DISTANCE SALES CONTRACT
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PARTIES
This Agreement has been signed between the parties below within the provisions and terms specified below.
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A. 'BUYER'; (hereinafter referred to as the "BUYER" in the agreement)
NAME - SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as the "SELLER" in the agreement)
NAME - SURNAME: Mehmet Emre ÇETIN
ADDRESS: Fenerbahçe Mahallesi Ä°ÄŸrip Sokak No:13/1 Kadıköy/Ä°stanbul
By accepting this agreement, the BUYER acknowledges in advance that, upon approving the subject of the order, they will be obliged to pay the order amount, and, if specified, additional charges such as shipping fee and taxes.
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DEFINITIONS
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In the application and interpretation of this agreement, the terms written below will indicate their written explanations.
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MINISTER: Refers to the Minister of Customs and Trade,
MINISTRY: Refers to the Ministry of Customs and Trade,
LAW: Refers to the Law No. 6502 on Consumer Protection,
REGULATION: Refers to the Distance Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: Refers to the subject of any consumer transaction other than providing goods, made or promised in exchange for a fee or benefit,
SELLER: Refers to the company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the one providing the goods,
BUYER: Refers to a real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: Refers to the internet site owned by the SELLER,
ORDERER: Refers to a real or legal person who requests a good or service via the internet site owned by the SELLER, PARTIES: Refers to the SELLER and BUYER,
CONTRACT: Refers to this agreement concluded between the SELLER and BUYER,
GOOD: Refers to movable property subject to shopping and intangible goods prepared for use in electronic media such as software, sound, image.
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SUBJECT
This Contract regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, concerning the sale and delivery of the product, whose qualities and sale price are specified below, ordered by the BUYER via the electronic medium on the SELLER's website.
The prices listed and advertised on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a specific duration are valid until the end of the specified period.
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SELLER INFORMATION
Title
Address
Phone
Fax
Email
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BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
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INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title
Address
Phone
Fax
Email/username
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INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
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The basic features of the Goods/Product/Products/Service (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
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The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a specific duration are valid until the end of the specified period.
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The total sales price, including all taxes, of the product or service subject to the contract is shown below.
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Payment Method and Plan
Delivery Address
Person to be Delivered to
Invoice Address
Order Date
Delivery Date
Delivery Method
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The shipping cost for the product will be paid by the BUYER.
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INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
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GENERAL PROVISIONS
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The BUYER accepts, declares, and undertakes that they have read and are informed about the basic characteristics of the product in question, its sale price, payment method, and delivery details on the SELLER's website and has given the necessary confirmation electronically. The BUYER's electronic confirmation of the Preliminary Information indicates that they correctly and completely received the address, basic features of the ordered products, the price of the products including taxes, and payment and delivery information that the SELLER must provide to the BUYER before the establishment of the distance sales contract.
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Each product subject to the Contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, without exceeding the legal period of 30 days, depending on the distance of the BUYER's residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
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The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the specified qualities in the order, and with any warranty documents, user manuals, and other necessary information and documents, to perform the job in accordance with legal regulations, free from any defects, in a solid, standard manner, based on principles of accuracy and honesty, to maintain and improve service quality, and to act with care, foresight, and prudence during the performance.
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The SELLER may supply a different product of equal quality and price by informing the BUYER before the performance obligation arising from the contract expires and obtaining their clear consent.
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If the SELLER cannot fulfill the obligations of the contract because the delivery of the product or service ordered becomes impossible, they accept, declare, and undertake to notify the consumer in writing within 3 days from the date they learn of this and to refund the total amount to the BUYER within 14 days.
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The BUYER accepts, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product in question and that, for any reason, if the product price is not paid or is canceled in bank records, the SELLER's obligation to deliver the product will terminate.
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In the event that, following 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, the credit card belonging to the BUYER is used unlawfully by unauthorized persons and the product price is not paid to the SELLER by the related bank or financial institution, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
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If the SELLER is unable to deliver the product subject to the contract within its due time due to force majeure circumstances that arise outside of the parties' will, unforeseen, and that prevent and/or delay the parties from fulfilling their obligations, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. The BUYER has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent if available, and/or the postponement of the delivery time until the obstructive situation is resolved. In case the order is canceled by the BUYER, if the BUYER made a cash payment, the product price will be paid back to him in cash and at once within 14 days. If the BUYER made a payment with a credit card, the product price will be refunded to the respective bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process related to the reflection of the amount refunded to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks and that the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, and the BUYER cannot hold the SELLER responsible for possible delays.
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The SELLER has the right to communicate with the BUYER for communication, marketing, notification, and other purposes through the address, e-mail address, landline and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or later updated by him. The BUYER, by accepting this contract, acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards him.
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The BUYER will inspect the product/service subject to the contract before accepting delivery; they will not accept products/services that are dented, broken, have torn packaging, or are otherwise damaged or defective from the shipping company. It will be assumed that the product/service received is undamaged and intact. The responsibility for carefully preserving the product/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product/service should not be used. The invoice should be returned.
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If the person who is the holder of the credit card used during the order is not the same as the BUYER, or before the product is delivered to the BUYER, if a security breach related to the credit card used in the order is detected, the SELLER may request the BUYER to provide identity and contact information related to the credit card holder, the statement of the credit card for the previous month, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen during the time it takes for the BUYER to provide the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
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The BUYER declares and undertakes that the personal and other information they provide when registering on the SELLER's website is accurate and true. They also undertake to immediately compensate, in cash and in full, for all damages the SELLER will incur due to the inaccuracy of this information upon the SELLER's first notification.
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The BUYER accepts and undertakes to comply with legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that arise will bind the BUYER exclusively.
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The BUYER may not use the SELLER's website in a manner that disrupts public order, is contrary to general morality, harasses or annoys others, serves an illegal purpose, or infringes upon the material and moral rights of others. Additionally, the member cannot engage in activities that prevent or hinder others from using the services (e.g., spam, viruses, trojan horses, etc.).
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Through the SELLER's website, links may be provided to other websites and/or content that are not under the control of the SELLER and/or owned and/or operated by third parties. These links are placed for the convenience of directing the BUYER and do not support any website or the person who operates that website. They also do not carry any guarantee regarding the information contained in the linked website.
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Members who violate one or more of the clauses stated in this agreement will be personally liable, both criminally and legally, for such violations and will keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is brought to legal attention due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
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RIGHT OF WITHDRAWAL ​
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For distance contracts related to the sale of goods, the BUYER has the right, within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she has indicated, to withdraw from the contract without providing any reason and without assuming any legal or criminal liability, provided that they notify the SELLER. For distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has begun with the consumer's approval before the end of the withdrawal period. Costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
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To exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used in accordance with the provisions of "Products Where the Right of Withdrawal Cannot Be Used" stipulated in this agreement. In the event this right is exercised,
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a) The invoice of the product delivered to the third party or the BUYER. (If the invoice of the product to be returned is issued for a corporation, it must be sent along with the return invoice issued by the corporation. Order returns invoiced in the name of corporations will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and, if available, standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total price and documents that put the BUYER under obligation to the BUYER within a maximum of 10 days from the receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages proportionate to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product during the withdrawal period.
f) If the use of the right of withdrawal results in falling below the campaign limit amount set by the SELLER, the discount amount benefited within the scope of the campaign is canceled.
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PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
For products custom-made or clearly tailored to the personal needs of the BUYER, or which are not suitable for return, underwear bottoms, swimsuit bottoms, makeup materials, disposable items, goods at risk of rapid deterioration or those likely to exceed their expiration date, products that would not be suitable for health and hygiene reasons to be returned once their packaging has been opened by the BUYER after delivery, goods that after delivery are mixed with other products and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, as well as audio or visual recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging is opened by the BUYER, their return is not possible according to the Regulation. Additionally, it is also not possible by Regulation to use the right of withdrawal for services started with the consumer's approval before the end of the withdrawal period.
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Cosmetics and personal care products, underwear products, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging has not been opened, they have not been tried, they are not damaged, and they have not been used.
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DEFAULT SITUATION AND LEGAL CONSEQUENCES
If the BUYER defaults when making payment transactions with a credit card, they accept, declare, and undertake to pay interest within the framework of the credit card agreement between them and the card-issuing bank and to be liable to the bank. In this situation, the related bank can resort to legal means, request the expenses and attorney fees from the BUYER, and under any circumstances where the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
COMPETENT COURT
In disputes arising from this agreement, complaints and objections, within the monetary limits specified in the following law, will be submitted to the consumer arbitration committee or consumer court located in the residence of the consumer or where the consumer transaction was made. The information regarding monetary limits is as follows: Effective from 28/05/2014:
a) For disputes valued below 2,000.00 (two thousand) TL, district consumer arbitration committees will be referred to, in accordance with Article 68 of Law No. 6502 on Consumer Protection.
b) For disputes valued below 3,000.00 (three thousand) TL, provincial consumer arbitration committees will be referred to.
c) In provinces with metropolitan status, for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, provincial consumer arbitration committees are approached. This Agreement is made for commercial purposes.
EFFECTIVENESS
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The BUYER is deemed to have accepted all terms of this agreement once they make the payment for the order they placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this agreement on the site before the order is realized.
SELLER:
BUYER:
DATE: