DISTANCE SALES CONTRACT
This Agreement has been signed between the following parties in a virtual environment under the terms and conditions stated below.
- ‘BUYER'; (hereinafter referred to as “BUYER”)
- ‘SELLER'; (hereinafter referred to as “SELLER”)
By accepting this pre-information form, the BUYER acknowledges to be obliged to pay the price subject to order and shipment fee if exists, and additional charges such as taxes and to have been informed in advance regarding this matter.
In the implementation and interpretation of this contract, the following written places shall refer to the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: THE MINISTRY of Customs and Trade,
LAW: LAW No. 6502 on the Protection of the Consumer,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: Any kind of consumer transaction other than the provision of goods made or undertaken against a fee or benefit,
SELLER: A company providing goods to the customer or acting on behalf of or in the name of the good provider,
BUYER: A natural or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
WEBSITE: refers to the website of the seller,
ORDERER: A real or legal person who requests a good or service through the website of the seller,
PARTIES: SELLER and BUYER,
AGREEMENT: This Agreement concluded between SELLER and BUYER,
GOODS: It refers to movable goods subject to the purchase and software, sound, image and similar intangible goods prepared for use in an electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of 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 website are the sales price. The announced prices and commitments are valid until they are updated and modified. The prices announced to be temporary are valid until the end of the specified period.
- SELLER INFORMATION
Phone: TO BE ARRANGED
Email: [email protected]
- BUYER INFORMATION
Person to be delivered:
- ORDERING PERSON INFORMATION
- INFORMATION ON THE PRODUCT (S) SUBJECT TO THE AGREEMENT
- The basic characteristics of the goods/products/services (type, quantity, brand/model, colour, number) are published on the website of the seller. If the campaign is regulated by the seller, you can review the basic features of the product during the campaign. Valid until the date of the campaign.
- The prices listed and announced on the website are the sales price. The announced prices and commitments are valid until they are updated and modified. The prices announced to be temporary are valid until the end of the specified period.
- The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Subtotal (VAT Included):
Online / Online Delivery Amount: 0.00 TL
Payment Method and Plan
Delivery Method: Online / Online Delivery
- There is no product shipment. The product is delivered with Online /Online Delivery.
- GENERAL PROVISIONS
8.1 The BUYER accepts, declares and commits that he/she has read and has been informed about the basic qualifications, sales price and payment method of the product subject to agreement and preliminary information about the delivery and approved electronically as required.
The BUYER declares and undertakes to confirm the Preliminary Information in electronic form and before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price including the tax of the products and the payment and delivery information correctly and completely.
8.2 Each product subject to the contract is delivered online, provided that it does not exceed the legal period of 30 days, and if this period is exceeded, the BUYER may cancel the contract.
8.3 The SELLER accepts declares and undertakes to act with prudence and foresight to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, and the information and documents required by the job, to carry out the work in accordance with the standards, in accordance with the legal regulations, free from all kinds of defects, within the principles of honesty and honesty and to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
8.4 The SELLER may provide a product having an equal quality and price with the explicit approval and information of the BUYER before the contractual performance obligation expires.
8.5 The SELLER accepts, declares and commits that if the fulfilment of the service or product subject to the order becomes impossible, the consumer shall be notified in writing within 3 days from the date of being informed about this issue and shall return the total cost to the BUYER within a period of 14 days.
8.6 The BUYER agrees to declare and commits to confirm this Pre-Information form electronically for the delivery of the product subject to the contract and the SELLER shall terminate the obligation to deliver the product subject to the contract if for any reason the total price of the contracted product is not paid and/or cancelled in the bank records.
8.7 THE SELLER delivers the product online, otherwise he returns it if the legal liability period is exceeded.
8.8 The SELLER accepts, declares and commits to inform the BUYER about the situation if the product of the Agreement cannot be delivered in due time due to force majeure conditions such as the existence of unforeseeable conditions preventing and/or causing a delay for the parties to fulfil their obligations.
The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case of the cancellation of the order by the BUYER, the payments made by the BUYER in cash, the amount of the service is paid to the BUYER in cash and lump sum within 14 days. In the case of the payments made by the credit card of the BUYER, the amount of the product will be returned to the bank within 14 days of the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the process of the average period for the return of the amount returned to the credit card by the SELLER to the Buyer account by the bank can be 2-3 weeks and since depositing this amount to the accounts of the CONSUMER after this amount is returned the bank, is completely related to the bank process, the BUYER shall not hold the SELLER responsible for possible delays.
8.9 SELLER has access to the address, email address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or subsequently updated by the BUYER via mail, e-mail, SMS, telephone conversation and other means of communication, marketing, notification and other purposes. The BUYER accepts and agrees that the SELLER may make the above-mentioned communication activities for him/her.
8.10 If the customer who made the order and the credit card holder used during the order are not the same person or the product is identified with the credit card used in the order before the product is delivered to the BUYER, the SELLER may ask for the identity of the cardholder and the contact details of the credit card holder, or to submit a letter from the cardholder's bank stating that the credit card belongs to BUYER. The order will be freed up to the time that the BUYER receives the information/documents requested by the customer, and if the demands are not received within 24 hours, the SELLER has the right to cancel the order.
8.11 THE buyer declares and undertakes that the personal and other information given by the seller while creating an order from the website is true and that he/she will immediately, in cash and at once compensate upon the first notification of the seller.
8. 12 The BUYER agrees and undertakes to comply with the provisions of the legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations will be fully and exclusively connected to the BUYER.
8.13 The BUYER shall not use the website of the SELLER in any way to infringe the public order, violate the general morality, disturb and harass others, for an unlawful purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent or make others use the services.
8.14 The website of the SELLER may be linked to other websites and/or other content owned and/or operated by third parties under the SELLER's control and/or otherwise. These links have been placed to provide 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.
8.15 The BUYER, who violates one or more of the articles mentioned in this contract shall be personally and criminally liable for the breach thereof and shall keep the SELLER free from the legal and criminal consequences of such violations. Also; In the event that the case is referred to the court due to this violation, SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
- RIGHT OF RETRACT
9.1. BUYER may use his right of withdrawal from the distance contracts relating to the sale of the product within 14 (fourteen) days from the date of delivery to the Buyer or to the person/organization indicated by the BUYER without taking any legal and criminal responsibility and without giving any justification. In the case of distance contracts related to service offerings, this period starts as of the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal may not be used in the service contracts that are executed 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 to have been informed about the right of withdrawal by accepting this agreement.
9.2 In order to exercise the right of withdrawal, the seller must be notified in writing 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 the "Products for which the Right of Withdrawal will not be used" regulated in this contract. In case this right is used,
- 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 with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
- return form,
- The box, and packaging of the product to be returned should be delivered complete and undamaged with the standard accessories.
- The SELLER is obliged to return the total cost and documents which obligates the BUYER at the latest within 10 days from the receipt of the withdrawal notification and obliged to accept the return of the goods within 20 days.
- If there is a reduction in the product value because of a defect of the BUYER or the return becomes impossible, the BUYER is liable for indemnifying the damages of the SELLER at the rate of the defects. The BUYER shall not be liable for any changes and deteriorations that may occur if the products are used in accordance with their operation, technical specifications and usage instructions within the right of the withdrawal period.
- In case of going below the campaign limit amount issued by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign shall be cancelled.
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL WILL NOT BE USED
All products sold on the buyer's website are online service products and are non-refundable.
- DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER defaults in the case of payment by credit card, the cardholder agrees, declares and undertakes that he/she will pay the interest within the framework of the credit card agreement with the bank and be responsible to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares, and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
- COMPETENT COURT
Complaints and objections in disputes arising out of the present contract shall be made within the monetary limits determined annually, where the consumer's place of residence or where the consumer transaction is carried out shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is as follows:
To be effective as of the date of 28/05/2014:
- In accordance with article 68 of the Consumer Protection Law No 6502, Should apply to the district consumer arbitration committees for the disputes under 2.000,00 (two-thousand),
- Should apply to the provincial consumer arbitration committees for the disputes under 3.000,00 (three thousand) TL,
- Should apply to the provincial consumer arbitration committees for the disputes between 2.000,00 (two thousand) and 3.000,00 (three thousand) TL) in provinces having metropolitan status.
This Agreement is signed for commercial purposes.
The CONSUMER shall be deemed to have accepted all the terms of this contract when it has made the payment of the order given on the site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the contract has been read and accepted by the BUYER on the site before the realization of the order.