Distance Sales Contract
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if applicable, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a good or service through the SELLER's website.
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: AYPAŞ FOOD AND NEEDS MAD. TRADE AND IND. LTD.CO
Address: E-90 on Karasu Location, Tacin Neighborhood, 1902 Street, No:12
Phone: 0 382 215 93 00
Email: info@halukaydinkuruyemis.com
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. 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 its expiration date.
7.2. The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description | Piece | Unit Price | Subtotal | |
Shipping Amount | ||||
Total : |
Payment Method and Plan
Delivery Address
Person to be delivered
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery.
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 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 accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with the warranty documents, user manuals, and the necessary information and documents, if any, free from any defects, in accordance with the requirements of the legal regulations, in a sound manner and in accordance with the standards, in accordance with the principles of honesty and integrity, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.
9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
9.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER must inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must 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 breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER when registering on the SELLER's website is true and correct, and that it will compensate the SELLER for any damages it may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from the SELLER.
9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
9.14. BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
9.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions of this agreement shall be personally liable for such violation, both legally and criminally, and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, should the incident be brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that the BUYER notifies the SELLER. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that it has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the corporate in return. Returns of orders whose invoices are issued in the name of corporates will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including 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 indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or may have expired, products that are not suitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services whose performance began with the consumer's consent before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the cardholder. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, disputes with a value below 2,000.00 (two thousand) TL shall be referred to the district consumer arbitration committees.
b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software changes to ensure that the BUYER has read and accepted this agreement on the Site before the order is placed.
SALES PERSON:
BUYER:
HISTORY: