DISTANCE SALES CONTRACT
ARTICLE – 1. SUBJECT:
Subject of this Distance Sales Contract (”Contract”) is to determine rights and obligations of the parties on the product the Seller sells to the Buyer (”Consumer”) pursuant to the Consumer Protection Law No. 6502, the Regulation on Distance Selling Contracts and other relative legal provisions with regard to the sales and delivery of the product of which properties and sales price are given below.
ARTICLE 2 – ESTABLISHMENT OF THE CONTRACT
2.1 THE BUYER AGREES THAT H/SHE HAS READ, UNDERSTOOD THE Contract, AND H/SHE IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS.
2.2 THE BUYER AND SELLER AGREE THAT THERE IS NO IRRATIONALITY IN THE ACTS DETERMINED BY THE Contract AND MUTUAL ACTS ARE IN COMPLIANCE WITH QUALITY OF THE WORK, AND THAT THEY HAVE NO LACK OF EXPERIENCE IN THE WORKS WITHIN SCOPE OF THIS Contract.
2.3 THE BUYER AGREES THAT H/SHE HAS COMPLETELY REACHED A CONCLUSION THAT THE CONTRACTUAL WORKS ARE IN THE INTEREST OF HIM/HER AND H/SHE WILL CONSCIOUSLY, WILLINGLY AND PURPOSELY FOLLOW ALL TERMS WITHOUT ANY DIFFICULTY OR BOREDOM AND OF HIS/HER OWN FREE WILL.
2.4 THE SELLER AND THE BUYER AGREE THAT PROVISIONS OF THE Contract DO NOT HAVE THE CHARACTERISTICS OF AN UNFAIR TERM, AND THAT THERE IS NOT AN INJUSTICE IN TERMS OF THE BENEFITS OF BALANCE.
2.5 PROVISIONS OF THIS AGREEEMENT DO NOT CONTAIN ANY UNFAIR TERM PURSUANT TO THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN THE CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRADICTION AGAINST THE PRINCIPLE OF HONESTY AND GOODWILL AND THEY HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
2.6 PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED BY ALSO CONSIDERING THE PROVISIONS OF THE NEW OBLIGATIONS LAW NO. 6098. BINDINGNESS AND CONTENT REVIEW STIPULATED IN THE ARTICLE-21 OF THE NEW OBLIGATIONS LAW HAS BEEN PERFORMED BY THE BUYER. NONE OF THE PROVISIONS OF THIS CONTRACT SHALL HAVE TERMS WHICH ARE UNFAMILIAR (CONFUSING TERMS) TO THE QUALITY OF THE CONTRACT AND FEATURE OF THE WORK. PROVISIONS OF THIS CONTRACT HAVE BEEN CLEARLY AND COMPREHENSIBLY WRITTEN AND THEY DO NOT CONTAIN ANY AMBIGUOUS MEANING.
ARTICLE – 3 SELLER’S INFORMATION
ARTICLE – 4 BUYER’S (CONSUMER) INFORMATION
ARTICLE – 5 CONTRACTUAL WORK’S INFORMATION
Type, quantity, brand/model, color number, sales price, payment method of the Goods/Products/services are as follows:
Date of the CONTRACT:
Delivery Date of the Product:
Amount of the Delivery Costs:
Carrier Information (in case of return):
ARTICLE – 6 GENERAL PROVISIONS
6.1 The BUYER declares that h/she has read all preliminary information with regard to the basic features, sales price and payment method of the Contractual product as specified in the ARTICLE-5 and h/she has been informed thereof and h/she has given necessary approval in the electronic media.
6.2 The contractual product shall be delivered to the BUYER or a person/enterprise which has been designated by the BUYER per product within the duration specified in the preliminary information depending on distance of the residential place of the BUYER provided (that) the term of 30 (thirty) days is not exceeded. If the SELLER acts contrary to its liability, the Consumer is entitled to terminate this CONTRACT. If the CONTRACT is terminated, the Seller or the Provider, must refund all payments collected including the delivery costs, if any, along with their legal interests determined pursuant to the relative legislation, and must return all valuable papers and similar instruments obligating the Consumer within 14 (fourteen) days as of the date when the termination notice has been delivered to him/her.
6.3 If the Contractual Work is delivered to a person/enterprise other than the BUYER and this person/enterprise does not accept the delivery, the SELLER cannot be held responsible thereof.
6.4 The SELLER shall be responsible for delivering the Contractual work in a durable, complete condition and in line with the qualities given in the order. The SELLER can provide goods or service to the BUYER in an equal quality and price before expiration of its obligation term for fulfillment.
6.5 This CONTRACT must be approved electronically and amount of the Contractual order must be paid for delivery of the contractual product. If amount of the product is not paid or cancelled in the bank records, the SELLER shall be deemed to be released from the delivery obligation.
6.6 In cases where the goods or services ordered cannot be provided, The SELLER shall be liable to notify the condition to the BUYER in written or along with the fixed data register within 3 (three) days as of the date when h/she has learned it. In this case, the SELLER shall return all payments collected including the delivery costs to the BUYER within 14 (fourteen) days as of the date of notification.
6.7 The SELLER shall be responsible for the losses and damages incurred on the goods until delivery of them to a third person to be determined by the BUYER other than the carrier.
6.8 In the event that the BUYER demands shipment of the goods by a carrier other than the one determined by the SELLER, the SELLER shall not be responsible for the losses and damages likely to occur as of the date of delivery to the relative carrier.
6.9 The services offered by the SELLER are for the customers within scope of the retail sales. In the event that the BUYER suspects that the BUYER intends to resell, the SELLER reserves the right to cancel the order and not deliver the products even if the CONTRACT has been established.
ARTICLE – 7 RIGHT OF WITHDRAWAL
In accordance with the relevant provisions on Consumer Protection Law No. 6502 and Distance Contracts Directive;
7.1 Consumer; in distance contracts for the sale of goods, has the right to withdrawal from the contract without any reason and paying penal clause within 14 (fourteen) days from the date of delivery of the goods. However, consumer can use his/her right of withdrawal in the period from the execution this contract until the delivery of the goods. It is sufficient to have been directed the notification on the use of the right of withdrawal during this period in writing or via permanent data registers to the vendor or provider.
In determining the right of withdrawal period;
a) The day which consumer or third party designated by the consumer receives last lot in the goods only subject to order and delivered separately,
b) The day which consumer or third party designated by the consumer receives last lot in the goods consisting of multiple parts,
c) The day which consumer or third party designated by the consumer receives first lot in the contracts which the regular delivery of goods is carried out during a certain period are taken as a basis.
7.2 Consumer's right of withdrawal is not applied to contracts relating to (i) goods prepared in accordance with the consumer requests or personal needs, (ii) the delivery of goods that is perishable and may expire, (iii) the delivery of goods of which protective elements such as packing, tape, seal, packaging is opened after their delivery; with the goods of which return is not suitable in terms of the health and hygiene, (iv) the goods which are mixed with other products after the delivery and cannot be resolved by its nature, (v) if protective elements such as packing, tape, seal, packaging is opened after the delivery of the goods, book, digital content and the computer consumables presented in the financial environment, (vi) the delivery of periodical publications such as newspapers and magazines other than those provided under the subscription agreement, (vii) accommodation, transport of goods, car rental, supplying of food and drinks that should be done on a specific date or period, making use of spare time for the purpose of entertainment or recreation, (viii) the services performed instantly on electronic media or intangible goods delivered to consumer instantly, (ix) before the end of the right of withdrawal period, services began to be carried out by the consumer's consent, and (x) goods or services of which price varies depending on fluctuations in the financial markets and which are not under control of the seller or provider.
7.3 If consumer use his/her right of withdrawal, seller or provider is responsible to return total cost he/she received and securities that burdens the consumer with debt and all similar documents without any costs to the consumer not later than 14 (fourteen) days from the date of receipt of withdrawal notification.
7.4 In the withdrawal, if consumer uses goods in accordance with its functions, technical specifications and user manual, he/she shall not be responsible for any changes and damages arisen.
7.5 If the seller does not specify any carrier on the preliminary information, any compensation shall not be demanded from consumer related to return expenses. If the carrier specified on the preliminary information for return has not branch in the place where the consumer is located, the seller is responsible to ensure the receipt of the goods which are demanded to be returned from consumer without demanding any additional costs. If consumer returns the goods through the carrier which the seller specifies for return on the preliminary information form when he/she uses their right of withdrawal, he/she shall not be held responsible for paying expenses related to return.
7.6 Unless consumer offers that the seller itself shall get back the goods, consumer should send back the goods to the seller within ten days from the date of sending notification that consumer has used right of withdrawal.
ARTICLE – 8 COMPETENT COURT
All kinds of complaints and objections regarding this Agreement can be referred to the Arbitration Committee for Consumer Problems or the Consumer Court in residential address of the BUYER or SELLER according to the monetary borders determined annually by the Ministry of Customs and Trade in December.
Valikonağı Caddesi Süleyman Nazif Sokak No: 38-40
34371 Nişantaşı - İstanbul / Türkiye
T: +90 212 241 6580
F: +90 212 241 6586