DISTANCE SALES AGREEMENT
This Agreement has been signed between the following parties in accordance with the following terms and conditions.
A.’Buyer’’ (hereinafter referred to in the contract as “buyer”)
B.’Seller’; (hereinafter referred to in the contract as “seller”)
NAME-SURNAME:ILKSEN MERVE ONAY
Address: GÖKTÜRK MERKEZ MAH. TAN SK. NO: 2 B10 İÇ KAPI NO: 7 Eyüpsultan Istanbul
By accepting this agreement, the buyer agrees in advance that if he approves the order subject to the contract, he will be under the obligation to pay the price of the order subject and any additional charges, such as shipping fees, taxes, if any, and that he has been informed about this.
In the application and interpretation of this agreement, they shall express their written explanations in the following terms.
Minister: Minister of Customs and trade,
Ministry: Ministry of Customs and trade,
Law: Law No. 6502 on Consumer Protection,
Regulation: distance Contracts Regulation (RG: 27.11.2014 / 29188)
Service: the subject of any consumer transaction other than the provision of goods made or committed for a fee or benefit ,
Seller: the company that delivers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the supplier of goods,
Buyer: a real or legal person who acquires, uses or benefits a goods or services for commercial or non-professional purposes,
SITE: seller’s web site,
Ordering: a real or legal person who requests a goods or services through the seller’s website,
Parties: seller and buyer,
Contract: this contract concluded between seller and buyer,
Goods: means the movable goods that are subject to exchange and the non-material goods that are prepared for use in electronic media such as software, sound, images and so on.
This agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the regulation on distance contracts in relation to the sale and delivery of the product whose qualities and sale price are stated below, which the buyer has ordered electronically via the website of the seller.
The prices listed and advertised on the site are the sale price. The advertised prices and promises are valid until they are updated and changed. The prices announced on a periodical basis are valid until the end of the specified period.
4. VENDOR INFORMATION
Title: ILKSEN MERVE ONAY
Address: GÖKTÜRK MERKEZ MAH. TAN SK. NO: 2 B10 İÇ KAPI NO: 7 Eyüpsultan Istanbul Telephone : 05336241604
Email : firstname.lastname@example.org
- RECIPIENT INFORMATION
Person to be delivered
Email / username
6. THE ORDERING CONTACT INFORMATION
First/Last Name / Title
Email / username
7th ed. INFORMATION ON PRODUCTS / PRODUCTS SUBJECT TO CONTRACT
1st. The basic characteristics (type, quantity, brand /model, color, number) of the goods/products/ products/services are published on the website of the seller. If the campaign is organized by the seller, you can examine the basic features of the product during the campaign. Valid until Campaign date.
7.2. The prices listed and advertised on the site are the sale price. The advertised prices and promises are valid until they are updated and changed. The prices announced on a periodical basis are valid until the end of the specified period.
7.3. The sale price of the goods or services subject to the contract, including all taxes, is shown below.
Product Descriptioncompetition Prices Total
Payment method and plan
Person to be delivered
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the seller.
- INVOICE INFORMATION
First/Last Name / Title
Email / username
Invoice delivery : invoice with order to invoice address during order delivery
it will be delivered.
Ninth GENERAL PROVISIONS
9.1. Subject of the contract buyer seller basic qualities of the product on the internet site, read the background information with price and payment on delivery of the information owner, gave the confirmation in the electronic environment declares that is needed. Recipient’s; To verify preliminary information electronically, before the establishment of the distance sales contract by the seller, the buyer’ address on the order or required the basic features of the products, including taxes of the product price, payment and delivery information that is acquired is accepted as correct and complete.
9.2. Each product subject to the contract shall be delivered to the buyer or the person and/or organization at the address indicated by the buyer during the period specified in the preliminary information section of the website, depending on the distance of the buyer’s settlement, not exceeding the legal period of 30 days. In the event that the product cannot be delivered to the purchaser during this period, the Purchaser reserves the right to terminate the contract.
9.3. The seller agrees, declares and undertakes to deliver the product subject to the contract with complete, in accordance with the qualifications specified in the order and with the information and documents required for the work, warranty documents, user manuals, if any, to perform the work in accordance with the requirements of the legal regulations in a sound manner, in accordance with the standards, in accordance with the principles of
9.4. The seller may supply a different product of equal quality and price by informing the buyer and obtaining his explicit approval before the contractual performance obligation expires.
9.5. Seller agrees, declares and undertakes to notify the consumer in writing within 3 days from the date of receipt of the order and to return the total cost to the buyer within 14 days if the product or service subject to the order becomes impossible to fulfill its obligations under the contract.
9.6. The buyer accepts, declares and undertakes that he will confirm this agreement electronically for the delivery of the product subject to the contract, and that if for any reason the price of the product subject to the contract is not paid and/or cancelled in the bank records, the seller’s obligation to deliver the product subject to the contract will cease.
9.7. Buyer accepts, declares and undertakes that if the product subject to contract is not paid to seller by the related bank or financial institution as a result of the unfair use of credit card belonging to Buyer by unauthorized persons after delivery of the product subject to contract to buyer or the person and/or organization at the address indicated by buyer, buyer shall return the product
9.8. SELLER beyond the control of the parties, unforeseeable and debts of the parties to fulfill the blocker and/or a retardant, such as cases of force majeure due to the formation of the product does not deliver within the period of if subject of the contract, the buyer agrees to notify, declares and undertakes. The buyer also has the right to request 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 blocking situation is eliminated. If the order is cancelled by the buyer, the product amount will be paid to the buyer in cash and once in 14 days. If the buyer makes payments by credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order 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 amount reflected to the buyer’s accounts after its return to the bank is entirely related to the bank transaction process, the buyer cannot hold the seller responsible
9.9. To the seller by the buyer itself specified in the registration form or later updated by the site address, e-mail address, fixed and mobile telephone lines and other communication based on the information letter, e-mail, SMS, phone calls and other means of Communication, Marketing, reporting, and for other purposes the recipient has the right to access. By accepting this agreement, 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 taking delivery; dents, broken, packing torn, etc. damaged and defective goods / services will not be delivered from the cargo company. The goods/services received shall be deemed to be undamaged and sound. The buyer is responsible for the careful protection of the goods/services after delivery. If the right of withdrawal is to be used, the goods/services 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 vulnerability is detected regarding the credit card used in the order before the product is delivered to the buyer, the seller may request the buyer to present the identity and contact information of the credit card holder, the statement of the credit card used in the order The order will be frozen in the period until the buyer obtains the requested information/documents, and if the aforementioned demands 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 other information provided by the seller when he / she becomes a member of the Website is fair and that the seller shall immediately, in cash and once again compensate all damages incurred by the seller due to the factlessness of this information upon the seller’s initial notice.
9.13. The buyer agrees and undertakes to comply with the provisions of the legal regulations and not to violate them when using the website owned by the seller. Otherwise, all civil and criminal obligations arising shall be fully and exclusively binding on the purchaser.
9.14. The buyer may not use the seller’s web site in any way that violates public order, violates general morality, harasses and harasses others, violates the rights of others ‘ material and moral rights for an unlawful purpose. In addition, member activities that prevent or compel others to use the services (spam, viruses, Trojan horses, etc.)) cannot make transactions.
9.15. Links to other web sites and/or other content that are not under the control of the seller and/or owned and/or operated by other third parties may be provided via the seller’s website. These links are provided for the convenience of the recipient and do not support any web site or the person who operates it and do not warrant the information contained on the linked web site.
9.16. The member who violates one or more of the Articles Mentioned in this Agreement shall be personally liable for this violation and shall be liable to the seller for the civil and criminal consequences of such violations. In addition, if the event is transferred to the area of law due to this violation, the seller reserves the right to claim compensation against the Member for failure to comply with the membership agreement.
ten. RIGHT TO WITHDRAW
10.1. The buyer may use the right to withdraw from the contract by rejecting the goods without any legal or criminal responsibility and without any justification, provided that the product is delivered to him or to the person/entity at the address indicated within 14 (fourteen) days from the date of delivery to the seller. In distant contracts for service delivery, this period starts from the date of signing of the contract. The right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer before the expiration of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the seller. The buyer agrees in advance that the business has been informed of its right to withdraw by accepting this agreement.
10.2. In order to exercise the right of withdrawal, written notice must be given to the seller by registered mail, fax or email with returns within a period of 14 (fourteen) days and the product must not be used in accordance with the provisions of “products that cannot be used right of withdrawal” set out in this agreement. 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 requested to be returned is corporate, IT must be sent with the return invoice issued by the institution when returning it. The order returns issued on behalf of the agencies will not be completed unless the return invoice is issued.)
b) return form,
c) the products to be returned must be delivered complete and undamaged together with their boxes, packaging and standard accessories, if any.
D) the seller is obliged to return the total cost and the documents that put the buyer under debt to the buyer within 10 days from the date of receipt of the withdrawal notice to him and to return the goods within 20 days.
e) if the value of the goods decreases due to the defect of the buyer or if the return becomes impossible, the buyer is obliged to compensate the losses of the seller at the rate of the defect. However, the buyer is not responsible for the changes and distortions caused by the proper use of the goods or the product during the right of withdrawal period.
f) in case of falling below the campaign limit amount arranged by the seller due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS WHOSE RIGHT TO WITHDRAW CANNOT BE USED
Buyer’s request or clearly according to personal needs available to be generated and sent back to the non-the lower parts underwear, swimsuits, bikini bottoms, makeup, disposable products, fast are in danger of degradation or the expiration date after it is delivered to buyer goods which are likely to pass by the client to be returned if the packaging has been opened products that are not appropriate in terms of Health and hygiene, delivery, and after mixed with other products that cannot be distinguished by the nature of the products, except as provided under the subscription agreement, periodicals such as newspapers and magazines for goods that are delivered to the consumer in electronic environment with intangible goods or services that are performed instantly, video or audio records, books, digital content, software programs, and data storage devices to store data, computer consumables, packaging has been opened by the buyer if the refund according to the regulation, it is not possible. In addition, it is not possible to exercise the right of withdrawal for services which are started with the approval of the consumer before the expiration of the right of withdrawal period.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCD, CDs and cassettes with stationery consumables (toner, cartridge, ribbon etc.) their packaging 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 the payment is made by credit card, the cardholder will pay interest within the framework of the credit card agreement between the bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; it may demand the costs and the power of attorney from the buyer and, in case of default due to the buyer’s debt in all circumstances, the buyer agrees, declares and undertakes that he will pay the loss and damage incurred by the seller due to the delayed performance of the debt.
13. COMPETENT COURT
In the disputes arising from this agreement, complaints and objections shall be made to the arbitration committee or the consumer court for consumer problems where the consumer’s settlement is located or where the consumer transaction is conducted within the monetary limits specified in the following law. Below is information on the monetary limit:
Effective from 01/01/2018, the value of applications to consumer arbitration committees for the year 2018:
a) district consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Lira,
B) provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish lira in metropolitan provinces,
c) provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred ten) Turkish lira in the Centers of Provinces that are not in metropolitan status,
ç) provincial consumer arbitration committees were appointed in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts which are not in metropolitan status.
This contract is for commercial purposes.
When the buyer makes the payment for the order he / she has placed on the Site, he / she is deemed to have accepted all the terms of this agreement. The seller is obliged to make the necessary software arrangements in order to obtain confirmation that this agreement has been read and accepted by the buyer on the site prior to the realization of the order.