DISTANCE SALES CONTRACT
1.PARTIES
This Agreement is executed between the parties listed below under the following terms and conditions.
A. "BUYER" (hereinafter referred to as the "BUYER" in this Agreement)
NAME - SURNAME:
ADDRESS:
B. "SELLER" (hereinafter referred to as the "SELLER" in this Agreement)
NAME - SURNAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges and agrees in advance that, upon confirming the order subject to this Agreement, they will be obligated to pay the order amount along with any applicable additional fees such as shipping costs and taxes, if specified, and that they have been informed about this obligation.
2.DEFINITIONS
In the implementation and interpretation of this Agreement, the terms listed below shall have the following meanings:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction subject to a fee or benefit, other than the provision of goods or commitment to provide goods,
SELLER: A company engaged in providing goods to consumers within the scope of its commercial or professional activities, or acting on behalf of or for the benefit of the seller,
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,
ORDERER: A real or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement entered into between the SELLER and the BUYER,
GOODS: The movable goods subject to the transaction and software, audio, video, and similar intangible goods prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, concerning the sale and delivery of the product, which the BUYER orders through the SELLER's website in electronic form, with the qualities and sales price specified below.
The listed and published prices on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the specified period ends.
4. SELLER INFORMATION
Company Name: Mahmut Sözkesen Sole Proprietorship
Address: İnkilap Mahallesi Kirazlı Sokak No 47 Daire 3, Ümraniye, Istanbul
Phone: 0531 903 26 91
Fax:
Email: sozkesenmahmut648@gmail.com
5. BUYER INFORMATION
Person to be delivered to:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERING PARTY INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. INFORMATION ABOUT THE SUBJECT OF THE AGREEMENT – PRODUCT(S)
7.1. The basic characteristics of the product(s) or service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, the basic features of the relevant product can be reviewed during the campaign period. The campaign is valid until the specified date.
7.2. The listed and published prices on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the specified period ends.
7.3. The total sales price of the subject product or service, 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 be Delivered to:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping fee for product shipment will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered together with the order during the delivery to the billing address.
9. GENERAL TERMS
9.1. The BUYER agrees, declares, and undertakes that they have read and understood the basic characteristics of the product, the sales price, the payment method, and the delivery-related preliminary information on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER further agrees, declares, and undertakes that, prior to the establishment of the distance sales agreement, they have obtained the correct and complete information regarding the address, basic characteristics of the ordered products, the prices of the products including taxes, payment, and delivery details, which are required to be provided by the SELLER.
9.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, within the time frame specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, without exceeding the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the agreement.
9.3. The SELLER agrees, declares, and undertakes to deliver the product in accordance with the order, complete, with all necessary documents such as warranty certificates, user manuals, and any other relevant documents, free from any defects, and to perform the task in compliance with legal requirements, standards, and with due accuracy and integrity. The SELLER also agrees to maintain and enhance service quality, exercise due care and caution during the performance of the service, and act prudently and foresightedly.
9.4. The SELLER may, before the performance obligation arising from the contract expires, inform the BUYER and obtain their explicit consent to provide a different product of equal quality and price.
9.5. In the event that the SELLER is unable to fulfill its obligations under the contract due to the impossibility of performing the product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement. If for any reason the product price is not paid and/or is canceled in the bank records, the SELLER's obligation to deliver the product will terminate.
9.7. The BUYER agrees, declares, and undertakes that if, after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, the BUYER's credit card is used by unauthorized persons, resulting in the product price not being paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product within the specified time due to force majeure situations, such as circumstances that were not anticipated and prevent or delay the fulfillment of the obligations by the parties, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, replacement of the product with an equivalent, and/or postponement of the delivery until the force majeure situation is resolved. If the order is canceled by the BUYER, for payments made in cash, the product price will be refunded in full within 14 days. For payments made by the BUYER with a credit card, the product price will be refunded to the relevant bank within 14 days after the cancellation of the order. The BUYER agrees, declares, and undertakes that the average time for the refund process to reflect in their account may take 2 to 3 weeks, and that any delays in this process are solely related to the bank's procedures. Therefore, the BUYER agrees not to hold the SELLER responsible for any delays.
9.9. The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other means using the address, email address, fixed and mobile phone numbers, and other contact details provided by the BUYER on the site registration form or updated by the BUYER later, for communication, marketing, notifications, and other purposes. By accepting this Agreement, the BUYER agrees and acknowledges that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the product/service before receiving it. The BUYER will not accept any damaged or defective product/service, such as one with dents, cracks, or torn packaging, from the courier company. The product/service will be considered to be in good condition and undamaged once it is accepted. After delivery, the responsibility to carefully protect the product/service lies with the BUYER. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice must be returned.
9.11. If the BUYER and the cardholder of the credit card used during the order are not the same person, or if a security breach is detected related to the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the cardholder's identity and contact information, the previous month's credit card statement, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be suspended until the requested information/documents are provided by the BUYER, and if these requests are not met within 24 hours, the SELLER has 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 they will indemnify the SELLER for any damages incurred due to the inaccuracy of this information immediately and in full, upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes in advance to comply with the provisions of applicable legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities arising will be solely and exclusively the responsibility of the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that would disrupt public order, violate general morality, disturb or harass others, for illegal purposes, or infringe upon the material and moral rights of others. Additionally, the member may not engage in activities (such as spam, viruses, Trojan horses, etc.) that prevent or complicate others from using the services.
9.15. Links to other websites and/or content owned and/or operated by third parties that are outside the control of the SELLER may be provided through the SELLER’s website. These links are placed for the convenience of the BUYER, and do not constitute support for any website or its operators, nor do they provide any guarantee regarding the information contained on the linked websites.
9.16. Any member who violates one or more of the provisions listed in this agreement will be personally responsible for any criminal and legal consequences of the violation and will hold the SELLER harmless from the legal and criminal consequences of such violations. Additionally, if this violation leads to legal action, 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. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the delivery date of the product to the BUYER or the person/entity indicated by the BUYER, without assuming any legal or criminal responsibility and without providing any reason, by notifying the SELLER. For distance contracts related to the provision of services, the withdrawal period starts from the date the contract is signed. In service contracts where the service has started with the BUYER's approval before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the provisions of the "Products for Which the Right of Withdrawal Cannot Be Used" section of this agreement. In case of exercising this right:
a) The invoice for the product delivered to the third party or the BUYER must be provided. (If the invoice for the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns of orders invoiced on behalf of corporations cannot be completed unless a RETURN INVOICE is issued.)
b) A return form must be submitted.
c) The product being returned must be delivered with its box, packaging, and any standard accessories, intact and undamaged.
d) The SELLER is obliged to return the total amount and any documents that obligate the BUYER within 10 days of receiving the withdrawal notification and to return the product within 20 days.
e) If there is a decrease in the value of the product or if the return becomes impossible due to the BUYER's fault, the BUYER is obliged to compensate the SELLER for the losses in proportion to the fault. However, the BUYER is not responsible for changes or damages occurring due to proper use of the product within the right of withdrawal period.
f) If the exercise of the right of withdrawal causes the BUYER to fall below the campaign limit amount set by the SELLER, any discounts received under the campaign will be canceled.
11.PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The following products are excluded from the right of withdrawal, as they are prepared according to the BUYER’s request or clearly personalized needs, and are not suitable for return:
- Undergarments, swimsuits and bikini bottoms, makeup products, single-use items, products that are prone to rapid spoilage or may expire, products whose packaging is opened by the BUYER after delivery, which are unsuitable for return due to health and hygiene reasons, products that mix with other items after delivery and cannot be separated due to their nature, products such as newspapers and magazines, except those provided under a subscription contract, electronic services performed instantly, or intangible goods delivered to the consumer immediately, sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, and products whose packaging has been opened by the BUYER cannot be returned according to the regulation.
Furthermore, the right of withdrawal cannot be used for services that have begun with the consumer’s consent before the end of the withdrawal period, as stipulated by the regulation.
Cosmetic and personal care products, lingerie, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (such as toner, cartridges, ribbons, etc.) must not have been opened, tried, damaged, or used to be eligible for return.
12.DEFAULT AND LEGAL CONSEQUENCES
If the BUYER falls into default while making the payment by credit card, they acknowledge, declare, and undertake that they will pay interest in accordance with the credit card agreement with the bank and will be responsible to the bank. In this case, the relevant bank may resort to legal action, may request the incurred costs and attorney fees from the BUYER, and in any case, if the BUYER falls into default due to the debt, the BUYER acknowledges, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13.COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or the consumer court located in the BUYER’s place of residence or the place where the consumer transaction was made, within the monetary limits specified in the law below. The information regarding the monetary limit is as follows:
Effective from 28/05/2014:
a) In disputes valued under 2,000.00 (two thousand) TL, applications will be made to district consumer arbitration committees in accordance with Article 68 of the Consumer Protection Law No. 6502,
b) In disputes valued under 3,000.00 (three thousand) TL, applications will be made to provincial consumer arbitration committees,
c) In metropolitan municipalities, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be submitted to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14.ENTRY INTO FORCE
The BUYER is deemed to have accepted all the terms of this Agreement once the payment for their order made through the Site is completed. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER confirms reading and accepting this Agreement before the order is completed.
SELLER:
BUYER:
DATE: