Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
NAME - SURNAME:
ADDRESS:
By accepting this contract, the BUYER expressly agrees that upon confirming the order subject to the contract, they will be obliged to pay the price of the order and any additional fees such as shipping and taxes as specified, and that they have been informed about this matter in advance.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below shall signify the explanations written opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law No. 6502 on the Protection of the Consumer,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than goods provision that is performed or undertaken for a fee or benefit,
SELLER: The company offering goods to the consumer within the scope of commercial or professional activities or acting on behalf or account of those offering goods,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERER: The real or legal person requesting a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods such as software, audio, video, and similar prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the specifications and sales price of which are indicated below, ordered electronically by the BUYER through the internet site belonging to the SELLER, in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts.
The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the specified period ends.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Telephone
Fax
E-mail/username
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic features of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the internet site belonging to the SELLER. If the seller has launched a campaign, you can examine the basic features of the relevant product during the campaign period. It is valid until the date of the campaign.
6.2. The listed and announced prices on the site are sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a period are valid until the end of the specified period.
6.3. The total sales price including all taxes of the goods or services subject to the contract is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(Including VAT)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The Buyer will pay the shipping fee, which is the product shipment cost.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
E-mail/username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during the order delivery.
8. RULES REGARDING SECURITY - PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS
The privacy rules-policy and terms set out below regarding the protection, confidentiality, processing-use, communications, and other matters concerning information in the INTERNET SITE shall apply.
8.1. Necessary measures regarding the security of information and transactions entered by the BUYER on the INTERNET SITE have been taken by the SELLER's system infrastructure in accordance with current technical possibilities according to the nature of the information and transaction. However, since the information is entered from the BUYER's device, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, to protect this information and to prevent access by unauthorized persons.
8.2. In addition to and confirming the permissions-approvals related to the BUYER's personal data and commercial electronic communications provided in other ways; the information obtained about the BUYER during membership and shopping on the INTERNET SITE may be recorded, stored in printed/magnetic archives, updated when necessary, shared, transferred, used, and otherwise processed indefinitely or for a predicted period by the SELLER and its successors for providing various products/services and all kinds of informative, advertising-promotion, communication, promotional, sales, marketing, store card, credit card and membership applications. These data may also be provided to the relevant Authorities and Courts when legally required. The BUYER consents and permits the usage, sharing, processing of personal and non-personal current and new information within the scope above in accordance with personal data protection and electronic commerce legislation, and to receive commercial and non-commercial electronic communications and other communications directed to him/her.
8.3. The BUYER can always stop data usage-processing and/or communications by contacting the SELLER via the mentioned communication channels or by legally withdrawing acceptance in electronic communications sent to him/her. According to the BUYER’s explicit notification on this matter, personal data processing and/or communications to the BUYER will be stopped within the maximum legal period; additionally, if desired, information excluding those legally required or possible to keep will be deleted or anonymized. The BUYER can also apply to the SELLER at any time through the above communication channels regarding transactions related to the processing of personal data, the parties to whom the data is transferred, correction in case of inaccurate or incomplete data, notification of corrected information to third parties, deletion or destruction of data, objection to automatic system analyses leading to disadvantage, compensation in case of unlawful data processing, and can obtain information. Applications and requests in this regard will be fulfilled within the maximum legal periods or may be refused with legal justification explained to the applicant.
8.4. All intellectual property rights and ownership rights regarding any information and content belonging to the INTERNET SITE and their arrangement, revision, partial or full use belong to the SELLER, except for those belonging to other third parties according to an agreement with the SELLER.
8.5. The SELLER reserves the right to make any changes deemed necessary regarding the above matters; such changes become effective once announced by the SELLER on the INTERNET SITE or through other appropriate methods.
8.6. Privacy-security policies and terms of use belonging to other sites accessed through the INTERNET SITE apply; the SELLER is not responsible for conflicts or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and obtained information about the main features, sales price, payment method, and delivery-related preliminary information of the product subject to the contract on the website of the SELLER, and have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the preliminary information electronically, they have received the address to be provided by the SELLER before establishing the distance sales contract, the basic features of the ordered products, the prices including taxes, payment, and delivery information correctly and completely.
9.2. Each product subject to the contract is delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance to the BUYER’s residence, without exceeding the legal period of 30 days. 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 contract product completely, in accordance with the properties specified in the order, together with any warranty certificates, user manuals, and any documents and information required in the business; to perform the work in accordance with legal regulations, free from any defects, in compliance with standards, and based on principles of honesty and integrity; to maintain and improve service quality; to exercise necessary care and diligence during the performance of the work; and to act with prudence and foresight.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining clear approval before the performance period of the contractual obligation expires.
9.5. If the SELLER is unable to fulfill the contractual obligation due to impossibility to fulfill the ordered product or service, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning about the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes to confirm this Agreement electronically for the delivery of the product subject to the contract; and in case the price of the contract product is not paid and/or canceled in bank records for any reason, the SELLER’s obligation to deliver the contract product will cease.
9.7. The BUYER accepts, declares, and undertakes that if the credit card belonging to the BUYER is used illegally by unauthorized persons after delivery of the contract product to the BUYER or the person/entity at the address indicated by the BUYER and the bank or financial institution does not pay the contract product price to the SELLER, the BUYER will return the contract product to the SELLER within 3 days, with the shipping cost borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER if it cannot deliver the contract product within the period due to force majeure events such as circumstances that arise outside the parties’ control, unforeseen and preventing and/or delaying the parties from fulfilling their obligations. The BUYER has the right to request cancellation of the order, replacement of the contract product with an equivalent if any, and/or deferment of the delivery period until the obstruction ceases. If the order is canceled by the BUYER, cash payments will be refunded in full within 14 days. Credit card payments will be refunded to the relevant bank within 14 days after cancellation by the BUYER. The BUYER acknowledges that it may take 2 to 3 weeks on average for the bank to reflect the refunded amount to the BUYER's account and accepts that any delays are due to the banking process and the SELLER cannot be held responsible.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, e-mail, SMS, phone calls, and other methods using the address, e-mail address, fixed and mobile phone lines, and other communication information provided by the BUYER in the site registration form or later updated by the BUYER. By accepting this contract, the BUYER agrees and declares that the SELLER may conduct the aforementioned communication activities directed at them.
9.10. The BUYER shall examine the product/service subject to the contract before receiving it; will not accept defective or damaged goods/services (such as crushed, broken, torn packaging) from the shipping company. Products/services received are deemed undamaged and intact. After delivery, the obligation to carefully protect the product/service belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability regarding the credit card is detected before product delivery to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, last month's credit card statement, or a letter from the issuing bank confirming ownership. The order will be frozen until the requested documents are provided; if not provided 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 when registering on the SELLER’s website is truthful, and that the BUYER will compensate the SELLER immediately and in full for any damages incurred due to the falsity of this information upon first notification by the SELLER.
9.13. The BUYER accepts and undertakes to comply with the legal provisions while using the SELLER’s website and not to violate them. Otherwise, all arising legal and criminal liabilities shall be solely binding on the BUYER.
9.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morals, harasses or disturbs others, for illegal purposes, or infringes on the material and moral rights of others. Also, the BUYER shall not engage in activities (spam, virus, trojan, etc.) that prevent or hinder others from using the services.
9.15. Links from the SELLER’s website to other websites or contents not controlled by the SELLER or owned/operated by third parties may be provided. These links are placed to facilitate navigation and do not imply endorsement of those sites or their contents by the SELLER, nor provide any guarantee regarding the information therein.
9.16. Members violating one or more articles of this contract are personally liable legally and criminally for such violations and shall indemnify the SELLER from legal and criminal consequences. Moreover, if the matter is brought to the legal domain, the SELLER reserves the right to claim damages from the member for breach of membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may use the right of withdrawal, without any legal or criminal liability and without stating any reason, by notifying the SELLER within 14 (fourteen) days from the delivery date of the product to the BUYER or the person/entity at the indicated address if the distance contract concerns the sale of goods. For distance contracts related to service provision, this period starts from the contract date. The right of withdrawal cannot be used for service contracts where services have started with the consumer's consent before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges being informed about the right of withdrawal in advance.
10.2. To use the right of withdrawal, written notification by registered mail with return receipt, fax, or e-mail must be made to the SELLER within 14 (fourteen) days, and the product must not have been used according to the "Products that cannot be returned under the Right of Withdrawal" provisions of this contract. In case of exercising this right,
a) The invoice of the product delivered to the third party or the BUYER (If the product to be returned has a corporate invoice, it must be sent together with the return invoice issued by the institution. Return orders invoiced in the name of institutions cannot be completed without issuance of a RETURN INVOICE.)
b) Return form,
c) The products to be returned must be delivered completely and undamaged, including their box, packaging, and any standard accessories if any.
d) The SELLER is obliged to refund the total amount and return the documents binding the BUYER within 10 days at the latest from the date the withdrawal notification is received and to collect the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations resulting from proper use of goods/products within the withdrawal period.
f) If the amount of the campaign limit falls below due to the exercise of the right of withdrawal, the amount of the discount used within the campaign will be canceled.
11. PRODUCTS THAT CANNOT BE RETURNED WITH RIGHT OF WITHDRAWAL
Products prepared at the request or clearly for personal needs of the BUYER and not suitable for return, underwear items, swimsuit and bikini bottoms, makeup products, disposable products, goods with risk of quick spoilage or expiry, products which are not suitable for return due to health and hygiene if the packaging is opened by the BUYER after delivery, products mixed with others after delivery and cannot be separated by nature, periodicals like newspapers and magazines except for subscription contracts, immediately performed electronic services or intangible goods instantly delivered to the consumer, and audio/video recordings, books, digital content, software programs, data recording and storage devices, computer consumables whose packaging is opened by the BUYER cannot be returned according to the Regulation. Also, the right of withdrawal cannot be used for service contracts where services have begun with consumer consent before the expiry of the withdrawal period according to the Regulation.
Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, tapes and stationery consumables (toner, cartridge, ribbon etc.) must be unopened, unused, undamaged, and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payments by credit card and defaults on payment, the BUYER accepts, declares, and undertakes that they will pay interest under the credit card agreement with the card-issuing bank and will be liable to the bank. The relevant bank may seek legal remedies and claim the arising costs and attorney fees from the BUYER, and in any case, if the BUYER defaults due to late payment, the BUYER agrees to compensate the SELLER for the damages.
13. COMPETENT COURT
Disputes arising from this contract will be submitted to the consumer arbitration committee or consumer court located in the consumer's residence or place where the consumer transaction is performed, within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this contract upon completing the payment for the order given through the site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this contract on the site before the order is processed.
SELLER:
BUYER:
DATE: