DISTANCE SALES AGREEMENT1. PARTIES
This Agreement hereby has been entered into by and between the following parties under the below-mentioned provisions and conditions.
A.‘BUYER’ ; (hereinafter referred to as “BUYER”)
B.‘SELLER’ ; (hereinafter referred to as “SELLER”)
NAME - SURNAME:
BUYER agrees in advance that, upon accepting this agreement, they will have undertaken liability to pay cost of order and, if any, shipping cost and extra costs indicated such as tax if they confirm the order that constitutes the subject of this agreement and that they have been informed in this regard.
The terms written below shall imply the corresponding descriptions in execution and interpretation of this agreement hereby.
MINISTER implies the Minister of Customs and Trade,
MINISTRY implies the Ministry of Customs and Trade,
LAW implies the Consumer Protection Law No. 6502,
LEGISLATION implies the Regulation on Distance Contracts (RG:27.11.2014/29188)
SERVICE implies the subject of each consumer-related operation that is performed or undertaken to be performed in exchange of payment or interest other than providing goods,
SELLER implies the company that provides goods to the consumer or operates in the name or on the account of the one that provides goods within the scope of its commercial or professional activities,
BUYER implies the real or legal person who obtains, uses or makes use of goods or services for purposes that are not commercial or professional,
WEBSITE implies the website that belongs to the SELLER,
CUSTOMER implies the real or legal person who demands good or service over the website that belongs to the seller,
PARTIES implies the SELLER and the BUYER,
AGREEMENT implies this agreement hereby that is executed between SELLER and BUYER,
GOODS implies tangible item that constitutes the subject of shopping and software, sound, image and similar intangible goods which are prepared to be used electronically.
This Agreement hereby sets out the rights and responsibilities of the Parties in line with the provisions of the Consumer Protection Law No. 6502 and Regulation on Distance Contracts with regard to the sales and delivery of the product the characteristics and sales price of which are indicated below and that is ordered by the BUYER electronically over the website of the SELLER. The prices that are listed and broadcast on the website are sales prices. The prices and commitments that are broadcast shall be valid until they are updated and modified. The prices announced for a period are valid until the end of the specified period.
ARAS İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ (ARAS DOMESTIC AND FOREIGN TRADE LIMITED COMPANY)
E-Mail Address : firstname.lastname@example.org
Website : https://www.declara.com.tr
Mail Address : Adnan Kahveci Mah. Harbiye Cad. Şirin Sanayi Sit. A1- 1 No: 19 A İç Kapı No: 1 Beylikdüzü/ Istanbul
Telephone Number : 0 212 855 27 80
INFORMATION AS TO THE PRODUC(S) THAT CONSTITUTE THE SUBJECT OF THIS AGREEMENT
Main characteristics of Goods/Product/Products (type, amount, brand/model, color, quantity) are broadcast on the website of the SELLER. If the seller has organized a campaign, you can examine the main characteristics of the relevant product during the campaign. They shall be valid until the date of campaign.
7.2. The prices that are listed and broadcast on the website are sales prices. The prices and commitments that are broadcast shall be valid until they are updated and modified. The prices announced for a period are valid until the end of the specified period.
7.3. Sales prices of the goods or service that constitutes the subject of the agreement including all of the taxes are indicated below.
Product Description Number of Items Unit Price Subtotal
Mode and Schedule of Payment
Mode of Delivery
7.4. Shipping cost of the product shall be borne by the BUYER.
Invoice delivery: Invoice shall be delivered to the invoice address together with and at the time of delivery.
9.1. The BUYER accepts, states and undertakes that the BUYER has read and fully understood the preliminary information about the main characteristics, sales price and mode of payment as well as the delivery of the product that constitutes the subject of this Agreement and that the BUYER has provided the required confirmation electronically. Upon confirming Preliminary Information electronically; BUYER accepts, states and undertakes that s/he has acquired accurately and fully the address, main characteristics of the products ordered, tax-inclusive price of products and payment and delivery information that should be provided by SELLER to the BUYER before execution of the distance sale agreement.
9.2. Each product that constitutes the subject of the Agreement is delivered to the RECIPIENT or the person and/or establishment that is at the address where the RECIPIENT has stated within the period of time that is indicate in the preliminary information section on the website depending on the residential address of the RECIPIENT on condition that 30-day legal period is not exceeded.
9.3. SELLER accepts, states and undertakes that they will deliver the product that constitutes the subject of this Agreement fully, in line with the characteristics that are indicated in the order and warranty certificates, instructions for use, information and documents which are required by the work; execute the work correctly as per principles of righteousness and integrity and in line with the standards and requirements of the legal regulations, free of all types of faults; maintain and raise quality of service; pay due attention and care to execution of the work and act in line with caution and prudence.
9.4. SELLER can supply a different product of the same quality and price on condition that they inform the BUYER and get their express approval before the time of execution of the obligation that arises from the agreement expires.
9.5. SELLER accepts, states and undertakes that if the SELLER cannot fulfill its obligations that arise from the agreement due to the fact that it becomes impossible for it to provide the product or service that constitute the subject of order, it will inform consumer of such situation in written format within 3 days following the date when it finds out such situation and that it will return the total cost to the BUYER within 14 days.
9.6. BUYER accepts, states and undertakes that s/he will confirm this Agreement hereby electronically for delivery of the product that constitutes the subject of the Agreement and that if cost of the product that constitutes the subject of the Agreement is not paid and/or cancelled through bank for any reason whatsoever, SELLER will be discharged of its obligation to deliver the product that constitutes the subject of the Agreement.
9.7. If the cost of the product that constitutes the subject of agreement is not paid by the relevant bank or financial institution to the SELLER due to unjust use of BUYER’s credit card by unauthorized people following the delivery of the product that constitutes the subject of Agreement to the RECIPIENT or the person and/or establishment that is available at the address stated by the RECIPIENT, BUYER accepts, states and undertakes that s/he will return the product in question to the SELLER within 3 days and the shipping cost shall be borne by the SELLER.
9.8. SELLER accepts, states and undertakes that if the SELLER cannot deliver the product in due time because of force majeure that occurs in a way that cannot be controlled by the parties, that cannot be foreseen and that prevent parties from or cause them to get delayed in performing their obligations, SELLER shall inform BUYER of such situation. And the BUYER has the right to request that the order be cancelled, the product that constitutes the subject of agreement be exchanged with an equivalent product and/or delivery time be extended until such force majeure is eliminated. If the order is cancelled by the BUYER, product cost is refunded to the BUYER within 14 days in cash and in a single sum in case of cash payment made by the BUYER. If the BUYER has paid by credit card, the product cost shall be returned to the relevant bank within 14 days following the cancellation of order by the BUYER. BUYER accepts, states and undertakes that the amount that is refunded by SELLER to the credit card may be posted by the bank to the BUYER’s account within 2 to 3 weeks on average, that reflection of such amount on account of the BUYER following the refund of such amount to the bank completely depends on the time when bank processes it and BUYER shall not hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach the BUYER for the purposes of communicating, marketing, informing and other purposes through letter, e-mail, SMS, by phone and other means of communication over the BUYER’s address, e-mail address, land line and mobile phone numbers which are indicated on the registration form filled out by the BUYER on the website or which are updated by the BUYER subsequently. Upon accepting this Agreement, BUYER accepts and states that SELLER can communicate with him/her as indicated above.
9.10. BUYER shall examine the goods/service which constitutes the subject of agreement before receiving it and shall not receive damaged and defective goods/services such as crushed and broken goods or goods with their packages torn from the shipping company. It will be acknowledged that the received goods/service are undamaged and intact. It is the responsibility of the BUYER to carefully product the goods/service after receiving them. If the right of withdrawal is to be exercised, the goods/service should not be used. Invoice must be returned.
9.11. If the BUYER and the owner of the credit card used for placing order are not the same person or if a security flaw is detected with regard to the credit card used for placing order before delivery of the product to the RECIPIENT, SELLER may request BUYER to submit identity and communication information of the credit card owner, bank statement of the credit card used for placing order for the previous month or a letter from the bank of the credit card owner that such credit card belongs to him/her. Order will be suspended until the BUYER provides information/documents that constitute the subject of request and if above-mentioned requests are not met within 24 hours, SELLER shall have the right to cancel the order.
9.12. BUYER states and undertakes that the personal and other information that s/he has provided for registering for the website of the SELLER is true and that s/he shall pay all of the damages, that the SELLER may be incurred due to failure of BUYER to provide true information as stated above, immediately, in cash and in single sum upon first notice of the SELLER.
9.13. BUYER accepts and undertakes in advance that s/he shall abide by the provisions of the legal regulations and shall not violate the same while using website of the SELLER. Otherwise, all of the legal and penal liabilities shall bind the BUYER fully and exclusively.
9.14. BUYER can never use website of the SELLER in a way to disturb the public peace, violate the code of ethics, disturb and harass others, to violate material and moral rights of others and for any purpose that is against the law. Moreover; member cannot perform operations that would prevent others from using services or make it difficult for others to do the same (such as spam, virus, Trojan horse etc.).
9.15. SELLER can provide link over its own website to other websites and/or other contents which are not under the control of the SELLER and/or which are owned and/or managed by third persons. Such links are inserted to provide convenience of directing and does not imply support for any website or the person administering such website and does not imply any warrant as to the information that is offered by the website that is linked.
9.16. Any member who violates one article or couple of articles mentioned in this agreement hereby shall be personally responsible for such violation in penal and legal terms and shall keep SELLER free of legal and penal consequences of such violations. Moreover; if such violation is brought to the court, SELLER reserves the right to claim damages from the member due to failure of member to abide by the terms of membership agreement.
RIGHT OF WITHDRAWAL
10.1. If the distance sales agreement is about sale of goods, BUYER can exercise his/her right of withdrawal by rejecting the goods, without any justification and without assuming any legal and penal liability on condition that s/he informs the SELLER, within 14 (fourteen) days following the date of delivery to him/her or the person/establishment that is available at the address indicated by him/her. In case of distance sale agreements that are related to service provision, such time begins on the date when the agreement is signed. In case of service agreements under which the service is executed upon approval of the consumer before the time of right of withdrawal expires, right of withdrawal cannot be exercised. Costs that are incurred due to exercising right of withdrawal shall be borne by the SELLER. BUYER accepts in advance that they have been informed of right of withdrawal upon accepting this Agreement.
10.2. For BUYER to be able to exercise his/her right of withdrawal, s/he must inform the SELLER in written format through registered mail, fax or e-mail within 14 (fourteen) days and the product must be unused within the framework of provisions of “Products for Which Right of Withdrawal Shall Not Be Used” as set out in this agreement hereby.
a) Invoice of the product delivered to the third person or the BUYER. (If the invoice of the product that is intended to be returned corporate, it must be sent together with the return invoice that is drawn up by the company. Return of orders the invoice of which is drawn up in the name of an institution cannot be performed unless RETURN INVOICE is drawn up.)
b) Return form,
c) Products that will be returned must be delivered fully and as undamaged together with their box, packaging and, if any, standard accessories.
d) SELLER is obliged to return the total cost and the documents that indebt the BUYER to the BUYER within 10 days after it receives the withdrawal notice and to accept the returned goods within 20 days.
e) In case of decrease in value of the goods or return becomes impossible due to a reason that is caused by default of the BUYER, BUYER is obliged to indemnify the SELLER in proportion to the damages s/he causes. However, BUYER is not responsible for changes and distortions that occur due to duly use of goods or product within the term of withdrawal right.
f) If the total amount remains below the lower limit of campaign organized by the SELLER due to exercising withdrawal right, the amount of discount that is used within the scope of such campaign is cancelled.
PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products which are prepared upon request of or in line with the express personal needs of the BUYER and which cannot be returned, pants, swimsuits and bikini bottoms, cosmetics, disposable products, goods which may deteriorate rapidly or the expiry date of which may mature, products the return of which may not be appropriate in terms of health and hygiene if its package is opened by the BUYER after it is received by the BUYER, products which blend with other products after delivery and which cannot be separated by nature, goods that are related to periodical publication such as gazette and magazine other than those supplied within the scope of subscription agreement, services which are instantly rendered electronically or intangible goods that are delivered to the consumer instantly, audio or visual records, books, digital contents, software programs, data recording and data storage devices, computer consumables cannot be returned per Legislation if their packaging has been opened by the BUYER. Moreover; as per Legislation, it is not possible to exercise right of withdrawal regarding the services which are started to be executed upon consumer’s approval before the right of Withdrawal expires. Cosmetics and personal care products, underwear products, swimsuit, bikini, books, duplicable software and programs, DVD, VCD, CD and tapes and stationary consumables (toner, cartridge, band etc.) can be returned only if their packages are not opened, they have not been tried, distorted and used.
EVENT OF DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, states and undertakes that if BUYER goes into default after making payment by credit card, card owner shall pay interest within the framework of the credit card agreement between him/her and the bank and that s/he shall be liable to the bank. In such case, the relevant bank may take legal action, claim the expenses and attorney fee incurred from the BUYER and BUYER accepts, states and undertakes that if the BUYER goes into default under any condition due to his/her debt, BUYER shall indemnify the SELLER for damages and loss that is caused by the delayed discharge of debt.
In case of disputes that may arise from this agreement hereby, complaints and objections shall be filed to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the consumer resides or consumer’s transaction has been processed within the monetary limits indicated per law. Information as to the monetary limit is as follows: As of January 01, 2017; regarding the applications which will be filed to the consumer arbitration committees for the year of 2017;
a) In case of conflicts the value of which are below 2400 (two thousand and four hundred) Turkish Liras, district consumer arbitration committees shall have jurisdiction,
b) In the metropolis, in case of conflicts the value of which is between 2400 (two thousand and four hundred) Turkish Liras and 3610 (three thousand and six hundred and ten) Turkish Liras, provincial consumer arbitration committees shall have jurisdiction,
c) In the central cities which are not of metropolis status, in case of conflicts the value of which is below 3610 (three thousand and six hundred and ten) Turkish Liras, provincial consumer arbitration committees shall have jurisdiction,
ç) In the districts which are covered by cities that are not of metropolis status, in case of conflicts the value of which is between 2400 (two thousand and four hundred) Turkish Liras and 3610 (three thousand and six hundred and ten) Turkish Liras, provincial consumer arbitration committees shall have jurisdiction. This Agreement hereby has been executed for commercial purposes.
Once the BUYER makes the payment for the order over the Website, s/he is deemed to have accepted all of the conditions of this agreement hereby. SELLER is obliged to make software-related arrangements as required to get confirmation regarding the fact that BUYER has read and accepted this agreement hereby on the website before the order is placed.