DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement is entered into between the following parties
under the terms and conditions set forth below.
- 'BUYER'
; (hereinafter referred to as "BUYER" in the contract)
NAME- SURNAME:ADDRESS:
- 'SELLER'
; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME:BORA GİYİM MEDİKAL ADDRESS:SAHİBATA MAH.
DÜLGERLER SOKAK NO:59 MERAM/KONYA
By accepting this contract, the BUYER accepts in advance
that if he approves the order subject to the contract, he will be under the
obligation to pay the price subject to the order and the specified additional
fees such as shipping fee and tax, if any, and that he has been informed about
this.
2.DEFINITIONS
In the application and interpretation of this contract, the
terms written below shall refer to the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (RG: 27.11.2014
/ 29188)
SERVICE: The subject of any consumer transaction other than
the provision of goods made or promised to be made in return for a fee or
benefit,
SELLER: A company that offers goods to the consumer within
the scope of its commercial or professional activities or acts on behalf of or
on behalf of the supplier of goods,
BUYER: A natural or legal person who acquires, uses or
benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A real or legal person who requests a good or
service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the
BUYER,
GOODS: It refers to the movable goods subject to shopping
and software, audio, video and similar intangible goods prepared for use in
electronic environment.
TOPIC 3
This Agreement regulates 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 qualifications and sales price of which are
specified below, which the BUYER has ordered electronically through the website
of the SELLER.
The prices listed and announced on the site are the sales
price. Advertised prices and promises are valid until updated and changed.
Prices announced for a period of time are valid until the end of the specified
period.
4. SELLER INFORMATION
Title:VELİ BORA
Address:Sahbiata mah dülgerler sokak no:59 Meram/Konya
Telefon:03323524236FaksEposta:boragiyim@gmail.com
5. BUYER INFORMATION
Delivery addressDelivery addressPhoneFax Email
/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
AddressPhoneFaxEmail/username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE
CONTRACT
1. The basic features (type, quantity, brand/model,
color, number) of the Goods/Products/Products/Services are published on the
website of the SELLER. If a campaign has been organized by the seller, you can
examine the basic features of the relevant product during the campaign. It is
valid until the campaign date.
7.2. The prices listed and advertised on the site are
the selling price. The announced 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.
7.3. The sales price of the goods or services subject
to the contract, including all taxes, is shown below.
Product
Description |
Custom |
Unit
Price |
Subtotal
(VAT included) |
Shipping
Amount |
|||
Sum: |
Payment Method and Plan
Shipping Address
Person to be delivered
Billing Address
Order Date
Date of delivery
Method of delivery
7.4. The shipping fee, which is the product shipment
cost, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
AddressPhoneFaxEmail/usernameInvoice delivery: The invoice
will be delivered to the invoice address with the order at the time of order
delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that
he/she has read and informed the basic qualifications of the product subject to
the contract, the sales price and payment method and the preliminary
information regarding the delivery on the website of the SELLER, and that
he/she has given the necessary confirmation electronically. BUYER's; It
accepts, declares and undertakes that it has obtained the address to be given
to the BUYER by the SELLER, the basic features of the ordered products, the
price of the products including taxes, payment and delivery information
accurately and completely, before the establishment of the distance sales
contract.
9.2. Each product subject to the contract is
delivered to the BUYER or the person and/or organization at the address
indicated by the BUYER within the period specified in the preliminary
information section on the website, depending on the distance of the BUYER's
place of residence, provided that it does not exceed the legal period of 30
days. 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 contract in full, in accordance with the qualifications
specified in the order, and with warranty documents, user manuals, if any,
information and documents required by the work, to perform the work in
accordance with the requirements of the legal legislation, free from all kinds
of defects, in accordance with the standards, within the principles of accuracy
and honesty, to maintain and increase the quality of service, to show the
necessary attention and care during the performance of the work, accepts, declares and undertakes to act with
prudence and foresight.
9.4. The SELLER may supply a different product of equal
quality and price by informing the BUYER and obtaining his explicit consent
before the expiry of the contractual performance obligation.
9.5. If the SELLER fails to fulfill its contractual obligations in the
event that the fulfillment of the product or service subject to the order
becomes impossible, it accepts, declares and undertakes that it will notify the
consumer in writing within 3 days from the date of learning of this situation
and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that
he/she will confirm this Agreement electronically for the delivery of the
product subject to the Contract, and that if the price of the product subject
to the contract is not paid and/or canceled in the bank records for any reason,
the SELLER's obligation to deliver the product subject to the contract will be
terminated.
9.7. The BUYER accepts, declares and undertakes that
if the price of the product subject to the contract is not paid to the SELLER
by the relevant bank or financial institution as a result of the unfair use of
the BUYER's credit card by unauthorized persons after the delivery of the
product subject to the contract to the BUYER or the person and/or organization
at the address indicated by the BUYER, the BUYER accepts, declares and
undertakes that he will return the product subject to the contract to the SELLER
within 3 days at the expense of the SELLER.
9.8. If the SELLER cannot deliver the product subject
to the contract within the time limit due to force majeure situations such as
the occurrence of unforeseen and delaying situations that prevent and/or delay
the fulfillment of the obligations of the parties, the SELLER accepts, declares
and undertakes that he will notify the BUYER of the situation. The BUYER also
has the right to request from the SELLER the cancellation of the order, the
replacement of the product subject to the contract with its precedent, if any,
and/or the postponement of the delivery time until the obstructive situation
disappears. In the event that the order is canceled by the BUYER, the amount of
the product is paid to him in cash and in full within 14 days for the payments
made by the BUYER in cash. For payments made by the BUYER by credit card, the
product amount is returned to the relevant bank within 14 days after the order
is canceled by the BUYER. The BUYER accepts, declares and undertakes that the
average process of reflecting the amount returned by the SELLER to the credit
card to the BUYER's account by the bank may take 2 to 3 weeks, and that the
BUYER cannot hold the SELLER responsible for possible delays, since the
reflection of this amount on the BUYER's accounts after the return of this
amount to the bank is entirely related to the bank transaction process.
9.9. The SELLER has the right to reach the BUYER for
communication, marketing, notification and other purposes by letter, e-mail,
SMS, phone call and other means via the address, e-mail address, fixed and
mobile phone lines and other contact information specified by the BUYER in the
registration form on the site or updated by him later. By accepting this
agreement, the BUYER accepts and declares that the SELLER may engage in the
above-mentioned communication activities for him.
9.10. The BUYER will inspect the goods/services
subject to the contract before receiving them; will not receive damaged and
defective goods/services such as dents, broken, torn packaging, etc., from the
cargo company. The goods/services received will be deemed to be undamaged and
intact. The obligation to carefully protect the goods/services after delivery
belongs to the BUYER. If the right of withdrawal is to be exercised, the
goods/services should not be used. The invoice must be returned.
9.11. In the event that the BUYER and the credit card
holder used during the order are not the same person, or if a security
vulnerability is detected regarding the credit card used in the order before
the delivery of the product to the BUYER, the SELLER may request the BUYER to
submit the identity and contact information of the credit card holder, the
statement of the credit card used in the order for the previous month, or the
letter from the card holder's bank stating that the credit card belongs to him.
The order will be frozen until the BUYER provides the information/documents
subject to the request, and if the aforementioned requests are not met within
24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the
personal and other information provided while subscribing to the SELLER's
website is truthful, and that the SELLER will indemnify all damages incurred
due to the untruthfulness of this information, immediately, in cash and in
full, upon the first notification of the SELLER.
9.13. The BUYER agrees and undertakes from the
beginning not to comply with the provisions of the legal regulations and not to
violate them while using the website of the SELLER. Otherwise, all legal and
penal liabilities that may arise will bind the BUYER completely and
exclusively.
9.14. The BUYER may not use the SELLER's website in
any way that disrupts public order, violates public morality, disturbs and
harasses others, for an unlawful purpose, and violates the material and moral
rights of others. In addition, the member cannot engage in activities (spam,
virus, trojan horse, etc.) that prevent or make it difficult for others to use
the services.
9.15. Links to
other websites and/or other content owned and/or operated by other third
parties that are not under the control of the SELLER and/or other third parties
may be provided through the SELLER's website. These links are placed for the
purpose of providing ease of orientation to the BUYER and do not support any
website or the person operating that site and do not constitute any guarantee
for the information contained in the linked website.
9.16. The member who violates one or more of the
articles listed in this agreement is personally liable for this violation
criminally and legally and will keep the SELLER free from the legal and penal
consequences of these violations. In addition; In the event that the incident
is transferred to the legal field due to this violation, the SELLER reserves
the right to claim compensation against the member for non-compliance with the
membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract is
related to the sale of goods, the BUYER may use the right to withdraw from the
contract by rejecting the goods within 14 (fourteen) days from the date of
delivery of the product to him or to the person/organization at the address
indicated, without assuming any legal or criminal liability and without giving
any reason, provided that he notifies the SELLER. In distance contracts for the
provision of services, this period starts from the date of signing the contract.
Before the expiry of the right of withdrawal, the right of withdrawal cannot be
exercised in service contracts where the performance of the service is started
with the approval of the consumer. The costs arising from the use of the right
of withdrawal belong to the SELLER. By accepting this contract, the BUYER
accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a
written notification must be made to the SELLER by registered mail, fax or
e-mail within 14 (fourteen) days and the product must not be used within the
framework of the provisions of the "Products for which the Right of
Withdrawal cannot be used" regulated in this contract. In the event that
this right is exercised,
a)The invoice
of the product delivered to the 3rd person or the BUYER, (If the invoice of the
product to be returned is corporate, it must be sent together with the return
invoice issued by the institution when returning. Order returns whose invoices
are issued on behalf of the institutions will not be completed unless the
RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered
complete and undamaged, together with their box, packaging, standard
accessories, if any.
d)The SELLER
is obliged to return the total price and the documents that put the BUYER under
debt to the BUYER within 10 days at the latest from the receipt of the
withdrawal notification and to return the goods within 20 days.
e)If there is a decrease in the value of the goods due to
the fault of the BUYER or if the return becomes impossible, the BUYER is
obliged to compensate the damages of the SELLER in proportion to his fault.
However, the BUYER is not responsible for the changes and deteriorations that
occur due to the proper use of the goods or products within the right of
withdrawal period.
f) In the event that the campaign limit amount issued
by the SELLER falls below due to the exercise of the right of withdrawal, the
discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE
EXERCISED
Underwear bottoms, swimwear and bikini bottoms, make-up
materials, disposable products, goods that are in danger of perishing quickly
or are likely to expire, which are prepared in line with the BUYER's request or
clearly personal needs and are not suitable for return, products that are not
suitable for health and hygiene to be returned if their packaging is opened by
the BUYER after they are delivered to the BUYER, products that are mixed with other products
after delivery and cannot be separated due to their nature, Goods related to
periodicals such as newspapers and magazines, except for those provided under
the subscription agreement, Services performed instantly in the electronic
environment or intangible goods delivered to the consumer instantly, audio or
video recordings, books, digital content, software programs, data recording and
data storage devices, computer consumables,
If the package has been opened by the BUYER, it is not possible to
return it in accordance with the Regulation. In addition, it is not possible to
exercise the right of withdrawal for the services that have been started with
the approval of the consumer before the expiry of the right of withdrawal
period, in accordance with the Regulation.
Cosmetics and personal care products, underwear products,
swimwear, bikinis, books, copyable software and programs, DVDS, VCDs, CDs and
cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be
unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will
pay interest and be liable to the bank within the framework of the credit card
agreement between the cardholder and the bank in case of default in the event
that he/she makes the payment transactions by credit card. In this case, the
relevant bank may take legal action; may request the costs and attorney's fees
to be incurred from the BUYER, and in case of default of the BUYER due to the
BUYER's debt, the BUYER accepts, declares and undertakes that he will pay the
damage and loss incurred by the SELLER due to the delayed performance of the
debt
13. COMPETENT COURT
Complaints and objections in disputes arising from this
contract shall be made to the arbitration committee or the consumer court
for consumer problems in the place where the consumer is domiciled or where the
consumer transaction is made, within the monetary limits specified in the law
below. Below is the information on the monetary limit:
Effective 28/05/2014:
a) Article 68
of the Law No. 6502 on Consumer Protection. In accordance with the article, in
disputes with a value of less than 2,000.00 (two thousand) TL, to the district
consumer arbitration committees,
b) Provincial consumer arbitration committees in disputes
with a value of less than 3,000.00 (three thousand) TL,
c) In the provinces with metropolitan status, applications
are made to the provincial consumer arbitration committees in disputes between
2.000.00 (two thousand) TL and 3.000.00 (three thousand) TL.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the
Site, he is deemed to have accepted all the terms of this contract. The SELLER
is obliged to make the necessary software arrangements in order to obtain
confirmation that this contract has been read and accepted by the BUYER on the
site before the order is realized.
VENDOR:
BUYER:
HISTORY:
15 SALES OUTSIDE TÜRKİYE
There are no returns or exchanges for sales made outside
Türkiye.