Distance Selling Agreement
- PARTIES
This Agreement has been signed between the parties below under the terms and conditions specified below.
A. 'BUYER'; (hereinafter referred to as the "BUYER" in this Agreement)
B. 'SELLER'; (hereinafter referred to as the "SELLER" in this Agreement)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER agrees in advance to pay the order amount, shipping costs if any, taxes, and other specified additional charges upon confirming the order.
- DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall denote the explanations written beside them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: All kinds of consumer transactions other than the provision of goods for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of commercial or professional activities or acts on behalf of or for the account of the company offering goods,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
SITE: The internet site owned by the SELLER,
ORDERER: The real or legal person who requests a product or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOOD: The movable property subject to purchase and intangible goods such as software, sound, images, and similar prepared for use in electronic media.
- SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER orders electronically through the SELLER's website.
The prices listed and announced on the website are the sales prices. The announced prices and promises remain valid until updated and modified. Prices announced for a specific period are valid until the end of the specified period.
- SELLER INFORMATION
Title
Address
Telephone
Fax
- BUYER INFORMATION
Recipient
Delivery Address
Telephone
Fax
Email/username
- PRODUCT/SERVICE DETAILS OF THE CONTRACT
6.1. The basic features of the Goods/Product(s)/Service, such as type, quantity, brand/model, color, and quantity, are published on the SELLER's internet site. If a campaign has been organized by the Seller, you can review 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 website are the sales prices. The announced prices and promises remain valid until updated and modified. Prices announced for a specific period are valid until the end of the specified period.
6.3. The sales price of the product or service, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery date
Delivery method
6.4. The shipping cost, which is the shipment expense, will be paid by the BUYER.
- INVOICE DETAILS
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address during the order delivery.
-
- RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules-policy and terms stated below are valid for the protection, confidentiality, processing, use of information, communications, and other matters on the INTERNET SITE.
8.1. The necessary precautions for the security of the information entered and the transactions carried out on the INTERNET SITE by the BUYER have been taken within the system infrastructure of the SELLER, according to the technical possibilities of today, depending on the nature of the information and transaction. However, since such information is entered from the BUYER's device, it is the responsibility of the BUYER to take the necessary measures to protect them from unauthorized access by third parties, including viruses and similar harmful applications.
8.2. In addition to the permissions-approvals for personal data and commercial electronic communications given by the BUYER in other respects; during the membership to the INTERNET SITE and during the purchases, the information obtained for the provision of various products/services, all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications can be recorded indefinitely or for the period they foresee, stored in printed/magnetic archives, updated as necessary, shared, transferred, used, and processed in various ways by the mentioned and their successors. These data can also be transferred to the relevant authorities and courts when required by law. The BUYER has consented to the use, sharing, processing of personal and non-personal existing and new information in the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation for commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can stop communications at any time by accessing the data use-processing through the communication channels specified above or by using the right of refusal in electronic communications sent to him/her by legal means. In accordance with the BUYER's explicit notification in this regard, personal data processing operations and/or communications are stopped within the legal maximum period; moreover, if requested, except for those that must be legally preserved and/or possible, information that is incomplete or incorrect is corrected, corrected information is notified to relevant third parties, data is deleted or destroyed, or anonymized in a manner that cannot be identified. The BUYER can always apply to the SELLER through the above communication channels and obtain information regarding these applications and requests. The fulfillment of these applications and requests will be within the legal maximum periods or may be rejected by disclosing the legal grounds.
8.4. All kinds of information and content on the INTERNET SITE and their arrangement, revision, and use, except those owned by other third parties according to the agreement of the SELLER; all intellectual-industrial rights and proprietary rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes deemed necessary in the above matters; these changes become effective from the moment they are announced by the SELLER through the INTERNET SITE or other appropriate methods.
8.6. The privacy-security policies and terms of use of the websites accessed through the INTERNET SITE are valid; the SELLER is not responsible for any disputes or negative consequences that may arise from these.
- GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that he/she has read and acquired the necessary confirmation in electronic form regarding the basic characteristics of the product subject to the contract, the sales price, payment method, and delivery information before the establishment of the distance sales contract on the SELLER's website. The BUYER agrees, declares, and undertakes that the BUYER's confirmation of the Preliminary Information electronically, the address to be given to the BUYER by the SELLER before the distance sales contract is concluded, the basic features of the products ordered, the prices of the products including taxes, and payment and delivery information are correct and complete.
9.2. Each product subject to the contract will be delivered to the person/organization designated by the BUYER at the address specified within the delivery period specified in the information section on the website depending on the distance of the BUYER's place of residence. 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 subject of the contract in compliance with the legal requirements other than any defects, according to the specifications indicated in the order, with any warranty certificates, usage manuals, and other information and documents required for the job, in a manner consistent with the principles of accuracy and honesty, to maintain and enhance the quality of service, to show the necessary care and diligence during the execution of the job, and to act with caution and foresight.
9.4. Before the expiration of the performance obligation arising from the contract, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent.
9.5. If the SELLER cannot fulfill the contractual obligations regarding the delivery of the product or service subject to the order, if it becomes impossible, the SELLER undertakes to inform the consumer in writing within 3 days from the date of learning and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and if the product subject to the Agreement is not paid for any reason or canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will end.
9.7. After the delivery of the product or service subject to the contract to the BUYER or the person/organization designated by the BUYER at the address specified, if the credit card of the BUYER belonging to the BUYER is unlawfully used by unauthorized persons, resulting in non-payment of the total amount to the SELLER by the relevant bank or financial institution, the BUYER undertakes to return the product subject to the Agreement to the SELLER within 3 days, with transportation expenses borne by the SELLER.
9.8. In case of force majeure events such as unforeseen and preventing or delaying the fulfillment of the obligations of the parties under this agreement, the relevant party's obligations cannot be seen as default, and these obligations are delayed until the force majeure ceases. If the force majeure event continues for 15 (fifteen) days, each party has the right to terminate this Agreement unilaterally.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The SELLER is responsible for delivering the product subject to the contract in full, in line with the qualifications specified in the order, and with warranty certificates, user manuals, and other required legal documents.
10.2. The SELLER may supply a different product of equal quality and price before the performance obligation expires, by informing the BUYER and obtaining explicit consent.
10.3. If the SELLER cannot deliver the contracted product or service, the SELLER informs the BUYER in writing and returns the total price to the BUYER within 14 days.
10.4. The SELLER is responsible for informing the BUYER in writing that the performance of the ordered product or service is impossible within 3 days of learning.
10.5. The BUYER acknowledges, declares, and undertakes that he/she has read and learned the preliminary information about the basic qualities of the product subject to the contract, the sales price, payment method, and delivery.
10.6. The BUYER is responsible for timely payment for the ordered product or service according to the payment method specified in the agreement.
10.7. If the product subject to the contract is to be delivered to another person/organization from the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept delivery.
10.8. If the credit card belonging to the BUYER is not paid by the bank or financial institution, the BUYER is obliged to return the product subject to the contract to the SELLER within 3 days with shipping costs.
10.9. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement and that if the product subject to the Agreement is not paid in any way or canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will end.
10.10. In the event of the force majeure event, the party will not be liable for any liability, and these obligations will be delayed until the force majeure event ceases. If the force majeure event continues for 15 days, each party has the right to terminate this Agreement unilaterally.
- MISCELLANEOUS PROVISIONS
11.1. If the SELLER provides all or part of the electronic performance within the scope of this Agreement with the necessary equipment and software of the BUYER and the Internet access and connection, the hardware and software are not included in the SELLER's liabilities, and all types of maintenance, repair, etc., expenses and responsibilities belong to the BUYER.
11.2. If one or more provisions of this Agreement become partially or completely invalid, the remainder of the Agreement remains valid and valid.
11.3. This Agreement, made electronically between the parties, is in the event of any dispute, conflict, or dispute arising in the interpretation of the text of the contract.