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DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions set forth below.
A. ‘BUYER’ (hereinafter referred to as the "BUYER" in this contract)
B. ‘SELLER’ (hereinafter referred to as the "SELLER" in this contract)
FULL NAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that, if they confirm the order subject to this Agreement, they are obliged to pay the order amount and any additional fees such as shipping charges and taxes, if applicable, and that they have been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall have the meanings indicated below:
MINISTER: Refers to the Minister of Customs and Trade,
MINISTRY: Refers to the Ministry of Customs and Trade,
LAW: Refers to the Law No. 6502 on the Protection of Consumers,
REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Refers to any consumer transaction other than the provision of goods, performed or committed to be performed in exchange for a fee or benefit,
SELLER: Refers to the company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the one who provides the goods,
BUYER: Refers to the natural or legal person who acquires, uses, or benefits from a good or service for purposes not related to commercial or professional activities,
WEBSITE: Refers to the website owned by the SELLER,
ORDERING PARTY: Refers to the natural or legal person who requests a product or service via the SELLER’s website,
PARTIES: Refers collectively to the SELLER and the BUYER,
AGREEMENT: Refers to this contract concluded between the SELLER and the BUYER,
GOOD: Refers to movable items subject to shopping and intangible goods such as software, audio, video prepared for use in electronic environment.
3. SUBJECT MATTER
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sale price of which are specified below, that the BUYER has ordered electronically via the SELLER’s website.
The prices listed and announced on the website are the sale prices. The announced prices and commitments remain valid until they are updated or changed. The prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Company Name:
Address:
Phone:
Fax:
Email:
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERING PARTY INFORMATION
Full Name/Title:
Address:
Phone:
Fax:
Email/Username:
7. INFORMATION ON THE PRODUCT(S)/SERVICE(S) SUBJECT TO THE AGREEMENT
7.1. The main characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER’s website. If a promotion is organized by the SELLER, the main features of the relevant product can be reviewed during the promotion period. Valid until the end of the campaign period.
7.2. The prices listed and announced on the website are the sale prices. The announced prices and commitments remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
7.3. The total sale price of the goods or services, including all taxes, is shown below:
| Product Description | Quantity | Unit Price | Subtotal (incl. VAT) |
Shipping Fee:
Total:
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping fee, which is the cost of product delivery, shall be paid by the BUYER.
8. BILLING INFORMATION
Full Name/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered together with the order to the billing address during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price, the method of payment, and delivery on the SELLER’s website, and that they have confirmed this information electronically. The BUYER acknowledges, declares, and undertakes that they have obtained the SELLER’s address, the essential characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information completely and accurately before the conclusion of the distance sales contract by confirming the Preliminary Information electronically.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER 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 in full, in accordance with the specifications stated in the order, and along with all documents required by the job such as warranty certificates and user manuals, if any. The SELLER also undertakes to perform the job in accordance with the legal requirements, free from any defects, in compliance with the standards, and based on the principles of honesty and integrity, to maintain and improve the quality of service, to exercise due care and diligence during performance, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price, provided that they inform the BUYER and obtain their explicit approval before the performance obligation under the contract expires.
9.5. In the event that the fulfillment of the product or service ordered becomes impossible, and the SELLER cannot fulfill their contractual obligations, the SELLER undertakes to notify the consumer in writing within 3 days from the date they become aware of this situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the product price is not paid for any reason and/or is cancelled in the bank records, the SELLER’s obligation to deliver the product will terminate.
9.7. In the event that, after delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address designated by the BUYER, the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days at the SELLER’s expense.
9.8. If the SELLER is unable to deliver the product within the agreed time due to force majeure circumstances that are beyond the control of the parties, unforeseeable, and prevent or delay the fulfillment of obligations, the SELLER undertakes to notify the BUYER of the situation. The BUYER shall then have the right to request cancellation of the order, replacement of the product with an equivalent, and/or postponement of the delivery until the hindrance is removed. If the BUYER cancels the order, the amount paid in cash shall be refunded to the BUYER in full within 14 days. In case of payments made by credit card, the refund will be made to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average period for the bank to reflect the refunded amount to the BUYER’s account is 2 to 3 weeks and that the reflection of this amount to the BUYER’s accounts is entirely related to the bank’s processing time, and that the SELLER cannot be held responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, telephone calls, and other means for communication, marketing, notifications, and other purposes using the address, e-mail address, fixed and mobile phone lines, and other contact details provided by the BUYER in the registration form or updated by them later. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the above-mentioned communication activities toward them.
9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged and defective goods/services such as those that are crushed, broken, or with torn packaging from the cargo company. It shall be deemed that the goods/services are undamaged and in good condition once received. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must also be returned.
9.11. If the credit card holder used at the time of order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request the BUYER to provide identification and contact details of the cardholder, a copy of the credit card statement from the previous month, or a letter from the bank confirming that the credit card belongs to the cardholder. The order will be suspended until the requested documents are provided, and if the documents are not submitted within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while signing up on the SELLER’s website is accurate, and in case of any inaccuracies, they will immediately, in cash and in full, compensate all damages incurred by the SELLER upon first notification.
9.13. The BUYER agrees and undertakes in advance to comply with legal regulations and not to violate them while using the SELLER’s website. Otherwise, the BUYER shall bear all legal and penal responsibilities arising therefrom.
9.14. The BUYER shall not use the SELLER’s website in any way that violates public order, general morality, disturbs or harasses others, is unlawful, or infringes the material and moral rights of others. Furthermore, the BUYER may not engage in activities (such as spam, viruses, trojans, etc.) that prevent or complicate the use of services by others.
9.15. Links may be provided on the SELLER’s website to other websites and/or content that are not under the SELLER’s control and/or owned or operated by third parties. These links are provided solely for the convenience of the BUYER and do not constitute support for any website or the operator of that site and do not represent any warranty regarding the information contained on the linked website.
9.16. The member who violates one or more of the articles listed in this agreement shall be personally liable for all criminal and legal consequences of such violations and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to the legal domain due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10.1. In the case of a distance contract concerning the sale of goods, the BUYER may exercise the right to withdraw from the contract within 14 (fourteen) days from the date the product is delivered to them or to the person/entity at the address they specified, by notifying the SELLER, without incurring any legal or penal liability and without providing any justification. For distance contracts relating to the provision of services, this period begins from the date the contract is concluded. The right of withdrawal cannot be exercised in service contracts where the performance has begun with the consumer’s approval before the withdrawal period ends. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used within the scope of the provisions of “Products for Which the Right of Withdrawal Cannot Be Used” as stated in this contract. If this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned is issued to a company, a return invoice issued by the company must be sent along with the product. Returns of products invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) A return form must be submitted.
c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and any standard accessories, if any.
d) The SELLER is obliged to return the total amount paid and all documents that have placed the BUYER under obligation within 10 days from the date of receipt of the withdrawal notice, and to accept the return of the product within 20 days.
e) If the value of the goods decreases or return becomes impossible due to the fault of the BUYER, the BUYER shall be liable to compensate the SELLER’s damages in proportion to their fault. However, the BUYER shall not be held responsible for any changes or deterioration in the goods due to proper use of the product within the withdrawal period.
f) If the use of the right of withdrawal causes the total order amount to fall below the promotional campaign limit set by the SELLER, the discount amount granted under the campaign shall be cancelled.
Products that are prepared according to the BUYER’s wishes or clearly tailored to personal needs, underwear bottoms, swimsuits and bikini bottoms, cosmetics, single-use products, goods that are at risk of deterioration or likely to expire quickly, products whose packaging is opened after delivery and are not suitable for return due to health and hygiene reasons, products that are mixed with other items after delivery and cannot be separated by their nature, printed materials such as newspapers and magazines (except those provided under subscription agreements), services performed instantly in electronic environments or intangible goods delivered immediately to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables for which the packaging has been opened by the BUYER, cannot be returned according to the Regulation.
Moreover, in accordance with the Regulation, the right of withdrawal cannot be exercised for services where performance has begun with the consumer's approval before the withdrawal period has expired.
Cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery consumables (toners, cartridges, ribbons, etc.) can only be returned if their packaging has not been opened, they have not been tried, used, or damaged in any way.
In the event that the BUYER defaults on a payment made via credit card, they acknowledge, declare, and undertake that they shall pay interest under the credit card agreement made with the card issuer bank and shall be liable to the bank. In this case, the relevant bank may take legal action and may demand any resulting costs and attorney fees from the BUYER. Under all circumstances, if the BUYER defaults on their payment obligation, they agree, declare, and undertake to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.
In disputes arising from this contract, complaints and objections may be submitted to the consumer arbitration committee or the consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits stipulated by the relevant law. Information on monetary limits is provided below:
Effective as of 01/01/2017, for the year 2017, the following authorities shall be competent for disputes regarding applications to consumer arbitration committees:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees in provinces with metropolitan municipality status for disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred ten) Turkish Lira in the central districts of provinces without metropolitan municipality status,
ç) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira in districts of provinces without metropolitan municipality status.
This Agreement is executed for commercial purposes.
When the BUYER completes the payment for the order placed via the Website, they are deemed to have accepted all the terms and conditions of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER confirms they have read and accepted this agreement on the website before the order is finalized.
SELLER:
BUYER:
DATE:
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