Sales Agreement

 

1. PARTIES

This Contract has been signed between the parties below within the framework of the provisions and conditions stated below. A. ‘BUYER’; (hereinafter to be referred to as the ‘BUYER’ in the contract) B. ‘SELLER’ (hereinafter to be referred to as the ‘SELLER’ in the contract) NAME - LAST NAME: ADDRESS: By agreeing to this contract, the BUYER agrees in advance that they shall be obliged to pay for the order subject matter value and if any, the additional fees such as the shipment fees and taxes and that they have been informed accordingly, should they approve the contract order.

2. DEFINITIONS

The terms below shall mean the written explanations next to them in the implementation and interpretation of this contract. MINISTER: shall mean the Minister of Customs and Trade, MINISTRY: shall mean the Ministry of Customs and Trade, LAW: shall mean the Law on Consumer Protection numbered 6502, REGULATION: shall mean the Regulation on Distance Contracts (RG:27.11.2014/29188), SERVICE: shall mean the subject of all consumer processes, except for supply, that are carried out or undertaken to be carried out in return for a payment or benefit, SELLER: shall mean the company that offers goods to the consumer within the scope of its trade or professional activities or the company that acts on behalf or in the account of the supplier, BUYER: shall mean the natural person or legal entity that obtains, uses or benefits from a goods or a service for non-trade or non-professional purposes, SITE: shall mean the SELLER’s website, CUSTOMER: shall mean the natural person or legal entity that requests a goods or a service via the website of the SELLER, PARTIES: shall mean the SELLER and the BUYER, CONTRACT: shall mean this contract made between the SELLER and the BUYER, GOODS: shall mean the goods that is the subject matter of the trade, and the software, audio, image and similar intangible goods that have been prepared to be used electronically.

3. SUBJECT

This Contract issues the rights and obligations of the parties pursuant to the Law on Consumer Protection numbered 6502 and the Regulation on Distance Contracts concerning the sales and delivery of the product which the BUYER orders on electronic platform via the website of the SELLER and whose qualifications and selling price are stated below. The prices that are listed and announced on the site are the selling prices. The announced prices and undertakings shall apply unless updated and changed. And the prices that are announced periodically shall apply until the specified duration.

4. SELLER’S INFORMATION

Title
Address
Telephone
Fax
E-mail:

5. BUYER’S INFORMATION

Delivered to Delivery Address Telephone Fax E-mail/Username

6. CUSTOMER INFORMATION

Name/Last Name/Title/Address/Telephone/Fax/E-mail/Username

7. CONTRACT PRODUCT/PRODUCTS INFORMATION

7.1. The key features (type, amount, brand/model, color, pieces) of the goods / Product / Products / Service are published on the SELLER’s website. If a campaign has been organized by the Seller, you can examine the key features of the relevant product throughout the campaign. Valid throughout the duration of the campaign.
7.2. The prices that are listed and announced on the site are the selling prices. The announced prices and undertakings shall apply unless updated and changed. And the prices that are announced periodically shall apply until the specified duration.
7.3. The selling price including all taxes of the contract goods or service is shown below. Product Description Unit Price Subtotal (Including VAT) Shipment Amount Total: Method and Plan of Payment Delivery Address To Be Delivered To Invoice Address Order Date Delivery Date Method of Delivery
7.4.  The shipment fee, which is the product delivery expense, shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Last Name/Title/Address/Telephone/Fax/E-mail/Username Invoice delivery: The invoice shall be delivered with the order during the delivery of the order to the invoice address.

9. GENERAL PROVISIONS

9.1. The BUYER agrees, declares and undertakes that they have read and been informed about the key features, selling price and method of payment of the contract product and the preliminary details of the delivery on the SELLER’s website and that they electronically gave the necessary confirmation. They also agree, declare and undertake that the BUYER has accurately and fully obtained the address, the key features of the ordered products, the price including taxes, payment and delivery information of the products that need to be given to the BUYER by the SELLER, before the BUYER electronically confirms the Preliminary Details and the distance sales contract is made.
9.2. Each contract product shall be delivered to the BUYER or the person and/or entity at the address as indicated by the BUYER within the duration that is specified in the preliminary details section on the website, depending on the distance of the BUYER’s residency, provided that it does not exceed the 30-day legal period. The BUYER shall reserve the right to terminate the contract in the event that the product cannot be delivered to the BUYER within this duration.
9.3. The SELLER agrees, declares and undertakes to deliver the Contract product in full, compliant with the features stated in the order, and along with the information and documents such as guarantee certificates, manuals, if any, as required by the job; to execute the job free from all defects, in a durable way compliant with the standards and pursuant to the legal legislation, within the principles of truthfulness and integrity; to preserve and augment the quality of service; to manifest the necessary attention and care during the execution of the job; and the act with caution and prudence.
9.4. The SELLER may supply a product of an equal quality with a different price, by means of notifying and expressly taking the approval of the BUYER, before their contractual obligation of execution expires.
9.5. The SELLER agrees, declares and undertakes that should they fail to fulfill their contract obligations in the event that the fulfilling of the order product or service becomes impossible that they shall notify this situation to the consumer in writing within 3 days from the date of finding out about it, and that they shall return the total value to the BUYER within a duration of 14 days.
9.6. The BUYER agrees, declares and undertakes that they shall confirm this Contract electronically for the delivery of the Contract product; and that the SELLER’s obligation to deliver the contract product shall end in the event that the amount of the contract product is not paid and/or is annulled in the bank logs for any reason whatsoever.
9.7. The BUYER agrees, declares and undertakes that in the event that the contract product amount is not paid to the SELLER by the relevant bank or finance institution as a result of the BUYER’s credit card being used by unauthorized persons after the Contract product is delivered to the BUYER or the person and/or institution at the address as indicated by the BUYER, the BUYER shall return the Contract product to the SELLER within 3 days, the shipment expenses to be borne by the SELLER.
9.8. The SELLER agrees, declares and undertakes that should they fail to deliver the contract product within its duration due to the states of force majeure which occur outside of the parties’ wills, which cannot before seen beforehand and which prevent and/or delay the parties from fulfilling their debts that they shall notify the BUYER of the situation. And the BUYER shall be entitled to request from the SELLER that the order is cancelled; that the contract product is replaced with its equal, if any, and/or that the delivery duration is postponed until the preventing situation goes away. In the event that the order is cancelled by the BUYER, the amount of the product shall be fully paid to them in cash within 14 days for the payments where the BUYER has paid in cash. And for the payments where the BUYER has paid with a credit card, the amount of the product shall be returned to the relevant bank within 14 days following the cancellation of the order by the BUYER. The BUYER agrees, declares and undertakes that the process of the bank reflecting the amount which is returned to their credit card by the SELLER can take up to 2 to 3 weeks to show up on the BUYER’s account; that since the reflection of this amount on the BUYER’s accounts after it is returned to the bank is completely related to the bank, the BUYER shall not hold the SELLER responsible for any possible delays.
9.9. The SELLER shall be entitled to reach the BUYER for communication, marketing, notification and other purposes via mail, e-mail, SMS, telephone or other means based on the address, e-mail address, fixed and mobile telephone lines and other contact information that the BUYER stated in the form to sign up on the site or that the BUYER later updated. The BUYER agrees and declares by agreeing to this contract that the SELLER can carry out the abovementioned communication activities toward them.
9.10. The BUYER shall firstly inspect the company goods/service before receiving it; and shall not receive the damaged and defective goods/service, which is crushed, broken, with a torn packing...etc. from the courier company. It shall be considered that the received goods/service is damage-free and intact. The debt of carefully protecting the goods/service after delivery shall be of the BUYER. The goods/service must not be used if the right of withdrawal shall be exercised. The invoice must be returned.
9.11. In the event that the bearer of the credit card that is used during the order is not the same as the BUYER, or that a security breach is found before the product is delivered to the BUYER regarding the credit card that is used for the order, the SELLER can request the BUYER to produce the previous month’s receipt of the credit card used for the order or a letter from the bank of the credit card bearer saying that the credit card belongs to them. The order shall be frozen during the time to pass until the BUYER obtains the requested information/documents, and the SELLER shall be entitled to cancel the order in the event that the aforesaid requests are not met within 24 hours.
9.12. The BUYER declares and undertakes that the personal and other information that they provided while signing up to the SELLER’s website are truthful; and that they shall immediately and fully compensate in cash for all the damages that the SELLER will suffer due to the inaccuracy of that information, upon the first notification from the SELLER.
9.13. The BUYER agrees and undertakes in advance to obey the legal legislation provisions and not to violate them while using the SELLER’s website. All legal and penal obligations to arise otherwise shall completely and exclusively bind the BUYER.
9.14. The BUYER cannot in any way use the SELLER’s website in a way to disrupt public order, in violation with the public moral, in a way to disturb and harass others, for an illegal purpose, or in a way to violate others’ material and spiritual rights. Additionally, the member cannot conduct any activities (spams, viruses, Trojan horses...etc.) that would prevent or complicate others from using the services.
9.15. Other websites and/or other contents that are outside of the SELLER’s control and/or that are owned and/or run by other third parties can be linked through the SELLER’s website. These links have been placed to provide convenience of navigation for the BUYER, do not support any websites or persons that run that site, and do not have any qualifications of a guarantee for any of the information that the linked website contains.
9.16. The member to violate one or more of the articles listed in this contract shall be personally responsible for the said violation in a penal and legal manner and shall keep the SELLER free from the legal and penal consequences of these violations. Besides; in the event that things are brought up to the field of law due to this violation, then the SELLER shall reserve the right to request indemnity from the member for disobeying the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In the event that the distance contract is in relation to selling goods, the BUYER can exercise their right to withdraw from the contract by rejecting the goods without taking on any legal and penal responsibility and without giving any justification within 14 (fourteen) days following the date when the product is delivered to them or the person/entity at the address that they indicated. And in the distance contracts relating to service delivery, this duration starts from the date of signing the contract. The right of withdrawal cannot be exercised for the service contracts where the service started to be executed with the consumer’s approval before the duration of right of withdrawal ends. The expenses arising out of exercising  the right of withdrawal shall be borne by the SELLER. The BUYER agrees in advance by agreeing to this contract that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is mandatory that a written notification has been made to the SELLER within the 14 (fourteen)-day duration via registered mail, fax or e-mail, and that it has not been used within the framework of the provisions “Products for Which the Right of Withdrawal Shall Not be Used” of the product as issued in this contract. In the event that this right is exercised,
a) the invoice of the product delivered to the third part or the BUYER, (if the invoice of the product to be returned is corporate, it should be sent along with the return invoice that the institution has issued. The returns of the order for which the invoice has been issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packing, and if any, accessories of the products to be returned should be delivered completely and damage-free.
d) The SELLER shall be obliged to return the total amount and the documents that obligated the BUYER to the BUYER within 10 days the latest after receiving the withdrawal notification, and to accept the return of the product within 20 days.
e) If the goods suffer a decrease of value due to a reason stemming from the BUYER’s fault or if the return becomes impossible, the BUYER shall be obliged to compensate for the SELLER’s damages to the extent of the fault. However, the BUYER shall not be responsible for the changes and deteriorations that occur due to the duly use of the goods or the product within the duration of the right of withdrawal.
f) In the event that they fall below the limit amount of the campaign that is organized by the SELLER after exercising the right of withdrawal, then the discount amount that is benefited within the scope of the campaign shall be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL SHALL NOT BE USED

In the event that the underwear bottom parts, swimsuits and bikini bottoms, makeup products, disposable products, perishable goods or goods with an expiration date that are prepared according the BUYER’s request or explicitly their personal needs and that are not fit for sending back, the products that are not suitable to return in terms of health and hygiene after being unpacked by the BUYER after they have been delivered to the BUYER, the products that are mixed with other products and cannot be separated as per nature after being delivered, goods relating to periodical publications such as newspapers and magazines, excluding those provided within the scope of the Subscription agreement, services that are electronically executed or intangible goods that are instantly delivered to the consumer, as well as the audio or video records, books, digital contents, software programs, data recording and data storing devices, and computer consumable materials have been unpacked by the BUYER, their return shall not be possible as per the Regulation. In addition, exercising the right of withdrawal shall not be possible as per the Regulation, either, for the services that have started to be executed upon the consumer’s approval before the duration of right to withdraw ends. Cosmetics and personal care products, underwear, swimsuits, bikinis, books, duplicable software and programs, DVDs, VCDs, CDs and stationery consumable materials (toners, cartridges, tapes...etc.) need to be unpacked, untried, unbroken and unused to be returned.

12. IN CASE OF DEFAULT IN CONTRACT AND LEGAL CONSEQUENCES

The BUYER agrees, declares and undertakes that in the event that they are at default when they carry out the payment transactions with credit card, they shall pay interest within the framework of the credit card agreement between the card owner and the bank, and that they shall be responsible toward the bank. In this case, the bank can resort to legal remedies; can request the expenses and the attorney fees that will arise from the BUYER, and under all circumstances, in the event that the BUYER is at default due to their debt, the BUYER agrees, declares and undertakes that they shall pay for the damages and losses that the SELLER suffers due to the delayed fulfillment of the debt.

13. COMPETENT COURT

The complaints and objections for the conflicts to arise out of this contract shall be made to the arbitration committee for consumer problems or the consumer court in the place where the consumer’s residency is located or where the consumer transaction is carried out, within the fiscal limits as stated in the law below. The information on the fiscal limit is as follows: to be valid as of 01/01/2017, for the applications to be made to the consumer arbitration committees for the year 2017: a) the district consumer arbitration committees for conflicts with a value of under 2.400 (two thousand and four hundred) Turkish Liras, b) the province consumer arbitration committees for the conflicts with the value between 2.400 (two thousand and four hundred) Turkish Liras and 3.610 (three thousand six hundred and ten) Turkish Liras in metropolitan cities, c) the province consumer arbitration committees for the conflicts with a value under 3.610 (three thousand six hundred and ten) Turkish Liras in the city centers of non-metropolitan cities, d) and the province consumer arbitration committees for the conflicts with the value between 2.400 (two thousand and four hundred) Turkish Liras and 3.610 (three thousand six hundred and ten) Turkish Liras in the districts connected to non-metropolitan cities have been assigned. This Contract is made for commercial purposes.

14. VALIDNESS

Once the BUYER makes the payment of the order that they place on the site, they shall be considered to have agreed to all of the conditions of this contract. The SELLER shall be obliged to carry out the necessary software-related adjustments to get approval that this contract has been read and agreed to by the BUYER on the site, before the order occurs. SELLER: BUYER: DATE:

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