remedies; may request the costs and attorney fees from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER accepts, declares and undertakes that the BUYER will pay the damage and loss incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT 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’s residence 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 as of 28/05/2014:
a) Article 68 of the Law No. 6502 on Consumer Protection Pursuant to Article 2.000,00 (two thousand) to the district consumer arbitration committees in disputes with a value of less than TL,
b) 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 for disputes between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.