Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.{_aliciad_} {_buyersurname_} ; (hereinafter referred to as "BUYER" in the contract)
Name/Surname/Title : {_aliciad_} {_alicisurname_}
Address:{_invoiceaddress_}
Phone:{_receiver_phone_}
E-mail:{_receivermail_}
TR No:{_tcid_}
B.{_sellerunvan_} ; (hereinafter referred to as "SELLER" in the contract)
Title : {_salesunvan_}
Address : {_sales address_}
Phone :{_saticitelefon_}
E-mail:{_sellermail_}
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
WEBSITE/SITE: The website of the SELLER,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
AGREEMENT: This contract concluded between the SELLER and the BUYER,
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title : {_salesunvan_}
Address : {_sales address_}
Phone :{_saticitelefon_}
Email :{_sellermail_}
5. BUYER INFORMATION
Recipient Name/Surname : {_aliciad_} {_buyersurname_}
Delivery Address :{_deliveryaddress_}
Phone :{_receiver_phone_}
Email :{_receivermail_}
6. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date. Limited stocks.
6.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Date :{_date_}
{_product information_}
Shipping Amount : {_kargo_}
The type and type, quantity, brand/model color of the products are as stated above.
Payment method: {_odemeekli_}
Recipient Name/Surname : {_aliciad_} {_buyersurname_}
Delivery address: {_deliveryaddress_}
Billing Address : {_invoiceaddress_}
Delivery Type : {_cargoname_}
{_Pay chart_}
6.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
6.5. In cases where the order has to be canceled because the product cannot be produced as a result of not being able to find the materials, the SELLER is obliged to return the payment to the BUYER. The BUYER shall not claim any other rights, damages or compensation due to the unavailability of the product. From these rights, the SELLER
7. INVOICE INFORMATION
Recipient Name/Surname : {_aliciad_} {_buyersurname_}
Address :{_invoiceaddress_}
Phone :{_receiver_phone_}
Email/username :{_alicimail_}
Invoice delivery: During invoice order delivery, together with the order to the invoice address
It will be delivered.
8. RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Confidentiality rules-policy and conditions, the current principles of which are stated below, are valid for the protection, confidentiality, processing-use of information, communications and other issues on the WEBSITE.
8.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
8.2. In addition to the permission-approvals regarding the personal data and commercial electronic communications given by the BUYER in any other way, and confirming; The information obtained during the BUYER's membership to the WEBSITE and during his shopping will be sent to the SELLER for the purpose of providing various products/services and all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. for other commercial-social communications, it can be recorded with the specified ones and their successors indefinitely or for the period they will foresee, stored in printed/magnetic archives, updated, shared, transferred, transferred, used and otherwise processed when deemed necessary. These data can also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new personal data, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make electronic communications and other communications, whether commercial or non-commercial, to him.
8.3. The BUYER can always stop the communications by reaching the SELLER through the specified communication channels and/or by legally reaching out through the same channels or by using the right of rejection in the electronic communications sent to him. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, You can always apply to the SELLER through the above communication channels and get information on issues such as the elimination of damage in case of damage due to the processing of the SELLER. Applications and requests regarding these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
8.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any conflicts that may arise and their negative consequences.
8.7 All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method in this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.
8.8 The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for meeting the amount of compensation demanded from the company due to the damages incurred by third parties and all other obligations, including but not limited to court costs and attorney's fees.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from 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 completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder 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 the aforementioned 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 while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the event is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the BUYER due to non-compliance with the membership agreement.
9.17. The company always reserves the right to make changes on the prices and offered products and services.
9. 18. The company accepts and undertakes that the member will benefit from the contracted services, excluding technical failures.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised;
a)3. The invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
11.1 Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
11.2 Contracts for goods prepared in line with the consumer's wishes or personal needs.
11.3 Contracts for the delivery of perishable or expired goods.
11.4 From 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 unsuitable in terms of health and hygiene.
11.5 Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
11.6 Contracts for books, digital content and computer consumables, data recording and data storage devices offered in material media, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
11.7 Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
11.8 Contracts for accommodation, carriage, car rental, catering and leisure time for entertainment or recreation, which must be made on a specified date or period.
11.9 Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
11.10 Contracts for services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
11.11 Unopened, untested, unopened packages for the return of cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.), They must be intact and unused.
11.12 In accordance with this contract, wedding dresses, evening dresses, evening dresses, engagement rings, caftans, etc. Personal requests specified when purchasing such clothes are taken as an order and production starts immediately; After this stage, the right of withdrawal cannot be used. Additional changes and requests to be made by the BUYER after the first order stage will be priced separately by the SELLER.
11.13 The BUYER cannot exercise the right of withdrawal for the products that are produced in accordance with the special requests and demands of the BUYER or that have been personalized by making changes or additions. In addition, the BUYER cannot exercise its right of withdrawal in the case of products that cannot be returned due to their nature, that are likely to deteriorate rapidly or expire.
11.14 Pursuant to this contract, wedding dresses, evening dresses, evening dresses, engagement rings, caftans, etc. When the deposit of the product or the full balance of the product is received, the order for that date is created and the process begins. Therefore, any product that has not been delivered to the BUYER, which is still in production, cannot be changed or returned while it is at the order stage.
11.15 Refunds will be made only if the product is within the scope of the defective product. Due to its nature, the RIGHT OF WITHDRAWAL CANNOT BE USED. If the product is not defective in wedding dresses, engagement dresses, evening dresses, evening dresses, caftans and accessories, no replacement or refund can be made.
12. CONFIDENTIAL INFORMATION
12.1. The company will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the BUYER, such as the name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.
12.2. BUYER, promotion, advertisement, campaign, promotion, announcement etc. He/she accepts and declares that he/she consents to sharing the communication, portfolio status and demographic information of the company that owns the Site with its subsidiaries or group companies, and to receive electronic messages in this context for itself or its subsidiaries, limited to its use within the scope of marketing activities. This personal information can be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile, and to carry out statistical studies.
12.3. The BUYER has the right to cancel the approval given by this contract without explaining any reason. The company processes the cancellation immediately and refrains from receiving electronic messages within 3 (three) working days.
12.4. Confidential Information may only be disclosed to official authorities if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.
13. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
14. CHANGES TO THE CONTRACT
The company may, at any time, change the services offered on the site, partially or completely, the terms of this contract and its annexes. Changes will be effective from the date of publication on the site . It is the BUYER's responsibility to follow the changes. The BUYER shall be deemed to have accepted these changes by continuing to benefit from the services offered.
15. NOTICE
All notifications to be sent to the parties related to this Agreement will be made through the known e-mail address of the SELLER and the e-mail address specified by the user in the membership form. The user accepts that the address he/she has specified while becoming a member is the valid notification address, that he/she will notify the other party in writing within 5 days in case of change, otherwise the notifications to this address will be deemed valid.
16. EVIDENCE AGREEMENT
In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user accepts, declares and undertakes that he will not object to these records. .
17. FORCE MAJEURE
not under the control of the parties ; Natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts (collectively referred to as "Force Majeure" below) arising from the contract. If the obligations become unfulfillable by the parties, the parties are not responsible for this.In this period, the rights and obligations of the Parties arising from this Agreement are suspended.
18. REGISTRATION AND SECURITY
The user must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.
The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.
19. NO WARRANTY
This contract clause shall apply to the maximum extent permitted by applicable law. The services offered by the Company are provided on an "as is" and "as available" basis and are expressly or implied with respect to the services or application (including any information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. makes no warranty of any kind, statutory or otherwise.
20. COMPLETENESS AND APPLICABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.
21. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the Law, shall be made to the arbitral tribunal or the consumer court.
Gaziantep (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement above the monetary limits of the consumer arbitration committee.
22. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
The BUYER, while using all the services offered on the site, is subject to the above conditions, by making use of and continuing to use the service on the site; He/she is deemed to have accepted that he/she has the right, authority and legal capacity to sign a contract in accordance with the laws to which he/she is bound and is over 18 years old, that he/she has read and understood this contract and that he/she is bound by the terms written in the contract.
SELLER: {_sellerunvan_}
RECIPIENT : {_aliciad_} {_buyersurname_}
DATE : {_date_}