Distance Selling Agreement

1. PARTIES

This Agreement is signed by and between the following parties under the terms and conditions specified below.

A. ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)

B. ‘SELLER’; (hereinafter referred to as “SELLER” in the contract)

NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER acknowledges that they are obligated to pay the total order amount and any additional fees such as shipping costs and taxes upon confirming the order.

2. DEFINITIONS

The terms written below will have the following meanings in the implementation and interpretation of this contract.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on the Protection of Consumers No. 6502,

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

SERVICE: All consumer transactions other than the provision of goods, which are carried out or promised to be carried out in exchange for a fee or benefit,

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 provider,

BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDER PLACER: The real or legal person requesting a good or service through the SELLER’s website,

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: Refers to movable property that is the subject of shopping and intangible goods prepared for use in electronic environments, such as software, audio, visual, etc.

3. SUBJECT

This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically through the SELLER’s website, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts.

The listed and advertised prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: {saticiunvan}

Address: {saticiadres}

Phone: {saticitelefon}

Fax: {saticifax}

Email: {saticimail}

5. BUYER INFORMATION

Person to be delivered: {aliciad} {alicisoyad}

Delivery Address: {teslimatadresi}

Phone: {alicitelefon}

Fax: {alicifax}

Email/username: {alicimail}

6. PRODUCT(S) SUBJECT TO THE CONTRACT

6.1. The basic characteristics (type, quantity, brand/model, color, number) of the good(s)/service(s) are published on the SELLER’s website. If a campaign is organized by the seller, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.

6.2. The listed and advertised prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.

6.3. The total sales price of the goods or services, including all taxes, is shown below.

Product Description Quantity Unit Price Subtotal

(Including VAT)

Shipping Fee

Total:

Payment Method and Plan

Delivery Address

Person to be delivered

Invoice Address

Order Date

Delivery Date

Delivery Method

6.4. The shipping cost of the product, which is the shipping fee, will be paid by the BUYER.

7. INVOICE INFORMATION

Name/Surname/Title: {aliciad} {alicisoyad}

Address: {faturaadresi}

Phone: {alicitelefon}

Fax: {alicifax}

Email/username: {alicimail}

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

8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS RULES

The following privacy rules-policy and terms, which are currently specified below, apply to the protection, confidentiality, processing-use, and communications of information on the WEBSITE and other issues.

8.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE are taken in the system infrastructure of the SELLER, according to the nature of the information and transaction, within the limits of current technical possibilities. However, since these information entries are made from the BUYER’s device, it is the BUYER’s responsibility to take the necessary measures to protect them from being accessed by unrelated persons, including measures against viruses and similar harmful applications.

8.2. In addition to the personal data and commercial electronic communication permissions-consents provided by the BUYER and confirmed, the information acquired by the SELLER during the BUYER’s membership and shopping on the WEBSITE can be recorded, stored in printed/magnetic archives indefinitely or for the period they foresee, updated when necessary, shared, transferred, and used in various ways for the purposes of providing various products/services, all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and for electronic and other commercial-social communications. These data may also be transmitted to the relevant authorities and courts in cases required by law. The BUYER consents and permits the use, sharing, processing of their existing and new data, both personal and non-personal, in the scope described above, and the sending of commercial and non-commercial electronic communications and other communications to them in compliance with the legislation on the protection of personal data and electronic commerce.

8.3. The BUYER can always stop the data usage-processing and/or communications by reaching the SELLER through the specified communication channels or by using the opt-out right in the electronic communications sent to them. According to the BUYER’s explicit notification on this matter, personal data processing and/or communications are stopped within the legal maximum period; if desired, the data, excluding those legally required to be kept, are deleted from the data recording system or made anonymous so that the identity is not identifiable. The BUYER can always apply to the SELLER regarding the processing of their personal data, the persons to whom it is transferred, correcting it if it is incomplete or incorrect, notifying third parties to whom the data is transferred of the corrected data, deleting or destroying the data, objecting to the analysis of the processed data exclusively through automated systems resulting in a negative outcome for them, and compensation for the damages if they suffer damage due to the unlawful processing of the data. These requests will be fulfilled within the legal maximum periods, or the legal reason for the rejection will be explained to the BUYER.

8.4. All kinds of information and content on the WEBSITE and their arrangement, revision, and partial/complete use belong to the SELLER, except for those belonging to other third parties according to the SELLER’s agreement; all intellectual-industrial rights and property rights belong to the SELLER.

8.5. The SELLER reserves the right to make any changes they deem necessary on the above-mentioned issues; these changes will be effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.

8.6. The privacy-security policies and terms of use of other sites accessed through links from the WEBSITE are valid, and the SELLER is not responsible for any disputes and negative consequences that may arise.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information about the basic characteristics, sales price, and payment method of the product subject to the contract and delivery on the SELLER’s website, and have given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have received the correct and complete information about the address to be provided by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information before the distance sales contract is concluded.

9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, provided that it does not exceed the 30-day legal period, depending on the distance of the BUYER’s place of residence, within the period specified in the preliminary information section on the website. 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 agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, with all the necessary information and documents such as warranty certificates, user manuals if any, to perform the work within the principles of truthfulness and honesty, free from any defects, in compliance with the legal regulations, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance period of the contractual obligation expires.

9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it accepts, declares, and undertakes that it will inform the consumer in writing within 3 days from the date of learning about this situation and return the total price to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and if for any reason the product subject to the contract price is not paid and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will terminate.

9.7. The BUYER agrees, declares, and undertakes that in the case of unauthorized use of the credit card belonging to the BUYER after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the related bank or financial institution does not pay the product price to the SELLER, the BUYER will return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.

9.8. The SELLER accepts, declares, and undertakes that if the SELLER cannot deliver the product subject to the contract within the term due to force majeure such as events that develop beyond the control of the parties, which could not have been foreseen, and which prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In case of order cancellation by the BUYER, the amount paid in cash by the BUYER is paid to them in cash within 14 days. In the payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 to 3 weeks, and the reflection of this amount to the BUYER’s accounts after the refund to the bank is entirely related to the bank’s transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER through letters, emails, SMS, phone calls, and other means via the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or later updated by them. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities directed towards them.

9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not accept the delivery from the cargo company if they find the goods/services dented, broken, damaged, or defective, such as crushed, broken, torn packaging, etc. The received goods/services will be considered undamaged and sound. The duty to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. In the event that the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability is detected in the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the bank of the cardholder stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the mentioned 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 becoming a member of the SELLER’s website is true, and that they will immediately, in cash and in full, compensate all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER’s first notice.

9.13. The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal obligations arising will bind the BUYER exclusively and completely.

9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan, etc.) that prevent or make it difficult for others to use the services.

9.15. Links to other websites and/or other contents not controlled by the SELLER and/or owned or operated by other third parties may be provided through the SELLER’s website. These links are placed for the convenience of the BUYER and do not support any website or the person operating that site, nor do they guarantee the information contained in the linked website.

9.16. The member who violates one or more of the provisions 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. Additionally, if the violation causes the matter to be brought to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may use the right of withdrawal without any legal or penal liability and without any justification by refusing the goods within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address they indicated, provided that they notify the SELLER. For distance contracts related to service delivery, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer’s approval before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that they have been informed about the right of withdrawal by accepting this contract.

10.2. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not be used in accordance with the provisions of the “Products for which the Right of Withdrawal cannot be used” set forth in this contract. In case of exercising this right,

a) The invoice of the product delivered to the 3rd party or the BUYER (If the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns, whose invoices are issued on behalf of institutions, cannot be completed without issuing a RETURN INVOICE.)

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 amount and return 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 accept the return of 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 damages at the rate of their 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 right of withdrawal period.

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 canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The BUYER cannot exercise the right of withdrawal for goods prepared in line with the BUYER’s wishes or explicitly their personal needs, underwear lower parts, swimwear and bikini bottoms, makeup materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, goods that are not suitable for health and hygiene if they are delivered to the BUYER after being opened by the BUYER, goods that are mixed with other products after delivery and that cannot be separated due to their nature, periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if their packages are opened by the BUYER. Additionally, it is not possible to exercise the right of withdrawal for services that have been started with the consumer’s approval before the end of the withdrawal period according to the Regulation.

Cosmetic and personal care products, underwear products, swimwear, bikini, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, unspoiled, and unused in order to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that if they default in the payment transactions made with a credit card, they will pay interest within the framework of the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may take legal action; the BUYER may be charged the costs and attorney’s fees, and in any case, if the BUYER defaults due to their debt, the BUYER agrees, declares, and undertakes that they will compensate the SELLER’s damages and losses due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration committee or the consumer court where the consumer’s residence is located or where the consumer transaction is made within the monetary limits specified in the Law.

14. ENFORCEMENT

When the BUYER makes the payment for the order placed on the site, they are 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.

SELLER:

BUYER:

DATE:

 
 
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