Distance Selling Agreement
DISTANCE SALE AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
NAME-SURNAME:
ADDRESS:
B. ‘SELLER’; (hereinafter referred to as “SELLER” in the contract)
NAME-SURNAME: Gülşah Özkan
ADDRESS: 19 Mayıs Mah. Gürsoylu Sk. Koru Apt. No: 44 İç Kapı No: 27 34000 Kadıköy/İstanbul
By accepting this agreement, the BUYER hereby acknowledges and agrees that, upon confirming the order subject to this agreement, they shall be obligated to pay the order amount and any additional fees specified, such as shipping costs and taxes, and that they have been informed of this obligation.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms listed below shall have the meanings set forth in the accompanying definitions.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (RG: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the provision of goods in exchange for a fee or benefit, or the undertaking to provide such goods.
SELLER: A company that supplies goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of such a supplier,
BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: A natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement entered into between the SELLER and the BUYER.
GOODS: Refers to the movable property subject to the transaction and intangible goods such as software, sound, images, and similar items prepared for use in an electronic environment.
3. SUBJECT MATTER
This Agreement governs the rights and obligations of the parties pursuant to the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, whose characteristics and sales price are indicated, which the BUYER has ordered electronically via the SELLER's website.
The prices listed and advertised on the site are the selling prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Gülşah Özkan
Address: 19 Mayıs Mah. Gürsoylu Sk. Koru Apt. No: 44 İç Kapı No: 27 34000 Kadıköy/İstanbul
Phone: +90 535 857 7824
Fax:
Email: goandcoconcept@gmail.com
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/username:
6. ORDERER INFORMATION
First Name/Last Name/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the Goods/Product(s)/Service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
7.2. Prices
The prices listed and advertised on the website are the selling prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
7.3. Taxes and Payments
The selling price of the goods or services covered by the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal (VAT Included)
Product 1 1 100.00 TL 100.00 TL
Shipping Cost: 20.00 TL
Total: 120.00 TL
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. Shipping Fee
The shipping fee, which is the product delivery cost, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. Information and Acceptance
The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the essential characteristics of the product subject to the contract, the sales price, payment method, and delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained the address that the SELLER is required to provide to the BUYER prior to the establishment of the distance sales contract, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information, all of which are accurate and complete.
9.2. Delivery Period
Each product covered by the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that this period does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the Agreement complete, in accordance with the specifications stated in the order, and, if applicable, with warranty certificates, user manuals, and any other information and documents required for the job, free from any defects, in accordance with legal regulations, in a manner that is sound and compliant with standards, based on the principles of accuracy and integrity, and to maintain and improve service quality. exercise due care and diligence during the performance of the work, and act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the performance obligation arising from the contract expires.
9.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the product or service subject to the order, it hereby acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER hereby acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in the event the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement shall cease.
9.7. The BUYER accepts, declares, and undertakes that if, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER agrees, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the contract within the specified time due to force majeure circumstances beyond the control of the parties, unforeseeable events, and/or circumstances that prevent and/or delay the parties from fulfilling their obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. The BUYER shall also have the right to request the SELLER to cancel the order, replace the product subject to the contract with an equivalent product, if available, and/or postpone the delivery period until the impediment ceases to exist. If the BUYER cancels the order, the product amount shall be paid to the BUYER in cash and in full within 14 days for payments made in cash by the BUYER. For payments made by the BUYER with a credit card, the product amount shall be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average time for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's processing time, and therefore the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, email, SMS, telephone calls, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form on the website or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at them.
9.10. The BUYER shall inspect the goods/services subject to the contract before accepting delivery; the BUYER shall not accept delivery of damaged or defective goods/services, such as those that are dented, broken, or have torn packaging, from the shipping company. The goods/services received shall be deemed to be undamaged and in good condition. After delivery, the BUYER shall be responsible for carefully protecting the goods/services. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security breach 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 the identity and contact information of the credit card holder, the previous month's statement for the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate and truthful, and that the BUYER shall immediately, in cash, and in full compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER hereby agrees and undertakes to comply with the provisions of the applicable laws and regulations when using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne solely and exclusively by the
BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasses others, for illegal purposes, or in a manner that infringes on the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. Links to other websites and/or other content owned and/or operated by third parties over which the SELLER has no control may be provided on the SELLER's website. These links are provided for the convenience of the BUYER and do not constitute an endorsement of any website or the person operating that site, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this agreement shall be personally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violations. Furthermore, in the event that the matter is referred to the legal authorities due to such a breach, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the goods to themselves or to the person/entity at the address indicated, provided that they notify the SELLER, without assuming any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer's consent before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, 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 via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this agreement. If this right is exercised,
a) The invoice for the product delivered to a third party or the BUYER must be provided. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company when returning the product. Returns for orders with invoices issued to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and any standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obligated to refund the total amount and any documents that place the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notice and to receive the goods back within 20 days.
e) If the value of the goods decreases due to a reason attributable to the BUYER's fault, or if return becomes impossible, the BUYER shall be liable to compensate the SELLER for damages in proportion to the fault. However, the BUYER shall not be liable for changes or deterioration arising from the proper use of the goods or products within the withdrawal period.
f) If the use of the right of withdrawal causes the amount of the campaign organized by the SELLER to fall below the limit amount, the discount amount benefited from under the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared at the request of the BUYER or clearly for their personal needs and which are not suitable for return, such as underwear, swimwear bottoms, makeup products, single-use products, goods that are likely to deteriorate quickly or have an expired shelf life, Products that are not suitable for return for health and hygiene reasons once the packaging has been opened by the BUYER after delivery, products that have been 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 under a subscription agreement, Services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer, as well as sound or image recordings, books, digital content, software programs, data recording and storage devices, computer consumables, cannot be returned if their packaging has been opened by the BUYER, as required by the Regulation. Furthermore, the exercise of the right of withdrawal for services whose performance has commenced with the consumer's consent before the expiration of the withdrawal period is not possible under the Regulation.
Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery supplies (toner, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, unused, undamaged, and untested.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes to pay interest under the credit card agreement between the cardholder and the bank and to be liable to the bank. In this case, the relevant bank may take legal action; it may claim the resulting expenses and attorney's fees from the BUYER and, in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the damage and loss incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the following law. Information regarding the monetary limit is as follows:
Effective as of May 28, 2014:
a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes with a value below 2,000.00 (two thousand) TL shall be referred to district consumer arbitration committees,
b) For disputes valued below 3,000.00 (three thousand) TL, provincial consumer arbitration committees shall be competent.
c) In provinces with metropolitan status, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are submitted to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER shall be deemed to have accepted all terms of this agreement upon completing payment for the order placed through the Site. The SELLER shall be obligated to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the Site prior to the order being placed.
SELLER:
BUYER:
DATE: