DISTANCE SALES AGREEMENT
DISTANCE SELLING AGREEMENT
ARTICLE 1- PARTIES
This Agreement has been signed between the parties below, within the framework of the provisions and conditions specified below.
1.1 SELLER
Trade Name:
Address:
Phone:
Email:
1.2 BUYER
Name/Surname/Title:
Address:
Phone:
Email:
ARTICLE 2- DEFINITIONS
In the application and interpretation of this agreement, the terms below will express the explanations written next to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject matter of any consumer transaction made for a fee or benefit other than providing goods,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf of the entity offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The natural or legal person who requests a good or service from the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract entered into between the SELLER and the BUYER,
GOOD: Movable property subject to purchase and intangible goods such as software, sound, image, and similar, prepared for use in electronic media.
ARTICLE 3- SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product with the qualifications and sales price specified below, which the BUYER has ordered electronically through the SELLER's website, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The Distance Selling Agreement has been prepared in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
ARTICLE 4- GENERAL PROVISIONS
4.1- The basic features of the product/products (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
4.2- The listed prices and the prices announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a specific period are valid until the end of the specified period.
4.3- The total sales price, including all taxes, of the product or service subject to the contract is shown below.
Date:
Product Name Quantity Total Amount
VAT
Shipping Fee
Grand Total
INVOICE DETAILS
Payment Method:
Delivery Address:
Recipient:
Billing Address:
Shipping Cost:
ARTICLE 5- DELIVERY METHOD
5.1- The contract will enter into force with the electronic approval of the Contract by the Buyer. The contract is deemed to be fulfilled when the Goods purchased by the Buyer from the Seller are delivered to the Buyer. The Goods will be delivered to the address and the authorized person(s) specified by the Buyer.
5.2- If the BUYER (the person to whom the delivery will be made) is not present when the order is delivered, the delivery can be made to individuals who can deliver the order to the BUYER by obtaining their names and signatures. Information about the person receiving the order is communicated to the sender (BUYER) via SMS and email. Deliveries to official and private institutions are made within the framework of the delivery procedures of the institutions.
ARTICLE 6- DECLARATIONS AND UNDERTAKINGS OF THE BUYER
6.1- The BUYER acknowledges, declares, and undertakes that they have received the preliminary information regarding the essential qualities of the products, the sales price including all taxes and payment methods, as well as delivery and the right of withdrawal, and the terms of use, that they have read and understood this information, and provided the necessary confirmations-approvals for the electronic sales.
6.2- The BUYER undertakes to confirm this Agreement electronically for the delivery of the contracted product. In the event of non-payment of the product price for any reason or cancellation in the bank records, the BUYER acknowledges, declares, and undertakes that the SELLER's obligation to deliver the product will end.
6.3- The BUYER will inspect the product before taking delivery; damaged, broken, torn packaging, etc., and will not accept damaged or defective goods from the shipping company. The received product will be deemed undamaged and in good condition.
After delivery, the obligation to protect the product with care belongs to the BUYER. If the right of withdrawal is to be exercised, the product should not be used, and the invoice must be returned.
6.4- In the event that the credit card holder used during the order is not the same person as the BUYER or if there is a security gap related to the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a written statement from the bank stating that the credit card belongs to the cardholder. If the requested information/documents are not provided by the BUYER within the specified period, the order will be frozen, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
6.5- The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SELLER's website is accurate, and in case of any inconsistency, the BUYER will immediately, in cash and at once, compensate all damages that the SELLER may incur upon the first notification by the SELLER.
6.6- The BUYER undertakes to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal responsibilities that may arise will be entirely and exclusively binding on the BUYER.
6.7- The BUYER agrees not to use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, or is for an illegal purpose, and not to engage in activities that prevent or make it difficult for others to use the services (spam, virus, Trojan horse, etc.). In addition, the BUYER cannot engage in activities that violate the rights of others in terms of material and moral aspects.
6.8- If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the recipient refuses to accept the delivery.
ARTICLE 7- DECLARATIONS AND UNDERTAKINGS OF THE SELLER
7.1- Each product subject to the contract will be delivered to the BUYER or the person/entity indicated by the BUYER at the address specified by the BUYER, depending on the distance of the BUYER's residence, within the period specified in the preliminary information section on the website. If the SELLER violates this obligation, the BUYER may terminate this contract.
In the event of termination of the contract, the SELLER undertakes to refund all payments received, including delivery costs, within 14 (fourteen) days from the date the termination notice reaches the SELLER, together with the statutory interest specified within the relevant legislation, and return any valuable documents and similar documents that put the consumer under an obligation.
7.2- If the SELLER cannot fulfill the obligations of the contract in case the performance of the product or service subject to the contract becomes impossible, the SELLER accepts, declares, and undertakes that it will notify the BUYER in writing and with a permanent data storage device within 3 days from the date of learning, and within 14 days, it will refund the total amount to the BUYER, including delivery costs. The situation of the stock shortage will not be considered as the impossibility of performing the product.
7.3- The SELLER is responsible for the loss and damages that may occur until the delivery of the product to the BUYER or the third party designated by the BUYER. In case of transportation by a carrier other than the one determined by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the delivery of the product to the relevant carrier.
7.4- The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the specified qualities in the order, and with warranty documents, usage manuals, and all necessary information and documents according to legal requirements, in a sound, standard manner, in accordance with the principles of accuracy and honesty, to maintain and improve the quality of the service, to show the necessary care and diligence during the performance of the work, and to act with caution and foresight. The SELLER accepts, declares, and undertakes to perform the work in accordance with legal requirements, free from any defects other than those specified in the contract.
7.5- The SELLER may, based on a justifiable reason and by informing the BUYER and obtaining explicit consent, supply a different product at an equal quality and price before the expiration of the performance obligation period specified in the contract.
7.6- In case of force majeure events that prevent or delay the fulfillment of the contractual obligations, the SELLER agrees, declares, and undertakes to notify the BUYER in writing. The BUYER also has the right to request the cancellation of the order, replacement of the contract product with its equivalent if available, and/or the postponement of the delivery period until the obstacle preventing performance is eliminated. In case of cancellation of the order by the BUYER, in cash payments made by the BUYER, the product amount will be refunded within 14 days after the cancellation by the BUYER. In payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the reflection of the refunded amount to the accounts of the BUYER after the return of the amount to the bank is entirely related to the bank transaction process, and the BUYER cannot hold the SELLER responsible for any possible delays.
7.7- The SELLER has the right to contact the BUYER through letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes via the 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 later by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.
7.8- Through
the SELLER's website, links to other websites and/or content owned and/or operated by third parties, which are not under the control of the SELLER, may be provided. These links are placed to facilitate the redirection of the BUYER and do not imply any endorsement of the website or the person operating that site, and do not guarantee the information contained on that website.
7.9- The member who violates one or more of the articles listed in this contract is personally responsible for the violation, and the BUYER undertakes to indemnify the SELLER for any legal and criminal consequences arising from these violations. In addition, in the event that the incident is brought into the legal field due to the violation, the SELLER reserves the right to claim compensation for failure to comply with the membership agreement.
ARTICLE 8- RIGHT OF WITHDRAWAL
In accordance with the relevant provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts:
8.1- The BUYER, in distance contracts related to the sale of goods, has the right to withdraw from the contract without stating any reason and without any penalty within 14 (fourteen) days from the date of receiving the goods. However, the BUYER can also exercise the right of withdrawal during the period from the establishment of this Agreement until the delivery of the goods. It is sufficient for the notification of the exercise of the right of withdrawal to be directed to the SELLER in writing or by means of a permanent data storage device within this period. Additionally, in order for the BUYER to exercise the right of withdrawal, the BUYER must also deliver the invoice of the product to the shipping company.
8.2- The determination of the withdrawal period is as follows:
a) In the case of goods delivered separately in a single order, the day the consumer or the third party designated by the consumer receives the last item,
b) In the case of goods consisting of multiple parts, the day the consumer or the third party designated by the consumer receives the last part,
c) In contracts where the regular delivery of the goods is made over a certain period, the day the consumer or the third party designated by the consumer receives the first item is considered.
8.3- In case the BUYER exercises the right of withdrawal, the SELLER is obliged to refund the total amount received and all valuable documents and similar documents that put the consumer under an obligation to the consumer within 14 (fourteen) days at the latest from the date the withdrawal notification reaches the SELLER.
8.4- If the BUYER returns the product through the carrier specified by the SELLER for the return in case of exercising the right of withdrawal, the BUYER cannot be held responsible for the return expenses. If the SELLER does not specify any carrier for the return in the preliminary information, no fee can be requested from the BUYER regarding the return expense. In case the carrier specified in the preliminary information does not have a branch where the BUYER is located, the SELLER is obliged to ensure the retrieval of the product to be returned without any additional cost.
8.5- The BUYER must return the product to the seller within 10 (ten) days from the date on which the consumer sends the notification of exercising the right of withdrawal, unless the seller makes an offer to collect the goods himself.
8.6- The BUYER will not be responsible for any changes and deterioration that may occur if the BUYER uses the product in accordance with its operation, technical specifications, and usage instructions when exercising the right of withdrawal.
8.7- The right of withdrawal does not apply to:
a) Goods prepared in line with the consumer's requests or personal needs,
b) Delivery of perishable or expired goods,
c) Delivery of goods that are not suitable for return due to health and hygiene concerns if the protective elements such as packaging, tape, seal, and package have been opened after delivery,
d) Delivery of goods mixed with other products after delivery, and goods that cannot be separated due to their nature,
e) Books, digital content, and computer consumables presented in physical environment, the packaging, tape, seal, and package of which have been opened after delivery,
f) Delivery of periodicals such as newspapers and magazines in the scope of subscription agreements,
g) Contracts for services to be performed on a specific date or period, such as accommodation, moving of goods, car rental, food and beverage supply, and entertainment or use of leisure time for rest purposes,
h) Services that are performed instantly in electronic media or non-material goods delivered instantly to the consumer,
i) Services that are started with the approval of the consumer before the expiration of the right of withdrawal, and
j) Contracts for goods or services whose prices depend on fluctuations in financial markets and are not under the control of the seller or provider.
ARTICLE 9- DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment transactions made with a credit card, the BUYER agrees, declares, and undertakes that they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves and be liable to the bank. In this case, the relevant bank may apply to legal remedies; the BUYER may be required to pay the expenses incurred and the attorney's fee, and in any case, if the BUYER defaults on the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damages incurred by the SELLER due to the delayed performance of the debt.
ARTICLE 10- RESOLUTION OF DISPUTES
In case of disputes arising from this agreement, complaints and objections can be filed with the consumer problems arbitration board and consumer court where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law.
ARTICLE 11- EFFECTIVENESS
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, with the characteristics and sales price, which the BUYER orders electronically through the website of the SELLER, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts. The Distance Sales Agreement in question has been prepared in accordance with the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts. The parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, in accordance with the contract.
This agreement, consisting of 11 (eleven) articles, was read and accepted by the parties; it was concluded on the date of approval received electronically by the buyer and entered into force.
SELLER
BUYER
Name/Surname:
Date