Distance Sales Agreement
1. PARTIES
This Agreement is made between the following parties, in accordance with the terms and conditions specified below:
‘BUYER’; (hereinafter referred to as “BUYER” in this agreement)
Name Surname:
Address:
‘SELLER’; (hereinafter referred to as “SELLER” in this agreement)
Name Surname:
Address:
By accepting this contract, the BUYER agrees in advance that if the subject of the contract approves the order, they will be obligated to pay the price of the order and any additional fees, such as shipping fees and taxes, and that they have been informed about these conditions.
2. DEFINITIONS
For the purposes of this agreement, the following terms shall have the meanings specified below:
- MINISTER: Minister of Customs and Trade,
- MINISTRY: Ministry of Customs and Trade,
- LAW: Law on Consumer Protection No. 6502,
- REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188),
- SERVICE: Any consumer transaction other than the supply of goods, made or promised to be made in return for a fee or benefit,
- SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf of or representing the supplier,
- BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for commercial or non-professional purposes,
- SITE: The website of the SELLER,
- CUSTOMER: The natural or legal person who requests goods or services via the SELLER’s website,
- PARTIES: SELLER and BUYER,
- AGREEMENT: This contract concluded between the SELLER and the BUYER,
- GOODS: Movable goods subject to shopping and intangible goods such as software, sound, image, and similar products prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties under Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of goods or services, the features and sales price of which are specified below, which the BUYER has ordered electronically through the SELLER’s website.
The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the specified period ends.
4. SELLER INFORMATION
- Title:
- Address:
- Phone:
- Fax:
- Email:
5. BUYER INFORMATION
- Person to be delivered:
- Delivery address:
- Phone:
- Fax:
- Email/username:
6. ORDERING PERSON INFORMATION
- Name/Surname/Title:
- Address:
- Phone:
- Fax:
- Email/username:
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
- The basic features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the SELLER, the BUYER can examine the basic features of the relevant product during the campaign period.
7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is as follows:
- Product description
- Piece
- Unit price
- Subtotal (VAT included)
- Shipping amount
- Total:
- Payment Method and Plan
- Delivery address
- Person to be delivered
- Billing address
- Order date
- Delivery date
- Delivery method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
- Name/Surname/Title
- Address:
- Phone:
- Fax:
- Email/username:
Invoice delivery: The invoice will be delivered during the delivery of the order to the invoice address, along with the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information about the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER’s website and have been fully informed. The BUYER confirms this in the electronic environment.
9.2. Each product subject to the contract will be delivered to the person and/or organization at the address specified by the BUYER, within the period indicated in the preliminary information section of the website, depending on the distance from the BUYER’s residence, but in no case exceeding the statutory 30-day period. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualities specified in the order, including any warranty documents, user manuals, and other necessary documents. The SELLER commits to performing all activities in accordance with legal standards and principles of accuracy and honesty.
9.4. If it is impossible to fulfill the product or service subject to the order, the SELLER will notify the BUYER within 3 days from learning of this situation and will return the total price to the BUYER within 14 days.
9.5. The BUYER acknowledges that if the product price is not paid for any reason, or is canceled in the bank records, the SELLER’s obligation to deliver the product will end.
9.6. If the product is delivered to an unauthorized person using the BUYER’s credit card, the BUYER agrees to return the product within 3 days at the SELLER’s expense.
9.7. The SELLER will notify the BUYER if the product cannot be delivered on time due to unforeseen circumstances (force majeure). The BUYER can cancel the order, demand a replacement, or delay the delivery until the obstacle is removed.
9.8. The SELLER’s contact details, such as address, email, phone numbers, etc., can be used to contact the BUYER for marketing, notification, and other purposes. The BUYER agrees to this by accepting the contract.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 days of receiving the goods, by notifying the SELLER in writing. The cost of withdrawal will be borne by the SELLER.
10.2. To exercise the right of withdrawal, the BUYER must provide written notification within 14 days, and the product should not be used. Conditions for return are as follows:
- Invoice of the product delivered to the BUYER or a third person
- Return form
- The products must be returned complete, undamaged, and with original packaging.
The SELLER is obligated to return the total price and related documents within 10 days from receiving the withdrawal notification and to return the goods within 20 days.
11. PRODUCTS THAT CANNOT BE RETURNED
Underwear, swimwear, makeup materials, disposable products, goods likely to spoil quickly, and items that have been personalized for the BUYER cannot be returned if opened. Products unsuitable for health or hygiene after opening also cannot be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees to pay interest in case of default as per the credit card agreement. If default occurs, the relevant bank may take legal action and the BUYER will be liable for all associated costs.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the arbitral tribunal or consumer court in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below. Information on the monetary limit is below:
a) To district consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes whose value is less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER:
BUYER:
DATE: