Distance Sales Agreement

Distance Sales Agreement

1. PARTIES

This Agreement has been executed between the parties below, under the terms and conditions set forth herein.

"BUYER"; (hereinafter referred to as the "BUYER" in this Agreement)

NAME-SURNAME:
ADDRESS:

"SELLER"; (hereinafter referred to as the "SELLER" in this Agreement)

NAME-SURNAME: ...

TAX ID NO:

ADDRESS:...

PHONE:

FAX:

By accepting this Agreement, the BUYER acknowledges in advance that, if the BUYER confirms the order subject to this Agreement, the BUYER will be obligated to pay the order amount and, if applicable, any additional fees specified such as shipping fees and taxes, and that the BUYER has been informed in this regard.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms shall mean the written explanations set forth opposite them.

MINISTER: The Minister of Customs and Trade (Turkey),

MINISTRY: The Ministry of Customs and Trade (Turkey),

LAW: Law No. 6502 on the Protection of Consumers (Turkey),

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

SERVICE: The subject of any consumer transaction other than the supply of goods, 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 that acts on behalf of or for the account of the party offering goods,

BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDER PLACER: The real or legal person who requests a good or service through the SELLER's website,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This Agreement concluded between the SELLER and the BUYER,

GOODS: Refers to movable property subject to shopping, as well as software, audio, visual, and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the Parties, pursuant to Law No. 6502 on the Protection of Consumers (Turkey) and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sale price are specified below, which the BUYER orders electronically through the SELLER's website.

The prices listed and announced on the site are sale prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.

4. SELLER INFORMATION

Title: ...

Address:...
Phone:
Fax
Email: ...

5. BUYER INFORMATION

Person to be delivered to

Delivery Address

Phone
Fax
Email/username

6. ORDER PLACER INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the SELLER's website. If a campaign is organized by the Seller, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2. The prices listed and announced on the site are sale prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.

7.3. The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.

Payment Method and Plan

Delivery Address

Person to be delivered to

Billing Address

Order Date

Delivery date

Delivery method

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

8. INVOICE INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username

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

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that the BUYER has read and is informed about the pre-contractual information on the SELLER's website regarding the basic characteristics of the product subject to the Agreement, the sale price and method of payment, and the delivery, and that the BUYER has provided the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that, by confirming the Pre-Contractual Information electronically, before the establishment of the distance sales agreement, the BUYER has also obtained, accurately and completely, the address that must be provided by the SELLER to the BUYER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that this period does not exceed the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER’s right to terminate the Agreement is reserved.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in conformity with the specifications stated in the order, together with any warranty certificates, user manuals, and the information and documents required for the work; to perform its obligations within the principles of accuracy and good faith by providing the product free from any defects, in a sound manner and in compliance with the requirements of applicable legislation and standards; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act with prudence and foresight.

9.4. The SELLER may, by informing the BUYER and obtaining the BUYER’s explicit approval before the performance obligation arising from the Agreement expires, supply a different product of equal quality and price.

9.5. If performance of the ordered product or service becomes impossible and the SELLER cannot fulfill its contractual obligations, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it becomes aware of such situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that the BUYER will confirm this Agreement electronically for delivery of the product subject to the Agreement, and that if, for any reason, the price of the product subject to the Agreement is not paid and/or is canceled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall terminate.

9.7. The BUYER accepts, declares, and undertakes that, if after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address designated by the BUYER, the product price subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to unfair unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the Agreement within the term due to force majeure events such as circumstances that develop beyond the parties’ will, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER has the right to request from the SELLER cancellation of the order, replacement of the product subject to the Agreement with its equivalent, if any, and/or postponement of the delivery period until the preventing circumstance is eliminated. If the order is canceled by the BUYER, for payments made in cash by the BUYER, the product amount is paid to the BUYER in cash and in one lump sum within 14 days. For payments made by the BUYER via credit card, the product amount is refunded 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 for the amount refunded to the credit card by the SELLER to be reflected by the bank in the BUYER’s account may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER’s accounts after it is refunded to the bank is entirely related to the bank’s transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes via the address, email address, landline and mobile phone lines, and other contact information stated by the BUYER in the site registration form or later updated by the BUYER, through letter, email, SMS, phone call, and other means. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities stated above toward the BUYER.

9.10. Before receiving delivery of the goods/service subject to the Agreement, the BUYER shall inspect it and shall not accept delivery from the shipping company of damaged or defective goods/service such as dented, broken, torn packaging, etc. The received goods/service shall be deemed undamaged and intact. After delivery, the obligation to protect the goods/service with due care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.

9.11. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request that the BUYER provide the credit card holder’s identity and contact information, the credit card statement for the previous month related to the credit card used in the order, or a letter from the card holder’s bank stating that the credit card belongs to the card holder. The order will be frozen during the period until the BUYER provides the requested information/documents, and if said 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 while becoming a member of the SELLER’s website is accurate, and that the BUYER will immediately compensate, in cash and in one lump sum, upon the SELLER’s first notice, all damages that the SELLER may incur due to the inaccuracy of such information.

9.13. The BUYER accepts and undertakes in advance to comply with the provisions of applicable legislation (Turkey) and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, is contrary to public morals, disturbs or harasses others, is for an unlawful purpose, or infringes upon 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. The SELLER’s website may provide links to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not endorse any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.

9.16. Any member who violates one or more of the articles listed in this Agreement shall be personally responsible, criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, if due to such violation the matter is referred to the legal domain, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. BUYER; if the distance contract relates to the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address indicated by the BUYER, provided that the BUYER notifies the SELLER, without assuming any legal or criminal liability and without stating any reason. In 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 in service contracts where performance of the service has started with the consumer's approval before the withdrawal period ends. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax, or email, and the product must be unused within the framework of the provisions of "Products for Which the Right of Withdrawal Cannot Be Exercised" set forth in this contract. If this right is exercised,

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 together with the return invoice issued by the institution when returning it. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The box, packaging, and, if any, standard accessories of the products to be returned must be delivered complete and undamaged.

d) The SELLER is obliged to refund the total amount and the documents that place the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration occurring due to proper use of the goods or product within the withdrawal period.

f) If, due to the exercise of the right of withdrawal, the campaign threshold amount set by the SELLER is fallen below, the discount amount benefited from within the scope of the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products that are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return; lower underwear items, swimwear and bikini bottoms, makeup products, single-use products, goods that are at risk of spoiling quickly or likely to pass their expiration date, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines other than those provided within the scope of the subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and the return of audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, is not possible pursuant to the Regulation (Turkey). In addition, exercising the right of withdrawal for services whose performance has started with the consumer's approval before the withdrawal period ends is also not possible pursuant to the Regulation (Turkey).

For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVD, VCD, CD and cassette tapes, and stationery consumables (toner, cartridge, ribbon, etc.) to be eligible for return, their packaging must be unopened, untested, undamaged, and unused.

12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER falls into default in cases where the BUYER makes payment transactions by credit card, the BUYER accepts, declares, and undertakes that they will pay interest and will be liable to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may resort to legal remedies; it may demand from the BUYER the expenses and attorney fees that may arise, and in any case, if the BUYER falls into default due to the BUYER's debt, the BUYER accepts, declares, and undertakes that the BUYER will pay the damages and losses incurred by the SELLER due to delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be made, within the monetary limits specified in the law below, to the consumer arbitration committee or the consumer court located in the place of residence of the consumer or where the consumer transaction is made.

14. EFFECTIVE DATE

When the BUYER completes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation, before the order is completed, that this contract has been read and accepted by the BUYER on the site.

SELLER:...

BUYER:

DATE: