Distance Sales Agreement
PARTIES
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SELLER
Commercial Title |
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Address |
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Phone |
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Mersis No |
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Tax Identification Number |
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Seller Email Address |
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KEP Address |
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Carrier to Whom the Buyer Will Return the Goods in Case of Return |
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Website |
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1.2. BUYER
Name – Surname |
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T.C. Identity Number |
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Address |
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Phone |
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2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 and the Regulation on Distance Contracts.
2.2. The subject of this Agreement is the sale and delivery of the goods specified in the Agreement, which the Buyer orders electronically through the Seller’s website, including the determination of the parties’ rights and obligations according to the provisions of the Law No. 6502 and the Regulation on Distance Contracts.
2.3. The execution of this Agreement does not prevent the Buyer from fulfilling any separate membership agreements or other contracts entered into with the Seller regarding the website; each of them is an independent agreement.
3. BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES (INCLUDING VAT)
The prices and offers announced by the Seller on the website will be valid until the Seller updates or changes them unilaterally. If a price or offer is announced for a limited period, these prices and offers will be valid until the end of that period.
Total product price excluding shipping |
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Total product price including VAT |
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Discount applied (if any): |
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Shipping fee |
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Total price including shipping |
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Payment method |
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Delivery terms |
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Delivery address |
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Recipient(s) |
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Order date |
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4. DELIVERY OF GOODS AND DELIVERY METHOD
4.1. The Agreement becomes effective once it is electronically approved by the Buyer, and it will be considered fulfilled when the goods purchased by the Buyer from the Seller are delivered to the Buyer. The goods will be delivered to the address and authorized person(s) indicated in the Buyer’s order form and this Agreement. Once the goods are delivered by the Seller to these persons, the Seller will be deemed to have fulfilled all obligations and completed the Agreement.
4.2. Unless stated otherwise, the delivery costs (shipping, etc.) will be borne by the Buyer. If the Seller has announced that the delivery cost will be covered by the Seller on the website, then the delivery costs will be borne by the Seller.
4.3. The Seller will deliver the goods within 30 (thirty) days from the date of payment, provided that the goods are in stock, unless it is impossible to fulfill the order. If the Buyer does not pay for the goods or cancels the payment, the Seller will be relieved of the obligation to deliver the goods.
4.4. In the case of an order cancellation before the Buyer receives the goods, the Buyer will be responsible for the shipping and other delivery costs.
5. BUYER’S DECLARATIONS AND COMMITMENTS
5.1. The Buyer declares and accepts that they have read the pre-information provided by the Seller regarding the basic features of the goods, the sale price, payment method, delivery, shipping costs, and other matters and that they accept the terms of this Agreement by giving the necessary electronic approval.
5.2. Any claims and complaints made by the Buyer as a consumer can be communicated to the addresses provided under the Seller’s contact information (Section 1.1) or via the communication channels provided on the website.
5.3. By electronically confirming this Agreement and the Pre-information Form, the Buyer acknowledges that they have obtained all necessary and complete information required by law, including the address, basic features of the goods ordered, the price of the goods including taxes, payment, and delivery terms.
5.4. If the Buyer receives the goods from the carrier without inspecting it and finds that the goods are damaged, broken, or defective (e.g., torn packaging), the responsibility for any such issues lies with the Buyer. Once the goods are received from the carrier, they are deemed to be accepted as free from any damage or defects. After delivery, any responsibility or damage to the goods will be the Buyer’s responsibility.
5.5. If the Buyer’s credit card is used by unauthorized persons and the relevant bank or financial institution does not pay the price of the goods to the Seller due to this unauthorized use, the Buyer is obliged to return the goods to the Seller within 3 (three) days. In this case, the shipping costs will be borne by the Buyer.
5.6. The Seller sends the goods to the Buyer through its contracted courier companies. If the courier company does not have a branch in the Buyer’s location, the Buyer will need to collect the goods from the nearest branch of the courier company.
5.7. If neither the Buyer nor the third party indicated by the Buyer is present at the address during delivery, the Seller will be considered to have fully and completely fulfilled its obligations. The Buyer is responsible for tracking the shipment with the courier company if no one is at the address. The Seller is not responsible for any issues arising if the goods are not received on time due to the absence of the Buyer or the third party at the delivery address.
5.8. The Buyer agrees to comply with the legal regulations while using the Seller’s website, not to use the website for illegal purposes or in ways that violate public order or disturb others, and not to carry out activities that prevent or hinder the use of the website by others (e.g., spam, viruses). Otherwise, the Buyer will be solely responsible for any legal or criminal consequences.
6. SELLER’S DECLARATIONS AND COMMITMENTS
6.1. The Seller is obligated to deliver the goods in accordance with the consumer legislation, ensuring they are intact, complete, and meet the specifications mentioned in the order. If applicable, the goods will be delivered with warranty documents and user manuals.
6.2. In cases of force majeure or other extraordinary situations that prevent delivery, the Seller must notify the Buyer within 3 (three) days of learning about such situations.
6.3. The Seller will not be held responsible if the person to whom the goods are to be delivered does not accept the delivery.
6.4. If the Seller fails to fulfill the obligations within the specified time frame, the Buyer may unilaterally terminate the Agreement. If the Buyer terminates the Agreement, the Seller is obliged to refund all payments received, including delivery charges, within 14 (fourteen) days of receiving the termination notice, along with legal interest.
7. RIGHT OF WITHDRAWAL
7.1. The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods, without any legal or criminal liability and without giving any reason.
7.2. The calculation of the right of withdrawal period is as follows:
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For orders of multiple goods delivered separately, the withdrawal period starts from the date the last item is received.
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For goods consisting of multiple parts, the withdrawal period starts from the date the last part is received.
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For contracts where the goods are delivered regularly over a period of time, the period starts from the date the first item is received.
7.3. The Buyer must notify the Seller of their intention to exercise the right of withdrawal through the communication channels provided on the website.
7.4. If the Buyer exercises the right of withdrawal, they must return the goods to the Seller within 10 (ten) days. The goods must be returned in their original packaging, with all accessories and any promotional items intact.
7.5. The return shipping cost will be borne by the Seller if the goods are returned using the Seller’s contracted courier company. If another courier company is used, the return shipping cost will be the Buyer’s responsibility.
7.6. If the right of withdrawal is exercised, the Seller will refund the amount paid by the Buyer within 14 (fourteen) days of receiving the returned goods.
7.7. If the goods are returned damaged or altered, or if the Buyer causes a decrease in the value of the goods, the Buyer is responsible for compensating the Seller for the damage caused.
7.8. If the Buyer’s return results in the campaign limits being reduced, the discounts applied under the campaign will be canceled.
7.9. If the goods are damaged or altered due to the Buyer’s failure to follow the usage instructions, the Seller reserves the right to refuse the withdrawal request.
8. DISPUTE RESOLUTION
In case of a dispute arising from this Agreement, the Consumer Arbitration Committees or Consumer Courts in the district or city where the Buyer purchased the goods or resides shall have jurisdiction.
9. DEFAULT AND LEGAL CONSEQUENCES
9.1. If the Buyer defaults on credit card payments, the Buyer is responsible for any interest or legal fees incurred as a result. The bank may take legal action to recover costs from the Buyer.
9.2. If the bank does not pay for the goods after delivery, the Buyer must return the goods within 3 (three) days at their own expense. The Seller retains the right to pursue any contractual or legal claims.
10. NOTIFICATIONS AND EVIDENCE AGREEMENT
All communications under this Agreement must be sent via registered mail, fax, or email unless otherwise required by law. The Buyer agrees that the Seller's official records will be binding and conclusive in any disputes.
11. EFFECTIVENESS
This Agreement consists of eleven articles, and each article has been agreed
upon by both parties. Upon the electronic confirmation of the Buyer, this Agreement will be valid and effective.
SELLER |
BUYER |