DISTANCE SALES AGREEMENT
1.PARTIES
A."BUYER" (hereinafter referred to as the "BUYER")
B."SELLER" (hereinafter referred to as the "SELLER")
- NAME/SURNAME: Alp Demir Sole Proprietorship
- ADDRESS: Kuleli Mahallesi, Vezirtopçu Sokak, Kuleli Apartment No:3, Flat No:10, Üsküdar/Istanbul
By accepting this agreement, the BUYER acknowledges and declares that they are obligated to pay the price of the order and any additional costs such as shipping and taxes, as specified, upon confirmation of the order.
2.DEFINITIONS
The following terms shall have the meanings set forth below when applied in this agreement:
- MINISTER: Minister of Customs and Trade
- MINISTRY: Ministry of Customs and Trade
- LAW: Consumer Protection Law No. 6502
- REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
- SERVICE: Any consumer transaction other than the provision of goods, carried out in return for a fee or benefit.
- SELLER: The company offering goods to consumers within the scope of its commercial or professional activities or acting on behalf of or in the name of the goods provider.
- BUYER: A real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes.
- SITE: The SELLER's website.
- ORDERING PARTY: A real or legal person requesting a good or service through the SELLER’s website.
- PARTIES: The SELLER and the BUYER.
- CONTRACT: This agreement executed between the SELLER and the BUYER.
- GOODS: Movable property subject to shopping, including intangible goods prepared for use in electronic environments such as software, sound, images, etc.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product specified below, which the BUYER ordered electronically via the SELLER’s website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The listed and advertised prices on the site represent the sale prices. Declared prices and commitments are valid until updated or amended. Prices announced for a specific period are valid until the end of that period.
4.SELLER INFORMATION
- Company Name:
- Address:
- Phone:
- Fax:
- Email:
5. BUYER INFORMATION
- Recipient Name:
- Delivery Address:
- Phone:
- Fax:
- Email/Username:
6.ORDERING PARTY INFORMATION
- Name/Surname/Company Name:
- Address:
- Phone:
- Fax:
- Email/Username:
7.DETAILS OF THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic features (type, quantity, brand/model, color, number) of the goods/products/services are available on the SELLER’s website. If a campaign is organized by the SELLER, the essential features of the relevant product can be reviewed during the campaign period. Campaigns are valid until their specified dates.
7.2. The prices listed and advertised on the site are sale prices. These prices are valid until they are updated or amended. Prices announced for a limited time are valid until the end of the specified period.
7.3. The total price of the goods or services, including all applicable taxes, is shown below:
|
Product Description |
Quantity |
Unit Price |
Subtotal (Including VAT) |
- Shipping Fee:
- Total:
- Payment Method and Plan:
- Delivery Address:
- Recipient:
- Billing Address:
- Order Date:
- Delivery Date:
- Delivery Method:
7.4. The shipping cost of the product, which is the delivery cost, shall be borne by the BUYER.
8.INVOICE INFORMATION
- Name/Surname/Company Name:
- Address:
- Phone:
- Fax:
- Email/Username:
- Invoice Delivery: The invoice will be sent via email after the order is completed.
9.GENERAL TERMS
9.1. The BUYER declares that they have read and understood the preliminary information regarding the basic features, sales price, payment method, and delivery details of the product on the SELLER’s website and that they have given the necessary confirmation electronically. By confirming the preliminary information electronically, the BUYER also acknowledges receiving the SELLER's contact details, the main characteristics of the ordered products, and detailed payment and delivery information prior to the execution of the distance sales agreement.
9.2. Each product subject to the agreement shall be delivered to the BUYER or a third party/organization at the address provided by the BUYER, within the timeframe specified on the website, depending on the BUYER’s location, provided that the statutory maximum period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER is responsible for delivering the product in accordance with the agreement, free from defects, and with all required documents, including warranty certificates and user manuals if applicable.
9.4. The SELLER reserves the right to offer a product of equal quality and price, with the explicit approval of the BUYER, if it becomes impossible to deliver the ordered product.
9.5. The SELLER shall refund the full payment to the BUYER within 14 days in cases where it becomes impossible to fulfill the contractual obligations related to the ordered product or service.
9.6.The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and in the event the payment for the product is not made for any reason and/or is canceled in bank records, the SELLER’s obligation to deliver the product will cease.
9.7.The BUYER agrees, declares, and undertakes that if the payment for the product subject to the Agreement is not made to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER’s credit card by third parties after the product has been delivered to the BUYER or the person/organization designated by the BUYER, the BUYER will return the product to the SELLER within 3 days, with the shipping costs to be covered by the SELLER.
9.8.The SELLER agrees, declares, and undertakes that if unforeseen circumstances beyond the parties' control, such as force majeure, prevent or delay the fulfillment of obligations and the delivery of the product within the stipulated time, the SELLER will inform the BUYER of the situation. In such cases, the BUYER is entitled to request the cancellation of the order, the replacement of the product with an equivalent if available, or the postponement of delivery until the obstructing circumstances are resolved. If the BUYER cancels the order, the amount paid by the BUYER in cash will be refunded within 14 days. If the payment was made via credit card, the amount will be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares, and undertakes that the time it takes for the refunded amount to be credited to the BUYER's account after the SELLER refunds it to the bank may take an average of 2 to 3 weeks, depending entirely on the bank's process, and the BUYER cannot hold the SELLER responsible for any delays caused by the bank.
9.9.The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other communication methods using the address, email address, fixed and mobile phone numbers, and other contact information provided by the BUYER in the registration form or updated later. By accepting this Agreement, the BUYER agrees and declares that the SELLER may carry out communication activities directed at the BUYER as described above.
9.10.The BUYER will inspect the product/service subject to the Agreement before accepting delivery and will not accept damaged or defective goods/services such as those that are dented, broken, or have torn packaging from the courier company. Accepted goods/services will be considered to have been delivered in good condition and undamaged. After delivery, the BUYER is responsible for the careful protection of the product/service. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.
9.11.If the cardholder of the credit card used for the order is not the BUYER or if a security issue related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit cardholder, a statement for the previous month's credit card bill of the card used, or a letter from the bank confirming that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be frozen. If the requested information/documents are not provided within 24 hours, the SELLER reserves the right to cancel the order.
9.12.The BUYER agrees and declares that the personal and other information provided during membership registration on the SELLER’s website is accurate, and they will indemnify all damages incurred by the SELLER due to the inaccuracy of this information immediately, in cash, and without requiring notice.
9.13.The BUYER agrees and undertakes to comply with legal regulations when using the SELLER’s website and not to violate them. Otherwise, the BUYER will bear all legal and criminal liabilities arising from their actions.
9.14.The BUYER may not use the SELLER’s website in a manner that disrupts public order, violates general morality, harasses or disturbs others, violates laws, or infringes on the material and moral rights of others. In addition, the BUYER may not engage in activities that prevent or complicate others’ use of the services (spam, viruses, Trojan horses, etc.).
9.15.Links may be provided on the SELLER's website to other websites and/or content not under the SELLER’s control and operated by third parties. These links are provided to facilitate navigation and do not imply support for any website or its operator or guarantee the content of the linked website.
9.16.Members who violate one or more of the provisions listed in this Agreement are personally responsible for all legal and criminal consequences arising from such violations and will hold the SELLER harmless from any legal and criminal consequences. Furthermore, if the violation causes the matter to be referred to the legal authorities, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement.
10.RIGHT OF WITHDRAWAL
10.1.The BUYER may exercise their right of withdrawal from the Agreement within 14 (fourteen) days without assuming any legal or criminal liability or providing any justification, provided that they notify the SELLER. For contracts involving the sale of goods, the withdrawal period starts from the delivery date of the product to the BUYER or the designated person/organization. For service contracts, the withdrawal period begins on the contract date. The right of withdrawal cannot be exercised for services commenced with the consumer's consent before the withdrawal period expires. Expenses arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2.To exercise the right of withdrawal, the BUYER must notify the SELLER in writing within the 14-day period via registered mail, fax, or email and ensure the product is unused, as stipulated in the “Products for Which the Right of Withdrawal Cannot Be Exercised” provisions. When exercising this right:
- a) The invoice of the product delivered to the BUYER or a third party must be returned (for corporate purchases, a return invoice must also be issued by the institution).
- b) A return form must be completed.
- c) Products must be returned with their boxes, packaging, standard accessories, and without damage.
- d) The SELLER is obligated to refund the total amount and documents that place the BUYER under obligation within 10 days after receiving the withdrawal notice and to collect the returned goods within 20 days.
- e) If the product's value decreases due to the BUYER’s fault or if the return becomes impossible, the BUYER is liable to compensate the SELLER's damages to the extent of their fault. However, the BUYER is not responsible for changes or deteriorations in the product caused by its proper use during the withdrawal period.
- f) If exercising the right of withdrawal causes the total amount of a campaign discount to fall below the threshold, the discount amount will be canceled.
11.PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER's requests or explicitly personalized, those unsuitable for return, undergarments, swimwear bottoms, makeup products, disposable items, goods prone to rapid deterioration, products with expired use-by dates, or those unfit for health and hygiene reasons after their packaging has been opened are not eligible for return. Also excluded are products mixed with other items after delivery, making them inseparable by nature, and services commenced with the consumer’s consent before the withdrawal period expires. For products like cosmetics, personal care items, software, and digital content, they must be unopened, unused, and undamaged to qualify for return.
12.DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made via credit card, they agree, declare, and undertake to pay interest and be liable to the bank under the credit card agreement between the cardholder and the bank. The bank may initiate legal proceedings and demand legal costs and attorney fees from the BUYER. In the event of default, the BUYER agrees to compensate the SELLER for damages and losses arising from the delayed performance of the debt.
13.COMPETENT COURT
In disputes arising from this Agreement, complaints and objections within the monetary limits specified in the law can be submitted to the consumer arbitration committee or consumer court where the consumer resides or where the consumer transaction took place. Monetary limits are as follows:
- Disputes below 2,000.00 TL are submitted to district consumer arbitration committees.
- Disputes below 3,000.00 TL in provincial consumer arbitration committees.
- Disputes between 2,000.00 TL and 3,000.00 TL in metropolitan areas are submitted to provincial consumer arbitration committees.
This Agreement is executed for commercial purposes.
14.ENFORCEMENT
The BUYER is deemed to have accepted all terms of this Agreement upon making payment for the order placed on the website. The SELLER is obliged to ensure the necessary software adjustments so that this Agreement is displayed and accepted electronically by the BUYER before the order is placed.
SELLER:
BUYER:
DATE: