ARTICLE 1) PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
Commercial Title: Sotag - Yalçın Yılmazlar
address : EVLIYA CELEBI MAH. SADI KONURALP CAD. IKSV FOUNDATION NO: 5 INTERIOR DOOR NO: 2 BEYOGLU/ ISTANBUL
Telephone : +90 (850) 885 01 34
E-mail : email@example.com
Name and surname :
'BUYER'; (hereinafter referred to as "BUYER" in the contract)
'SALES PERSON'; (hereinafter referred to as "SELLER" in the contract)
ARTICLE 2) SUBJECT OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law 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 this Agreement.
The subject of this contract is that the BUYER electronically places an order for the purchase of the SELLER's products through ……………………… or other domain names connected to the service provided (“Website”), which has the qualifications specified in this contract. 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 sale and delivery of goods/services.
ARTICLE 3) GENERAL PROVISIONS
3.1. The BUYER shall provide preliminary information on the website regarding the basic characteristics of the product subject to the contract, the sales price including all taxes and the method of payment, and the delivery and its costs shall be borne by the BUYER, unless otherwise stated, the delivery time and the full trade name, full address and contact information of the SELLER. declares that he has read and has information, that he has obtained accurate and complete information about the conditions for the use of the right of withdrawal and that he has given the necessary confirmation in electronic environment.
The BUYER can convey his requests and complaints using the communication channels mentioned above. Complaints and requests will be answered by the SELLER customer services as soon as possible.
BUYER; By confirming this contract electronically, before the conclusion of the distance contracts, the title, address, contact information, MERSIS number that must be given to the BUYER by the SELLER, the basic features of the products ordered, the sales price of the products including all taxes, the payment and delivery information, the right of withdrawal and confirms that he/she has obtained correct and complete information about the usage procedure and conditions of the right of withdrawal.
3.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the preliminary information on the Website and within the period specified in this contract, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed 30 (thirty) days from the date of order. .
The delivery costs of the product subject to the contract belong to the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by himself, the delivery costs will belong to the SELLER. Delivery of the goods; It is made in the promised time after the SELLER's stock is available and the payment is made. If, for any reason, the price of the Goods/Services 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.
3.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
3.4. The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
3.5. The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
3.6. The BUYER shall inspect the product subject to the contract before receiving it, if it is damaged, broken, the packaging is torn, etc. In case of receiving the damaged and defective product from the cargo company, the responsibility belongs entirely to him. The product received by the BUYER from the cargo company officer will be deemed to be undamaged and intact. The responsibility and damages of the product after delivery belong to the Buyer.
3.7. Product price, product description, product quality, etc., due to technical or material errors during the sale of the product on the Internet Site. In case of errors in the specifications, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the provisions of the relevant legislation.
3.8. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER in writing or with a permanent data store, within three days from the date of learning, and notify all collected payments, including delivery costs, if any. return it within ten days at the latest.
3.9. In the event that the fulfillment of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price, with the approval of the BUYER, in order to fulfill the contractual performance obligation.
3.11. After the delivery of the product, due to the unfair or illegal use of the BUYER's credit card, debit card and/or other payment systems offered on the Website by unauthorized persons, which is not due to the BUYER's fault, the relevant bank or financial institution pays the product price to the SELLER. In case of failure to pay, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.
3.12. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In case of termination of the contract, the SELLER is obliged to return all the payments collected, including delivery costs, if any, to the BUYER in cash and in full within 10 (Ten) days following the receipt of the termination notice. If the consumer uses the installment option to the credit card during the purchase, the refund will be made to the bank at once, and it is not a violation of this article that the Bank pays the relevant amount to the Consumer in installments and/or the period of reflection of the return price on the credit card exceeds 10 days. The BUYER declares and accepts that he understands this matter and has no objections.
3.13. In cases where the performance of the goods or services subject to the order becomes impossible in accordance with the 4th paragraph of Article 16 of the Regulation on Distance Contracts No. 29188, which entered into force on 27.02.2015, within three days from the date of learning of this situation by the seller or supplier, the consumer is notified in writing or with a permanent data storage. and to return all collected payments, including delivery costs, if any, within ten days at the latest from the date of notification.
3.14. The fact that the product subject to the order cannot be supplied for various reasons, etc. In such cases, if the shopping is made with a credit card and in installments, the SELLER pays the price of the product to the Bank at once. However, the Bank may pay the relevant amount to the Consumer in installments, or the reflection period of the price on the credit card may exceed 10 days. In wire transfer/EFT or payment at the door options, the refund will be made in the form of wire transfer 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 member) by requesting bank account information from the Consumer.
ARTICLE 4) RIGHT OF WITHDRAWAL
BUYER, 6502 Consumer Protection Law, Distance Contracts Regulation etc. According to the legislation, they have the right to replace the purchased product/s with a different product from the same product group and/or withdraw from the contract, provided that they have not used the product within 14 days from the date of receipt.
The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
Notification of the right of withdrawal, notification of change and/or return transactions and other notifications regarding the contract can be sent through the seller's contact information, which belongs to the seller and is specified above.
In order to exercise the right of withdrawal, the SELLER must be notified by telephone or e-mail within 14 (fourteen) days and the product is not within the scope of the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014, and It must be of a quality that can be offered for resale by the SELLER.
The product/s sold within the scope of this contract are within the scope of Article 15 of the Regulation on Distance Contracts, titled “Exceptions to the Right of Withdrawal”, and the BUYER declares and accepts that he knows and understands this issue.
In case of exercising the right of withdrawal;
In order to start the change and / or return process, the BUYER, the communication channels specified in this contract, or firstname.lastname@example.org must contact the SELLER via e-mail address and obtain a return tracking or return exchange number for the return process.
Return-exchange sent with the BUYER's return tracking number to complete the return process. By filling out the form, the product will be shipped to the SELLER's address specified in this contract in a guaranteed way. way have to send it. With the product; The product's box, packaging, product warranty certificate, invoice, if any, product standard accessories and other products gifted with the product must be delivered completely and undamaged. Shipping costs incurred at this stage belong to the SELLER. Returns are not made for products sent without invoice and warranty certificate; In such a case, the product will not be accepted and will be sent back.
In case the return and exchange conditions are met, the transactions to be made are only carried out by the internet store for the products purchased from the online store (website).
Within 10 (ten) days following the exercise of the right of withdrawal and the delivery of the product to the seller, the product price is returned to the BUYER as paid. While this period does not exceed 10 days for payments made by wire transfer / EFT, if the consumer uses the installment option to the credit card during the purchase, the refund will be made to the bank at once. Exceeding the daily period does not constitute a violation of this article. The BUYER declares and accepts that he understands this matter and has no objections.
ARTICLE 5) CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases:
Contracts for goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
Contracts for goods prepared in line with the consumer's wishes or personal needs.
Contracts for the delivery of perishable or expired goods.
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 unsuitable in terms of health and hygiene.
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period.
Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 6) RESOLUTION OF DISPUTES
If the BUYER has a complaint about his order and/or the product subject to his order and/or his order, he can convey his complaints to the SELLER via the above-mentioned contact information. Complaint applications submitted will be recorded, evaluated by the authorized units and tried to be resolved, and a response will be provided as soon as possible.
In addition, the BUYER may apply to the arbitral tribunal or the consumer court for consumer problems in the place where he/she purchases the goods or services within the monetary limits determined by the TR Ministry of Customs and Trade in December every year.
ARTICLE 7) STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.
ARTICLE 8) NOTICES and EVIDENCE AGREEMENT
Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the Law. The BUYER, in case of disputes that may arise from this Agreement, declares that the Sotag - Yalçın Yılmazlar official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of a contract of evidence.
ARTICLE 9) EFFECTIVENESS
Consisting of 9 (nine) articles, this Agreement was concluded by being read by the Parties and approved by the BUYER electronically and entered into force immediately. .