DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement ("Agreement") has been established electronically between the Buyer and the Seller within the framework of the terms and conditions set forth below. The Buyer and the Seller shall be referred to as the "Parties" together and separately as the "Party" within the scope of the Agreement.
2. DEFINITIONS
In the application and interpretation of the Agreement, the terms written below shall express the written explanations against them.
BUYER:
A natural person who acquires, uses or benefits from a Good or Service for commercial or non-professional purposes,
Ministry:
Ministry of Commerce of the Republic of Türkiye,
Bank:
Licensed institutions established in accordance with the Banking Law No. 5411,
Service:
Subject of any consumer transaction other than providing a Product made or promised to be made in return for a fee or benefit,
Law:
Consumer Protection Law No. 6502,
Shipping company:
The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer, and the delivery of the product to the Seller by receiving it from the Buyer in the return processes,
Preliminary Information Form:
The form prepared to inform the Buyer about the minimum issues specified in the Regulation before the contract is concluded or any offer is accepted by the Buyer,
Platform:
The website www…….com and its mobile application,
Sales person:
Real and/or legal persons, including public legal entities, who provide the Product/Service to the consumer for commercial or professional purposes or act on behalf of or on behalf of the Product/Service provider and whose information is provided in Article 5 of the Contract,
Agreement:
Contract concluded between the Seller and the Buyer,
Product:
movable goods subject to shopping
Regulation:
Refers to the Distance Contracts Regulation.
3. SUBJECT and SCOPE OF THE AGREEMENT
3.1. Pursuant to the provisions of the Law and Regulation, regarding the sale and delivery of the Product/Service with the qualifications specified in the Contract, which the Buyer has ordered electronically for the purchase of the Product/Service on the Platform, The Parties accept, declare and undertake that they know and understand their obligations and responsibilities arising from the Law and Regulation under the Contract.
3.2. In accordance with the legislation, the following Product/Service sales are not within the scope of the Agreement.
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunication operators via public telephone,
d) Services related to betting, drawing, lottery and similar games of chance,
e) Formation, transfer or acquisition of immovable property or rights related to these goods,
f) Housing rental,
g) Package tours,
h) Timeshare, timeshare, long-term holiday service and their resale or exchange,
i) Taking daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,
j) Passenger transportation services,
k) Installation, maintenance and repair of products,
l) Social services to support families and individuals, such as nursing home services, child, elderly or sick care.
m) Value-added electronic communication services, which are not subscription-free, established via short messages and fully performed simultaneously, donations within the scope of Aid Collection Law No. 2860 dated 23/6/1983, and value-added electronic communication services offered by public institutions.
4. ISSUES WHICH WAS INFORMED BEFORE THE BUYER
Before the order is created and the Contract is concluded, the Buyer, all general-specific explanations on the relevant pages and sections of the Platform, the Contract, the Preliminary Information Form and in other ways, the contract and its implementation, including the ones listed below. It accepts, declares and undertakes that it has been informed accurately and completely about all issues related to the
a) Basic characteristics of the Product/Service,
b) Seller's name or title, MERSIS number or tax identification number and contact information and other identifying information,
c) Means-methods suitable for the purpose of correcting the incorrectly entered information and the sales transaction stages during the purchase of the Product/Service from the Platform,
d) Electronic contact information where the Seller is a member of the Chamber of Commerce (… Chamber of Commerce) and the rules of conduct stipulated by the Chamber of Commerce regarding the profession (Phone: …. , www…..tr)
e) Confidentiality, data usage-processing and electronic communication rules applicable to the Buyer information applied by the Seller and the scope of the Buyer's permissions to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the parties' rights usage procedures,
f) Shipping restrictions stipulated by the Seller for the Product/Service,
g) Payment methods-means accepted for the Product/Service, the total sales price of the Product/Service including taxes,
h) Information on the procedures regarding the delivery of the Product/Service to the Buyer and additional costs such as shipping-delivery-cargo costs,
i) Other payment/collection and delivery information and time regarding the Product/Service and other information regarding the performance of the Contract and the Parties' responsibilities in these matters,
j) Information on the conditions under which the Buyer will not be able to benefit from this right or under what circumstances he will lose this right, including if the right is not used in due time, in cases where he cannot use his right of withdrawal,
k) In cases where the Buyer has the right of withdrawal, the terms, duration and procedure of using this right, information about the Cargo Company stipulated by the Seller for the return, and all financial issues (return method and cost, return of the contract price and earned by the Buyer during the return) /including discounts and deductions that can be made due to used reward points),
l) The full address, fax number or e-mail information to which the withdrawal notification will be made,
m) Upon the Seller's request, deposits or other financial guarantees, if any, to be paid or provided by the consumer and the conditions thereof,
n) Technical protection measures, if any, that may affect the functionality of digital contents,
o) Details of the Buyer's terms of use (special conditions) regarding various opportunities that may be applied on the Platform from time to time,
p) Information on which hardware or software the digital content can work with, which the Seller knows or reasonably expects to know,
q) Information on all other sales conditions in the Contract according to its nature and after the Contract has been approved and established by the Buyer on the Platform, that the Contract will be sent to the Buyer by e-mail upon the Buyer's request and that the Buyer can access the Agreement from his membership account,
r) Information that the Buyer can make its applications to the Consumer Court or the Consumer Arbitration Committee in case of disputes.
5. BUYER, SELLER AND INVOICE INFORMATION
RECEIVER INFORMATIONS
Delivery Person:
Delivery address:
Telephone:
Fax:
Email/Username:
SELLER INFORMATION
Seller's Trade Name / Name and Surname:
… LIMITED COMPANY
Seller's Address:
Seller's Mersis Number:
Seller's Tax Identification Number:
Seller's Phone:
Seller's Fax Number:
Seller KEP and Email Information:
BILLING INFORMATION
Commercial Title / Name and Surname:
Tax Office and Tax Identification Number:
Address:
Telephone:
Fax:
Email/Username:
Invoice Delivery:
The invoice will be delivered to the delivery address at the time of order delivery, together with the order and/or to the e-mail address via e-invoice method.
6. PRODUCT/SERVICE INFORMATION
6.1. The basic features (type, quantity, brand/model, color, number, price) of the Product/Service are available on the Platform and can be examined in detail on the Platform.
6.2. All amounts to be paid in return for the Product/Service (sales price including all taxes, shipping cost, installment difference amount, total discount amount for simultaneous purchases from the open market and/or other boutiques, etc.) are shown in the table below.
Product/Service Description Quantity Subtotal (Including VAT)
1 TL
1 TL
Cargo Amount .
Delivery address:
Delivery Person:
Billing address:
Order date:
Delivery method:
Delivery to Buyer
Delivery time*:
30 days at the latest
Delivery Time to the Cargo Company**:
*Exceptions in the contract and related legislation provisions are reserved.
**The specified time is not a commitment to delivery, it refers to the time of delivery by the seller to the cargo company.
6.3. THE PRODUCT PRICE IS COLLECTED BY THE SELLER FROM THE BUYER. BY PAYING THE PRICE OF THE GOODS TO THE SELLER, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT AND WILL NOT BE UNDER THE OBLIGATION TO PAY AGAIN. RETURN RIGHTS OF THE BUYER UNDER RELATED LEGISLATION ARE RESERVED.
7. GENERAL PROVISIONS
7.1. The Seller accepts, declares and undertakes to deliver the Product/Service completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and other information and documents required to be delivered with the Product/Service as per the legislation.
7.2. The product is delivered by the Cargo Company to the delivery address specified by the Buyer on the Platform, within the promised delivery period and in any case not exceeding the legal period of 30 (thirty) days, to the Buyer or the third party determined by the Buyer. If the Seller fails to fulfill its obligations within this period, the Buyer may terminate the Agreement. However, the delivery period may exceed the relevant 30 (thirty) days for the product/service sales prepared in line with the Buyer's request or personal needs. In addition, the delivery time for the Product/Service whose order status is specified as “Pre-Order” or “Make-to-Order” may exceed 30 (thirty) days, and the Buyer may choose “Make-to-Order” or “Pre-Made to Order” prepared in line with the Buyer's request or personal needs. When he/she purchases a Product/Service with the status of “Order”, he/she will not be able to terminate the Agreement due to the fact that the delivery is not made within 30 (thirty) days.
7.3. The Seller sends the Product to the Buyer through the Cargo Company and has it delivered. In case the Cargo Company does not have a branch in the Buyer's location, the Buyer must receive the Product from another nearby branch of the Cargo Company notified by the Seller.
7.4. In the event that the Buyer does not receive the Product/Service for any reason, the Buyer shall be deemed to have returned the Product/Service, and in this case, all payments collected from the Buyer, including the delivery costs, if any, shall be paid by the Buyer within the legal period. or will be refunded.
7.5. In the event that the Buyer or the third party determined by the Buyer is not present at the address at the time of delivery, the Seller shall not be liable for the damages and expenses arising from the Buyer's late delivery and/or non-delivery of the Product/Service.
7.6. The delivery costs of the Product/Service belong to the Buyer unless otherwise stated. If the Seller has declared on the Platform that the delivery fee will be covered by himself, the delivery costs will belong to the Seller.
7.7. The Seller will be able to supply an equivalent Product/Service by informing the Buyer on the Platform and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
7.8. In cases where the performance of the Product/Service becomes impossible, the Seller shall notify the Buyer in writing or with a data keeper within 3 (three) days from the date of learning of this situation, and all the collected payments, including the delivery costs, if any, shall be paid at the latest 14 days after the notification date. It must be returned within fourteen (fourteen) days. The case that the Product/Service is out of stock is not considered as the impossibility of fulfilling the Product/Service performance.
7.9. The Buyer shall inspect the Product before receiving it; dented, broken, torn packaging, etc. will not receive the damaged, defective or incomplete Product/Service. The received Product/Service shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the Product after delivery. If the right of withdrawal is to be exercised, the Product/Service must not be used and must be returned together with the Product/Service invoice and all other documents (for example, warranty certificate, user manual, etc.) submitted to the Buyer at the time of delivery.
7.10. The Buyer is obliged to pay the price subject to the Contract, and accepts, declares and undertakes that the Seller's obligation to deliver the Product/Service and other obligations arising from the Contract shall cease if the contract price is not paid and/or canceled in the Bank's records for any reason. The Buyer accepts, declares and undertakes that the Seller has no responsibility for the payments made by the Bank to the Seller despite the failure code sent by the Bank for any reason.
7.11. After the delivery of the Product, the Buyer shall return the Product to the Seller within 3 (three) days at the Buyer's expense, in case the amount subject to the Contract is not paid to the Seller by the relevant Bank as a result of the unfair use of the Buyer's credit card by unauthorized persons. It accepts, declares and undertakes that it will return it to .
7.12. For any reason under the contract, it is not necessary to refund the Buyer.
11. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
11.1. The buyer cannot exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the Seller,
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer,
c) Contracts for the delivery of perishable or expired goods,
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene,
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
f) Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the product,
g) Contracts regarding the services that have been started with the Buyer's approval before the expiry of the right of withdrawal,
the right of withdrawal cannot be exercised; In terms of these orders, no return code will be generated through the Platform.
11.2. In case the Product/Service consists of Product/Service types that are excluded from the scope of application of the Regulation (listed in Article 11.1 of the Agreement), the right of withdrawal cannot be exercised because the provisions of the Regulation cannot be applied to the legal relationship between the Buyer and the Seller; In terms of these orders, no return code will be generated through the Platform.
11.3. In cases where an electronic code is purchased through the platform, there will be no right of withdrawal in accordance with the Regulation on the orders in question. In terms of these orders, no return code will be generated through the Platform.
12. RESOLUTION OF DISPUTES
12.1. In the implementation of the contract, Consumer Arbitration Committees and Consumer Courts are authorized in the place where the Buyer purchased the Product/Service and where he or she resides, in accordance with the values announced by the Ministry.
13. NOTICES and EVIDENCE AGREEMENT
13.1. All kinds of correspondence to be made between the Parties under the contract will be made in writing, except for the obligatory cases listed in the legislation.
13.2. The Buyer accepts, declares and undertakes that the Seller's commercial books, computers, records and other documents will constitute binding, definitive and exclusive evidence in disputes that may arise from the Contract, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
14. EFFECTIVENESS
14.1. The Contract, which consists of 14 (fourteen) articles, was read by the Parties and concluded and entered into force by being approved by the Buyer electronically on the transaction date. A copy of the Agreement is available in the Buyer's membership account and can also be sent via e-mail upon request.