DISTANCE SALES AGREEMENT
This sales contract will be updated with the product information you receive after completing your shopping and will be forwarded to you.
B ) TERMS OF CONTRACT
........................ Sanayi Ve Ticaret Limited Şirketi delivers/sells the products offered for sale through this distance sales channel to the final consumers. Within the scope of this Distance Sales Agreement (CONTRACT), the consumer (BUYER) and
........................ Sanayi Ve Ticaret Ltd. Şti (SELLER), separately referred to as PARTY, together as PARTIES.
C) PURPOSE AND SUBJECT
This Contract, in accordance with the Law No. 6502 on the Protection of Consumers (LAW) and the Regulation on Distance Contracts (REGULATION), belongs to the Seller ..........
(WEBSITE) has been arranged in order to inform the Buyer about the terms and conditions regarding the sale and delivery of the products ordered electronically and to determine the mutual rights and obligations of the Parties. These rights and obligations shall apply to all products offered for sale by the Seller through the Website.
As a result, ordering a product offered for sale by the Buyer through the Website constitutes acceptance of the entire Agreement about which the Buyer is informed before placing an order.
The Seller reserves the right to unilaterally change the provisions of this general Agreement. However, the provisions of the Contract in force at the time of placing the order by the Buyer shall apply to the respective order.
This Agreement is supplemented by the "Disclaimer and Terms of Use" on the Website.
D) THE BUYER HAS BEEN INFORMED IN ADVANCE
Seller's title and contact information, as well as up-to-date identification information,
The sales process stages during the purchase of the Product / Products from the Website and the appropriate tools and methods related to the correction of the information entered incorrectly,
Confidentiality applicable to the Buyer information applied by the Seller, data use-processing and electronic communication rules to the Buyer and the permissions granted by the Buyer to the Seller in this regard, the legal rights of the Buyer, the rights of the Seller and the procedures for exercising the rights of the parties,
The payment method and tools accepted by the seller for the Product(s) subject to the contract are the basic features and characteristics of the Products, the total price including taxes (the total amount to be paid by the Buyer to the Seller including other costs)
Procedures for the delivery of the products to the Buyer and transportation, delivery and cargo costs,
Other payment, collection and delivery information related to the products and information related to the performance of the Contract, the commitments and responsibilities of the parties in this regard,
Products and other goods and services for which the Buyer does not have the right to withdraw,
In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure of use of this right and the Buyer will lose this right if he does not use the right of withdrawal within the period,
In the case of Products that have the right of withdrawal, if the Product is disrupted or changed due to the fact that it is not used in accordance with the instructions for use, its usual operation or technical specifications during the withdrawal period, the Buyer may not accept the withdrawal request and in any case will be responsible to the Seller, and in cases where the Seller accepts, it may collect an amount that it deems appropriate according to the said defect or change with an offset from the refund to be made to the Buyer,
In cases where there is a right of withdrawal, how the Seller can return the Products and all relevant financial issues (return procedure, methods and means of return and expense),
If the BUYER is a legal person, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case), the BUYER cannot use the "consumer rights", especially the right of withdrawal, since the business in question is a commercial business,
According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed by the Buyer for the period requested by the Buyer as it is sent to the Buyer by electronic mail after it is approved and established by the Buyer on the Website, and the Seller can keep it for three years,
Transaction on privacy, personal data and electronic business communications - applications,
In case of dispute, the Buyer may submit his complaints to the Seller with the contact information and legal applications to the District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502 have been notified by the Seller to the Buyer without establishing a contract and the Buyer is deemed to have been informed about the above-mentioned issues.
E) RIGHT OF WITHDRAWAL
Buyer has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product(s) ordered without any justification and without penalty. However, in accordance with the Law and Regulation, there is no right of withdrawal in contracts for the following goods and services, even if they are not used / utilized: provided that they have not used the product.
A) Goods prepared in accordance with the Buyer's special requests or his personal needs (including those that are made special to the person/personal needs by making changes or additions, special products imported/procured from within or outside the country pursuant to the Buyer's order)
B) Cosmetics etc. and spices, etc. Foodstuffs and goods that can perishable or expire, such as coals that lose their thermal value after opening the package,
C) Again, cosmetics, swimwear, underwear products, etc. after delivery, protective elements such as packaging, tape, seal, package are opened and the return of the goods is not suitable for health and hygiene,
D) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
E) All kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc. with opened protective elements such as packaging, tape, seal, package and computer consumables; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered to the consumer instantly f) goods or services whose price varies depending on the fluctuations in the financial markets and are not under the control of the seller / provider, g) periodicals such as newspapers and magazines, except those provided under the subscription contract.
h) accommodation, goods transportation, car rental, food and beverage, supply and leisure service that must be performed on a certain date or period, i) Services that are started to be performed within the period of the right of withdrawal with the approval of the Buyer and j) Other goods-services generally accepted outside the scope of distance sales in accordance with the relevant legislation and where the Buyer purchases for commercial / professional purposes.
In cases where the exercise of the right of withdrawal is possible, the Buyer is responsible by law for the changes and deterioration that occur if he does not use the goods in accordance with the operation, technical specifications and instructions for use within the withdrawal period. Accordingly, if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation of the Product in the period until the withdrawal date, the Buyer may lose the right of withdrawal; In cases accepted by the Seller, a discount is made from the price of the Product to be returned up to the change / deterioration.
In cases where there is a right of withdrawal, it is sufficient for the Buyer to have directed a clear notification that he has exercised his right of withdrawal to the Seller within the statutory 14-day period (to the contact addresses mentioned above, in writing). If the said right is used within the period, the Product must be sent to the above address of the Seller within a maximum of ten (10) days at the expense of the Buyer. If a contracted cargo company is specified on the Website for product returns, the Buyer may send the Product from its branch within the District where it is located or elsewhere, in which case no expense will be charged to the Buyer. (CARGO COMPANY)
In this return process, the Product must be delivered complete and undamaged with its box, packaging, standard accessories, if any. In addition, in accordance with the tax legislation, in addition to the cases where the Return Invoice is required by law by the Buyer, the following section on the invoice to be returned with the Product will be filled in and signed. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless the Return Invoice is issued).
"The address where the product will be returned, the Seller address / the address of the cargo company delivered for the return."
Provided that the above mentioned requirements are fulfilled by the Buyer, within 14 days from the date of receipt of the withdrawal notification to the Seller, the Product price and the delivery costs of the Product to the Buyer, if any, shall be returned to the Buyer in accordance with the payment instrument used to purchase the Product. The rights and obligations of the Buyer after the withdrawal period regarding the Products and the rights and obligations of the Seller from the Buyer, including contractual and legal collection-offset rights, including those related to reward points, gift certificates and free facilities, are also present and valid.
F) RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL RIGHTS
The privacy rules-policy and conditions specified below are valid for the protection, confidentiality, processing-use of information on the Website and for the communications and other issues.
1. Necessary for the security of information and transactions entered by the Buyer on the Website
The measures have been taken in the system infrastructure on the Seller's side according to the nature of the information and transaction to the extent of today's technical possibilities. However, since such information is entered from the Recipient's device, it is necessary for it to be protected by the Buyer and not to be accessed by unrelated persons, including those related to viruses and similar harmful applications.
The responsibility for taking the measures belongs to the Buyer.
2. In addition to and confirming the Buyer's consents to the personal data and commercial electronic communications otherwise granted; The information obtained during the Buyer's membership and purchases on the Website is provided by the Seller, its existing and future subsidiaries, subsidiaries, partners, successors and/or third parties / organizations to be determined by them, for the provision of various products / services and for electronic and other commercial-social communications to be made for all kinds of information, advertising - promotion, communication, promotion, sales, marketing, credit card and membership applications, before the specified ones and their successors. It can be recorded indefinitely or for the period they foresee, stored in printed / magnetic archives, updated, shared, transferred, transferred, used and processed in other ways when deemed necessary. This data may also be forwarded to the relevant Authorities and Courts where required by law. The Buyer has given his/her consent and permission to use, share, process his/her existing and new non-personal information, the legislation on the protection of personal data and the electronic commerce legislation within the above scope and to make non-commercial electronic communications and other communications to him.including ................... Ltd. Sti.
3. The Buyer may stop the data usage-processing by reaching the Seller through the specified communication channels and/or by reaching the Seller through the same channels or by using the right of refusal in the electronic communications sent to him/her. According to the Buyer's express notification in this regard, personal data transactions and/or communications to the party shall be suspended within the legal maximum period; and if he wishes, his information, except for those that are required to be retained by law and/or what is possible, shall be deleted from the data recording system or anonymized in an unidentified manner. If the Buyer wishes, the Seller is always asked to the Seller through the above communication channels on issues such as the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction if it is incomplete or incorrect, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the occurrence of a result against him by analyzing it with automatic systems, and the elimination of the data in case of damage due to unlawful processing. can apply and get information. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification.
4. All kinds of information and content of the Website and their arrangement, revision and partial / complete use; According to the Seller's agreement, except those belonging to other third parties; all intellectual and industrial rights and property rights belong to the Seller.
5. The Seller reserves the right to make any changes that it may deem necessary in the above matters; such changes shall be effective from the moment they are announced by the Seller on the Website or by other appropriate means.
6. Their own privacy-security policies and terms of use are valid on other sites accessed from the Website, and the Seller is not responsible for the disputes and negative consequences that may arise.
G) GENERAL PROVISIONS
Product Price
The sales prices in TL that are valid at the time the relevant order is placed by the Buyer and specified in TL are applied to the products on the Website. The sales price of the products on the Website may be changed by the Seller from time to time. Such changes shall not affect the order already placed by the Buyer. The sales prices stated on the Website are valid only for remote sales.
Shipping fee is not included in the sales prices specified on the Website; The shipping fee will be added separately to the price of the purchased products. The shipping fee will be specified by the Buyer before the order is registered.
The sales prices stated on the Website include value added tax (VAT).
Product Essentials
Buyer may select one or more products in different categories through the Website.
The Seller may change the variety of products offered for sale on the Website at any time, in particular for reasons arising from its suppliers. Such changes shall not affect the order already placed by the Buyer.
The products offered for sale through the Website comply with the Turkish legislation in force.
Product Stock Information
Special offers, promotions, campaigns or discounts will be valid on the specified dates and/or until stocks are sold out. The Seller has the authority to cancel the order in possible cases such as system rule violation and system error regarding special rights such as points, discounts given within the Website. No claim can be made from the Seller in this regard.
Product stock information is notified to the Buyer at the time of placing an order. In this information, error or change may be exceptional due to technical reasons. In cases where, for whatever reason, some or all of the products are not in stock, the Buyer shall be informed of when the products will be supplied or that all or part of the order has been canceled.
Order
Placing an order by the Buyer, the "Legal Notice and Usage on the Website"
Terms" means the acceptance of the text.
All orders are subject to these provisions and the "Legal Notice and Use" on the Website
Terms" is properly processed.
Before the confirmation of the order, the Buyer may confirm the details of the final version of the order and correct any inaccuracies.
This Agreement is concluded when the Buyer confirms his order by clicking on the "Confirm your payment" or "Confirm your cart" tab. It is assumed that the Buyer is aware of the said order he has approved, and in particular the content and conditions of this Agreement, that he will be obliged to pay at the time he approves his order and that he knows the price, volume / weight, basic characteristics, quantity and delivery conditions of the products he has ordered. The order in question will be confirmed by sending an e-mail to the e-mail address provided by the Buyer. The Seller recommends that this confirmation e-mail be stored in physical or electronic form. In the event that there is a problem in accessing the Buyer's e-mail address or if this confirmation e-mail cannot be received, the Seller shall not be liable. In such a case, the approved order shall be deemed valid, except if the order is cancelled by the Seller for lawful reasons. For the avoidance of doubt, the Buyer reserves the right of withdrawal specified in this Agreement.
In order to deliver the product subject to the contract to the Buyer, the Preliminary Information Form and this Agreement must be electronically concluded/approved by the Buyer and the full sales price must be paid by the Buyer. If, for any reason, all or part of the product price is not paid, or if it is canceled in the bank records or if any fraudulent transaction or attempt to do so is detected in the use of the Website, the Seller shall be deemed to be relieved of the performance of the order and the obligation to deliver the order.
Payment
The buyer can pay via Internet Banking or by one of the cash payment methods at the door. Buyer acknowledges and declares that he/she has all necessary legal permissions/status regarding his/her preferred methods of payment. If the Buyer is not otherwise prescribed by the Seller in writing, he must have paid the price in full before receiving the Product. In advance sales, if the Product price is not paid to the Seller in full before delivery, and if the amount of the installment due in installment sales is not paid, the Seller may unilaterally cancel the contract and not deliver the Product. If, for any reason after the delivery of the product, the Bank/financing institution to which the credit card is processed does not pay the Product price to the Seller or requests a refund of the price paid, the Product shall be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the product price is caused by a fault of the Buyer or negligence, the shipping costs shall be borne by the Buyer. All other contractual and legal rights of the Seller, including the follow-up of the receipt of the Product price without accepting the return, are also reserved and in any case. In order to avoid hesitation; In cases where the Buyer pays the sales price with the credit card, installment card etc. he has from banks (including financing institutions.b), all the facilities provided by these cards are credit and/or installment payment facilities provided directly by the card issuer; Product sales realized within this framework and for which the SELLER collects the price repeatedly or gradually, are not credit or installment sales in terms of the parties to this Agreement, but cash sales. The legal rights of the SELLER in cases that are legally considered as sales in installments (including the right to terminate the contract in case of non-payment of the installments and/or to demand the payment of the remaining debt together with the default interest) are present and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest is applied at the monthly rate as stipulated by the applicable laws.
Delivery
The Seller shall deliver the order placed by the Buyer to the delivery address specified by the Buyer within the period he undertakes, in any case, within 30 (thirty) days from the date of receipt of the order. [Should be specified by regions/cities or if there are other shipping restrictions.] Unless otherwise specified by the Seller, the delivery costs (shipping fee and other costs) belong to the Buyer. In the event that the Buyer is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled his obligation in this regard. In the event that there is no one to receive delivery at the address, it is the responsibility of the Buyer to follow the shipment of the products by contacting the cargo company. If the product is to be delivered to a person / organization other than the Buyer, the Seller cannot be held responsible for the fact that the person / organization to be delivered is not at the address or does not accept the delivery. In such cases, all kinds of damages arising from the Buyer's late receipt of the Product and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo has been returned to the Seller shall also belong to the Buyer.
The seller is responsible for ensuring that the product is delivered robust, complete and in accordance with the qualifications specified in the order and together with the warranty documents and user manuals, if any.
If the seller cannot deliver the product within the deadline due to force majeure, he is obliged to notify the Buyer. In this case, the Buyer may exercise one of the rights to cancel the order in question and to refund the order price and/or to replace the product subject to the contract with its counterpart, if any, and/or to postpone the delivery time until the disabling situation is eliminated.
Defective Products
The buyer or the third parties who receive the order are responsible for checking the product boxes and packaging and the external appearance of the product during delivery, checking the Product at the time of receipt and not accepting the Product when they see a problem caused by the cargo in the Product and keeping a report with the Cargo company official. Otherwise, the Seller will not accept any responsibility.
In the event that the product box is open, damaged or has a liquid stain on it, there is an unusual situation in the products (missing or broken/damaged product) or the wrong product has arrived, the Buyer or the third party receiving the order must follow the following procedure.
The buyer or the third party receiving the order shall follow the procedure to be followed if they encounter an unusual situation mentioned above.... Customer Service at Number One
they can also learn by calling.
- Procedure to be followed: Firstly, please do not open the box/packaging (tape and/or seal, if any); otherwise, your refund request will not be met. To create your request, please fill out the Return Form for your order that you want to return within 14 (fourteen) days through your Website account or by logging in to the Website with your order number. After filling out the said Return Form, you can deliver the product to the nearest contracted cargo company branch with the code number, invoice or waybill document to be given to you. The product(s) in question and your request are examined and sent to you
will be returned as soon as possible. If your request is justified, all payments made by you, including shipping costs, for the returned product will be refunded to you in accordance with the payment instrument you used to make the purchase.
Suggestions and Complaints
For all your questions, complaints and recommendations regarding the products offered for sale and the use of the products offered for sale through the Website ........ Customer Service
You can reach me by phone at .............. You can send an e-mail to
H) BUYER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES
In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced by the Ministry of Customs and Trade every year as required by law, and the Consumer Courts in cases exceeding these limits are authorized. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts in his place of residence (residence) or, if he wishes, in the Seller's place of residence.
The Buyer has read all the articles and explanations written in this Agreement and in the order-contract preliminary information (on the Website) that constitute an integral part, and that he/she has prior knowledge of all the matters written in the Contract, including the basic features-characteristics of the Product/Products subject to sale, the sales price, the payment method, the delivery conditions, the Seller and all other preliminary information-information about the Product subject to sale-information and the right of withdrawal and personal information-electronic communication conditions, accepts and declares that it has seen all of them electronically on the Website and that it accepts the provisions of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission to all of them in electronic environment.
Both the forementioned preliminary information and this Agreement are also sent to the above e-mail address notified by the Buyer to the Seller, and the confirmation of receipt of the order in the said e-mail is included separately with the order summary.
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