Distance Sales Contract
1. PARTIES
This Agreement has been signed between the following parties under 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 acknowledges in advance that upon confirming the order subject to the contract, they will be under the obligation to pay the price of the order and any additional fees stated, such as shipping costs and taxes, and that they have been informed regarding this matter.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below shall express the definitions indicated against them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: The Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods, performed or undertaken to be performed in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or for the account of the party offering the goods,
BUYER: The natural 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,
ORDERER: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOOD: Refers to movable goods subject to shopping and non-physical goods such as software, audio, images, and similar materials prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the features and sales price of which are specified below, which the BUYER has ordered electronically via the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
6. INFORMATION REGARDING THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
6.1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the SELLER's website. If a campaign has been organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.
6.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to be delivered to
Billing Address
Order Date
Delivery date
Method of delivery
6.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
7. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered with the order to the billing address during order delivery.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The confidentiality rules-policy and conditions, the current principles of which are stated below, apply to the protection, privacy, processing-use of information on the WEBSITE and communications, as well as other matters.
8.1. Necessary measures have been taken in the SELLER's system infrastructure for the security of information and transactions entered by the BUYER on the WEBSITE, within the limits of current technical possibilities, depending on the nature of the information and transaction. However, since said information is entered from the BUYER's device, the responsibility for taking necessary precautions on the BUYER's side, including those related to viruses and similar harmful applications, in order to protect them and prevent access by unauthorized persons, lies with the BUYER.
8.2. In addition to and confirming the permissions-approvals granted by the BUYER regarding personal data and commercial electronic communications; the information obtained during the BUYER's membership to the WEBSITE and purchases may be recorded by the SELLER, its successors, and designated parties indefinitely or for a period they foresee, stored in printed/magnetic archives, updated, shared, transferred, used, and processed in other ways for the purposes of providing various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store cards, credit cards, and membership applications. This data may also be transmitted to relevant authorities and courts when required by law. The BUYER has consented and permitted the use, sharing, processing of their current and new personal and non-personal information, and the sending of commercial and non-commercial electronic and other communications in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above.
8.3. The BUYER may stop communications at any time by reaching the SELLER through the specified communication channels and/or by using the right to opt-out in the electronic communications sent to them. According to the BUYER's clear notification on this matter, personal data processing and/or communications to them will be stopped within the maximum legal period; furthermore, if desired, information, except for that which must be kept legally and/or is possible, will be deleted from the data recording system or anonymized so that the identity is not apparent. The BUYER may contact the SELLER at any time through the communication channels above to obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction in case it is incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against them by analysis through automated systems, and compensation in case of damages due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal periods or may not be accepted by explaining the legal justification to the party.
8.4. All kinds of information and content belonging to the WEBSITE and their arrangement, revision, and partial/full use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it deems necessary on the above topics; these changes become valid from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. The privacy-security policies and terms of use of other sites reached through the WEBSITE apply to those sites; the SELLER is not responsible for any disputes and negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic features, sales price, and payment method of the product subject to the contract on the SELLER's website, that they are informed, and that they have given the necessary confirmation in the electronic environment. The BUYER's confirmation of the Preliminary Information in the electronic environment constitutes their acceptance, declaration, and undertaking that they have correctly and completely obtained the address that should be given by the SELLER to the BUYER, the basic features of the products ordered, the price of the products including taxes, and payment and delivery information before the distance sales contract is established.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated 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 it does not exceed the legal 30-day period. In case the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract is reserved.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and if any, with warranty documents, user manuals, and the information and documents required by the work, to perform the work in accordance with the requirements of the legal legislation, free from all defects, in a sound, standard-compliant manner, within the principles of accuracy and honesty, to maintain and increase the quality of service, to show the necessary attention and care during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiry of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns about the impossibility of fulfilling the order's product or service, and to refund the total price 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 that the SELLER's obligation to deliver the product subject to the contract will terminate if the product price subject to the contract is not paid and/or cancelled in bank records for any reason.
9.7. If the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the time limit due to force majeure, such as the occurrence of unforeseeable and/or delaying situations that develop beyond the will of the parties and prevent the parties from fulfilling their debts, it accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the product subject to the contract with its equivalent, if any, and/or postpone the delivery period until the blocking situation is eliminated. In case of order cancellation by the BUYER, the product amount is paid to the BUYER in cash and in full within 14 days for payments made by the BUYER in cash. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the reflection of the amount returned to the credit card by the SELLER by the bank to the BUYER's account may take 2 to 3 weeks, and that the BUYER cannot hold the SELLER responsible for possible delays as the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes through letters, emails, SMS, phone calls, and other means via the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above towards them.
9.10. The BUYER shall inspect the good/service subject to the contract before receiving it; they shall not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. The delivered good/service shall be considered undamaged and sound. The duty to carefully protect the good/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the good/service should 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 the delivery of the product to the BUYER, the SELLER may request the BUYER to submit 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 letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the requested information/documents, and if the aforementioned 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 true, and that they will compensate the SELLER immediately, in cash and in full, upon the SELLER's first notification for all damages that the SELLER may incur due to the untruthfulness of this information.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise will bind the BUYER entirely and exclusively.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or in a way that infringes on the material and moral rights of others. Furthermore, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the SELLER's website, links may be given to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided for the convenience of the BUYER's redirection and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. Members who violate one or more of the items listed in this contract will be personally and legally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Furthermore, if the event is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise their right to withdraw from the contract by rejecting the good without assuming any legal or penal liability and without giving any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated by them, in case the distance contract is related to the sale of goods. In distance contracts regarding service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's approval before the expiry of the right of withdrawal period. Costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is required that a written notification be made to the SELLER by registered mail with return receipt, fax, or email within the 14 (fourteen) day period, and that the product has not been used within the framework of the provisions "Products for which the Right of Withdrawal Cannot be Exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person 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. Order returns whose invoices are issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to take back the good within 20 days.
e) If there is a decrease in the value of the good due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the good or product within the right of withdrawal period.
f) If the campaign limit amount organized by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s requests or explicit personal needs which are not suitable for return, underwear bottoms, swimsuit and bikini bottoms, cosmetics, disposable products, goods that are in danger of rapid deterioration or that are likely to expire, products which are not suitable for return due to health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines except those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables cannot be returned under the Regulation if their packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services whose performance has been started with the consumer's approval before the expiry of the right of withdrawal period, as required by the Regulation.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untested, intact, and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on transactions made with a credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between them and the card-issuing bank. In this case, the relevant bank may resort to legal remedies; may demand the arising expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is performed, within the monetary limits specified by law.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER:
BUYER:
DATE:
