ARTICLE 1 – PARTIES
1.1 SELLER:
1.2 BUYER:
ARTICLE 2 – SUBJECT MATTER
This contract regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically from the SELLER’s website {siteadi}, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation of Distance Contracts.
ARTICLE 3 – PRODUCT INFORMATION
Date: {tarih}
Product Details: {urunbilgileri}
Shipping Cost: {kargo}
The type, nature, quantity, brand/model, color, and sales price of the products are as specified above.
Payment Method: {odemesekli}
Delivery Address: {teslimatadresi}
{odemetablosu}
ARTICLE 4 – GENERAL PROVISIONS
4.1
The BUYER declares that they have read and understood the basic characteristics of the product, sales price, payment method, and pre-contractual information regarding delivery on the SELLER’s website {siteadi}, and have provided the necessary confirmation in electronic format.
4.2
The product shall be delivered to the BUYER or to a person/organization at the address specified by the BUYER within the timeframe specified in the pre-contractual information on the website, depending on the distance from the BUYER’s place of residence, provided that this does not exceed the legal period of 30 days.
4.3
If the product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible if such person/organization refuses to accept the delivery.
4.4
The SELLER is responsible for delivering the product in good condition, complete, in accordance with the specifications mentioned in the order, and with all warranty documents and user manuals if applicable.
4.5
For the delivery of the product, the signed copy of this contract must be received by the SELLER and the price must be paid through the payment method chosen by the BUYER. If the product price is not paid for any reason or is canceled in bank records, the SELLER shall be released from the obligation to deliver the product.
4.6
If, after delivery of the product, the BUYER’s credit card is used unlawfully by unauthorized persons in a manner not caused by the BUYER’s fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must send the product back to the SELLER within 3 days, provided that it has been delivered to them. In such cases, shipping costs shall be borne by the BUYER.
4.7
If the SELLER cannot deliver the product within the specified timeframe due to force majeure or extraordinary circumstances such as adverse weather conditions or disruption of transportation, the SELLER must notify the BUYER. In this case, the BUYER has the right to choose one of the following: request cancellation of the order, request replacement with an equivalent product if available, or request postponement of the delivery date until the obstacle is removed. If the BUYER cancels the order, the amount paid shall be refunded in full within 10 days.
4.8
Defective or damaged products covered by a warranty certificate or not may be sent to the SELLER for necessary repairs within the warranty period. In such cases, shipping costs shall be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 7 days from the date of delivery of the product to themselves or to the person/organization at the address specified by them. To exercise this right, the BUYER must notify the SELLER by fax, email, or telephone within this period, and the product must not have been used as specified in Article 6. To exercise this right, a copy of the cargo receipt showing that the product has been sent back to the SELLER and the original invoice must be returned. The product price shall be refunded within 7 days following receipt of these documents. If the original invoice is not sent, VAT and any other applicable taxes cannot be refunded. The shipping cost for products returned due to withdrawal shall be covered by the SELLER.
ARTICLE 6 – PRODUCTS NOT SUBJECT TO WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned by nature, single-use products, and products that are quick to spoil or past their expiration date. The exercise of the right of withdrawal for products is conditional upon the product’s packaging remaining unopened, undamaged, and the product itself being unused.
ARTICLE 7 – COMPETENT COURT
Disputes arising from this contract shall be resolved by Consumer Arbitration Boards or Consumer Courts in the jurisdiction of the SELLER’s place of residence, up to the value announced by the Ministry of Commerce and Industry.
Upon completion of the order, the BUYER is deemed to have accepted all terms and conditions of this contract.
DISTANCE SALES CONTRACT (SECOND PART)
This contract is concluded between the following parties on the terms and conditions specified below.
BUYER (hereinafter referred to as “BUYER”):
SELLER (hereinafter referred to as “SELLER”):
By accepting this contract, the BUYER acknowledges that they will be obligated to pay the product price, shipping costs, taxes, and any other specified charges when the order is confirmed, and that they have been informed of this matter in advance.
For the purposes of this contract, the following terms shall have the meanings assigned to them:
This contract regulates the rights and obligations of the parties regarding the sale and delivery of the product with the characteristics and sales price specified below, ordered electronically by the BUYER through the SELLER’s website, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Sales Contracts.
The prices listed and published on the website are sales prices. The published prices and promises remain valid until they are updated or changed. Prices published for a limited period remain valid until the end of that period.
SELLER INFORMATION
BUYER INFORMATION
ORDER PLACER INFORMATION
PRODUCT/PRODUCTS INFORMATION
The basic characteristics of the product/products/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until the specified date.
Article 7.2: The prices listed and published on the website are sales prices. The published prices and promises remain valid until they are updated or changed. Prices published for a limited period remain valid until the end of that period.
Article 7.3: The total sales price of the goods or services subject to this contract, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (VAT Included) |
|
|
|
|
Article 7.4: The shipping cost for the product shall be paid by the BUYER and/or SELLER.
INVOICE INFORMATION
Invoice Delivery: The invoice shall be delivered to the invoice address along with the order during delivery.
ARTICLE 9 – GENERAL PROVISIONS
9.1
The BUYER declares that they have read and understood the basic characteristics of the product, sales price, payment method, and pre-contractual information regarding delivery on the SELLER’s website, have provided the necessary confirmation in electronic format, and acknowledge that they have received accurate and complete information regarding the SELLER’s address, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information.
9.2
Each product subject to this contract shall be delivered to the BUYER or to a person and/or organization at the address specified by the BUYER within the timeframe specified in the pre-contractual information section on the website, not exceeding the legal period of 30 days, depending on the distance of the BUYER’s place of residence. If the product is not delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3
The SELLER declares and undertakes to deliver the product subject to the contract complete, in accordance with the specifications mentioned in the order, with warranty documents, user manuals, and all necessary information and documents as required, in compliance with legal regulations, free from defects, in conformity with standards, and in accordance with principles of honesty and fairness. The SELLER undertakes to maintain and improve service quality, exercise necessary care and attention during the performance of the service, and act with caution and foresight.
9.4
The SELLER may procure a different product of equal quality and price by informing the BUYER before the performance period expires and obtaining their express approval.
9.5
If the SELLER cannot fulfill the obligations arising from the contract due to the impossibility of performing the ordered product or service, the SELLER declares and undertakes to notify the BUYER in writing within 3 days from the date they become aware of the situation, and to refund the total amount to the BUYER within 14 days.
9.6
The BUYER declares and undertakes to confirm this contract electronically for the delivery of the product. The BUYER acknowledges that if the product price is not paid for any reason or is canceled in bank records, the SELLER’s obligation to deliver the product shall cease.
9.7
If, after the product is delivered to the BUYER or to a person and/or organization at the address specified by the BUYER, the BUYER’s credit card is used unlawfully by unauthorized persons and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER declares and undertakes to return the product to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8
If the SELLER cannot deliver the product within the specified timeframe due to force majeure or circumstances beyond the parties’ control that cannot be foreseen and prevent or delay the parties from fulfilling their obligations, the SELLER declares and undertakes to notify the BUYER. The BUYER also has the right to request cancellation of the order, replacement with an equivalent product if available, or postponement of the delivery date until the obstacle is removed. If the BUYER cancels the order and has made cash payments, the product amount shall be refunded in full within 14 days. If the BUYER has made payments by credit card, the product amount shall be refunded to the relevant bank within 14 days of the cancellation. The BUYER acknowledges that the average time for the bank to reflect the refunded amount to their account may be 2 to 3 weeks, and since the reflection of this amount to the BUYER’s account after its return to the bank is entirely dependent on the bank’s processing time, the BUYER cannot hold the SELLER responsible for any delays.
9.9
The SELLER has the right to contact the BUYER via correspondence, email, SMS, telephone calls, and other means for communication, marketing, notifications, and other purposes using the address, email address, fixed and mobile telephone numbers, and other contact information provided by the BUYER in the registration form or updated later. By accepting this contract, the BUYER acknowledges that the SELLER may conduct the communication activities specified above.
9.10
The BUYER shall inspect the goods/services before taking delivery and shall not accept damaged, dented, broken, or defective goods/services with torn packaging, etc., from the cargo company. It shall be presumed that the delivered goods/services are undamaged and in good condition. After delivery, the obligation to care for the goods/services rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The original invoice must be returned.
9.11
If the BUYER is not the same person as the credit card holder used during the order, or if a security vulnerability is detected in the credit card used during the order before delivery, the SELLER may request the BUYER to provide identity and contact information regarding the credit card holder, the previous month’s statement for the credit card used, or a letter from the card holder’s bank confirming that the card belongs to them. The order shall be suspended until the BUYER provides the requested information/documents. If the requested documents are not provided 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 when registering with the SELLER’s website is accurate, and that they will immediately and fully compensate the SELLER for any damage the SELLER may suffer due to the inaccuracy of this information upon the SELLER’s first notification.
9.13
The BUYER acknowledges and undertakes to comply with all applicable laws when using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities arising from such violation shall be exclusively binding on the BUYER.
9.14
The BUYER shall not use the SELLER’s website in any way that disturbs public order, violates public morality, harasses or molests others, serves an illegal purpose, or infringes on the material or moral rights of others. Additionally, the BUYER shall not engage in activities that prevent or hinder other members from using the services (spam, viruses, trojans, etc.).
9.15
The SELLER’s website may contain links to other websites owned and/or operated by third parties that are not under the SELLER’s control. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or person operating such website, nor do they guarantee the accuracy of the information contained in the linked website.
9.16
A member who violates one or more of the provisions of this contract shall be personally liable in civil and criminal law for such violation and shall hold the SELLER harmless from any civil and criminal consequences of such violation. Furthermore, if the matter is transferred to the courts due to such violation, the SELLER reserves the right to claim damages against the member for non-compliance with the membership contract.
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1
In the case of distance sales contracts for the sale of goods, the BUYER has the right to refuse the goods and withdraw from the contract within 14 (fourteen) days from the date of delivery to themselves or to a person/organization at the specified address, without incurring any legal or criminal liability and without providing any reason, provided that they notify the SELLER. For distance contracts for the provision of services, this period begins from the date of signing the contract. For service contracts where the service has commenced with the BUYER’s approval before the withdrawal period expires, the right of withdrawal cannot be exercised. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2
To exercise the right of withdrawal, the BUYER must provide written notification to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used as specified in the “Products Not Subject to Withdrawal” section of this contract, its packaging and security seals must be unopened. To exercise this right:
ARTICLE 11 – PRODUCTS NOT SUBJECT TO WITHDRAWAL
Products prepared in advance according to the BUYER’s request or clearly for their personal needs, unsuitable for return, containing hygienically packaged and single-use products with a possibility of expiration date passage, products for which it is not appropriate to return due to health and hygiene reasons after the BUYER has opened the packaging cannot be returned under the Regulation. Additionally, services that have commenced with the BUYER’s approval before the withdrawal period expires cannot be withdrawn from under the Regulation.
For first aid kits, cosmetic and personal care products contained within these kits, first aid products, medicine storage and carrying boxes, medical consumables, and single-use cosmetic and personal care products, returns can only be processed if all the following conditions are met:
Products that do not meet these conditions cannot be returned or exchanged.
ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES
When the BUYER defaults on payment by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest in accordance with the credit card contract between them and the card issuing bank and shall be responsible to the bank. In this case, the relevant bank may resort to legal remedies, request the BUYER to pay litigation costs and attorney fees, and under all circumstances, if the BUYER defaults due to delayed payment of the debt, the BUYER declares, acknowledges, and undertakes to compensate the SELLER for any loss and damage suffered due to delayed payment of the debt.
ARTICLE 13 – COMPETENT COURT
For disputes arising from this contract, complaints and objections shall be filed with the consumer dispute arbitration board or consumer court in the jurisdiction where the consumer’s place of residence is located or where the consumer transaction was conducted, within the monetary limits specified in the law below. Information regarding monetary limits is as follows:
As of 28/05/2014:
This contract is concluded for commercial purposes.
ARTICLE 14 – EFFECTIVE DATE
The BUYER is deemed to have accepted all terms and conditions of this contract upon completing payment for the order placed through the website. The SELLER is obligated to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER through the website before the order is completed.
SELLER: ___________________________
BUYER: ___________________________
DATE: ___________________________