Comprehensive Guide to Distance Sales Agreement - Terms & Conditions Explained
Distance Sales Agreement
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DISTANCE SALES AGREEMENT
This Agreement has been signed between the parties below under the terms and conditions set forth below.
'BUYER'; (hereinafter referred to as "BUYER" in the contract)
'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price subject to the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTY: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
THE 3rd SUBJECT
This Agreement is governed by 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 qualifications and sales price of which are specified below, that the BUYER has ordered electronically through the website of the SELLER. regulates the rights and obligations of the parties in accordance with its provisions.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
5. BUYER INFORMATION
6. ORDERING PERSON INFORMATION
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
1. The basic features (type, quantity, brand/model, color, number) of the Goods/Product/Products/Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the contracted goods or services, including all taxes, is shown below.
Payment Method and Schedule
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery :The invoice will be delivered to the invoice address along with the order at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts and declares that he/she has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER, and that he/she is informed and gives the necessary confirmation in electronic environment. and commits. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER's residence, within the period specified in the preliminary information section of the website, the BUYER or the person at the address indicated by the BUYER and / or delivered to the organization. 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 undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation. , accepts, declares and undertakes to perform the work in accordance with the standards, within the principles of honesty and integrity, to protect and increase the service quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.5. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date of learning, and the total price will be paid by the BUYER within a 14-day period. It accepts, declares and undertakes that it will return it to .
9.6. The BUYER shall confirm this Agreement electronically for the delivery of the product subject to the contract, in case the contractual product price is not paid for any reason and/or canceled in the bank records, the SELLER's contractual subject matter accepts, declares and undertakes that the obligation to deliver the product will expire.
9.7. The BUYER, after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the credit card of the BUYER by the unauthorized persons, the price of the product subject to the contract is paid by the relevant bank or financial institution. In the event that it is not paid by the SELLER to the SELLER, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days at the SELLER's shipping cost.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the parties, which are beyond the will of the parties. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him, by letter, e-mail, SMS has the right to reach the BUYER for communication, marketing, notification and other purposes by phone call and other means. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. In case the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and information of the credit card holder. may request from the BUYER to present the contact information, the previous month's statement of the credit card used in the order or the letter from the bank of the card holder indicating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, 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 that the personal and other information provided while subscribing to the website belonging to the SELLER is true, and that the SELLER will incur all damages due to the untrueness of this information, upon the first notification of the SELLER. declares and undertakes to indemnify immediately, in cash and in full.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER shall in no way violate the public order, violate public morals, disturb or harass others, for an unlawful purpose, infringe on the material and moral rights of others, on the website of the SELLER. cannot be used in this way. In addition, 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. On the website of the SELLER, a link may be given to other websites and/or other content that is not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In case the distance contract relates to the sale of goods,Within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated, he may use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he informs the SELLER. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that it has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days, and within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. must be unused. 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 to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
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 notice, and to return 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 obliged to compensate the damages of the SELLER at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are in danger of spoiling quickly or have expired goods that are likely to be returned to the BUYER, if the package is opened by the BUYER after delivery, products that are not suitable for health and hygiene, products that are mixed with other products after delivery and cannot be separated due to their nature, In case the package of the goods, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables have been opened by the BUYER Refunds are not possible as per the regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the Regulation.
Return of cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) In order for it to be processed, its packaging must be unopened, untested, intact and unused.
12. STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the expenses and attorney's fees to arise from the BUYER, and in any case, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt, in case the BUYER defaults due to its debts
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, within the monetary limits specified in the law below, the consumer's domicile is located in the place where the consumer transaction is made.ethical issues will be made to the arbitral tribunal or consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.