**DISTANCE SALES CONTRACT**
1. **PARTIES**
This contract is signed between the parties under the terms and conditions stated below:
A. 'BUYER'; (hereinafter referred to as "BUYER")
B. 'SELLER'; (hereinafter referred to as "SELLER")
Name-Surname:
Address:
By accepting this contract, the BUYER agrees to undertake the obligation to pay the amount of the order subject to the contract and any additional fees such as shipping costs and taxes, if any, once the order is confirmed, and acknowledges being informed about this.
2. **DEFINITIONS**
In the application and interpretation of this contract, the terms written below will express the explanations against them:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: Refers to all kinds of consumer transactions other than providing goods against a fee or benefit,
SELLER: The company acting on its own behalf or on behalf of or on account of a consumer offering goods within the scope of commercial or professional activities,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERING PARTY: A real or legal person who requests a good or service through the website owned by the SELLER,
PARTIES: BUYER and SELLER,
CONTRACT: The contract concluded between the BUYER and SELLER,
GOODS: Refers to movable items subject to shopping and intangible goods prepared for use in electronic environment such as software, sound, image.
3. **SUBJECT**
This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product whose qualities and sales price are specified below, ordered electronically through the website owned by the SELLER.
The listed and announced prices on the site are the sales price. Announced prices and promises are valid until updated and changed. Prices announced temporarily are valid until the end of the specified period.
4. **SELLER INFORMATION**
Title
Address
Phone
Fax
5. **BUYER INFORMATION**
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. **ORDERING PARTY INFORMATION**
Name/Surname/Title
Address
Phone
Fax
Email/username
7. **INFORMATION ON GOODS/SERVICES OF THE CONTRACT**
7.1. The basic characteristics of the Goods/Products/Services (type, quantity, brand/model, color, number) are published on the internet site of the SELLER. You can review the basic features of the product during the campaign organized by the seller. Valid until the campaign date.
7.2. Listed and announced prices on the site are sales prices. Announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.
7.3. The all-inclusive sales price of the goods or services subject to the contract will be shown below.
Product DescriptionQuantityUnit PriceSubtotal
(including VAT)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. In cases of cancellation, the shipping cost, which is the product shipping fee, will be paid by the BUYER.
8. **BILLING INFORMATION**
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the billing address along with the order during delivery.
9. **GENERAL PROVISIONS**
9.1. The BUYER declares and undertakes that he/she has read the basic qualities of the product subject to the contract, the sales price, payment method, and delivery information on the website of the SELLER, and has been informed electronically, giving the necessary confirmation in the electronic environment. The BUYER; By confirming the Preliminary Information in the electronic environment before the establishment of the distance sales contract, he/she accepts, declares, and undertakes that he/she has accurately and completely obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the inclusive price of the products, payment, and delivery information.
9.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, within the period specified in the pre-information section on the website depending on the distance of the BUYER's place of residence, provided it does not exceed the legal 30-day period. 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 agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and information and documents required by the business, in accordance with the requirements of the legal legislation, without any defects, in accordance with the standards, correctly, within the principles of integrity and honesty, to maintain and improve the service quality, to perform the work with attention and care during the performance of the work, to act prudently and foreseeably.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and explicitly obtaining his/her consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill the contractual obligations in the event that the contracted product or service becomes impossible to fulfill, he/she will notify the consumer in writing within 3 days from the date he/she learns of this situation and will return the total price to the BUYER within 14 days.
9.6. The BUYER will confirm this Contract in electronic form for the delivery of the product subject to the contract, and accepts, declares, and undertakes that if the product price is not paid and/or canceled in the bank records, the SELLER's obligation to deliver the contracted product ends.
9.7. The BUYER agrees, declares, and undertakes that if the product subject to the contract is not paid by the relevant bank or financial institution as a result of the unjust use of the BUYER's credit card by unauthorized persons after the delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER will return the product to the SELLER within 3 days, bearing the shipping costs to be borne by the SELLER.
9.8. The SELLER agrees, declares, and undertakes to notify the BUYER if he/she cannot deliver the product subject to the contract within the period due to force majeure situations that occur outside the control of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties' obligations. The BUYER has the right to request from the SELLER the cancellation of the order, replacement of the product subject to the contract with its equivalent if available, and/or postponement of the delivery period until the obstructive situation ceases. If the BUYER cancels the order, the amount of the product paid in cash is returned to him/her in cash and at once within 14 days. If the payment has been made by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges that it may take an average of 2 to 3 weeks to reflect the amount returned by the SELLER to the credit card by the bank to the BUYER's account, and that the reflection of this amount to the BUYER's accounts after its return to the bank is completely related to the bank transaction process, therefore the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes by letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER on the registration form on the site or later updated by him/her. By accepting this contract, the BUYER agrees and declares that the SELLER can engage in the above-mentioned communication activities towards him/her.
9.10. The BUYER will inspect the contracted goods/services before receiving them; he/she will not accept the damaged, broken, torn packaged etc. goods/services from the courier company. It is assumed that the goods/services received are undamaged and intact. After delivery, the responsibility to protect the goods/services carefully belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if there is a security gap in the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the statement of the credit card used in the order from the previous month or a letter from the bank stating that the credit card belongs to him/her. If the BUYER fails to meet the requests within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering to the SELLER's internet site is accurate,
and that he/she will immediately compensate the SELLER for all damages due to the inaccuracy of this information upon the first notification from the SELLER.
9.13. The BUYER undertakes to adhere to the provisions of the legal legislation and not to violate them when using the SELLER's internet site. Otherwise, all legal and criminal obligations will arise fully and exclusively binds the BUYER.
9.14. The BUYER cannot use the SELLER's internet site in any way that disrupts public order, violates general morals, disturbs and harasses others, for an illegal purpose, violates the material and moral rights of others. Also, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or complicate the use of services by others.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned or operated by other third parties may be provided through the SELLER's website. These links are placed to facilitate redirection and do not support any website or the person operating that site and do not guarantee the information contained in the linked website.
9.16. If a member violates one or more of the articles listed in this contract, he/she will be personally responsible for these violations and will hold the SELLER harmless from any legal and criminal consequences of these violations. Additionally, if the case is transferred to the legal realm due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. **RIGHT OF WITHDRAWAL**
10.1. The BUYER can exercise his/her right to withdraw from the contract by rejecting the goods without taking on any legal and criminal responsibilities and without giving any reason, provided that he/she informs the SELLER within 14 (fourteen) days following the delivery of the product to himself/herself or the person/organization at the address shown. In contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised for service contracts before the end of the right of withdrawal period if the service 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 pre-accepts that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required to notify the SELLER by registered mail, fax, or email within the 14-day period and that the product has not been used according to the provisions of "Products that Cannot be Returned" regulated in this contract. In case this right is exercised,
a) The invoice of the product delivered to a third person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation when returning. Order returns whose invoices are issued in the name of corporations cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, standard accessories if any, and other products to be returned should be delivered complete and undamaged.
d) The SELLER is obliged to return the total amount and the documents putting the BUYER under debt to the BUYER within 10 days following the receipt of the withdrawal notification and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER in proportion to his/her fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the period of the right of withdrawal.
f) If the campaign limit amount set by the SELLER is decreased below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. **PRODUCTS THAT CANNOT BE RETURNED**
Goods that are prepared in line with the request of the BUYER or clearly personal needs and are not suitable to be sent back, undergarments, swimsuits and bikini bottoms, makeup materials, disposable products, goods that are at risk of deterioration or that are likely to pass their expiration date, products which are not suitable for return in terms of health and hygiene if their packaging is opened after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodical publications such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and the return of sound or video recordings, books, digital content, software programs, data storage and data storage devices, computer consumables, if the packaging is opened by the BUYER are not possible due
to regulations. Moreover, the right of withdrawal cannot be exercised for services started with the consent of the consumer before the end of the right of withdrawal period.
Cosmetic and personal care products, underwear items, swimsuits, bikinis, books, software and programs that can be copied, DVDs, VCDs, CDs, and cassettes as well as stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused to be returnable.
12. **DEFAULT AND LEGAL CONSEQUENCES**
If the BUYER falls into default in the case of payment transactions made with a credit card, he/she agrees, declares, and undertakes to pay interest and be liable to the bank within the framework of the credit card agreement made with the cardholder bank. In this case, the bank can take legal action; demand the costs and attorney fees from the BUYER and if the BUYER defaults on his/her debt, he/she accepts, declares, and undertakes to pay the damages and losses the SELLER suffered due to the delayed performance of the debt.
13. **AUTHORIZED COURT**
Complaints and objections arising from this contract will be applied according to the provisions of the relevant law, and the courts of Izmir are authorized.
This Contract is made for commercial purposes.
14. **EFFECTIVENESS**
The BUYER is deemed to have accepted all terms of this contract when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software adjustments to ensure that the contract is read and accepted by the BUYER on the site before the realization of the order.