Distance Sales Contract Details

1. PARTIES

This Distance Sales Contract (“CONTRACT”) has been established electronically between the person whose information is given in Article 6 (“BUYER”), the person whose information is given in Article 4 (“SERVICE PROVIDER”) and the person whose information is given in Article 5 (“SELLER”) within the framework of the terms and conditions specified below.

2. SUBJECT

The subject of the Contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers, the Distance Contracts Regulation and other relevant legal provisions regarding the sale and delivery of the product sold by the Seller to the Buyer, the characteristics and sales price of which are specified below.

3. ESTABLISHMENT OF THE CONTRACT

3.1. THE BUYER ACCEPT THAT HE HAS READ, UNDERSTOOD AND IS AWARE OF HIS RIGHTS AND LIABILITIES. THE BUYER AGREES THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE IN HIS OWN INTEREST AND ACCEPTS ALL THE CONDITIONS WITH HIS OWN FREE WILL.

3.2. THE SELLER AND THE BUYER AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A CHARACTERISTIC THAT CAN BE CONSIDERED UNFAIR CONDITIONS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.

4. SERVICE PROVIDER INFORMATION

Title:
Address:
Tel:
E-mail:
Customer Services:

5. SELLER INFORMATION

Title:
Address:
Tel:
E-mail:

6. BUYER INFORMATION

Name Surname:
Tel:
E-mail:

7. PRODUCT INFORMATION SUBJECT TO CONTRACT

Type, quantity, brand/model, color, number of sales price, payment method of the Goods / Product / Service, as specified below:

To whom the withdrawal notice will be made;
Title:
Address:
Tel:
E-mail:

Product Delivery Times

Delivery of the products will be carried out within the date and time range you selected during the order creation phase. A clear delivery date information cannot be shared for shipments made by cargo. Your delivery will be carried out within the estimated time range shown to you during the order phase.

8. GENERAL PROVISIONS

8.1. The Buyer declares that he/she has read and is informed about the basic characteristics of the product subject to the Contract specified in Article 7, the sales price and payment method, and all preliminary information regarding delivery, and has given the necessary confirmation electronically.

8.2. The product subject to the contract shall be delivered to the Buyer or the person/institution at the address specified by the Buyer within the period specified in the preliminary information depending on the distance of the Buyer's place of residence, provided that it does not exceed the legal 30 (thirty) day period for each product. If the Seller acts contrary to this obligation, the consumer may terminate this Contract. In the event of termination of the Contract, the Seller shall repay all payments collected, including delivery costs, if any, together with the legal interest determined in accordance with the relevant legislation, to the Consumer within 14 (fourteen) days from the date of receipt of the termination notice, and shall return all valuable papers and similar documents that put the Consumer in debt, if any.

8.3. If the product subject to the contract is to be delivered to a person/institution other than the Buyer, the Seller shall not be held responsible if the person/institution to whom the delivery is made does not accept the delivery.

8.4. The Seller shall be responsible for the delivery of the product subject to the contract in a sound, complete manner and in accordance with the specifications specified in the order. Provided that there is a justified reason, the Seller may supply goods or services of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract.

8.5. In order to deliver the product subject to the Contract, this Contract must be confirmed electronically and the price of the order subject to the Contract must be paid. If the product price is not paid or is canceled in bank records for any reason, the Seller shall be deemed to have been relieved of the obligation to deliver the product.

8.6. In cases where the Seller becomes impossible to fulfill the goods or services subject to the order, it is obliged to notify the Buyer in writing or via permanent data storage within 3 (three) days from the date of learning about the situation. In this case, the Seller shall return all payments collected, including delivery costs, to the Buyer within 14 (fourteen) days from the date of notification at the latest.

8.7. The Seller is responsible for losses and damages that occur until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier.

8.8. If the Buyer requests the goods to be sent by a carrier other than the one determined by the Seller, the Seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.

8.9. The service provided by the Seller is for the consumer within the scope of retail sales; the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been established, if the Seller suspects that the Buyer has a resale purpose.

8.10. The product subject to the Agreement shall be delivered to the Buyer or the person/organization at the address indicated by the Seller by the cargo company with which the Seller has a contract, within the period specified in the preliminary information on the website, depending on the distance of the Buyer's place of residence, provided that it does not exceed the legal 30 (thirty) day period. The Seller sends and delivers the products it sells to the Buyer through cargo companies. In general, unless otherwise stated, delivery costs (shipping fees, etc.) belong to the Buyer. The Seller may not reflect all or a portion of the delivery costs to the Buyer depending on the results of the campaigns it conducts at the time of sale and the terms of which it announces on the website.

9. RIGHT OF WITHDRAWAL

According to the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;

9.1. In distance contracts related to the sale of goods, the consumer has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the date of receipt of the goods. However, the consumer may also exercise the right of withdrawal within the period from the establishment of this Contract until the delivery of the goods. It is sufficient for the notification of the use of the right of withdrawal to be sent to the seller or provider in writing or via permanent data storage within this period. In order for our customers to exercise their right of withdrawal, they must fill out the return form sent to them together with the product and deliver the product together with the return form to the Cargo company.
In determining the period of the right of withdrawal;

a) For goods that are delivered separately and are subject to a single order, the day the consumer or a third party designated by the consumer receives the last item,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last item,
c) In contracts where the goods are delivered regularly for a certain period, the day the consumer or a third party designated by the consumer receives the first item shall be taken into account.

9.2. The consumer's right of withdrawal;

a) For goods prepared in line with the consumer's requests or personal needs,
b) For the delivery of goods that are perishable or whose expiration date may have passed,
c) For goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; to the delivery of products that are not suitable for return in terms of health and hygiene,

d) to goods that are mixed with other products after delivery and cannot be separated by their nature,

e) to books, digital content and computer consumables provided in a material medium if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods,

f) to the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription agreement,

g) to the evaluation of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or resting that must be done on a certain date or period,

h) to services performed instantly in an electronic environment or to intangible goods delivered to the consumer instantly,

i) to services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period, and

j) to contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.

9.3. If the consumer exercises his/her right of withdrawal, the seller or provider is obliged to return the total amount received and any valuable papers and similar documents that put the consumer in debt within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal, without charging any cost to the consumer.

9.4. If the consumer uses the product in accordance with its operation, technical specifications and instructions for use, he/she will not be responsible for any changes or deteriorations that occur.

9.5. If the consumer sends the product back through the carrier specified by the seller for return in the preliminary information when he/she exercises his/her right of withdrawal, he/she will not be held responsible for paying the costs related to the return. If the seller does not specify any carrier for return in the preliminary information, no fee can be requested from the consumer regarding the return cost. If the carrier specified in the preliminary information for return does not have a branch in the consumer's location, the seller is obliged to ensure that the product to be returned is collected from the consumer without charging any additional cost.

9.6. Unless the consumer offers the seller to take back the goods, the consumer must return the goods to the seller within 10 (ten) days from the date of notification of exercising the right of withdrawal.

9.7. As stated in subparagraph a of paragraph 1 of article 15 of the Distance Contracts Regulation, consumers do not have the right of withdrawal for products specially prepared for a person.

9.8 Orders with the status of “Sent to Cargo” cannot be canceled at the cargo delivery stage.

9.9. For orders with the status of “Sent to Cargo”, our Customers must return the cargo to the cargo company without opening the product box. The provisions in article 9.1 are reserved.

10. EVIDENCE AGREEMENT AND COMPETENT COURT

10.1. In the resolution of any dispute that may arise from this Agreement and/or its implementation, the Seller’s records (including magnetic media records such as computer-voice recordings) constitute definitive evidence. The Parties have agreed that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees located at the place of residence of the Buyer and the Seller will have jurisdiction within the monetary limits determined within the framework of the legislation, and in cases exceeding this, the Consumer Courts of the Buyer and the Seller.

10.2. Information regarding the monetary limit is as follows:

Amount information for applications to Consumer Arbitration Committees for 2018;

a) District consumer arbitration committees for disputes under 4,570.00 TL (Four Thousand Five Hundred and Seventy Turkish Lira),
b) Provincial Consumer Arbitration Committees in Provinces with Metropolitan Status for disputes between 4,570.00 TL (Four Thousand Five Hundred and Seventy Turkish Lira) and 6,860.00 TL (Six Thousand Eight Hundred and Sixty Turkish Lira),
c) Provincial Consumer Arbitration Committees in the Centers of Provinces Not with Metropolitan Status for disputes under 6,860.00 TL (Six Thousand Eight Hundred and Sixty Turkish Lira),
d) Provincial Consumer Arbitration Committees in Districts of Provinces Not with Metropolitan Status for disputes between 4,570.00 TL (Four Thousand Five Hundred and Seventy Turkish Lira) and 6,860.00 TL (Six Thousand Eight Hundred and Sixty Turkish Lira), is responsible.

No application can be made to the Consumer Arbitration Committees for disputes above these values.