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DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions stated below.

 

‘BUYER’; (hereinafter referred to as "BUYER")

NAME-SURNAME:

ADDRESS:

 

‘SELLER’; (hereinafter referred to as "SELLER")

NAME-SURNAME:

ADDRESS:

 

By accepting this Agreement, the BUYER acknowledges and accepts that they are obliged to pay the price of the order and any additional charges such as shipping fees, taxes, etc., and that they have been informed about this in advance.

 

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the terms written below will express the explanations next to them.

 

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188),

SERVICE: Any consumer transaction other than the provision of goods made or promised to be made for a fee or benefit,

SELLER: The company that offers goods to the consumer or acts on behalf of or account of the company within the scope of commercial or professional activities,

BUYER: A natural or legal 

ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER’s internet site,

PARTIES: SELLER and BUYER,

AGREEMENT: This agreement made between the SELLER and BUYER,

GOOD: Moveable goods and software, sound, image, and similar intangible assets prepared for use in electronic environments subject to the transaction.

 

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, which the BUYER orders electronically through the SELLER’s internet site, including its features and sale price. The prices listed and announced on the site are sale prices. Announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.

 

4. SELLER INFORMATION

Title

Address

Phone

Fax

Email

 

5. BUYER INFORMATION

Recipient Name

Delivery Address

Phone

Fax

Email/Username

 

6. ORDERING PARTY INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

 

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

 

The basic characteristics of the product(s)/service(s) (type, quantity, brand/model, color, quantity) are published on the SELLER’s internet site. If the SELLER has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until the campaign date.

The listed and announced prices on the site are the sale prices. Announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of that period.

The total sales price of the product or service, including all taxes, is shown below.

Product Description Quantity Unit Price Subtotal (Including VAT)

 

Shipping Cost

Total:

 

Payment Method and Plan

Delivery Address

Recipient

Invoice Address

Order Date

Delivery Date

Delivery Method

 

The shipping cost, if any, will be borne by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery.

 

9. GENERAL PROVISIONS

 

The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics, sale price, payment method, and delivery information of the product on the SELLER’s internet site and that they have electronically confirmed the pre-information. The BUYER also accepts, declares, and undertakes that they have obtained the correct and complete address of the SELLER, the basic characteristics of the products ordered, the price including taxes, and the payment and delivery information before the conclusion of the distance sales agreement.

 

Each product subject to the agreement will be delivered to the BUYER or the person or organization at the address specified by the BUYER within the time specified on the internet site, depending on the distance of the BUYER’s residence, without exceeding the legal period of 30 days (this period may be extended up to 6 weeks for personalized orders such as wedding dresses). If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

 

The SELLER agrees, declares, and undertakes to deliver the product in accordance with the order, with all necessary warranty certificates, user manuals, and information and documents required by law, free from any defects, in accordance with legal regulations, and to maintain and improve the quality of the service, to exercise due care and diligence, and to act with caution and foresight.

 

The SELLER may provide a product of equal quality and price with the BUYER’s explicit consent if it cannot fulfill its obligation under the agreement before the due date.

 

If the performance of the product or service subject to the agreement becomes impossible, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date it becomes aware of the situation and to refund the total amount within 14 days.

 

The BUYER agrees, declares, and undertakes that if the price of the product is not paid or is canceled in the bank records, the SELLER’s obligation to deliver the product will cease.

 

If the SELLER cannot deliver the product within the period due to force majeure events that develop beyond the control of the parties, which are unforeseeable and prevent or delay the fulfillment of the obligations, the SELLER agrees, declares, and undertakes to notify the BUYER and the BUYER has the right to request the cancellation of the order, replacement with an equivalent product, or extension of the delivery time until the obstacle is removed. If the order is canceled by the BUYER, if the payment was made in cash, the product amount will be refunded within 14 days. If the payment was made by credit card, the amount will be refunded to the bank within 14 days after the order is canceled. The BUYER acknowledges and accepts that the refund to the credit card may take 2 to 3 weeks, and any delays are solely related to the bank’s processing time, and the SELLER is not responsible for such delays.

 

The SELLER has the right to contact the BUYER via the address, email address, fixed and mobile phone lines, and other contact details provided by the BUYER in the site registration form or updated later, for communication, marketing, notifications, and other purposes. The BUYER acknowledges and declares that they accept that the SELLER can carry out these communication activities.

 

The BUYER shall inspect the product before accepting delivery; they will not accept the product from the courier if it is damaged, broken, or has a torn package. The product is considered accepted if it is delivered in good condition. The BUYER is responsible for protecting the product after delivery. If the right of withdrawal is exercised, the product must not be used. The invoice must be returned.

 

If the BUYER is not the same person as the credit card holder used during the order or if a security issue is detected regarding the credit card before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, a credit card statement from the previous month, or a letter from the bank verifying the credit card ownership. The order will be suspended until the requested information/documents are provided, and if the request is not met within 24 hours, the SELLER has the right to cancel the order.

 

The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s internet site is accurate, and they will compensate all damages incurred by the SELLER due to inaccuracies of this information immediately, in cash and in full, upon the SELLER’s first notice.

 

The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER’s internet site and not to violate them. Otherwise, all legal and penal liabilities arising will be solely and exclusively binding on the BUYER.

 

The BUYER cannot use the SELLER’s internet site in a way that disrupts public order, violates general morality, disturbs or harasses others, or for illegal purposes that infringe on the material and moral rights of others. Additionally, the member cannot engage in activities that prevent or hinder others from using the services (e.g., spam, virus, Trojan horses, etc.).

 

Links may be provided on the SELLER’s internet site to other websites or content controlled by third parties or operated by other individuals. These links are provided for the convenience of the BUYER and do not support any website or its operator. They do not guarantee the content of the linked website.

 

The member who violates one or more of the articles in this agreement will be personally liable for any legal and penal consequences of such violation, and will keep the SELLER harmless from the legal and penal consequences of such violations. Additionally, the SELLER reserves the right to seek damages for non-compliance with the membership agreement if the case is brought to court.

 

10. RIGHT OF WITHDRAWAL

10.1. The BUYER acknowledges and declares that for "custom-made" products, no returns or exchanges are available unless the product is defective or damaged. The BUYER accepts and declares that they do not have the right to return or exchange for purchases made from Sinhaetula, which produces personalized products.

 

10.2. The BUYER does not have the right to withdraw or terminate the agreement. If the fee specified in the agreement is collected in advance and then the agreement is withdrawn, this advance payment will be treated as a cancellation fee.

 

11. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on the payment made with a credit card, they will be responsible for paying interest to the bank in accordance with the credit card agreement and will be liable to the bank. The relevant bank may take legal action and demand costs and attorney fees from the BUYER. In any case of default, the BUYER accepts, declares, and undertakes to compensate the SELLER for any damages due to delayed performance of the debt.

 

13. COMPETENT COURT

In case of disputes arising from this agreement, complaints and objections will be made to the consumer arbitration board or consumer court in the place of the consumer’s residence or the place where the consumer transaction was made, within the monetary limits specified in the law.

 

14. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that the agreement has been read and accepted

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