Distance Selling Contract
DISTANCE SALES AGREEMENT (“Contract”)
1. PARTIES
This Distance Sales Agreement (“Agreement”); with the address specified in clause 5 ("Recipient") ....................................... located at ......................................................... .. –THE COMPANY NAME WILL BE WRITTEN- ("Seller") in electronic environment within the framework of the terms and conditions set forth below.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
Minister
:
Minister of Customs and Trade,
Ministry
:
Ministry of Customs and Trade,
Law
:
Consumer Protection Law,
regulation
:
Regulation on Distance Contracts,
Service
:
Subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
Sales person
:
A natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities,
Buyer
:
A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
Web site
:
The website of the SELLER named www.strongips.com,
Orderer
:
A natural or legal person who requests a good or service through the website of the SELLER named www.strongrips.com,
Sides
:
SELLER and BUYER,
Agreement
:
This Agreement concluded between the SELLER and the BUYER,
Product or Products
:
It refers to the goods subject to shopping and all kinds of software, sound, image and similar products prepared for use in the electronic environment.
3. SUBJECT
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. MATTERS WHICH WAS INFORMED BEFORE THE BUYER
4.1. The BUYER shall ensure that he/she has examined, read and understood all the general-specific explanations on the relevant pages-sections of the Website before the establishment of this Agreement with the acceptance of the BUYER on the Website and before undertaking both the order and the payment obligation, and that he/she is provided with the necessary information regarding the following matters. admits it has been done.
a) Title and contact information of the SELLER and current introductory information,
b) Purpose-appropriate tools-methods regarding the stages of the sales process during the purchase of the Products from the Website and the correction of incorrectly entered information,
NS) Electronic contact information to which the SELLER is a member of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) and the ITO's professional code of conduct (Telephone: 444 0 486, www.ito.org.tr)
D) Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
to) Shipping restrictions stipulated by the SELLER for the products,
f) Payment methods-means accepted by the SELLER for the products subject to the contract, the basic features-qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),
g) Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the responsibilities of the parties in these matters,
NS) Products and other goods and services that the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used in due time, the BUYER will lose its right of withdrawal,
k) In the Products with the right of withdrawal, if the Product is broken or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted and in any case, the SELLER will be liable to the SELLER, accepted by the SELLER. cases, it may deduct an amount that it deems appropriate according to the defect or change in question from the repayment to be made to the BUYER,
l) In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return),
m) Details of the terms of use (special conditions) regarding various opportunities that may be applied periodically on the BUYER's Website,
n) According to its nature, all other sales conditions included in this Agreement and this Agreement, after being approved by the BUYER on the WEBSITE and sent to the BUYER by e-mail, can be stored for the period requested by the BUYER and accessed from there, and the SELLER is in the presence of the SELLER for a period of three years. can hide.
he) In the event of a dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
5. SELLER INFORMATION
Title:
Address:
Telephone:
Fax:
E-mail address:
6. BUYER INFORMATION
Delivery Person:
Delivery address:
Telephone:
Fax:
Email/Username:
7. ORDERING PERSON INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:
Invoice Delivery:
The invoice will be delivered to the delivery address along with the order at the time of order delivery.
9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER. You can review the basic features of the product during the campaign.
9.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
--INFORMATIONS--
9.4. The shipping fee, which is the shipping cost of the product, will be paid by the SELLER, and any other additional fees such as taxes and duties will be paid by the BUYER.
ARTICLE 10 - DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the Buyer in electronic environment and is executed by the delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person(s) specified.
ARTICLE 11 - DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the Seller, unless otherwise stated. Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the ordering of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.
The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.
ARTICLE 12 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the Goods/Services, which are the subject of the Contract, on the website and gives the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above and/or through the channels provided by the Web site. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Without the Buyer's inspection before receiving the Contracted Goods/Services; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the Goods/Services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the Goods/Services, the Buyer must have been delivered to him/her. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery costs belong to the Buyer.
ARTICLE 13 - STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 14 – RIGHT OF WITHDRAWAL
The Buyer can return the purchased Goods/Services within 14 (fourteen) days from the delivery date, without taking any legal or penal liability and without giving any reason, using the right of withdrawal. Notice of the right of withdrawal and other notifications regarding the Contract. will be sent with In order to exercise the right of withdrawal, the Seller must be notified in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer returns the Goods to the Seller within 10 (ten) days from the use of the right of withdrawal. b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer.
The return shipping cost of the Goods to be returned by the Buyer belongs to the Seller.
ARTICLE 15 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised in the following cases: a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller (products in the category of jewellery, gold and silver) b) Prepared in line with the wishes of the consumer or clearly his personal needs, and suitable for return in nature. In contracts for the delivery of goods that are not in danger of spoiling quickly or whose expiration date is likely to expire, c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer, books, sounds or contracts for image recordings, software programs and computer consumables f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription contract g) Accommodation, transportation of goods, car rental, food and beverage supply and Contracts for the use of leisure time for entertainment or recreation h) Contracts for the performance of services related to betting and lottery ı) Contracts for services started with the approval of the consumer before the expiry of the right of withdrawal i) Instant performance in electronic environment In the contracts regarding the services rendered and intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (with regular deliveries of the seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence) In the case of goods/services (services in areas such as travel, accommodation, restaurant, entertainment industry), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller.
ARTICLE 16 - RESOLUTION OF DISPUTES
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. 68 of the Law on the Protection of Consumers No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 17 - STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement the bank has made with him. 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, if the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
ARTICLE 18 – 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 legislation. The Buyer agrees that SPLENDITTA's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, final and exclusive evidence in case of disputes that may arise from this Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that
ARTICLE 19 - ENFORCEMENT
This Agreement, which consists of 19 (nineteen) articles, was read by the Parties and concluded and entered into force by being approved by the Buyer electronically on ..................
SALES PERSON:
BUYER: