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Distance Selling Agreement

ARTICLE 1 – PARTIES

  1. Receiver informations:

Name and surname:

Address:

Telephone:

  1. Seller Information:

Title:

Address:

Telephone:

MERSIS:

ARTICLE 2 – SUBJECT

The subject of this Agreement is the rights and obligations of the parties within the scope of the Law on Consumer Protection No. 6502, the Distance Sales Regulation and the applicable legislation, regarding the sale and delivery of the Product whose qualities and sales price are specified below, which the BUYER/CONSUMER ordered electronically from the SELLER via the ___________________ website. determines the obligations.

ARTICLE 3 – CONTRACT SUBJECT PRODUCT AND PAYMENT

Information regarding the type, type, quantity, brand/model and sales price, including all taxes, of the product or products subject to the contract are stated in the table below.

Product Description Piece Unit price Subtotal
(VAT included)
Product related features:

Shipping Amount
Total :

BUYER/CONSUMER has determined that he will make his payment as follows, according to his choice among the payment alternatives and prices offered to him.

Payment Method and Plan:

Delivery address:

Estimated Delivery Date:

Person(s) to be Delivered:

Billing address:

ARTICLE 4 – SHIPPING AND DELIVERY

4.1. The cargo company that the SELLER will use for delivery is _______________________________. BUYER/CONSUMER's order will be sent to the cargo company within __ business days following the order date. After the Cargo Customer Number is reflected in the system, the product(s) are delivered to the delivery address by the cargo company within __ business days at the latest. In case of a problem in shipments, this period can be extended up to a maximum of 30 days from the day the order is submitted, in accordance with the current consumer legislation.

4.2. The product subject to the contract will be delivered to the BUYER/CONSUMER or to the person(s) whose identification information is given above at the address indicated, within the period determined above, depending on the distance of the BUYER/CONSUMER's residence for each product, provided that it does not exceed the legal period.

4.3. The BUYER/CONSUMER is obliged to inspect the goods upon receipt of the goods, and if there is a defect, notify the cargo officer who delivered the goods and have it recorded in the cargo report.

4.4. Product delivery will not be made to anyone other than the person(s) authorized to receive delivery specified in the Contract. During delivery, it is mandatory for the persons authorized to receive delivery to present their identity cards. If these people do not present their ID, they will be denied delivery. If the product subject to the contract will be delivered to a person(s) other than the BUYER/CONSUMER, the SELLER cannot be held responsible if the person(s) to be delivered does not accept the delivery.

4.5. The shipping fee specified in the table above, which is the product shipping cost, will be paid by the BUYER/CONSUMER. Shipping cost is the fee applied for a product.

ARTICLE 5 – GENERAL PROVISIONS

5.1 BUYER/CONSUMER declares that he/she has read and informed the preliminary information uploaded by the SELLER regarding the basic characteristics of the product subject to the contract, sales price and payment method and delivery on the _____________________ website and has given the necessary confirmation electronically. The information specified in the Distance Sales Agreement is given for commercial purposes in accordance with the distance communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack or have limited ability to distinguish.

5.2. By confirming this Agreement electronically, the BUYER/CONSUMER confirms that he/she has accurately and completely obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that must be given to the consumer by the SELLER before the conclusion of distance contracts.

5.3. SELLER is responsible for delivering the product or products subject to the contract intact, complete and in accordance with the qualifications specified in the order.

5.4. If the SELLER does not fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer of this situation in writing or via a permanent data recorder within 3 (three) days and pay the BUYER/CONSUMER the price of the product within 14 (fourteen) days at the latest. Returns it within the same day.

5.5 . For the delivery of the product subject to the contract, the Contract must be accepted by clicking on this Agreement while creating an order by the BUYER on the _____________________ website, it must be sent to the BUYER/CONSUMER by e-mail, and the price must be paid by the payment method preferred by the BUYER/CONSUMER. It is essential. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product.

5.6. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER/CONSUMER's credit card by unauthorized persons, which is not due to the BUYER/CONSUMER's fault, the BUYER/CONSUMER will not deliver the product to him. Provided that the product has been delivered, it must be sent to the SELLER within 3 (three) days. In this case, shipping fees belong to the BUYER/CONSUMER.

5.7. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, epidemic disease, it is obliged to notify the BUYER/CONSUMER. In this case, the BUYER/CONSUMER may exercise one of the rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER/CONSUMER cancels the order, the amount paid will be refunded to him/her as paid.

5.8. For payments made by the BUYER/CONSUMER by credit/debit card, the product amount will be returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER/CONSUMER. After this amount is returned to the bank within 14 (fourteen) days, its reflection on the BUYER/CONSUMER accounts is entirely related to the bank transaction process. Even though the SELLER has made the payment to the bank within this period, the SELLER is not responsible for the bank extending the return period.

ARTICLE 6 – RIGHT OF WITHDRAWAL

BUYER/CONSUMER has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and the SELLER has the right to withdraw from the contract as of the date of receipt of the notice of withdrawal to the SELLER or Provider. SELLER undertakes to take back the goods. Notification of the right of withdrawal and other notifications regarding the contract can be made via the seller contact information specified above or ________________________ The withdrawal notification on the website can be sent to the SELLER in writing or via a permanent data storage device.

In case the right of withdrawal is exercised:

  1. a) It is mandatory to return the product delivered to the BUYER or the third party notified by him.
  2. b) The products to be returned within 10 (ten) days must be delivered complete and undamaged, including their box, packaging, standard accessories, if any, and other products given as a gift along with the product.
  3. c) Within 14 (fourteen) days following the exercise of the right of withdrawal, the product price will be returned to the BUYER in the same manner as paid. When returning the product to the SELLER, the original invoice submitted to the BUYER during product delivery must also be returned.
  4. d) Return shipping cost belongs to the SELLER. The return section of the invoice to be returned along with the product will be filled in and signed by the BUYER.

The right of withdrawal cannot be used in the following cases:

  1. a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
  2. b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer. The BUYER cannot exercise his right of withdrawal regarding products that are produced in accordance with the BUYER's special requests and demands, or that have been made personalized by making changes or additions, or that are specially prepared for the person and order that cannot be returned due to their nature.
  3. c) Contracts for the delivery of goods that can quickly deteriorate or expire.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

  1. d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
  2. e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
  3. f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
  4. g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

  1. h) Contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires.

The information stated in the preliminary information is given for commercial purposes in accordance with the remote communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power to distinguish or have limited discrimination.

BUYER/CONSUMER will be able to submit their requests and complaints via the _______________________ website.

ARTICLE 7 – EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

BUYER/CONSUMER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the BUYER/CONSUMER, and under any circumstances, in case of default due to the BUYER/CONSUMER's debt, the BUYER/CONSUMER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

ARTICLE 8 – DISPUTE RESOLUTION

BUYER/CONSUMER may submit their complaints and objections to the arbitration committee or consumer court on consumer issues in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limit is below:

Value for applications to be made to Consumer Arbitration Committees for 2020:

  1. a) District Consumer Arbitration Committees in disputes under 6.920 (six thousand nine hundred twenty) Turkish Liras,
  2. b) Provincial Consumer Arbitration Committees in disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in provinces with metropolitan status,
  3. c) Provincial Consumer Arbitration Committees in disputes under 10,390 (ten thousand three hundred and ninety) Turkish Liras in the centers of provinces that do not have metropolitan status,

d) Provincial Consumer Arbitration Committees are responsible for disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in districts of provinces that do not have metropolitan status.

ARTICLE 9 – PROTECTION OF PERSONAL DATA

9.1. BUYER/CONSUMER's information such as name-surname, address, telephone number, Republic of Turkey Identity number, _____________________________________ and information required for the performance of the provision of goods and/or services within the scope of this Agreement and in the Personal Data Protection Law No. 6698 (“KVKK”) It contains all kinds of information, including defined personal data and special personal data.

9.2. The clarification text regarding the methods and conditions of processing of BUYER/CONSUMER's personal data by the SELLER is available on the website ________________________.

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