Distance Selling Agreement
Distance Selling Agreement
1. PARTIES
This Agreement has been signed between the parties set out below within the framework of the terms and conditions stated below.
A. “BUYER”; (hereinafter referred to in the agreement as the “BUYER”)
B. “SELLER”; (hereinafter referred to in the agreement as the “SELLER”)
NAME - SURNAME:
ADDRESS:
By accepting this agreement, the BUYER accepts in advance that, if the BUYER confirms the order that is the subject of the agreement, the BUYER will be under the obligation to pay the price of the order and any additional charges such as shipping fees and taxes, and that the BUYER has been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall bear the meanings written opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction other than the supply of goods that is performed or undertaken to be performed for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts in the name of or on behalf of the party offering goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The 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 concluded between the SELLER and the BUYER,
GOODS: Movable property that is the subject of the purchase, and intangible goods such as software, sound and images prepared for use in the electronic environment.
3. SUBJECT MATTER
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product whose characteristics and sale price are stated below and which the BUYER has ordered electronically through the website belonging to the SELLER.
The prices listed and announced on the site are the sale prices. The announced prices and undertakings are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to whom delivery will be made
Delivery address
Phone
Fax
E-mail / user name
6. INFORMATION ON THE PRODUCT / PRODUCTS SUBJECT TO THE AGREEMENT
6.1. The essential characteristics of the goods / product / products / service (type, quantity, brand/model, colour, number of units) are published on the website belonging to the SELLER. If a campaign has been organised by the seller, you may examine the essential characteristics of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sale prices. The announced prices and undertakings are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
6.3. The sale price of the goods or service that is the subject of the agreement, including all taxes, is shown below.
Product Description — Quantity — Unit Price — Subtotal (VAT included)
Shipping amount
Total:
Method and plan of payment
Delivery address
Person to whom delivery will be made
Invoice address
Order date
Delivery date
Method of delivery
6.4. The shipping fee, being the product dispatch cost, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name / Surname / Title
Address
Phone
Fax
E-mail / user name
Invoice delivery: The invoice will be delivered together with the order to the invoice address during delivery of the order.
8. RULES ON SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The confidentiality rules and policy and the conditions whose applicable principles are set out below apply to the protection, confidentiality, processing and use of information on the WEBSITE, to communications and to other matters.
8.1. The measures necessary for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER's side, to the extent of today's technical possibilities and according to the nature of the information and transaction. Nevertheless, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures for its protection on the BUYER's side and to prevent access by unrelated persons, including those relating to viruses and similar harmful applications, lies with the BUYER.
8.2. In addition to and in confirmation of the permissions and approvals given by the BUYER in other ways regarding personal data and commercial electronic communications, the information obtained during the BUYER's membership of and purchases on the WEBSITE may be recorded, stored in printed/magnetic archives, updated where deemed necessary, shared, transferred, transmitted, used and otherwise processed by the SELLER indefinitely or for the period they may foresee, before the aforementioned parties and their successors, for the purpose of providing various products/services and for electronic and other commercial and social communications to be made for the purposes of any kind of information, advertising and promotion, communication, promotional activity, sale, marketing, store card, credit card and membership applications. This data may also be transmitted to the relevant Authorities and Courts where required by law. The BUYER has consented and given permission for the use, sharing and processing of their existing and new personal and non-personal information within the above scope, in a manner compliant with the legislation on the protection of personal data and with electronic commerce legislation, and for commercial and non-commercial electronic communications and other communications to be made to them.
8.3. The BUYER may at any time stop the use and processing of their data and/or communications by contacting the SELLER through the communication channels indicated, or by applying through the same channels in the manner prescribed by law, or by exercising the right of refusal contained in the electronic communications sent to them. In accordance with the BUYER's express notification on this matter, personal data processing and/or communications to them will be stopped within the maximum statutory period; furthermore, if they so wish, information other than that which must be retained by law and/or that which it is possible to retain will be deleted from the data recording system or anonymised so that the identity is not ascertainable. If the BUYER wishes, they may at any time apply to the SELLER through the above communication channels and obtain information on matters such as the operations relating to the processing of their personal data, the persons to whom it is transferred, the correction of the data where it is incomplete or inaccurate, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, objection to a result arising to their detriment through analysis by automated systems, and compensation where damage is suffered due to the unlawful processing of the data. Applications and requests on these matters will be fulfilled within the maximum statutory periods, or may not be accepted, in which case the legal grounds will be explained to the applicant.
8.4. All intellectual and industrial property rights and ownership rights in respect of all information and content belonging to the WEBSITE and of their arrangement, revision and partial/full use — except for those belonging to other third parties under the SELLER's agreement — belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it may deem necessary on the above matters; such changes take effect from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. The confidentiality and security policies and terms of use of other sites accessed from the WEBSITE apply to those sites, and the SELLER is not responsible for any disputes that may arise or for their adverse consequences.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and are aware of the preliminary information regarding the essential qualities of the product subject to the agreement, the sale price, the method of payment and the delivery, on the website belonging to the SELLER, and that they have given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that they have accurately and completely obtained the address that must be provided to the BUYER by the SELLER prior to the conclusion of the distance selling agreement, the essential characteristics of the products ordered, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the agreement shall be delivered to the BUYER or to the person and/or organisation at the address indicated by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the agreement is reserved.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the agreement complete, in conformity with the qualities specified in the order and together with any warranty certificates, user manuals and the information and documents required by the nature of the work; to perform the work free from any defect, in a sound manner in accordance with the requirements of the legislation and standards and within the principles of honesty and good faith; to maintain and improve the quality of the service; to exercise the necessary care and diligence during performance; and to 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 express approval before the expiry of the period of the performance obligation arising from the agreement.
9.5. The SELLER accepts, declares and undertakes that, if it cannot fulfil its obligations under the agreement because performance of the product or service subject to the order becomes impossible, it will notify the consumer of this situation in writing within 3 days from the date it becomes aware of it, and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the agreement will come to an end.
9.7. The BUYER accepts, declares and undertakes that if, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organisation 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 the unlawful use of the BUYER's credit card by unauthorised persons, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the transport cost being borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that, if it cannot deliver the product subject to the agreement within the period due to force majeure events such as circumstances arising beyond the will of the parties, which cannot be foreseen in advance and which prevent and/or delay the performance of the parties' obligations, it will notify the BUYER of the situation. The BUYER is entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with an equivalent, if any, and/or the postponement of the delivery period until the impeding circumstance is removed. If the order is cancelled by the BUYER, in the case of payments made by the BUYER in cash, the product amount is paid to them in cash and in a single payment within 14 days. In the case of payments made by the BUYER by credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process 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 since the reflection of this amount in the BUYER's accounts after its refund to the bank relates entirely to the bank's transaction process, the BUYER may not hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for the purposes of communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, through the address, e-mail address, fixed and mobile telephone lines and other contact details stated by the BUYER in the registration form on the site or subsequently updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities specified above towards them.
9.10. The BUYER shall inspect the goods/service subject to the agreement before taking delivery; the BUYER shall not accept from the shipping company any damaged or defective goods/service that is dented, broken, has torn packaging, etc. The goods/service taken delivery of shall be deemed to be undamaged and sound. The obligation to protect the goods/service with care after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used at the time of the order are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact details of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be suspended for the period until the BUYER provides the information/documents requested, and if the said requests are not met within 24 hours, the SELLER is entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information they provided when becoming a member of the website belonging to the SELLER is true, and that they will compensate all damages the SELLER may incur due to the untruthfulness of this information immediately, in cash and in a single payment upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation and not to violate them when using the website belonging to the SELLER. Otherwise, all legal and criminal liabilities that arise shall bind the BUYER wholly and exclusively.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, is contrary to public morals, disturbs and harasses others, for an unlawful purpose, or in a manner that infringes the material and moral rights of others. Furthermore, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.
9.15. Links may be provided from the website belonging to the SELLER to other websites and/or other content that are not under the SELLER's own control and/or that are owned and/or operated by other third parties. These links have been placed in order to provide ease of navigation for the BUYER; they do not endorse any website or the person operating that site, and do not constitute any warranty as to the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally liable in criminal and civil terms for that violation, and shall hold the SELLER free from the legal and criminal consequences of such violations. Furthermore, if the matter is brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the agreement by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organisation at the address indicated by the BUYER, provided that the SELLER is notified. In distance contracts relating to the provision of services, this period starts from the date on which the agreement was signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer's approval before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail with return receipt, fax or e-mail within the 14 (fourteen) day period, and the product must not have been used within the framework of the provisions on “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this agreement. If this right is exercised:
a) The invoice of the product delivered to a third party or to the BUYER, (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the organisation when returning it. Returns of orders whose invoices are issued in the name of corporations cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and any standard accessories.
d) The SELLER is obliged to return to the BUYER the total price and the documents placing the BUYER under obligation within a period of no more than 10 days from receipt of the withdrawal notice, and to take back the goods within a period of 20 days.
e) If there is a decrease in the value of the goods for a reason attributable to the BUYER's fault, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations occurring due to the proper use of the goods or product within the withdrawal period.
f) If, as a result of the exercise of the right of withdrawal, the campaign limit amount set by the SELLER is no longer met, the discount amount benefited from within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the Regulation, it is not possible to return: goods prepared in line with the BUYER's request or clearly their personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms; cosmetics; single-use products; goods liable to deteriorate quickly or likely to pass their expiry date; products which, once their packaging has been opened by the BUYER after delivery, are not suitable for return in terms of health and hygiene; products which become mixed with other products after delivery and which by their nature cannot be separated; goods relating to periodicals such as newspapers and magazines, other than those provided within the scope of a subscription agreement; services performed instantaneously in the electronic environment or intangible goods delivered instantaneously to the consumer; and sound or image recordings, books, digital content, software programmes, data recording and data storage devices and computer consumables where their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, it is also not possible to exercise the right of withdrawal in respect of services whose performance has begun with the consumer's approval before the expiry of the withdrawal period.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programmes, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must not have been opened, and they must not have been tried, damaged or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
Where the BUYER makes payment transactions by credit card, the BUYER accepts, declares and undertakes that if they fall into default they will pay interest within the framework of the credit card agreement between them and the card-issuing bank and will be liable to the bank. In this case, the relevant bank may take legal action; it may claim the costs and attorney's fees that arise from the BUYER, and in any event, if the BUYER falls into default due to their debt, the BUYER accepts, declares and undertakes that they will pay for the loss and damage incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be submitted, within the monetary limits set out in the Law, to the consumer arbitration committee or the consumer court at the place of residence of the consumer or at the place where the consumer transaction was carried out.
14. ENTRY INTO FORCE
When the BUYER makes the payment for the order placed through the Site, they shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements so as to obtain confirmation, before the order is placed, that this agreement has been read and accepted by the BUYER on the site.
SELLER:
BUYER:
DATE:





