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Distance Sales Agreement

1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B.'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME: [customer] [first_name] [last_name] [/customer]
ADDRESS: [billing_address] [first_name] [last_name] [company] [address1] [address2] [phone] [city] [zip] [province] [country] [country_code] [name] [/billing_address]
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if any, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the supplier of goods.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER's website,
ORDERER: A natural or legal person who requests a good or service through the SELLER's website.
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
[shop]
Title: [name] ( [domain] )
Address: [address1] [zip] [city]
Phone: [phone]
Email: [email]
[/shop]
5. BUYER INFORMATION
Person to be delivered
[shipping_address]
Delivery Address: [first_name] [last_name] [company] [address1] [address2] [city] [zip] [province] [country] [country_code]
Phone: [phone]
Name: [name]
[/shipping_address]
6. ORDERING PERSON INFORMATION
[customer]
Name/Surname/Title: [first_name] [last_name]
Phone: [phone]
Email: [email]
[/customer]
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is 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.
7.2. The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
[line_items]
[title] [quantity] [sku] [variant_title] [vendor] [name] [price]
[/line_items]
8. INVOICE INFORMATION
[billing_address]
Name/Surname/Title: [first_name] [last_name]
Address: [company] [address1] [address2] [city] [zip] [province] [country] [country_code]
Phone: [phone]
Email / username: [name]
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery.
will be delivered.
[/billing_address]
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in a solid manner in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
9.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services shall 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 security breach 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 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 him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
9.13. 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 criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, the member may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
9.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally liable for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is a corporate product, it must be sent together with the return invoice issued by the corporate product. Returns of orders whose invoices are issued in the name of corporate products cannot 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 the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, products that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if the packaging is opened by the BUYER. In addition, it is not possible to use the right of withdrawal regarding services whose performance has started with the approval of the consumer before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the cardholder. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
As of 01/01/2017, the value of applications to be made to consumer arbitration committees for 2017 is:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centres of provinces that are not metropolitan cities,
c) Provincial consumer arbitration committees are authorized to resolve disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of provinces that are not metropolitan.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
[shop]
SELLER : [name]
EMAIL: [email]
[domain]
[/shop]
[customer]
RECEIVER: [first_name] [last_name]
[phone]
[/customer]

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