Distance Sales Agreement
Title: Deriza Deri Sanayi Ticaret Limited Şirketi
Address: Gazi Mahallesi 16. Sokak No: 11/E Gaziemir-İzmir
Telephone: 0850 850 33 84
E-Mail : email@example.com
MERSIS Number: 0293 093 9237 00001
Name Surname Title :
ARTICLE 2 - SUBJECT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Law on the Protection of the Consumer and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under the Agreement. The subject of this contract is the sale of goods/services with the qualifications specified in the contract, which the Buyer has ordered electronically for the purchase of the products of the Seller, through the firmwebsite.com of the COMPANY NAME or other domain names connected to the service provided (“Website”). It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the delivery.
ARTICLE 3 - CONTRACTUAL PRODUCT/PRODUCTS
3.1. The type and type of products, quantity, brand/model, color, sales price including taxes (in terms of quantity x unit price) are as stated in the product content.
3.2. Payment method :
3.3. On the other hand, due to the fact that the forward sales are made only with credit cards belonging to banks, the BUYER will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the buyer, in accordance with the provisions of the legislation in force. accepts, declares and undertakes.
3.4. The contract has entered into force with the approval of the Buyer and is executed by the delivery of the Goods / Services purchased by the Buyer from the Seller to the Buyer. The goods/services will be delivered to the person(s) at the address specified by the Buyer in the order form and in this contract.
Delivery address :
Person to be delivered:
Billing address :
The delivery costs of the Goods/Services belong to the Buyer. If the Seller has declared on its website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is done in the promised time after the seller's stock is available and the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer and reserves the right to extend an additional 10 (ten) days with written notification within this period. If, for any reason, the Goods/Services fee is not paid by the Buyer or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.
The delivery will be delivered by hand at the BUYER's above-mentioned address via the courier company. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
ARTICLE 4 - DECLARATIONS AND COMMITMENTS OF THE BUYER
4.1. The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the Website and has given the necessary confirmation electronically. Buyers, as Consumers, can deliver their requests and complaints through the channels provided by the Seller contact information above.
4.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete. it confirms.
4.3. Destroyed, broken, torn packaging, etc., which will inspect the Contractual Goods/Services before the Buyer receives them. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the goods/services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the Goods/Services, the Buyer must have been delivered to the Seller. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery expenses belong to the Buyer.
4.4. The buyer must enter his information completely and without errors. Telephone number and tax number for delivery / T.C. ID number is required.
4.5. Prices of upholstered products on the website may vary depending on the type and quality of the fabric the product is covered with.
4.6. BUYER; The SELLER declares and undertakes in advance that the personal and other information he/she gives while subscribing to the Website is correct before the law, and that the SELLER will immediately and immediately compensate all damages incurred due to the untruthfulness of this information.
4.7. The BUYER cannot give or share the password given to him by the SELLER to other persons or organizations, the BUYER has the right to use the password in question. In the event that the BUYER's password is seized and someone else makes a transaction with the same password, the BUYER is obliged to make the payments to the SELLER as a result of the transaction in full and on time. For this reason, the SELLER reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all claims and demands that may be brought against the SELLER by third parties or authorized authorities. SELLER; security etc. may make the BUYER's password permanently or temporarily unusable for any reason.
4.8. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the Website. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
4.9. The BUYER may in no way use the Website in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others. In addition, the BUYER cannot engage in activities (Spam, Virus, Trojan Horse, etc.) and actions that prevent or make it difficult for others to use the services.
4.10. The ideas and thoughts declared, written and used by the BUYERS on the Website are entirely the BUYER's own personal views and bind the owner of the opinion. These views and thoughts have no interest or connection with the SELLER. The SELLER has no responsibility for the damages that the BUYER may incur due to the ideas and opinions expressed by the BUYER and the damages that the third parties may suffer due to the ideas and opinions expressed by the third parties.
4.11. The BUYER has agreed not to access or use other internet users' software and data without permission. Otherwise, the legal and penal responsibilities that may arise from this completely belong to the BUYER, who uses the software and data without permission.
4.12. SELLER; When the BUYER's personal information is requested as a legal obligation or (a) to act in accordance with legal requirements or to comply with legal proceedings notified to the SELLER; (b) The SELLER and the SELLER Web Site may disclose in cases where it believes in good faith that it is necessary to protect and defend the rights and property of the family.
4.13. Precautions have been taken to ensure that the SELLER Web Site is free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, the BUYER, by entering the SELLER Web Site, is deemed to accept that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences.
4.14. SELLER; The SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete the user information and data registered on the SELLER Web Site.
4.15.Parties; As the sole and exclusive evidence of all computer records belonging to the SELLER, HMK. It accepts and declares that it will be taken as a basis in accordance with HUMK article 287193 and that the records in question constitute a contract of evidence.
ARTICLE 5 - STATEMENTS AND COMMITMENTS OF THE SELLER
5.1. The Seller is responsible for the delivery of the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller is unable to deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, the Seller is obliged to notify the Buyer as soon as possible. Seller cannot be held responsible for not accepting delivery.
5.2. The stock status of the products on sale is updated from the SELLER's stocks. Despite the updates in the seller's stocks, the delivery time of the products that are out of hand may be extended. In this case, the customer is informed by phone or e-mail. The order can be changed, the shipment can be waited or the order can be canceled according to the customer's request. In case of cancellation of the order, if the payment is made by credit card, it is transferred back to the credit card, if the payment is made by bank transfer, it is transferred back to a bank account specified by the customer.
5.3. The SELLER determines the prices of all products sold on the website, in accordance with the free economy rules. This includes Tag Price, Sale Price, and Sale Price. No one, including the BUYER, the product manufacturer, importer or distributor, has the authority to force the price to be changed. Spelling errors are the exception.
5.4. As soon as the BUYER places the order, the information entered for the order is checked. For this reason, before the BUYER's Order is sent, first of all, the e-mail confirming the order must be sent to the BUYER.
5.5. Orders placed after 15:30 on Fridays will be processed on Monday. Orders that coincide with holidays and holidays are processed on the first business day following.
5.6. Shipping and delivery fees vary according to the content of the orders, the type of delivery selected and the delivery. Transport fee information can be seen in detail on the payment screens where the shopping takes place.
5.7. Deliveries are delivered only by identity check with the cargo companies determined by the SELLER or their own distribution network. Delivery cannot be requested with a different cargo company. When receiving the ordered package, it must be checked and damaged or faulty packages should not be received. As soon as the package is received, the BUYER's Order shall be deemed to have been delivered completely and intact by the cargo officer.
5.8. The SELLER does not deliver abroad.
5.9. The SELLER is free to choose the product types to be sold through the virtual store in line with their own decisions. The BUYER has no right to object to this issue.
5.10. After the order is received, it is prepared by the SELLER and delivered to the cargo within the time limit. In the event that the product subject to the order delivered to the cargo is not delivered within the Timeframe, the said delay is caused by the cargo company and the SELLER cannot be held responsible for the said delay. In case of delay in order delivery, the BUYER is obliged to notify the SELLER immediately.
5.11. The BUYER will be able to track his shipped order via the Internet via the Cargo Tracking Number sent to him in the Order Confirmation.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal by refusing the goods without giving any reason and paying any penalty within 14 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. The duration of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts regarding the delivery of goods, on the other hand, the consumer or the third party determined by the consumer begins on the day of receipt of the goods. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the box/package content of the product is not reduced and the product is in a resellable condition. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd party or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal provisions, if any, cannot be returned. The product price is returned to the BUYER within 10 days from the date of the consumer's withdrawal notification to the seller. The shipping cost, EFT deduction and other costs of the product returned due to the right of withdrawal are covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date of receipt of the goods or the signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date of receipt of the withdrawal notification to the seller or supplier.
ARTICLE 7 - RETURN PROCEDURE
7.1. Credit Card Return Procedure: In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons or in cases where the decision of the arbitral tribunal is decided to refund the consumer, if the shopping is made with a credit card and in installments, the procedure for returning to the credit card is given below. stated:
In how many installments the BUYER has bought the product, the bank makes the repayment to the customer in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 refund will be reflected on the card each month, and the installments paid by the customer before the return will take another month as the number of installments he has paid before the return, after the installments of the sale are over. will be deducted from its debts.
In case of return of goods and services purchased with a card, the SELLER cannot pay the customer in cash in accordance with the contract it has made with the bank. The BUYER workplace, namely the SELLER, will make the refund through the relevant software in the event of a return transaction, and since the BUYER workplace, the SELLER, is obliged to pay the relevant amount to the bank in cash or as a deduction, the customer cannot be paid in cash in accordance with the procedure we have explained above. Refund to the credit card will be made by the bank in accordance with the above procedure after the SELLER pays the bank the amount at once. The BUYER accepts and undertakes that he has read and accepted this procedure.
7.2. Return Procedure in Wire Transfer / EFT payment options: In wire transfer / EFT payment options, the refund will be made by money order and /EFT to the account specified by the consumer (the account must be in the name of the person at the billing address or the name of the user BUYER) by requesting bank account information from the consumer.
ARTICLE 8 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, provided that the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
Products sold within the scope of the campaign are not refundable under any circumstances.
ARTICLE 9: RESPONSIBILITY ARISING FROM DEFECT
Defective Goods: Inconsistent with the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or that reduces its value or the benefits expected by the consumer in terms of allocation or usage purpose. Goods that contain material, legal or economic deficiencies that eliminate or eliminate them are considered as defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the delivery date of the goods. In this case, the consumer has the right to withdraw from the contract, including the price refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.
If those held responsible for the defect with this article have not assumed responsibility for the defect for a longer period of time, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurred later.
Except for the provisions regarding liability for damages caused by the defective goods, the above provisions do not apply to the goods purchased knowing that they are defective.
It is obligatory to put a label containing the phrase "disabled" on the defective goods to be offered for sale or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. It is not obligatory to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods, even if the label be placed on the market is impaired. These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.
These provisions also apply to any consumer transaction related to the sale of goods.
Warranty Certificate: Manufacturers or importers are obliged to issue a Ministry-approved warranty certificate for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is perfected and delivered to the consumer. The warranty period starts from the delivery date of the goods and is a minimum of two years. However, due to its nature, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, the product is liable to be repaired without any charge under any other name, such as labor cost, replacement part cost or any other name.
If the consumer has used his/her right to repair, he/she may use his/her optional rights in cases where the inability to benefit from the product is permanent due to frequent malfunctions during the warranty period, or if the maximum period required for repair is exceeded or if it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, the dealer, the agency, the manufacturer-manufacturer and the importer are jointly and severally liable.
Defects caused by the consumer's use of the product in violation of the terms in the user manual are out of the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining which industrial goods have to be sold with a warranty certificate and the maximum time required for the repair of the defects of these goods, by taking the opinion of the Turkish Standards Institute.
Warranty and Repair Period: Warranty period; It starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.
If the warranty period is determined by another unit of measurement, there must be a device on the goods for the determination of this unit of measurement or its structure must be suitable for the determination of this value. Otherwise, the warranty period is considered to be 2 years.
In case of malfunction of the product, the time spent in repair is added to the warranty period.
The repair period of the goods cannot exceed the maximum repair period announced in the regulation. This period starts from the date of notification to the service station of the malfunction of the goods, and in the absence of a service station, to one of the seller, dealer, agency, representative, importer or manufacturer-manufacturer of the goods. Consumer's fault notification; telephone, fax, e-mail, registered letter with return receipt or similar means. However, in case of dispute, the burden of proof lies with the consumer.
ARTICLE 10 - PROVISIONS OF DEFAULT
In case the parties fail to fulfill their obligations under this contract from their resources, the Default provisions in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. It may request the performance of the debt and delay compensation due to non-performance of the debt, or request the compensation of the damage arising from the non-performance of the debt by informing the other party that he has waived these rights, or withdraw from the contract. In this case, the obligee is obliged to compensate the damages incurred by the obligee due to the invalidity of the contract, unless the obligee proves to be faultless. The interest rate to be applied in case of default is the T.C. It is the Central Bank (CBRT) overnight borrowing rate.
If the seller cannot deliver the product subject to the contract in due time due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, which may prevent the Seller from fulfilling this obligation, In such cases, the Buyer assumes no responsibility of the Seller, may exercise one of the rights to cancel it or to delay the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 days. (In the case of purchases made with a credit card in installments, the above procedure for the credit card refund is accepted by the BUYER.)
ARTICLE 11 - AUTHORIZED COURT
If the consumers have problems with the Seller, if the Seller cannot solve the problem, they can submit their applications to the Arbitration Committee for Consumer Problems in the place where they purchased the product or where they reside; They will be able to make their applications for complaints and objections related to transactions with a product price of more than 2.320.00 TL, to the Consumer Court in the place where they purchased the product or where their residence is located.
Pursuant to the Communiqué on increasing the monetary limits in Article 6 of the Law on the Protection of Consumers No. 6502 and Article 6 of the Consumer Arbitration Committees Regulation, the lower monetary limit for the provincial arbitration committees operating in metropolitan provinces to be responsible and authorized to deal with disputes is 3.480.00 TL. is
ARTICLE 12 - ENFORCEMENT
This Agreement, which consists of 12 (twelve) articles, has been read by the Parties and concluded by being approved by the Buyer electronically and has entered into force immediately.
SELLER : Deriza Deri Sanayi Ticaret Limited Şirketi