DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
Title: BT MODA İLETİŞİM REKLAM TANITIM YAYINCILIK A.Ş. (hereinafter referred to as the “VENDOR”).
Address: Çamlık cad. No. 25 Levent/İSTANBUL TURKEY
MERSİS (Central Registration System) No.: 3868791767477224
Telephone: 0212 2822982
Fax: 0212 2822983
E-mail: [email protected]
Product Withdrawal Address: Çamlık Caddesi No:25 Levent Mah. Beşiktaş - İstanbul / Turkey
CLAUSE 2 - SUBJECT
The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act No. 6502 on the Protection of the Consumers, which is published in the Official Gazette on the date of 11/27/2014 and the Regulation on Distance Sales Contracts related to the sales and delivery of the product with the following stated properties and the sales price ordered by the CUSTOMER through the electronic environment via the website ................... which belongs to the VENDOR. The Parties of this Contract accept and declare that they know and understand their responsibilities and liabilities under this Contract arising from the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts.
ARTICLE 3 - PRODUCT(S) SUBJECT TO THE CONTRACT
The type, quantity, brand, model, color, sales price, and fundamental delivery information of the Product/Service subject to this Contract, are described in this section.
Product Name, code: ... pcs.
Total Sales Price: …. -TL
Payment Method and Plan: Credit Card/Bank Transfer (EFT)
Person to Take Delivery:
Person /Entity to be Invoiced:
Tax Registry No.:
Shipment Fee: ... -TL
ARTICLE 4 - GENERAL PROVISIONS
4.1. The CUSTOMER agrees that, in the event of placing an order or making payment through a web site or mobile application, this contract shall enter into force and it shall be bound within the terms and conditions set forth in this agreement.
4.2. The CUSTOMER, declares that it confirms electronically that the product on the website ............... will be delivered with the basic qualities, the selling price including all taxes and the specified payment method will be paid by the CUSTOMER, that he/she has read and understood the preliminary information concerning delivery time, commercial name of the VENDOR, its registered address and contact information. The BUYER may communicate in its capacity as a consumer its demands and complaints to the VENDOR through the channels provided by the contact information of the VENDOR above.
4.3. The delivery of the goods shall be made within the time of the commitment, after the stock of the VENDOR is available and the payment is made. The contractual product shall be delivered to the BUYER or a person/enterprise which has been designated by the BUYER per product within the duration specified in the preliminary information of the website depending on the distance of the residential place of the BUYER provided that the period of 30 (thirty) days is not exceeded. The VENDOR reserves the right to extend this period with an additional 10 (ten) days by written notification within this period.
4.4. The BUYER shall pay all delivery costs concerning the delivery and it shall be reflected in the order invoice under the title of “Shipment Fee”. If the VENDOR has declared that the delivery fee will be met on the ........ website, the delivery costs shall belong to the VENDOR.
4.5. The BUYER agrees to fully compensate any liability or damages that may arise from the information provided in the electronic media, if such information is not accurate or defective.
4.6. The VENDOR reserves the right to stop the order if the information given by the BUYER does not match the actual situation. The VENDOR may freeze the order for 15 (fifteen) days in case of a problem with the order is detected by it, if it cannot reach the BUYER through the telephone, e-mail and postal addresses provided by the BUYER. The BUYER is expected to communicate with the VENDOR during this period. If no reply is received from the BUYER within this period, the VENDOR shall cancel the order in order to ensure that both sides do not suffer.
4.7. In the event that the price of the Product/Service is not paid by the BUYER or payment is canceled in the bank records for any reasons whatsoever, the SELLER is considered as having been relieved of its obligation to deliver the Product/Service.
4.8. In case the contractual Product to be delivered to a person/entity other than the BUYER, the VENDOR shall not be held liable in any case in the event that the person/entity to take delivery thereof refuses to accept the delivery.
4.9. The SELLER may not be held liable in any case for the non-delivery of the ordered Product to the BUYER, due to any problems to be encountered by the courier firm, at the stage of the delivery to the BUYER.
4.10. In the event that the BUYER receives damaged and defective Product/Service such as broken, cracked, torn, etc. from the courier company after examining the Contractual Product/Service from the courier firm, the responsibility fully belongs to itself. The Product/Service received by the BUYER from the delivery person of the courier firm shall be deemed to be undamaged and sound. After the delivery, the responsibility of the Product/Service and the damages belong to the BUYER.
4.11. The VENDOR is responsible for delivering the product to the BUYER intact, complete, in conformance with the qualities specified in the order pursuant to the Consumer Legislation, and along with its user’s manuals and warranty documents, if any.
4.12. If reparation is requested for the product, the periods specified in the Consumers Act and related regulations shall be applied.
4.13. The VENDOR may supply a different product at the same price and quality to the BUYER without exceeding the term of the obligation of execution arising from the contract provided that it depends on a just reason.
4.14. In the event that the VENDOR is unable to meet its obligations under the Contract because the delivery of the ordered Product or Service is not possible, it informs the Consumer accordingly before the expiry of the term of its obligation of execution arising from the contract and may provide the BUYER with a different product of the same quality and price.
4.15. At the end of the campaign period, the VENDOR reserves the right to supply different products at the same price and quality in order to fulfill the obligation of the execution arising from the contract if the delivery of the order and/or service becomes impossible, however the Consumer agrees that the VENDOR reserves the right to return the product price, when it informs the Consumer that the product it has purchased will not be able to be supplied due to not being in stocks. The consumer will not be able to claim a supply of a different product at equal quality and price, instead of a refund, although it is informed that the product is not in stock.
4.16. For the delivery of the contractual product, the signed copy of this contract must be delivered to the VENDOR and the price must be paid in the method of payment preferred by the BUYER. Payment methods that are conducted without the approval of and without consultation with the customer services, such as cash on delivery or postal check, shall not be accepted. In the event that the price of the Product is not paid or the payment is canceled in the bank records for any reasons whatsoever, the SELLER is considered as having been relieved of its obligation to deliver the Product.
4.17. If the bank or financial institution fails to pay the price of the product to the VENDOR for the reason that the credit card, debit card and/or other payment systems provided in the Website belonging to the BUYER, are used by unauthorized persons unlawfully or unjust after the delivery of the Product without the fault of the BUYER, the BUYER must deliver the related product to the VENDOR within 3 days provided that it has been delivered to the BUYER. In this case the transportation costs belongs to the BUYER.
4.18. In cases where the VENDOR fails to deliver the contractual product in the prescribed time limit due to Force Majeure or extraordinary circumstances such as adverse weather and interruption of transport preventing delivery, it is obligated to inform the BUYER accordingly, as soon as possible. In this case, the BUYER has the rights to cancel the order and terminate the contract. In the event of termination of the Contract, the VENDOR is obliged to return all the collected payments, including delivery costs, to the BUYER within 14 (fourteen) days following receipt of the notice of termination.
4.19. In the case that the BUYER exercise its right of withdrawal, for payments made via credit card, debit card and/or other payment systems provided in the Website, the product price shall be returned to the relevant bank within 14 (fourteen) days after the cancellation of the order by the BUYER. The reflection of this sum in the BUYER’s account after the refund to the Bank is solely a banking process and the VENDOR is unable to intervene with this process in any manner whatsoever and has no liability or obligation.
4.20. Persons under 18 (eighteen) cannot shop via ................... The VENDOR shall ensure that the age that is stated in the contract by the BUYER is correct. However, the VENDOR shall not be held liable in any way due to the statement of the BUYER about its age contrary to the fact.
4.21. The VENDOR is not responsible for the pricing inaccuracies due to the system errors. In this regard, the VENDOR is not responsible for the promotion or pricing inaccuracies that may arise due to the design system in the website or illegal interventions to the website. The BUYER cannot claim any rights from the VENDOR, due to the system errors.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1. The Consumer, in distance contracts for the sale of goods, is entitled to use its right of withdrawal from the Contract by denying the products without any legal or penal liability and without any justification within 14 days from the date of delivery of the goods. In the case of distance contracts for service provision, this period starts on the date on which the contract is signed. If it is agreed in the Contract that the provision of the service to be completed before 14 days, the BUYER may use the right of withdrawal only until the beginning of the provision.
5.2. 5.2. All costs incurred from the use of the right of withdrawal belong to the VENDOR, in the case that the product is delivered by Courier or Delivered Courier companies, which are contracted with the VENDOR.For orders ordered from abroad and delivered abroad, if the BUYER requests replacement or returns the product, all costs and all shipping charges shall belong to the BUYER. The customs duties, duties etc. which may be incurred due to the replacement and return, both in the country of delivery and in Turkey and all other costs and extra costs arising therefrom shall belong to the BUYER.
5.3. To exercise the right of withdrawal, the BUYER must inform the VENDOR within 14 (fourteen) days via fax, phone or e-mail which were specified in Article 1 of this Contract. Under the scope of the right of withdrawal the product must be unused within the framework of the provisions contained in the distance sales contract.
5.4. The BUYER accepts in advance by accepting this contract that it is informed about the right of withdrawal.
5.5. In Case the Right of Withdrawal is Exercised;
The product shall be delivered to the VENDOR with;a) The invoice of the Product that is delivered to the third party or the BUYER (If the invoice is corporate, along with the return invoice issued by the returning organization. The returns of orders, the invoices of which are issued for corporations shall not be completed if the RETURN INVOICE is not issued)
b) The Return Form,
c) The box, packaging and standard accessories (if any) of the products to be returned, completely and undamaged,
within the period of 14 days. The price of the Product shall be returned to the CUSTOMER within 14 days from receipt of these documents by the VENDOR.
5.6. The price of the Product shall be returned to the CUSTOMER within 14 days from receipt of the product to be returned and the documents by the VENDOR.
5.7. In the case of a refund of the product price to the BUYER due to it exercising of the right of withdrawal or other reasons ruled within the contract, if the shopping is made through a credit card and with installments, the return procedure of the amount to the credit card shall be as following: The Bank may perform the return in installments in line with the number of installments the BUYER preferred in the payment. After the payment of the Product price by the VENDOR to the Bank in one single amount; the Bank, for the return of the installments through POS devices of Banks, to the credit card of the BUYER, the Bank transfers the requested return amounts to the account of the bearers in installments in order to avoid any problem to any of the parties involved in the transaction. If the refund dates do not match the statement dates of the card, the amounts of the installments shall be reflected in the card as 1 (one) return each month and after the expiry of the installments, the number of the installments paid by the BUYER before the return date shall be reflected thereafter and shall be deducted from its payables.
5.8. In the event of the return of the goods and services paid through a credit card, the VENDOR may not return the collected amount in cash to the BUYER pursuant to its agreement with the bank. The VENDOR shall make the refund through the relevant software in the case of a return transaction and since the VENDOR is obliged to pay the relevant amount in cash or on account, the payment to the BUYER cannot be made in cash according to the procedure detailed in Article 5.5. The return to the credit card will be conducted as defined above by the bank upon the return of the amount by the BUYER in a single amount.
5.8. When the product is returned to the VENDOR, the original invoice submitted to the BUYER during the delivery of the product shall also be returned. The part for return of the invoice that will be returned with the product shall be filled in and returned and signed by the Buyer.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT EXERCISABLE
Unless otherwise agreed by the parties, the consumer shall not exercise the right for withdrawal for the following contracts:
a) Contracts relating to goods or services whose prices changes depending on fluctuations in the financial market and which are not controlled by the VENDOR or the supplier,
b) Contracts relating to goods prepared in accordance with the consumer’s wishes or personal needs,
c) Contracts for the delivery of goods which can quickly deteriorate or whose date of expiry may expire,
d) Contracts for the delivery of goods unsuitable in terms of health and hygiene, upon the goods whose protection elements such as packaging, tape, seal, package have been opened after delivery,
e) Subparts of underwear, swimming suits and bikini bottoms, makeup materials, disposable items,
f) Contracts relating to goods which are mixed with other products after delivery and which cannot be separated by their very nature.
g) Contracts for the delivery of periodicals, such as newspapers and magazines, except those provided under a subscription contract.
h) Contracts relating to the recreation done for accommodation, courier, car rental, catering and entertainment or relaxation, which must be done on a specific date or period.
i) Contracts for instant services in an electronic environment or for non-material goods delivered instantly to the consumer.
j) Contracts for services started to be provided with the approval of the consumer before the end of the term for the right of withdrawal.
It is not possible according to the Regulation, to return audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables if their packaging is opened by the BUYER.
ARTICLE 7 - DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer fails to make any payment related to the transactions conducted with a credit card, it will pay the interest amount and be liable against the bank pursuant to the credit card contract concluded between it and the bank. In such case the relevant Bank may use legal remedies; request the refunding of any legal expenses and attorney fees from the BUYER, and the BUYER accepts to pay any losses and damages incurred by the SELLER due to the delayed provision of the debt.
ARTICLE 8 - COMPETENT COURT
The Consumer; is entitled to bring its complaints and objections to the County Arbitration Committees for Consumer Problems, Province Arbitration Committees and the Consumer Courts located at the place of the its domicile or the purchase place of the Products up to the value as declared by the Ministry of Customs and Trade (Republic of Turkey) in December each year.
ARTICLE 9 - NOTIFICATIONS AND THE EVIDENTIAL CONTRACT
The BUYER accepts, declares and undertakes that in the event of any dispute arising from this Contract, the electronic and computer records held by the VENDOR and its official books and commercial records in its database shall constitute binding, accurate and exclusive evidence, and that this article has the characteristics of an evidential contract in the sense of Article 193 of the Code of Civil Procedure.
ARTICLE 10 - ENTRY INTO Force
This Contract, which consists of ten (10) articles, was concluded by being read by the Parties and approved by the BUYER electronically and entered into force immediately.
Name - Surname:
Republic of Turkey Identity Number: