DISTANCE SALES AGREEMENT
PARTIES This Agreement has been signed between the following parties, within the framework of the provisions and conditions specified below:
- ‘BUYER’ ; (hereinafter referred to as the “BUYER” in this Agreement)
- NAME – SURNAME: %BILLING_NAME_SURNAME%
- ADDRESS: %BILLING_ADDRESS%
- PHONE: %BILLING_PHONE%
- E-MAIL: %MEMBER_EMAIL%
- ‘SELLER’ ; (hereinafter referred to as the “SELLER” in this Agreement)
- Name-Surname: Ahsen Kumcular (divvesa.com)
- Address: Güzelyurt Mahalesi Sürmene Caddesi Elit1 9/7 C Block Yunusemre/Manisa Tax Office/Tax ID: Mesir Tax Office – 59125175612
- Phone: 0533 191 81 90
- Contact/Complaints: [email protected]
By accepting this agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this contract, they will be obliged to pay the order amount, as well as any specified additional fees such as shipping costs and taxes, and that they have been informed about this obligation.
In the implementation and interpretation of this Agreement, the following terms shall have the meanings indicated next to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) SERVICE: The subject of any consumer transaction other than providing goods in return for a fee or benefit,
BUYER: Any natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The website owned by the SELLER,
ORDERER: Any natural or legal person who requests a good or service from the SELLER’s website,
PARTIES: Referring to the SELLER and the BUYER,
CONTRACT: This Agreement entered into between the SELLER and the BUYER,
GOOD: Refers to movable property subject to purchase and software, audio, visual, and similar intangible assets prepared for use in electronic media.
This Agreement 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, regarding the sale and delivery of the product with the characteristics and sales price specified below, which the BUYER orders electronically through the SELLER’s website. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated or modified. Prices announced for a specified period are valid until the end of that period.
Name/Company: Ahsen Kumcular
Address: Güzelyurt Mahallesi Sürmene Cad. Elit1 9/7 C Block Yunusemre/Manisa Phone: 0533 191 81 90
Email: [email protected]
Phone:%05xx xxx xx xx%
Phone:%05xx xxx xx xx%
PRODUCT(S) SUBJECT TO THE AGREEMENT INFORMATION
The essential features of the product(s)/item(s)/service, such as type, quantity, brand/model, color, and quantity, are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the essential features of the relevant product during the campaign period. The campaign is valid until the campaign end date.
7.2. The prices listed and announced on the website are the selling prices. The announced prices and promises are valid until updated or modified. Prices announced for a specified period are valid until the end of that period.
7.3. The selling price, including all taxes, of the product(s) or service subject to the contract, is shown below.
|Product Description||Quantity||Unit Price||Subtotal
Payment Method and Plan Delivery Address: %Address%
Billing Address: %BillingAddress%
Order Date: %dd/mm/yy%
Delivery Date: %dd/mm/yy%
Delivery Method: %deliverytype%
7.4. The shipping cost for product shipment will be paid by the BUYER.
- INVOICE DETAILS
- Name/Surname/Company: %name-surname%
- Address: %billingaddress%
- Phone: %phone%
- Email/Username: %e-mail%
- Invoice Delivery: The invoice will be delivered to the billing address along with the order during order delivery.
9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic qualities of the product subject to the contract, the selling price, payment method, and pre-information about the delivery on the SELLER’s website, and they have provided the necessary confirmation electronically before the distance sales contract is established. The BUYER also acknowledges, declares, and undertakes that they have accurately and completely acquired the address to be provided by the SELLER before the establishment of the distance sales contract, the basic features of the products ordered, the prices of the products including taxes, payment, and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the person/entity designated by the BUYER at the address specified by the BUYER within the period indicated in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER shall have the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty certificates, user manuals, if any, and with all the information and documents required by the job, in accordance with the legal requirements, free from any defects other than legal obligations, and in compliance with the standards, to protect and improve the quality of the service, to show the necessary attention and care during the performance of the job, to act with caution and foresight, and declares and undertakes to do so.
9.4. Before the expiry of the performance obligation arising from the contract, the SELLER may supply a different product of equal quality and price, provided that it informs the BUYER and obtains clear consent.
9.5. If the SELLER is unable to fulfill the contractual obligations due to circumstances beyond its control, which were not foreseeable at the time of the contract and which prevent or delay the performance of the obligations, such as force majeure events, it shall notify the BUYER in writing within 3 days from the date it learns of the situation and shall refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product, and in case of non-payment of the product price for any reason or cancellation of the payment by the bank, the SELLER’s obligation to deliver the product subject to the contract will cease.
9.7. After the delivery of the product subject to the contract to the BUYER or the person/entity at the address designated by the BUYER, if the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER shall return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.
9.8. In the event that the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary situations such as adverse weather conditions that prevent transportation, interruption of transportation, the BUYER will be informed, and the BUYER may request the cancellation of the order, replacement of the product subject to the contract with an equivalent, or postponement of the delivery period until the obstacle is removed. In the case of the cancellation of the order, if the payment is made in cash, the product price will be refunded to the BUYER in cash and in one lump sum within 14 days. If the payment is made by credit card, the product price will be refunded to the bank within 14 days after the cancellation of the order, and it may take 2 to 3 weeks for the refund to be reflected in the BUYER’s accounts, and the BUYER accepts and declares that any possible delays in the reflection of the refunded amount in the BUYER’s accounts are entirely related to the bank’s procedures, and the BUYER cannot hold the SELLER responsible for such delays.
9.9. The SELLER has the right to communicate, market, notify, and reach the BUYER through the contact information provided by the BUYER on the registration form on the SELLER’s website, or updated by the BUYER later, including but not limited to the address, e-mail address, fixed and mobile phone lines, and other communication information, by letter, e-mail, SMS, phone call, and other means, for communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities regarding the BUYER.
9.10. The BUYER will inspect the product/service subject to the contract before receiving it; they will not receive damaged or defective products/services, such as those with cracks, breaks, torn packaging, etc., from the cargo company. The received product/service will be deemed free from damage and sound. If the product/service is to be returned, it must not be used. The invoice must also be returned.
9.11. In case the holder of the credit card used during the order process is not the same person as the BUYER, or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the cardholder used in the order, the last statement of the credit card used in the order, or a letter stating that the credit card belongs to the BUYER from the bank of the cardholder. Until the requested information/documents are obtained by the SELLER, the order will be suspended, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other related information provided when becoming a member of the SELLER’s website is accurate and that they will immediately compensate for any damages that the SELLER may incur due to the inaccuracy of this information, upon the first request of the SELLER.
9.13. The BUYER acknowledges and undertakes to comply with the legal provisions while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities arising from the violation will belong to the BUYER in full and exclusively.
9.14. The BUYER agrees not to use the SELLER’s website in any way that disrupts public order, is contrary to general morality, bothers and harasses others, for illegal purposes, violates the material and moral rights of others, or in any way violates the law. In addition, the BUYER may not engage in activities such as spam, viruses, trojans, etc., that prevent or make it difficult for others to use the services, through the SELLER’s website.
9.15. The SELLER may provide links to other websites and/or content owned or operated by third parties, which are not under the control of the SELLER, through the SELLER’s website. These links are provided for the convenience of the BUYER to facilitate navigation and do not imply any endorsement of the website or the content it contains. The SELLER does not guarantee the accuracy, legality, relevance, or completeness of the information and content on these websites. The BUYER is solely responsible for evaluating the accuracy, legality, relevance, and completeness of any information or content obtained from other websites.
9.16. The member who violates one or more of the provisions listed in this contract personally assumes legal and criminal responsibility for this violation, and the SELLER shall be exempt from the legal and criminal consequences of these violations. In addition, in case of bringing the event to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
RIGHT OF WITHDRAWAL
10.1. If the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days, starting from the date of delivery of the product to them or to the person/entity at the address they specify, without assuming any legal or criminal liability, and without providing any reason, provided that they inform the SELLER. In distance contracts related to the provision of services, this period starts from the date of signing the contract. In service contracts where the service has started to be performed with the approval of the consumer before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. In order to exercise the right of withdrawal, the Consumer must submit a written notice to the SELLER within the 14 (fourteen) day period specified for the exercise of this right, provided that the product is not used within the framework of the provisions of this Agreement, by registered letter, fax, or e-mail to the SELLER. In case of exercising the right of withdrawal,
- a) The invoice of the product delivered to the 3rd person or the BUYER, (In the event that the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation during the return. Return transactions of order returns issued as corporate will not be completed without the RETURN INVOICE.)
- b) Return form,
- c) The product to be returned must be delivered complete and undamaged, with its box, packaging, and if any, standard accessories.
- d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification of the BUYER, and to receive the goods within 20 days.
- e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
- f) In the event that the campaign limit amount set by the SELLER is decreased due to the exercise of the right of withdrawal, the amount of the discount benefited from within the scope of the campaign is canceled.
PRODUCTS NOT ELIGIBLE FOR THE RIGHT OF WITHDRAWAL
Products that are prepared at the request or explicitly tailored to the personal needs of the CONSUMER and cannot be returned, underwear bottoms, swimsuits, makeup materials, single-use products, goods that are prone to rapid deterioration or have a possibility of expiration after delivery to the BUYER, health and hygiene-inappropriate products if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines except those provided within the scope of subscription agreement, electronically delivered instant services or non-material goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned in accordance with the Regulation if their packaging is opened by the BUYER. In addition, the right of withdrawal for services whose performance has started with the approval of the consumer before the expiry of the withdrawal period is not possible in accordance with the Regulation. Cosmetic and personal care products, underwear products, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, unused, undamaged, and in their original packaging in order to be returned.
DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment transactions made with a credit card, the BUYER accepts, declares, and undertakes that he/she will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply to legal remedies; it may claim the expenses and the attorney’s fee from the BUYER, and in any case, if the BUYER goes into default due to the 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.
In disputes arising from this contract, complaints and objections of the consumer, within the monetary limits specified in the following law, will be made to the consumer problems arbitration committee or consumer court located in the settlement of the consumer or where the consumer transaction is carried out. Monetary limits are as follows: Effective as of 28/05/2014: a) In disputes with a value of less than 2,000.00 (two thousand) TL in accordance with Article 68 of the Consumer Protection Law No. 6502, applications shall be made to the district consumer arbitration committees, b) In disputes with a value of less than 3,000.00 (three thousand) TL, applications shall be made to the provincial consumer arbitration committees, c) In metropolitan status cities, in disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications shall be made to the provincial consumer arbitration committees. This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to ensure that this Agreement is read and accepted by the BUYER on the site before the order is placed.
SELLER: Ahsen Kumcular (divvesa.com)