Distance Sales Agreement
- PARTIES:
SELLER:
Name - Surname:
Address: /
Phone:
Email:
BUYER (CONSUMER):
Name - Surname:
Address:
Phone:
Email:
PURCHASED PRODUCT:
Product Name:
Quantity:
Delivery Address:
Recipient:
Invoice Address:
Shipping Fee: Shipping and delivery expenses related to transportation are borne by the Buyer. This amount is not pre-calculated in advance. Total Order Amount (including VAT): Payment Method: Credit Card
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SUBJECT OF THE AGREEMENT
2.1. This Agreement has been prepared in accordance with Articles 48 and 84 of the Consumer Protection Law dated 07.11.2013 and numbered 6502, and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, which entered into force on 27.02.2015.
2.2. The Seller and the Buyer, as the parties to this Agreement, acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Consumer Protection Law and the Distance Contracts Regulation, together with this Agreement.
3. GENERAL PROVISIONS
3.1. The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities related to the fulfillment of this Agreement belong to the parties of the Agreement. This Agreement shall enter into force on the date the Buyer electronically approves it.
3.2. The Buyer acknowledges and declares that they have read and understood all the information regarding the characteristics of the product specified in Article 1 and the conditions of sale, and that they have given the necessary approval for the purchase of this product in electronic form.
3.3. The Seller is responsible for delivering the subject product of the Agreement in sound, complete, in the form listed, and in accordance with the qualifications, along with any warranty documents and user manuals, if any. In this context, the Buyer accepts that Değer Teknoloji A.Ş. has no responsibility for the product and its delivery and that this situation will not change even if the product is sent by the Seller through contracted cargo companies.
3.4. If the product subject to the Agreement will be delivered to a person/organization other than the Buyer, the Seller cannot be held liable for the refusal of the recipient to accept the delivery.
3.5. Delivery will be made to the Buyer's delivery address specified in Article 1 via the cargo company. Even if the Buyer is not present at the address during the delivery with the cargo, the Seller will be deemed to have fulfilled its obligation fully and completely.
3.6. In the event that the product price is not paid for any reason or is canceled by the Buyer or third parties in the bank records, the Seller will be deemed to have been relieved of the obligation to deliver the product.
3.7. The costs, expenses, and other damages arising from the Buyer receiving the product late due to the circumstances stated in Article 3.6 and/or the product remaining at the cargo company and/or being returned to the Seller are borne by the Buyer.
3.8. Except for cases where the shipping fee is shown as free on the website/application, the shipping fee is added to the total order amount and paid by the Buyer. The shipping fee is not included in the product price.
3.9. If the Seller cannot deliver the product subject to the Agreement within the specified period due to force majeure events or extraordinary circumstances such as adverse weather conditions preventing transportation, the Seller is obliged to notify the Buyer of the situation. In this case, the Buyer may exercise one of their rights to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery period until the obstacle is removed. If the Buyer cancels the order, the amount paid will be refunded to them within 10 (ten) days.
3.10. In cases where the products subject to the Agreement are not available in stock, the Seller has the right not to deliver the products subject to the Agreement, provided that they inform the Buyer and return the total amount paid and all other documents that put the Buyer into debt within a maximum of 10 (ten) days.
3.11. If the Buyer's credit card, which belongs to the Buyer, is used unfairly or unlawfully by unauthorized persons for reasons not caused by the Buyer, and as a result, the bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to return the product to the Seller within 3 (three) days after being delivered to them. In this case, the shipping expenses will be borne by the Buyer.
3.12. Persons under the age of 18 cannot purchase Seller's products offered for sale, even if products for children are offered for sale.
3.13. The Buyer acknowledges that, due to the fact that installment sales are made only with credit cards belonging to banks, they need to obtain additional information about the relevant interest rates and default interest from their bank.
3.14. The Buyer acknowledges, declares, and undertakes that, in accordance with the provisions of the current legislation, the provisions regarding expenses, fees, interest, and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer, and that Değer Teknoloji A.Ş. and the Seller have no obligation in this regard.
3.15. In cases where the Buyer exercises their right of withdrawal or when the product subject to the order cannot be supplied for various reasons, or in cases where the Consumer Arbitration Board decisions rule for the refund of the price to the consumer, if the purchase is made with a credit card and in installments, the credit card refund procedure will be as follows:
3.15.1. The prices of the products are shown in Turkish Lira, including value-added tax, on the website. The Buyer can make a purchase with a credit card. Orders placed with a credit card cannot be processed at the time of purchase. After Değer Teknoloji A.Ş. informs the Seller that the required amount should be charged to the credit card, the order will be processed. Shipping cost, which is the shipment cost, is not included in the product price. The shipping fee is determined by Sellers depending on the product/products amount.
3.15.2. In the event of a refund of products purchased with a credit card, the Seller cannot make cash payments to the Buyer. Since the Seller is obliged to make the payment to the bank in a lump sum for the refund, the refund will be made to the credit card by the bank.
3.16. In order for return transactions to be made in accordance with the 385 numbered Tax Procedure Law general communiqué, the relevant return sections in the invoice must be completed and signed, and then the product must be returned to the Seller. The Buyer declares that they accept all these procedures.
3.17. The Buyer and the Seller acknowledge that the information provided by them on the website/application is their own information, and this Agreement will be valid with the information provided by them for any reason, even if it is incorrect or incomplete. The Buyer and the Seller also acknowledge, declare, and undertake that their personal data and other information transmitted to each other and/or Değer Teknoloji A.Ş. for the performance of this Agreement will be limited to the scope of the performance of the Agreement and will be transferred to postal service providers for the shipment of the product subject to the Agreement.
4. RIGHT OF WITHDRAWAL
4.1. The Buyer has the right to withdraw from the Agreement without assuming any legal or criminal liability and without stating any reason by rejecting the product within fourteen days from the date of delivery. The product amount will be refunded to the Buyer within 10 (ten) days from the date the notice of withdrawal of the consumer reaches the Seller. The expenses incurred due to the exercise of the right of withdrawal are borne by the Seller.
4.2. In the event that the product or service is rejected by the Buyer within fourteen days from the date the product is delivered or the Agreement is signed, the Seller undertakes to take back the product and to refund the product price to the Buyer or Değer Teknoloji A.Ş., starting from the date the notice of withdrawal reaches the Seller.
4.3. The parties agree that the right of withdrawal cannot be exercised in the following cases in accordance with Article 15/1 of the Distance Contracts Regulation:
4.3.1. Goods or services whose prices are determined according to fluctuations in financial markets and over which the Seller has no control, 4.3.2. Goods prepared according to the consumer's wishes, demands, or personal needs,
4.3.3. Perishable or with an expiry date approaching goods,
4.3.4. Goods that are not suitable for return for health and hygiene reasons and whose protective elements such as packaging, tape, seal, package, etc., have been opened after delivery,
4.3.5. Goods that mix with other products after delivery and cannot be separated by their nature,
4.3.6. Books, digital content, and computer consumables presented in the material environment, where the protective elements such as packaging, tape, seal, package, etc., have been opened after delivery,
4.3.7. Periodicals such as newspapers and magazines, except those provided within the scope of a subscription agreement,
4.3.8. Services rendered for the evaluation of leisure time such as accommodation, goods transportation, car rental, food and beverage supply, and entertainment or relaxation,
4.3.9. Services that are instantly executed in electronic environment or delivered to the consumer instantly as non-material goods,
4.3.10. Services whose performance started with the consumer's approval before the end of the right of withdrawal period.
4.4. The whole of products or works originally produced as unique items is among the goods for which the right of withdrawal mentioned in Article 4.1 cannot be used. Such goods are an exception to the right of withdrawal mentioned in Article 4.1. It is possible to use the right of withdrawal mentioned in Article 4.1 for works reproduced as limited editions and not originally produced as unique items.
4.5. The Buyer cannot exercise their right of withdrawal for online gift vouchers, codes, certificates, etc., for instantly performed services, and for non-material goods delivered to them instantly.
5.DEFAULT PROVISIONS In case the parties do not fulfill their obligations arising from this Agreement, the provisions regarding the debtor's default specified in Articles 117 and subsequent articles of the Turkish Code of Obligations will apply. In case of default, if one party does not fulfill their obligations without a valid reason, the other party will grant a period of seven days to the non-performing party for the fulfillment of the relevant obligation. Within this period, if the obligation is not fulfilled, the other party will have the right to demand the performance of the obligation, the delivery of the goods, and/or the termination of the Agreement and the return of the price.
6. FORCE MAJEURE
6.1. Circumstances that did not exist at the time of signing of this Agreement and developed beyond the control of the parties, preventing them from partially or completely fulfilling their debts and responsibilities under the Agreement, which are beyond their control, and arising with events such as force majeure (natural disasters, war, terrorism, riots, legislation, confiscation, or strike, lockout, significant breakdown in production and communication facilities, etc.) shall be considered as force majeure.
6.2. In cases of force majeure, the provisions of Article 3.9 of this Agreement shall apply.
7. JURISDICTION
7.1. In the implementation of this Agreement and disputes that may arise; Consumer Arbitration Committees in the place of residence of the Buyer or the Seller, up to the value announced annually by the Ministry of Customs and Trade, and Consumer Courts for disputes exceeding this value, shall be competent.
7.2. This Agreement has been read, accepted, and confirmed electronically by the parties. In matters not regulated in this Agreement, the provisions of the Consumer Protection Law No. 6502 and other relevant legislation shall apply. This Agreement was prepared on the date of (Buyer's electronic approval).