DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been concluded between the following parties under the terms and conditions set forth below.
A. “BUYER” (hereinafter referred to as the “BUYER” in this Agreement)
B. “SELLER” (hereinafter referred to as the “SELLER” in this Agreement)
NAME – SURNAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that, if the BUYER confirms the order subject to this Agreement, the BUYER will be obliged to pay the price of the order and any additional charges specified, such as shipping fees and taxes, and that the BUYER has been informed thereof.
2. DEFINITIONS
For the implementation and interpretation of this Agreement, the terms set forth below shall have the meanings stated opposite them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: 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 for the account of the party offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for purposes that are not commercial or professional,
WEBSITE: The website belonging to the SELLER,
ORDERING PARTY: A natural or legal person who requests a good or service 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 shopping and intangible goods such as software, audio, images, and similar products prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER through the website belonging to the SELLER.
The prices listed and announced on the website are the sales prices. The announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a specified period shall remain valid until the end of the specified period.
4. SELLER INFORMATION
Title:
Address:
Telephone:
Fax:
Email:
5. BUYER INFORMATION
Person to Whom the Product Will Be Delivered:
Delivery Address:
Telephone:
Fax:
Email/Username:
6. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
6.1. The basic characteristics of the goods/product/products/service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If a campaign has been organized by the SELLER, you may review the basic characteristics of the relevant product during the campaign period. It shall remain valid until the campaign date.
6.2. The prices listed and announced on the website are the sales prices. The announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a specified period shall remain valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the Agreement, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Plan:
Delivery Address:
Person to Whom the Product Will Be Delivered:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
6.4. The shipping fee, which constitutes the shipment cost of the product, shall be paid by the BUYER.
7. BILLING INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:
Invoice Delivery: The invoice shall be delivered together with the order to the billing address at the time of delivery of the order.
8. RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS
The privacy rules/policy and conditions, the applicable principles of which are specified below, shall apply to the protection, confidentiality, processing and use of information, communications, and other matters on the WEBSITE.
8.1. Necessary measures for the security of the information entered and transactions carried out by the BUYER on the WEBSITE have been taken within the SELLER’s system infrastructure, to the extent permitted by current technical capabilities and according to the nature of the information and transaction. However, since such information is entered from the BUYER’s device, the BUYER is responsible for taking the necessary precautions, including those relating to viruses and similar malicious applications, to protect such information on the BUYER’s side and prevent unauthorized persons from accessing it.
8.2. In addition to and in confirmation of the permissions and consents otherwise provided by the BUYER regarding personal data and commercial electronic communications, information obtained during the BUYER’s membership of and purchases from the WEBSITE may be recorded by the SELLER for the provision of various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications and for electronic and other commercial-social communications; may be stored indefinitely or for such period as determined by the specified parties and their successors in printed/magnetic archives; and may, where deemed necessary, be updated, shared, transmitted, transferred, used, and otherwise processed. Such data may also be transmitted to the relevant Authorities and Courts where required by law. The BUYER has consented to and authorized the use, sharing, and processing of the BUYER’s existing and new personal and non-personal information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to the sending of commercial or non-commercial electronic communications and other communications to the BUYER.
8.3. The BUYER may contact the SELLER through the specified communication channels to stop the use-processing of data and/or may stop communications at any time by contacting the SELLER through the same channels in accordance with the legal procedure or by exercising the right of refusal contained in electronic communications sent to the BUYER. In accordance with the BUYER’s explicit notification in this regard, personal data processing and/or communications to the BUYER shall be stopped within the maximum period prescribed by law; furthermore, if requested by the BUYER, information other than that which must and/or may legally be retained shall be deleted from the data recording system or anonymized so that the BUYER’s identity cannot be determined. The BUYER may, at any time, contact the SELLER through the above communication channels and obtain information regarding the processing of personal data, the persons to whom such data has been transferred, correction where the data is incomplete or inaccurate, notification of corrected information to the relevant third parties, deletion or destruction of data, objection to an adverse result arising from the analysis of data through automated systems, and compensation in the event of damage caused by unlawful processing of data. Applications and requests regarding these matters shall be fulfilled within the maximum periods prescribed by law or may be rejected by providing the BUYER with the legal grounds for such rejection.
8.4. All intellectual and industrial property rights and ownership rights regarding all information and content belonging to the WEBSITE, as well as their arrangement, revision, and partial/full use, belong to the SELLER, except for those belonging to other third parties pursuant to the SELLER’s agreements.
8.5. The SELLER reserves the right to make any changes it may deem necessary regarding the matters specified above; such changes shall become effective as soon as they are announced by the SELLER on the WEBSITE or through other appropriate methods.
8.6. Other websites accessed through the WEBSITE are subject to their own privacy-security policies and terms of use, and the SELLER shall not be responsible for any disputes or adverse consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that the BUYER has read and obtained information regarding the basic characteristics, sales price, payment method, and preliminary information concerning delivery of the product subject to the Agreement on the SELLER’s website and has provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER accepts, declares, and undertakes that, prior to the conclusion of the distance sales agreement, the BUYER has accurately and completely obtained the address required 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 shall be 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 statutory period of 30 days 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 completely and in accordance with the specifications stated in the order, together with warranty documents, user manuals, if any, and the information and documents required by the nature of the business; to provide the product free from any defects, in a sound condition and in compliance with standards and legal requirements; to perform its obligations in accordance with the principles of integrity and honesty; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act with prudence and foresight.
9.4. Before the expiration of its contractual performance obligation, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s explicit consent.
9.5. If it becomes impossible for the SELLER to fulfill the ordered product or service and the SELLER is therefore unable to fulfill its obligations under the Agreement, the SELLER accepts, declares, and undertakes to notify the consumer of this situation in writing within 3 days from the date on which it becomes aware thereof and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes to electronically confirm this Agreement for the delivery of the product subject to the Agreement and acknowledges that, if for any reason the price of the product subject to the Agreement is not paid and/or the payment is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after the product subject to the Agreement has been delivered 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 the BUYER’s credit card being unlawfully used by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the transportation costs borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the Agreement within the prescribed period due to force majeure events, such as circumstances arising beyond the will of the parties that could not have been foreseen in advance and that prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER thereof. The BUYER shall have the right to request from the SELLER the cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if any, and/or postponement of the delivery period until the obstructing circumstance ceases to exist. If the order is canceled by the BUYER, for payments made in cash by the BUYER, the product amount shall be paid to the BUYER in cash and in a single payment within 14 days. For payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER’s account after its refund to the bank is entirely related to the bank’s processing procedures, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER by letter, email, SMS, telephone call, and other means for communication, marketing, notification, and other purposes using the address, email address, fixed and mobile telephone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the aforementioned communication activities directed at the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept from the shipping company any damaged or defective goods/services, such as those that are dented, broken, or have torn packaging. Goods/services accepted for delivery shall be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery 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 for the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement for the credit card used for the order for the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order shall be suspended until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER shall have 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 accurate and that the BUYER shall immediately compensate the SELLER, in cash and in a single payment, for all damages incurred by the SELLER due to such information being inaccurate, upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of applicable legislation while using the SELLER’s website and not to violate such provisions. Otherwise, all legal and criminal liabilities arising therefrom shall be fully and exclusively binding upon the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the material or moral rights of others. Furthermore, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, viruses, Trojan horses, etc.).
9.15. Links may be provided through the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by other third parties. These links are provided for the convenience of directing the BUYER and do not constitute an endorsement of any website or the person operating such website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this Agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, if the matter is referred to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the Agreement by rejecting the goods within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/organization at the address specified by the BUYER, provided that the SELLER is notified, without assuming any legal or criminal liability and without giving any reason. In distance contracts concerning the provision of services, this period begins on the date the Agreement is signed. The right of withdrawal cannot be exercised in service agreements where performance of the service has commenced with the consumer’s consent before the expiry of the withdrawal period. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notification must be provided to the SELLER by registered mail with return receipt, fax, or email within the 14 (fourteen)-day period, and the product must not have been used within the framework of the provisions concerning “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this Agreement. If this right is exercised:
a) The invoice for the product delivered to the BUYER or to a third party must be returned. (If the invoice for the product to be returned was issued to a corporate entity, it must be sent together with a return invoice issued by that entity. Returns of orders invoiced to corporate entities cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The box and packaging of the products to be returned, together with their standard accessories, if any, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount and return the documents that place the BUYER under an obligation within no later than 10 days from the date on which the withdrawal notification reaches the SELLER and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason attributable to the BUYER or if return becomes impossible, the BUYER shall be obliged to compensate the SELLER for damages in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If the campaign limit amount determined by the SELLER is no longer met as a result of exercising the right of withdrawal, the discount amount obtained within the scope of the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in accordance with the BUYER’s request or clearly in line with the BUYER’s personal needs and which are unsuitable for return; underwear bottoms, swimsuit and bikini bottoms, cosmetic products, disposable products, goods that are liable to deteriorate rapidly or are likely to expire; products which, after delivery to the BUYER, are unsuitable for return for health and hygiene reasons if their packaging has been opened by the BUYER; products which, after delivery, become mixed with other products and cannot by their nature be separated; goods relating to periodical publications such as newspapers and magazines, except those supplied under a subscription agreement; services performed instantly in an electronic environment 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 where their packaging has been opened by the BUYER cannot be returned pursuant to the Regulation. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer’s consent before the expiration of the withdrawal period.
For cosmetic and personal care products, underwear products, 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 the products must not have been tried, damaged, or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults when making payment transactions by credit card, the BUYER accepts, declares, and undertakes that the BUYER shall pay interest within the framework of the credit card agreement between the BUYER and the card-issuing bank and shall be liable to the bank.
In such a case, the relevant bank may take legal action and may claim the resulting expenses and attorney’s fees from the BUYER. In all circumstances, if the BUYER defaults on the debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for the losses and damages suffered by the SELLER as a result of the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified in the Law, to the consumer arbitration committee or consumer court located at the consumer’s place of residence or at the place where the consumer transaction was carried out.
14. ENTRY INTO FORCE
When the BUYER makes payment for an order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement.
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 Website before the order is completed.
SELLER:
BUYER:
DATE: