DISTANCE SALE AGREEMENT
ARTICLE 1 – THE PARTIES
Name and surname:
ARTICLE 2 – SUBJECT
The subject of this Agreement is the Law on the Protection of the Consumer no. 6502 regarding the sale and delivery of the Product, the qualifications and the sales price of which is given below, through the website of the BUYER / CONSUMER, on the website of ___________________, the rights and rights of the parties within the scope of the Law on Distance Sales. determines the obligations.
Estimated Delivery Date:
Person / Persons to be Delivered:
ARTICLE 3 – CONTRACT SUBJECT PRODUCT AND PAYMENT
Information about the product or products subject to the contract, type, quantity, brand / model and sales price including all taxes are given in the table below.
|Product||Piece||Unit price||Total (with KDV TAX)|
|Product related features:
The BUYER / CONSUMER has determined that he will make the payment according to his own preferences among the payment alternatives and prices offered to him.
Payment Method and Plan:
Estimated Delivery Date:
Person / Persons to be Delivered:
ARTICLE 4 – SHIPPING AND DELIVERY
4.1. The cargo company that the SELLER will use for delivery is _______________________________. The order of the BUYER / CONSUMER 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 / products are delivered to the delivery address by the cargo company at the latest within __ business days. This period may be extended up to a maximum of 30 days from the day the order is delivered, in accordance with the applicable consumer legislation, if there is a problem with shipments.
4.2. The product subject to the contract will be delivered to the BUYER / CONSUMER or the person / persons whose identity information is given above at the address indicated, depending on the distance of the location of the BUYER / CONSUMER for each product, provided that it does not exceed the legal period.
4.3. The BUYER / CONSUMER is obliged to inspect the goods as soon as they receive the goods and notify the Cargo officer who has delivered the goods and, if there is a defect, to have them recorded in the cargo report.
4.4. Product delivery shall not be made to anyone other than the person (s) authorized to receive the contract. During the delivery, identification of persons authorized to receive is mandatory. If they do not present an identity card, they will be refused to be delivered to them. If the product subject to the contract is to be delivered to another person / persons other than the BUYER / CONSUMER, the SELLER cannot be held responsible for the person / persons not to accept the delivery.
4.5. The shipping cost stated in the table above, which is the product shipping cost, will be paid by the BUYER / CONSUMER. Shipping cost is the price applied for a product.
ARTICLE 5 – GENERAL PROVISIONS
5.1 BUYER / CONSUMER declares that on the website of _____________________ he has read and informed the basic information of the product subject to the contract, the sales price and payment method and the preliminary information loaded by the SELLER and gives the necessary confirmation in the electronic environment. The information specified in the Distance Selling Contract is provided for commercial purposes in accordance with the remote communication tools used and in the framework of good faith principles, to protect adults who are not able to distinguish between adults and those who are limited.
5.2. By confirming this Agreement electronically, the BUYER / CONSUMER confirms that the address that must be given to the consumer by the SELLER, the basic features of the ordered products, the price of the products, including taxes, payment and delivery information are correct and complete.
5.3. The SELLER is responsible for the delivery of the product or products subject to the contract in accordance with the qualities specified in the order.
5.4. If the SELLER does not fulfill the contractual obligations in case the fulfillment of the order product or service becomes impossible, it shall notify the consumer in writing within 3 (three) days or with a permanent data keeper, and the BUYER / CONSUMER shall not pay the price of the product at the latest 14 (fourteen). will return within days.
5.5. For the delivery of the product subject to the contract, the Contract has been accepted by clicking BUYER on the _____________________ site of this Contract, by e-mail, and the price has been paid to the BUYER / CONSUMER by the payment method preferred by the BUYER / CONSUMER. It is essential. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to have been freed from the delivery obligation.
5.6. In case the bank or financial institution does not pay the product price to the SELLER after the delivery of the product, because the credit card belonging to the BUYER / CONSUMER is used unfairly or illegally by the unauthorized persons due to the fault of the BUYER / CONSUMER. It is obligatory to send the product to the SELLER within 3 (three) days provided that it has been purchased In this case, shipping charges belong to the BUYER / CONSUMER.
5.7. The SELLER is obliged to notify the BUYER / CONSUMER if the delivery of the product subject to the contract within the due time due to force majeure or extraordinary conditions such as air opposition, interruption of transportation, fire, earthquake, flood, and epidemic. In this case, the BUYER / CONSUMER may use one of the right to cancel the order, to replace the contract product with its equivalent, if any, and / or to postpone the delivery period until the situation is prevented. In case the BUYER / CONSUMER cancels the order, the amount paid will be returned to him in the same way he paid.
5.8. In the payments made by the BUYER / CONSUMER by credit / debit card, the amount of the product is returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER / CONSUMER. The reflection of this amount to the BUYER / CONSUMER accounts after the return of the amount to the bank in 14 (fourteen) days is completely related to the bank transaction process. Although the SELLER has paid the bank during this period, the SELLER is not responsible for extending the bank’s return period.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The BUYER / CONSUMER has the right to withdraw from the contract by refusing the goods or service within 14 (fourteen) days from the date on which the contract is signed or without any justification, without any legal or criminal liability, and the SELLER from the date of the withdrawal notification reaching the SELLER or Provider. SELLER undertakes to take back the goods. Notice of withdrawal and other notifications regarding the contract can be sent to the SELLER in writing or via permanent data storage via the vendor contact information stated above or with the withdrawal notification on the website of ________________________.
If the right of withdrawal is used:
a) It is obligatory to return the product delivered to the BUYER or the third party notified by it.
b) If the products to be returned within 10 (ten) days, the box, packaging, standard accessories, if any, and other products gifted with the product must be delivered completely and undamaged.
c) The product price shall be returned to the BUYER within 14 (fourteen) days following the exercise of the right of withdrawal. When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned.
d) Return shipping cost belongs to the SELLER. The return section of the invoice to be returned with the product will be filled in and signed by the BUYER.
The right of withdrawal cannot be used if:
a) Contracts for goods or services whose price varies due to fluctuations in the financial markets and are not under the control of the seller or provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer. The BUYER cannot exercise his right of withdrawal regarding the products that are produced in accordance with the special requests and demands of the BUYER, or which are made to the person by making changes or additions, or that are specially prepared for the person and the order that cannot be returned in terms of their quality.
c) Contracts for the delivery of goods that may deteriorate quickly or expire.
ç) From the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; Contracts for the delivery of those whose return is ineligible for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and which cannot be separated by their nature.
e) Contracts related to books, digital content and computer consumables, which are presented in the material environment, if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
g) Contracts for accommodation, goods transport, car rental, food and beverage supply and the evaluation of free time for entertainment or rest, which must be made on a specific date or period.
ğ) Contracts related to the services performed instantly in electronic environment or the immaterial goods delivered to the consumer instantly.
h) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.
The information stated in the preliminary information is provided for commercial purposes in accordance with the remote communication tools used and in the framework of goodwill principles in order to protect adults who are not able to distinguish between adults and limited or limited.
BUYER / CONSUMER will be able to send his / her requests and complaints through the _______________________ website.
ARTICLE 7 – DEFENSE AND LEGAL RESULTS
The BUYER / CONSUMER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the bank, if the payment is made by default with the credit card. In this case, the bank may apply to legal means; can claim the costs and the attorney’s fee arising from the BUYER / CONSUMER, and in any case, the BUYER / CONSUMER accepts, declares and undertakes that the SELLER will pay the losses and losses incurred due to the delayed performance of the debt.
ARTICLE 8 – SOLUTION OF DISPUTES
The BUYER / CONSUMER can apply for complaints and objections to the arbitral tribunal or to the consumer court within the monetary limits specified in the law below, where the consumer is located or where the consumer transaction is made. Information on the monetary limit is as follows:
The value of the applications made to the Consumer Arbitration Committees for 2020:
a) District Consumer Arbitration Committees in disputes under 6.920 (six thousand nine hundred and twenty) Turkish Lira,
b) Provincial Consumer Arbitration Committees in disputes between 6.920 (six thousand nine hundred and twenty) Turkish Lira and 10.390 (ten thousand three hundred and ninety) Turkish Lira in provinces with metropolitan status,
c) Provincial Consumer Arbitration Committees in disputes under 10.390 (ten thousand three hundred and ninety) Turkish Liras in the centers of provinces that are not metropolitan,
ç) Provincial Consumer Arbitration Committees are in charge of disputes between 6.920 (six thousand nine hundred and twenty) Turkish Lira and 10.390 (ten thousand three hundred and ninety) Turkish Liras in the districts that are not in metropolitan status.
ARTICLE 9 – PROTECTION OF PERSONAL DATA
9.1. BUYER / consumer’s name and surname, address, phone number, the Republic of Turkey identity number, with information such as _____________________________________ this Agreement within the scope of goods and / or provision of services necessary for the execution and the 6698 No. Personal Data Protection Law ( “KVKK”) It contains all kinds of information, including personal data identified and personal data of a special nature.
9.2. The lighting text regarding the methods and conditions of processing the personal data of the BUYER / CONSUMER by the SELLER can be found on the internet address ________________________.