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DISTANCE SALES AGREEMENT

1. PARTIES

 

This Agreement is signed under the following terms and conditions between the following parties.

 

‘BUYER’; (hereinafter referred to as “BUYER” in the contract)

 

Name - Surname:

Address:

 

‘SELLER’; (hereinafter referred to as “SELLER” in the contract)

 

Name - Surname:

Address:

 

By accepting this contract, the BUYER acknowledges in advance that if the order subject to the contract is confirmed, the BUYER will be under the obligation to pay the price of the order and any additional fees such as shipping fee and tax, if any, and that the BUYER has been informed about this.

 

2. DEFINITIONS

 

The following terms shall have the following meanings in the application and interpretation of this contract.

 

MINISTER: Minister of Customs and Trade,

 

MINISTRY: Ministry of Customs and Trade,

 

LAW: Law No. 6502 on Consumer Protection,

 

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

 

SERVICE: Any consumer transaction other than the provision of goods, performed or committed to be performed in return for a fee or benefit,

 

SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or account of the supplier,

 

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,

 

ORDER PLACER: The real or legal person requesting a good or service through the internet site belonging to the SELLER,

 

PARTIES: The SELLER and the BUYER,

 

CONTRACT: This contract concluded between the SELLER and the BUYER,

 

GOODS: The movable property subject to shopping and software, sound, image, and similar intangible goods prepared for use in the electronic environment.

 

3. SUBJECT

 

This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product whose qualities and sale price are specified below, ordered electronically by the BUYER from the internet site belonging to the SELLER, under the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

 

The prices listed and advertised on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.

 

4. SELLER INFORMATION

 

Company Name:

Address:

Phone:

Fax:

Email:

 

5. BUYER INFORMATION

 

Person to be delivered:

Delivery Address:

Phone:

Fax:

Email/username:

 

6. ORDER PLACER INFORMATION

 

Name/Surname/Title:

Address:

Phone:

Fax:

Email/username:

 

7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT

 

1. The main characteristics (type, quantity, brand/model, color, number) of the Good(s)/Product(s)/Service are published on the SELLER’s internet site. You can review the main characteristics of the relevant product during the campaign period if organized by the SELLER. Valid until the campaign date.

2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.

3. The sales price including all taxes of the goods or services subject to the contract is shown below.

 

Product Description

Quantity

Unit Price

Subtotal

(Including VAT)

 

Shipping Fee

 

Total:

 

Payment Method and Plan

Delivery Address

Person to be Delivered

Order Date

Delivery Date

Delivery Method

 

4. The shipping fee, which is the cost of product shipment, will be paid by the BUYER.

 

9. GENERAL PROVISIONS

 

1. The BUYER accepts, declares, and undertakes that the BUYER has read the preliminary information about the basic characteristics, sales price, and payment method and delivery of the product subject to the contract on the SELLER’s website, and has given the necessary confirmation in the electronic environment. The BUYER acknowledges, declares, and undertakes that the BUYER has obtained the correct and complete information about the address, basic characteristics of the ordered products, prices including taxes, payment, and delivery information before the establishment of the distance sales contract by confirming this preliminary information in the electronic environment.

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, not exceeding the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and if available, with warranty documents, user manuals, and information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the principles of integrity and honesty, to maintain and increase service quality, to show the necessary care and attention during the performance of the job, and to act with caution and foresight.

4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the explicit approval before the expiration of the performance obligation arising from the contract.

5. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes 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 the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards the BUYER.

6. The BUYER will inspect the goods/services subject to the contract before taking delivery; will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the courier company. The delivered goods/services will be deemed to be undamaged and intact. The responsibility for the careful protection of the goods/services after delivery belongs to the BUYER.

7. If the BUYER and the credit card holder used during the order are not the same person, or if a security gap is detected regarding the credit card used in the order 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 statement of the previous month of the credit card used in the order or a letter from the bank of the cardholder stating that the credit card belongs to the BUYER. The order will be frozen 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.

8. The BUYER declares and undertakes that the personal and other information provided while signing up to the SELLER’s website is true and that the BUYER will immediately, in cash and once, compensate all damages incurred by the SELLER due to the inaccuracy of this information upon the first notification by the SELLER.

9. The BUYER accepts and undertakes 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.

10. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, infringes the material and moral rights of others. Moreover, the BUYER cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.

11. Links to other websites and/or other content that are not under the control of the SELLER and/or owned or operated by other third parties may be provided through the SELLER’s website. These links are provided for the convenience of the BUYER and do not support any website or the person operating the site, nor do they constitute any guarantee for the information contained in the linked website.

12. The member who violates one or more of the articles listed in this contract shall be personally and criminally responsible for such violations and shall keep the SELLER free from the legal and penal consequences of these violations. Also; in case the event is taken 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 agreement.

 

11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

 

Products that are not suitable for return, underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of deteriorating or are likely to expire, products that are not suitable for health and hygiene reasons if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, and goods related to periodicals such as newspapers and magazines, other than those provided under the subscription agreement, services performed instantly in the 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, computer consumables, if the packaging has been opened by the BUYER, cannot be returned as per the Regulation. In addition, it is not possible to use the right of withdrawal for services that are started with the approval of the consumer before the expiry of the right of withdrawal period.

 

For cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs,