DISTANCE SALES CONTRACT
1. PARTIES
This Distance Sales Agreement ("Agreement") has been established electronically between the Buyer and the Seller under the terms and conditions set forth below. The Buyer and the Seller will be referred to as "Parties" together and separately as "Party" under the Agreement.
2. DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them.
RECIPIENT : A natural person who acquires, uses or benefits from a Good or Service for non-commercial or non-professional purposes,
Ministry : The Ministry of Trade of the Republic of Turkey,
Bank : Licensed institutions established in accordance with the Banking Law No. 5411,
Service : The subject of any consumer transaction, other than the provision of a product, which is made or promised to be made in return for a fee or benefit,
Law : Law No. 6502 on Consumer Protection,
Cargo Company : The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer and the delivery of the Product from the Buyer to the Seller in return processes,
Platform : Seller's website {shopurl} and mobile application,
Seller : The real and/or legal person, including public legal entities, who offers Products/Services to the consumer for commercial or professional purposes or acts on behalf or account of the Product/Service provider and whose information is provided in Article 5 of the Agreement,
Contract : The Contract concluded between the Seller and the Buyer,
Delivery Point: Contracted merchant points, cargo branches and chain stores where the Buyer can easily receive the purchased Products,
Product : Movable goods subject to shopping, immovable goods for residential or vacation purposes, and all kinds of software, audio, video and similar intangible goods prepared for use in electronic media,
Regulation : Distance Contracts Regulation.
3. SUBJECT and SCOPE OF THE CONTRACT
3.1. The subject of the Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and Regulation in relation to the sale and delivery of the Product / Service with the qualifications specified in the Agreement, which the Buyer ordered electronically on the Platform for the purchase of the Product / Service, and the Parties accept, declare and undertake that they know and understand their obligations and responsibilities arising from the Law and Regulation under the Agreement.
3.2. The conclusion of the Agreement shall not prevent the execution of the provisions of the contracts concluded by the Parties separately with {shopname}, and the Parties accept, declare and undertake that {shopname} is not a party to the sale of the Product / Service and the Agreement in any way and that it does not have any responsibility and commitment, except those imposed on it within the framework of the Law and Regulation regarding the fulfillment of the obligations of the Parties under the Agreement.
3.3. In accordance with the legislation, the following Product/Service sales are not covered by the Agreement.
a) Financial services,
b) Sales made through automatic machines,
c) The use of this telephone with telecommunications operators by means of a public telephone,
d) Services related to betting, lotteries, lotteries and similar games of chance,
e) The creation, transfer or acquisition of immovable property or rights relating to such property,
f) Housing rental,
g) Package tours,
h) Timeshare, timeshare vacation, long-term vacation service and their resale or exchange,
i) The delivery of daily consumer goods, such as food and beverages, to the consumer's residence or workplace as part 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 hospice services, care for children, the elderly or the sick,
m) Non-subscription value-added electronic communication services established through short messages and fully performed simultaneously, donations within the scope of the Law on Aid Collection dated 23/6/1983 and numbered 2860 and value-added electronic communication services provided by public institutions.
4. MATTERS OF WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE
The Buyer accepts, declares and undertakes that, prior to the creation of the order and the establishment of the Agreement, he/she has been accurately and completely informed about all matters related to the conclusion and execution of the Agreement, including all general-specific explanations on the relevant pages and sections of the Platform, both in the Agreement and in other ways, including those set out below, and that he/she has read and understood them.
a) Basic characteristics of the Product/Service,
b) The name or title, MERSIS number or tax identification number and contact information and other identifying information of the Seller,
c) Tools-methods suitable for the purpose regarding the stages of the sales process during the purchase of the Product/Service from the Platform and the correction of incorrectly entered information,
d) The Professional Chamber of which the Seller is a member (TESK - ANKARA ELECTRONIC GOODS SELLERS RADIO TELEVISION UNIFIED MUSIC INSTRUMENTS TELSIZE TELEPHONE ESNAF AND ARTISANTS CHAMBER) and electronic contact information (Telephone: 0 312 418 32 69 (pbx), https://www.tesk.org.tr/)
e) the confidentiality, data use-processing and electronic communication rules applicable to the Buyer's information applied by {shopname} and the scope of the Buyer's permissions given to {shopname} in these matters, the legal rights of the Buyer, the rights of the Seller and the procedures for exercising the rights of the Parties,
f) Shipping restrictions stipulated by the Seller for the Product/Service,
g) Accepted payment methods/means for the Product/Service, total sales price of the Product/Service including taxes,
h) Information on the procedures for the delivery of the Product/Service to the Buyer and additional costs such as transportation-delivery-cargo costs,
i) Other payment/collection and delivery information and duration regarding the Product/Service and other information regarding the performance of the Agreement and the responsibilities of the Parties in these matters,
j) Information on the conditions under which the Buyer will not be able to benefit from this right in cases where the Buyer cannot exercise the right of withdrawal or will lose this right, including failure to exercise the right in due time,
k) In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right, information regarding the Cargo Company envisaged by the Seller for the return and all financial issues (including the return method and cost, the return of the price subject to the Contract and the discounts and deductions that may be made due to the reward points earned / used by the Buyer during the return),
l) Clear address, fax number or e-mail information where the withdrawal notification will be made,
m) Deposits or other financial guarantees that must be paid or provided by the consumer, if any, upon the request of the Seller, and the terms thereof,
n) Technical protection measures, if any, that may affect the functionality of digital content,
o) Details of the Buyer's conditions of utilization (special terms) regarding various opportunities that may be applied on the Platform from time to time,
p) Information that the Seller knows, or could reasonably be expected to know, about the hardware or software with which the digital content may interoperate,
q) All other terms of sale included in the Contract according to its nature and the information that the Contract will be sent to the Buyer by e-mail upon the Buyer's request and that the Contract can be accessed by the Buyer from the membership account after the Contract is approved and established by the Buyer on the Platform,
r) Information that the Buyer may apply to the Consumer Court or the Consumer Arbitration Committee in case of disputes.
5. BUYER, SELLER, ELECTRONIC COMMERCE INTERMEDIARY SERVICE PROVIDER AND INVOICE INFORMATION
BUYER INFORMATION
Person to be Delivered to : {customer}
Delivery Address : {delivery}
Telephone : {phone}
Fax : {phone}
Email : {email}
Company : {company}
VKN : {shopsiret}
SELLER INFO
Trade Name / Name and Surname of the seller : {shopname} / {owner}
Seller's Address : {shopaddress}
Seller's Mersis Number :
Seller's Tax Identification Number : {shopsiret}
Seller's Phone : {shopphone}
Seller's Fax Number : {shopfax}
Seller KEP and E-mail Information : {shopemail}
INVOICE INFORMATION
Trade Name / Name and Surname : {customer}
Tax Office and Tax Identification Number: {siret}
Address : {invoice}
Telephone : {phone}
Fax : {phone}
Email/User Name : {email}
Invoice Delivery : The invoice will be delivered to the delivery address during the delivery of the order together with the order and / or to the electronic mail address via e-invoice method.
6. PRODUCT/SERVICE INFORMATION
6.1. The basic features of the Product/Service (type, quantity, brand/model, color, quantity, price) are available on the Platform and can be examined in detail on the Platform.
6.2. All amounts to be paid for the Product / Service (sales price including all taxes, shipping cost, installment difference amount, total discount amount entitled for simultaneous purchases, etc.) are shown in the table below.
{cartproducts}
Shipping Amount : {total_shipping_tax_excl} (Including Tax {total_shipping_tax_incl})
Total : {total_paid_tax_excl} ({total_paid_tax_incl} Including Tax)
Delivery Address : {delivery}
Person to be Delivered to : {customer}
Invoice Address : {invoice}
Order Date : {date}
Delivery Method : Delivery to Buyer
Delivery Time* : 30 days at the latest
Delivery Time to Shipping Company** : Order Date + 3 days
*Exceptions in the provisions of the Agreement and relevant legislation are reserved.
**The specified period is not a commitment of delivery, it refers to the delivery time by the seller to the cargo company.
7. GENERAL PROVISIONS
7.1. The Seller accepts, declares and undertakes to deliver the Product / Service complete, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals and other information and documents that must be delivered with the Product / Service in accordance with the legislation.
7.2. The Product shall be delivered to the Buyer or the third party designated by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform within the committed delivery period and in any case not exceeding the legal period of 30 (thirty) days. If the Seller does not fulfill its performance within this period, the Buyer may terminate the Contract. However, in Product/Service sales prepared in line with the Buyer's request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for the Product / Service whose order status is specified as "Pre-Order" or "Production on Order" may also exceed 30 (thirty) days, and the Buyer will not be able to terminate the Agreement due to the failure of delivery within 30 (thirty) days when the Buyer purchases a Product / Service with the status of "Production on Order" or "Pre-Order" prepared in accordance with the Buyer's request or personal needs.
7.3. The Seller sends and delivers the Product to the Buyer through the Cargo Company. If the Cargo Company does not have a branch in the Buyer's location, the Buyer must pick up the Product from another nearby branch of the Cargo Company notified by the Seller.
7.4. The Buyer will be able to submit his/her requests, complaints and suggestions as a consumer by using the Seller contact information above and/or through the channels provided by the Platform.
7.5. 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 delivery costs, if any, shall be returned to the Buyer within the legal period.
7.6. In the event that the Buyer or the third person designated by the Buyer is not present at the address at the time of delivery, the Seller shall not be liable for any damages and expenses arising from the Buyer's late receipt and/or non-delivery of the Product / Service.
7.7. The delivery costs of the Product / Service belong to the Buyer unless otherwise stipulated. If the Seller has declared on the Platform that the delivery fee will be covered by the Seller, the delivery costs will belong to the Seller.
7.8. The Seller may supply an equivalent Product/Service by informing the Buyer via the Platform and obtaining its explicit consent before the expiration of the performance obligation arising from the Contract.
7.9. In cases where the fulfillment of the Product / Service performance becomes impossible, the Seller is obliged to notify the Buyer in writing or by data storage within 3 (three) days from the date of learning of this situation and to return all payments collected, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification. The fact that the Product / Service is not in stock is not considered as the impossibility of fulfillment of the Product / Service performance.
7.10. The Buyer shall inspect the Product before receiving the Product; dents, broken, torn packaging, etc. will not receive damaged, defective or incomplete Product / Service. The delivered Product/Service shall be deemed to be undamaged and intact. The obligation to carefully protect the Product after delivery belongs to the Buyer. 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 (e.g. warranty certificate, user manual, etc.) transmitted to the Buyer during delivery.
7.11. 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 will cease if the price subject to the Contract is not paid for any reason and / or canceled in the Bank records. The Buyer accepts, declares and undertakes that the Seller does not have any responsibility for the payments sent by the Bank for any reason but made by the Bank to the Seller despite this.
7.12. The Buyer accepts, declares and undertakes that if the price subject to the Contract is not paid to the Seller by the relevant Bank as a result of the unfair use of the credit card belonging to the Buyer by unauthorized persons after the delivery of the Product, the Buyer shall return the Product to the Seller within 3 (three) days at the Buyer's expense.
7.13. In cases where a refund is required to be made to the Buyer for any reason within the scope of the Agreement, if the Buyer has made the payment by credit card, the Buyer accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the Seller to the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount to the Buyer's accounts after the return of this amount by the Seller to the Bank is entirely related to the Bank's transaction process and that the Bank is responsible for possible delays and cannot hold the Seller responsible for them.
7.14. If the credit card holder used during the order is not the same person with the Buyer or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the Product / Service to the Buyer, the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the card holder may be requested from the Buyer to submit the letter from the Bank stating that the credit card belongs to him. The order will be frozen until the Buyer provides the information / documents subject to the request, and if such requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
7.15. In the event that the Product/Service not ordered is sent, no rights can be asserted against the Buyer. In these cases, the Buyer's silence or use of the Product / Service in question cannot be interpreted as a declaration of acceptance for the establishment of the contract.
7.16. The number of Products/Services that the Buyer may order may be restricted by announcements to be made on the Platform. If the Buyer wishes to order Products/Services above the quantity specified in the announcements made on the Platform, he/she may be prevented from ordering, and if he/she can determine that he/she has ordered more than the specified quantity after placing the order, his/her orders above the specified quantity may be canceled, and in this case, all payments collected, including delivery costs, if any, for canceled orders will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that he/she has created his/her order by accepting these matters and that his/her orders exceeding the quantity limitation may be blocked and canceled.
8. SPECIAL CONDITIONS
8.1. In orders related to the "Earthquake Relief Mobilization" and similar mobilization and aid operations carried out in coordination with the official public institutions and organizations of the Republic of Turkey (e.g. parcel aid, etc.), the right of withdrawal cannot be used in accordance with Article 15/1-h of the Distance Contracts Regulation.
8.2. If the Buyer selects the corporate invoice option in the orders to be placed by the Buyer, the Seller will issue a corporate invoice using the tax identification number and tax office information to be notified by the Buyer through the Platform. It is the sole responsibility of the Buyer to enter the correct, up-to-date and complete information that must be included in the invoice, and the Buyer is personally responsible for all damages that may arise for this reason.
8.3. In case of payment by credit card through the Platform, the Bank may organize campaigns and apply a higher number of installments than the number of installments selected by the Buyer or offer additional services such as installment postponement. Such campaigns are at the initiative of the Bank. As of the account cut-off date of the Buyer's credit card, the order total will be divided by the number of installments and reflected on the credit card summary by the Bank. The Bank may not distribute the installment amounts equally to the months taking into account the fraction differences. The creation of detailed payment plans is at the discretion of the Bank.
8.4. Digital products are not suitable for physical shipment, and delivery will be carried out in the manner specified in the terms and conditions according to the nature of the product. Regulations in the Agreement that apply to physical products such as delivery methods, etc. will not apply to digital products, and the regulations in these articles should be interpreted as being in accordance with the conditions and explanations specified in the product terms to the extent applicable.
8.5. The Products / Services offered for sale on the Platform can only be offered for sale for delivery to limited locations (province / district / region) determined by the Seller, and if the Buyer chooses the delivery address for these products / services other than one of the locations determined by the Seller during the order process, the relevant order will not be placed / purchase will not be realized.
9. PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL RIGHTS
9.1. The Seller shall process the personal data within the scope of this agreement only for the purpose of providing the Product / Service and in accordance with the Personal Data Protection Law No. 6698, ("KVKK") secondary legislation and Personal Data Protection Board decisions. The Seller accepts, declares and undertakes that it will not process the personal data of the Buyer other than the personal data accessed through the Platform and that it will not contact the Buyer externally other than the methods provided through the Platform.
9.2. The Buyer accepts, declares and undertakes that it is obliged to check that the personal data provided under this Agreement is accurate, complete and up-to-date, not to share this information with third parties, to take the necessary measures, including those related to viruses and similar harmful applications, in order to prevent access by unrelated persons, and to ensure the security of such personal data, otherwise it is personally responsible for any damages and requests from third parties.
9.3. All intellectual-industrial rights and property rights belong to {shopname} regarding all kinds of information and content belonging to the Platform and their arrangement, revision and partial/complete use; except those belonging to other third parties according to the agreement of the Seller.
10. RIGHT OF WITHDRAWAL
10.1. The Buyer has the right to withdraw from the Contract within 15 (fifteen) days without any justification and without penal clause.
10.2. The right of withdrawal period starts on the day the Contract is established for the Service; for the Product, on the day the Buyer or the third party designated by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal within the period from the establishment of the Contract until the delivery of the Product.
10.3. In determining the right of withdrawal period;
a) in the case of a Product which is the subject of a single order and delivered separately, the day on which the Buyer or a third party designated by the Buyer receives the last Product,
b) in the case of a Product consisting of more than one part, the day on which the Buyer or a third party designated by the Buyer takes delivery of the last part,
c) where regular deliveries of the Product are made over a period of time, the day on which the Buyer or a third party designated by the Buyer first receives the Product
is taken as a basis.
10.4. In cases where the delivery of the Product and the performance of the Service are together, the right of withdrawal provisions regarding the delivery of the Product shall apply.
10.5. Seller;
a) In the event that the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service, from the date of receipt of the notification of the exercise of the right of withdrawal,
b) In the event that the Buyer exercises the right of withdrawal after the delivery of the Product, if the price has not been transferred to the Seller as of the date of receipt of the withdrawal notification, from the date of delivery of the Product subject to the right of withdrawal to the Cargo Company foreseen for return, or from the date it reaches the Seller if it is returned by a Cargo Company other than the one foreseen for return,
c) In the event that the Buyer exercises its right to terminate the Contract due to the failure to deliver the order within the legal period, from the date of receipt of the termination notice
Within 15 (fifteen) days, it is responsible for the return of the Contract price and delivery costs to the Buyer.
10.6. The notification of the right of withdrawal and other notifications regarding the Agreement must be made through the communication channels of the Seller specified on the Platform in accordance with the legislation and within the time limit. To the communication channels where the withdrawal notification will be made {shopurl} It can be reached from the contact link.
10.7. In case the right of withdrawal is exercised:
a) The Buyer sends the Product back to the Seller by Cargo Company within 14 (fourteen) days from the exercise of the right of withdrawal.
b) The Product to be returned within the scope of the right of withdrawal must be returned complete and undamaged, including the box, packaging, standard accessories, if any, and other Products gifted with the Product, if any.
10.8. If the Buyer uses the Product in accordance with its functioning, technical specifications and instructions for use within the withdrawal period, it is not responsible for any changes and deterioration that occur.
10.9. Within 14 (fourteen) days following the exercise of the right of withdrawal, the amounts subject to the Contract are returned to the Buyer via the Buyer's payment method. While the Product / Service is returned to the Seller, the original invoice submitted to the Buyer during the delivery of the Product / Service must also be returned by the Buyer. If the Buyer requests a corporate invoice, the Buyer must issue a return invoice for the return of the relevant Product / Service or, if possible, reject the commercial invoice from their own systems within the time limit.
10.10. As long as the Buyer sends the Product / Service to be returned to the Seller with the Cargo Company specified by the Seller, the return shipping cost belongs to the Seller. If there is no Seller's Cargo Company branch in the location of the Buyer for return, the Buyer will be able to send the Product with any Cargo Company. In this case, the Seller is responsible for the return shipping cost and any damage to the Product during the shipping process.
10.11. The Buyer shall exercise the right of withdrawal within the period and procedures specified in this article and otherwise shall lose the right of withdrawal.
11. SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
11.1. The Buyer cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose price changes due to fluctuations in 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) Of 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 relating to 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 provided in material media if the protective elements such as packaging, tape, seal, package are opened after delivery of the product,
g) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under a subscription agreement,
h) Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period,
i) Contracts for services performed instantly in electronic media and contracts for intangible goods delivered instantly to the Buyer,
j) Contracts for services whose performance is started with the approval of the Buyer before the expiration of the right of withdrawal period,
The right of withdrawal cannot be exercised; a return code cannot be created on the Platform for these orders.
11.2. In the event that the Product / Service consists of Product / Service types that are excluded from the scope of application of the Regulation (listed in Article 3.3 of the Agreement), the right of withdrawal cannot be used since the provisions of the Regulation cannot be applied to the legal relationship between the Buyer and the Seller; a return code cannot be created on the Platform for these orders.
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. In terms of these orders, a return code cannot be created on the Platform.
12. DISPUTE RESOLUTION
12.1. In the implementation of the Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchases the Product / Service and where the Buyer resides are authorized in accordance with the values announced by the Ministry.
13. NOTICES and EVIDENCE AGREEMENT
13.1. All correspondence to be made between the Parties under the Agreement shall be in writing, except in mandatory 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, conclusive and exclusive evidence in disputes that may arise from the Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
14.
14.1. The Agreement, consisting of 14 (fourteen) articles, has been read by the Parties and has been concluded and entered into force on the transaction date by being approved electronically by the Buyer. A copy of the Agreement is available in the Buyer's membership account and can also be sent by e-mail upon request.