DISTANCE SELLING AGREEMENT
DISTANCE SELLING AGREEMENT
ARTICLE 1 - PARTIES
This Agreement has been accepted between the parties below within the scope of the provisions and conditions specified below.
A. 'Şireli Baklava': (hereinafter referred to as the "SELLER" in this agreement)
B. 'BUYER': (hereinafter referred to as the "BUYER" in this agreement)
1.1 SELLER
Name | Şireli Baklava |
Address | Gazimuhtar Paşa Bulv. No:29, 27090 Şehitkamil/Gaziantep |
Phone | +905358847111 |
Email Address | info@sirelibaklava.com |
Return Address | Gazimuhtar Paşa Bulv. No:29, 27090 Şehitkamil/Gaziantep |
1.2 BUYER
Full Name | |
Address | %alici_adres% |
Phone | %alici_tel% |
Email Address | %alici_eposta% |
%sepet_urunler%
Payment Method | %odeme_tur% |
VAT Amount | %siparis_kdv% |
Total Amount to be Paid (Including VAT) | %siparis_toplam% |
Delivery Address | %alici_adres% |
Recipient for Delivery | |
Billing Address | %fatura_adres% |
SELLER
Şireli Baklava |
BUYER
DATE
%tarih% |
By accepting this agreement, the BUYER acknowledges that by confirming the order subject to the contract, they undertake the obligation to pay the order amount, including the order value, shipping fees, taxes, and other specified additional charges, and that they have been informed about this in advance and agree to it.
ARTICLE 2 - DEFINITIONS
In the implementation and interpretation of this agreement, the terms listed below shall indicate the explanations written next to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction made or undertaken for a fee, benefit, excluding the provision of goods,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf of or for the account of the company offering the goods,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SYSTEM: The software owned by the SELLER,
ORDERING PARTY: A real or legal person who requests a good or service from the SELLER's system,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract entered into between the SELLER and the BUYER,
GOODS: Movable property subject to purchase and intangible assets such as software, sound, image, and similar goods prepared for use in electronic media.
ARTICLE 3 - SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, concerning the sale and delivery of the product specified above in terms of its qualities and sales price, which the BUYER has placed an order for electronically through the system owned by the SELLER.
The prices listed and announced in the system are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.
ARTICLE 4 - INFORMATION ABOUT THE SUBJECT OF THE AGREEMENT PRODUCT/PRODUCTS
4.1. The basic specifications of the Product(s) (type, quantity, amount) are published in the SELLER's system. If a campaign is organized by the Seller, you can review the basic specifications of the relevant product during the campaign period. Valid until the campaign date.
4.2. The prices listed and announced in the system are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.
4.3. The total selling price of the goods or services subject to the contract, including all taxes, is indicated below.
4.4. The shipping cost for the product, such as shipping/bus fee, will be paid by the BUYER.
5. INVOICE DETAILS
Full Name | |
Address | %fatura_adres% |
Phone | %alici_tel% |
Email Address |
%alici_eposta%
|
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the order delivery process.
6. GENERAL PROVISIONS
6.1. The BUYER acknowledges, declares, and undertakes that they have read the basic characteristics of the product subject to the contract, its sales price, payment method, and pre-information regarding delivery in the SELLER's system, and that they are informed, accept, declare, and undertake that they have given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have accurately and completely obtained the address to be provided to the BUYER by the SELLER before the establishment of the distance sales contract, the basic specifications of the products ordered, the price including taxes of the products, payment, and delivery information.
6.2. Each product subject to the contract will be delivered to the BUYER or to the person and/or organization indicated by the BUYER at the address specified in the preliminary information section of the system within the period stated therein, not exceeding the legal 30-day period, depending on the distance of the BUYER's place of residence. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
6.3. The SELLER undertakes, accepts, and declares that they will deliver the product subject to the contract completely and with accurate information and documents in accordance with the specified qualities in the order, will perform the work in accordance with the legal requirements excluding any defects, in a manner compatible with the standards, will preserve and enhance the quality of service, will show the necessary care and attention during the performance of the work, and will act with caution and foresight, in accordance with the principles of honesty and integrity.
6.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
6.5. If the performance of the product or service subject to the order becomes impossible, the SELLER shall notify the consumer in writing within 2 days from the date of learning this situation and shall refund the total amount to the BUYER, excluding the delivery (shipping) fee, within 14 days, accepting, declaring, and undertaking this.
6.6. The BUYER undertakes, accepts, and declares that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and in the event that the price of the product subject to the contract is not paid for any reason and/or canceled in the bank records, the BUYER accepts, declares, and undertakes that the SELLER's obligation to deliver the product subject to the contract will be terminated.
6.7. The BUYER accepts, declares, and undertakes that in the event that the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days at their own expense, provided that it is not a perishable food product.
6.8. In the event that force majeure circumstances arise that are beyond the control of the parties, not previously foreseeable, and prevent or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of this situation. The BUYER has the right to request cancellation of the order, replacement of the product subject to the contract with its equivalent if available, and/or postponement of the delivery period until the obstacle ceases. In case of cancellation of the order by the BUYER, the product amount will be refunded to the BUYER in cash within 14 days for payments made in cash. For payments made with a credit card, the product amount will be 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 period for the reflection of the refunded amount to their accounts by the bank after it is refunded to the credit card by the SELLER may take 2 to 3 weeks, and since this process is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.
6.9. The SELLER has the right to communicate with the BUYER via mail, e-mail, SMS, telephone calls, and other means for communication, marketing, notifications, and other purposes through the address, e-mail address, fixed and mobile phone lines, and other contact information specified in the registration form of the system by the BUYER or updated later by themselves. By accepting this agreement, the BUYER acknowledges and declares that the SELLER can engage in the communication activities mentioned above for them.
6.10. The BUYER will inspect the product/service subject to the contract before accepting delivery; they will not accept damaged or defective products/services, such as dented, broken, torn packaging, from the shipping company. The received product/service will be deemed undamaged and in good condition. After delivery, it is the responsibility of the BUYER to protect the product/service carefully. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice must be returned.
6.11. If the holder of the credit card used during the order process by the BUYER is not the same person as the BUYER or if there is a security vulnerability related to the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder stating that the credit card belongs to them. During the period until the requested information/documents are provided by the BUYER, the order will be put on hold, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
6.12. The BUYER declares and undertakes that the personal and other related information provided to the system by the BUYER while becoming a member of the SELLER's system is accurate, and in the event of any damages incurred by the SELLER due to the inaccuracy of this information, the BUYER will compensate these damages immediately, in cash and at once, upon the SELLER's first notification.
6.13. The BUYER agrees and undertakes to comply with legal regulations while using the SELLER's system and not to violate them. Otherwise, all legal and penal liabilities that may arise will be fully and exclusively binding on the BUYER.
6.14. The BUYER shall not use the SELLER's system in any way that disrupts public order, is contrary to general morality, harasses and disturbs others, or serves an illegal purpose, and shall not infringe upon the material and moral rights of others. Additionally, the member shall not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
6.15. Links to other systems operated by the SELLER, third parties, or other content can be provided through the SELLER's system. These links are provided for the ease of navigation for the BUYER and do not endorse the system or the person operating the system and do not imply any guarantee regarding the information contained in the linked system.
6.16. The member who violates one or more of the provisions listed in this contract shall be personally responsible, both legally and criminally, for such violations. The SELLER shall be free from any legal and criminal consequences of these violations. In addition, due to such violations, if the matter is referred to the legal arena, the SELLER reserves the right to claim compensation from the member for the non-compliance with the membership agreement.
7. RIGHT OF WITHDRAWAL
7.1. In the case of distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal from the contract without assuming any legal or penal liability and without stating any reason, by rejecting the product within 2 (two) days from the delivery date to themselves or the person/organization at the indicated address, provided that they notify the SELLER. This right is applicable if the product is a perishable food product. In the case of distance contracts for the provision of services, this period shall commence from the signing of the contract. In service contracts where the service has been started with the consumer's approval before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
7.2. To exercise the right of withdrawal within the 2 (two) day period, written notification must be sent to the SELLER by registered mail, fax, or e-mail, and the product must not be used within the framework of the provisions regarding "Products for Which the Right of Withdrawal Cannot Be Used" specified in this contract. In case this right is exercised:
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the company. Returns of orders made on behalf of companies cannot be completed if an RETURN INVOICE is not issued.)
b) Return form,
c) The box of the products to be returned, packaging, and, if available, standard accessories must be delivered complete and undamaged.
d) The SELLER is obligated to refund the total price to the BUYER and return the documents that put the BUYER under obligation within a maximum of 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER shall be liable to compensate the SELLER for their losses in proportion to their fault. However, the BUYER is not responsible for any changes or deterioration in the product or item that occur due to proper use during the withdrawal period.
f) If the right of withdrawal is exercised and the campaign limit amount set by the SELLER falls below, the discount amount enjoyed under the campaign shall be cancelled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Disposable products that are prepared according to the BUYER's request or clearly tailored to their personal needs and cannot be returned, perishable goods, or goods with a risk of expiration date, products that are not suitable for return due to health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that have mixed with other products and cannot be separated by their nature, cannot be returned if their packaging is opened by the BUYER, as required by the Regulation. In addition, the right of withdrawal cannot be exercised for services that have been started with the consumer's approval before the expiration of the withdrawal period, as required by the Regulation.
Furthermore, the packaging of the product purchased by the BUYER must be unopened, undamaged, and unused for the product to be returned.
9. DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER defaults on payment made by credit card, they acknowledge, declare, and undertake that they will pay interest to the bank in accordance with the credit card agreement between the cardholder bank and themselves and be liable to the bank. In this case, the relevant bank may apply legal remedies, demand the expenses and attorney fees from the BUYER, and in any case, in case of the BUYER's default due to their debt, the BUYER accepts, declares, and undertakes to compensate the losses and damages incurred by the SELLER.
10. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer dispute resolution board or consumer court in the settlement of the consumer or the place where the consumer transaction is carried out, within the monetary limits specified in the law below:
As of 01/01/2017, for applications to the consumer arbitration committees in 2017, the values are as follows:
a) For disputes with a value of up to 2,400 (two thousand four hundred) Turkish Liras, district consumer arbitration committees,
b) For disputes with a value between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in metropolitan cities, provincial consumer arbitration committees,
c) For disputes with a value of up to 3,610 (three thousand six hundred ten) Turkish Liras in the centers of non-metropolitan cities, provincial consumer arbitration committees,
ç) For disputes with a value between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts of non-metropolitan cities, provincial consumer arbitration committees have been authorized.
This Agreement is made for commercial purposes.
11. EFFECTIVENESS
The BUYER shall be deemed to have accepted all the terms of this agreement when the payment for the order placed via the System is completed. The SELLER has made necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the System prior to the execution of the order.
SELLER:
Şireli Baklava |
BUYER:
DATE:
%tarih% |