Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the parties below within the framework of the terms and conditions set out below.

1. ‘BUYER’; (hereinafter referred to in the agreement as the “BUYER”)

NAME-SURNAME:
ADDRESS:

2. ‘SELLER’; (hereinafter referred to in the agreement as the “SELLER”)

NAME-SURNAME:
ADDRESS:

By accepting this agreement, the BUYER accepts in advance that, if they confirm the order subject to the agreement, they will be obliged to pay the order price and any additional fees stated, such as shipping fees and taxes, and that they have been informed about this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the meanings set out opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

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

SERVICE: The subject of any consumer transaction other than the supply of goods, performed or undertaken to be performed in return 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 on account of the party offering goods,

BUYER: A natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDERING PARTY: A natural or legal person who requests goods or services through the website belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Movable goods subject to purchase, and intangible goods such as software, audio, video and similar items prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties, in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, ordered electronically by the BUYER through the website belonging to the SELLER.

The prices listed and announced on the site are sales prices. Announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.

4. SELLER INFORMATION

Title
Address
Phone
Fax
E-mail

5. BUYER INFORMATION

Recipient
Delivery Address
Phone
Fax
E-mail/username

6. ORDERING PARTY INFORMATION

Name/Surname/Title

Address
Phone
Fax
E-mail/username

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the website belonging to the SELLER. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2. The prices listed and announced on the site are sales prices. Announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.

7.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.

Payment Method and Plan

Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping fee, which constitutes the cost of shipping the product, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Phone
Fax
E-mail/username
Invoice delivery: The invoice will be delivered to the billing address together with the order
at the time of order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that they have read and are informed of the preliminary information on the SELLER’s website regarding the basic characteristics, sales price and payment method of the product subject to the agreement and its delivery, and that they have given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that, by confirming the Preliminary Information electronically, they have obtained accurately and completely, before the conclusion of the distance sales agreement, the address to be provided by the SELLER to the BUYER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the Agreement is delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, provided that the 30-day legal period is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement complete, in accordance with the specifications stated in the order and together with warranty certificates and user manuals, if any, and the information and documents required by the nature of the work; to perform the work free from all defects, in a sound manner compliant with standards in accordance with legal requirements, and within the principles of accuracy and honesty; to maintain and improve service quality; to exercise the necessary care and diligence during performance of the work; and 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 their explicit consent before the performance obligation arising from the agreement expires.

9.5. The SELLER accepts, declares and undertakes that, if it cannot fulfil its contractual obligations because performance of the ordered product or service becomes impossible, it will notify the consumer of this in writing within 3 days from the date it learns of it, and will refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER’s obligation to deliver the product subject to the agreement will end.

9.7. The BUYER accepts, declares and undertakes that if, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address specified by the BUYER, the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized persons unlawfully using the BUYER’s credit card, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the agreement on time due to force majeure, such as circumstances beyond the will of the parties, which could not be foreseen in advance and which prevent and/or delay the parties from fulfilling their obligations. The BUYER has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with an equivalent, if any, and/or the postponement of the delivery period until the obstacle is removed. If the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount will be paid to them in cash and in full within 14 days. For payments made by the BUYER by credit card, the product amount will be 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 time for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may be 2 to 3 weeks, and that since the reflection of this amount in the BUYER’s accounts after its refund to the bank depends entirely on the bank’s transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER by letter, e-mail, SMS, telephone call and other means for communication, marketing, notification and other purposes via the address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the site registration form or later updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities stated above towards them.

9.10. The BUYER shall inspect the goods/services subject to the agreement before receiving them and shall not accept damaged or defective goods/services, such as dented or broken items or items with torn packaging, from the cargo company. Goods/services received will be deemed undamaged and intact. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must 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 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 cardholder’s bank stating that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if these 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 when registering on the SELLER’s website is true, and that they will compensate the SELLER immediately, in cash and in full, upon the SELLER’s first notice, for all damages the SELLER may suffer due to this information being untrue.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising will be binding entirely and exclusively on the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that disturbs public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.

9.15. Links may be provided through the SELLER’s website to other websites and/or other content that is not under the SELLER’s control and/or is owned and/or operated by other third parties. These links have been placed to make navigation easier for the BUYER; they do not endorse any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.

9.16. A member who violates one or more of the articles listed in this agreement is personally liable, criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, if the matter is brought to court due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the agreement by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address they specified, provided that they notify the SELLER. In distance contracts for the provision of services, this period starts from the date the agreement is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer’s approval before the withdrawal period expires. Costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within the 14 (fourteen) day period, and the product must not have been used, within the framework of the provisions on “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this agreement. If this right is exercised,

a) the invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is issued to a company, it must be sent together with a return invoice issued by that company when returning it. Returns of orders invoiced in the name of companies cannot be completed unless a RETURN INVOICE is issued.)

b) the return form,

c) and 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 refund the total price and return any documents placing the BUYER under debt to the BUYER within 10 days at the latest from receipt of the withdrawal notice, and to take back the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible for a reason attributable to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration resulting from the proper use of the goods or product within the withdrawal period.

f) If, due to the exercise of the right of withdrawal, the order falls below the campaign limit set by the SELLER, the discount used within the scope of the campaign will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Under the Regulation, the following cannot be returned: products prepared at the BUYER’s request or clearly in line with their personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up products, single-use products, goods that are at risk of deteriorating quickly or may pass their expiry date; products whose return is not appropriate in terms of health and hygiene if their packaging has been opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot be separated by nature; goods relating to periodicals such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in electronic media 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 if their packaging has been opened by the BUYER. In addition, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s approval before the withdrawal period expires.

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, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, and they must be untried, intact and unused.

12. DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER defaults when making payments by credit card, the BUYER accepts, declares and undertakes that they will pay interest under the credit card agreement between them and the card-issuing bank and will be liable to the bank. In this case, the relevant bank may take legal action and may claim the resulting costs and attorney’s fees from the BUYER; and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the late performance of the debt.

13. COMPETENT COURT

Complaints and objections in disputes arising from this agreement shall be filed with the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law below. Information on the monetary limits is given below:

Effective from 28/05/2014:

a) Pursuant to Article 68 of Consumer Protection Law No. 6502, disputes with a value below TRY 2,000.00 (two thousand) are filed with district consumer arbitration committees,

b) disputes with a value below TRY 3,000.00 (three thousand) are filed with provincial consumer arbitration committees,

c) in provinces with metropolitan status, disputes with a value between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand) are filed with provincial consumer arbitration committees.
This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the Site. 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: