Distance Sales Agreement
DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been signed between the parties below under the terms and conditions set out below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. The 'SELLER' ; (hereinafter referred to as the "SELLER" in the contract)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that, once they confirm the order that is the subject of this agreement, they will be obliged to pay the order price and any additional charges stated, such as the shipping fee and taxes, if applicable, and that they have been informed of this.
2.DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall have the meanings set out opposite them.
THE MINISTER: the Minister of Trade,
MINISTRY: The Ministry of Trade (Customs and Trade),
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: Refers to the subject of any consumer transaction other than the supply of goods, carried out or promised in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts in the name or on behalf of the party offering goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The SELLER's website,
ORDERER: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: Refers to the SELLER and the BUYER,
CONTRACT: The parties, the SELLER and the BUYER, hereby enter into this contract,
GOODS: Refers to movable items subject to the purchase, as well as software, audio, video and similar intangible goods prepared for use in electronic environments.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, regarding the sale and delivery of the product ordered by the BUYER electronically through the SELLER's website, the features and sale price of which are specified below.
The prices listed and announced on the site are selling prices. Announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to receive the delivery
Delivery Address
Phone
Fax
E-mail/username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The main features of the goods / products / service (type, quantity, brand/model, colour, number of units) are published on the SELLER's website. If the Seller is running a campaign, you can review the main features of the relevant product for the duration of the campaign. It is valid until the campaign end date.
7.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited period are valid until the end of the stated period.
7.3. The sale price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to Receive the Delivery
Billing Address
Order Date
Delivery date
Delivery Method
7.4. The shipping cost for the product, i.e. the cargo fee, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/username
Invoice delivery: The invoice is delivered with the order to the invoice address at the time of delivery.
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER declares, accepts and undertakes that they have read the preliminary information on the basic features of the product subject to the contract, its sales price, payment method and delivery on the SELLER's website, that they are informed of it, and that they have given the necessary confirmation electronically. The BUYER also declares, accepts and undertakes that, by confirming the Preliminary Information electronically, they have obtained, correctly and completely, before the distance sales contract was concluded, the address that the SELLER is required to provide to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER, or to the person and/or entity at the address indicated by the BUYER, within the period stated in the pre-information section of the website depending on the distance of the BUYER's place of residence, provided that the statutory period of 30 days is not exceeded. 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 agrees, declares and undertakes to deliver the product subject to the Contract complete, in conformity with the specifications stated in the order, and together with any warranty documents, user manuals and the information and documents required by the nature of the work; to perform the work free from any defect, soundly and in compliance with standards in accordance with the requirements of applicable legislation, within the principles of accuracy and honesty; to maintain and improve the quality of service; to exercise due care and diligence in performing the work; and to act with prudence and foresight.
9.4. Before the performance period of the contractual obligation expires, the SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and their explicit consent is obtained.
9.5. If the SELLER cannot fulfil its contractual obligations because performance of the ordered product or service has become impossible, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of becoming aware of this, and to refund the total amount to the BUYER within 14 days.
9.6. THE BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product is not paid for any reason and/or is cancelled in the bank records, THE SELLER's obligation to deliver the product will end.
9.7. If, after the product subject to the Contract has been delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER, the credit card belonging to the BUYER is used unlawfully by unauthorised persons and, as a result, the price of the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER acknowledges, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the contract on time due to force majeure events, such as circumstances that arise beyond the parties' control, cannot be foreseen in advance, and prevent and/or delay the parties from fulfilling their obligations, the SELLER acknowledges, declares and undertakes to notify the BUYER of the situation. The BUYER, in turn, has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent one, if available, and/or the postponement of the delivery period until the obstructing circumstance ceases to exist. If the BUYER cancels the order, for payments made by the BUYER in cash, the product price shall be refunded to the BUYER in cash and in a single lump sum within 14 days. For payments made by the BUYER by credit card, the product price shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that, since the reflection of this amount in the BUYER's accounts after its refund to the bank depends entirely on the bank's processing procedures, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, using the address, e-mail address, landline and mobile phone numbers and other contact details that the BUYER stated in the site registration form or later updated. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.
9.10. The BUYER shall inspect the goods/services subject to the contract before accepting delivery; the BUYER shall not accept from the courier company any goods/services that are damaged or defective, such as dented, broken or torn-packaging items. Goods/services that are accepted shall be deemed undamaged and intact. After delivery, the obligation to take due care of the goods/services rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used at the time of ordering are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may ask the BUYER to submit the identity and contact details of the credit card holder, the previous month's statement for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if the said 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 when registering on the SELLER's website is true and accurate, and that the BUYER will compensate the SELLER in cash and in a lump sum, immediately upon the SELLER's first notice, for all losses the SELLER may suffer as a result of any inaccuracy in this information.
9.13. The BUYER agrees and undertakes from the outset to comply with the provisions of applicable legislation and not to violate them when using the SELLER's website. Otherwise, all legal and criminal liabilities that arise shall be borne fully and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. The SELLER's website may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are provided solely to help the BUYER navigate, and they do not constitute an endorsement of any website or of the person operating it, nor do they carry any warranty regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions listed in this agreement shall be personally liable, both criminally and civilly, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, should the matter be brought before the courts because of such violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, provided that the SELLER is notified within 14 (fourteen) days from the date the product is delivered to the BUYER or to the person/organisation at the address the BUYER has indicated. For distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer's approval before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to THE SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax or e-mail, and the product must not have been used, within the scope of the provisions on "Products Exempt from the Right of Withdrawal" set out in this Agreement. If this right is exercised,
a) The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the company when returning. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and any standard accessories, if applicable.
d) The SELLER is obliged to refund the total amount and any documents that place the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.
e) If the value of the goods decreases for a reason attributable to the BUYER's fault, or if returning them becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration that occur through proper use of the goods or product within the right of withdrawal period.
f) If the amount falls below the campaign threshold set by the SELLER due to the exercise of the right of withdrawal, the discount received under the campaign is cancelled.
11. PRODUCTS EXEMPT FROM THE RIGHT OF WITHDRAWAL
The following are not eligible for return under the Regulation: goods prepared at the BUYER's request or clearly according to their personal needs and which cannot be returned; underwear bottoms, swimwear and bikini bottoms, make-up products and disposable products; goods that are liable to deteriorate quickly or whose expiry date may pass; products that are not suitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products that, after delivery, become mixed with other products and by their nature cannot be separated; periodicals such as newspapers and magazines, except those supplied under a subscription agreement; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables if their packaging has been opened by the BUYER. In addition, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's approval before the withdrawal period has expired.
To be eligible for return, cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programmes, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must have their packaging unopened, untested, undamaged and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on payment when paying by credit card, the BUYER acknowledges, declares and undertakes that they will pay interest under the credit card agreement between them and the cardholder's bank and will be liable to the bank. In that case, the relevant bank may take legal action and claim the resulting costs and attorney's fees from the BUYER; and in any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares and undertakes that they will compensate the SELLER for any loss and damage the SELLER suffers as a result of the late performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be submitted, within the monetary limits set out in the law below, to the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction was made. Information on the monetary limits is below:
Effective from 01/01/2017, the value for applications to consumer arbitration committees in 2017 is:
a) In disputes below TRY 2.400 (two thousand four hundred Turkish Lira), the district consumer arbitration committees,
b) In provinces with metropolitan status, for disputes between 2.400 (two thousand four hundred) Turkish Lira and 3.610 (three thousand six hundred and ten) Turkish Lira, the provincial consumer arbitration committees,
c) In disputes below 3.610 (three thousand six hundred and ten) Turkish Lira in the centres of provinces that do not have metropolitan status, the provincial consumer arbitration committees,
ç) In districts of provinces that do not have metropolitan status, the provincial consumer arbitration committees are competent for disputes between 2.400 (two thousand four hundred) Turkish Lira and 3.610 (three thousand six hundred and ten) Turkish Lira.
This Agreement is entered into for commercial purposes.
14. ENTRY INTO FORCE
The BUYER is deemed to have accepted all terms of this agreement upon making payment for an order placed through the Site. Before the order is completed, the SELLER is obliged to make the necessary software arrangements so that the BUYER's confirmation that this agreement has been read and accepted on the Site is obtained.
SELLER:
BUYER:
DATE:
**THIS IS AN EXAMPLE. ADAPT IT TO SUIT YOUR OWN SITE BEFORE USE**
DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been signed between the parties below under the terms and conditions set out below.
'BUYER'; (hereinafter referred to in the contract as the "BUYER")
FULL NAME:
ADDRESS:
'SELLER'; (hereinafter referred to as "SELLER" in the contract)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that, once they confirm the order that is the subject of this agreement, they will be obliged to pay the order price and any additional charges stated, such as the shipping fee and taxes, if applicable, and that they have been informed of this.
2.DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall have the meanings set out opposite them.
THE MINISTER : the Minister of Trade,
MINISTRY: The Ministry of Trade (Customs and Trade),
LAW: Consumer Protection Law No. 6502 (6502 sayılı Tüketicinin Korunması Hakkında Kanun),
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: Refers to the subject of any consumer transaction other than the supply of goods, made or promised in return for a fee or other benefit,
SELLER: The company that supplies goods to the consumer as part of its commercial or professional activities, or acts in the name or on behalf of the party supplying the goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: refers to the SELLER and the BUYER,
CONTRACT: This contract, concluded between the SELLER and the BUYER,
GOODS: Refers to movable items that are the subject of the purchase, as well as intangible goods such as software, audio, video and the like prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, regarding the sale and delivery of the product ordered by the BUYER electronically through the SELLER's website, the features and sale price of which are specified below.
The prices listed and announced on the site are selling prices. Announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Person to receive the delivery
Delivery Address
Phone
Fax
E-mail/username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The main features of the goods / products / service (type, quantity, brand/model, colour, number of units) are published on the SELLER's website. If the Seller is running a campaign, you can review the main features of the relevant product for the duration of the campaign. It is valid until the campaign end date.
7.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited period are valid until the end of the stated period.
7.3. The sale price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description | Qty | Unit Price | Subtotal |
Shipping Cost | |||
Total: |
Payment Method and Plan
Delivery Address
Person to Receive the Delivery
Billing Address
Order Date
Delivery date
Delivery Method
7.4. The shipping cost for the product, i.e. the cargo fee, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/username
Invoice delivery: The invoice is delivered together with the order at the invoice address during order delivery
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER declares, accepts and undertakes that they have read the preliminary information on the basic features of the product subject to the contract, its sales price, payment method and delivery on the SELLER's website, that they are informed of it, and that they have given the necessary confirmation electronically. The BUYER also declares, accepts and undertakes that, by confirming the Preliminary Information electronically, they have obtained, correctly and completely, before the distance sales contract was concluded, the address that the SELLER is required to provide to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER, or to the person and/or entity at the address indicated by the BUYER, within the period stated in the pre-information section of the website depending on the distance of the BUYER's place of residence, provided that the statutory period of 30 days is not exceeded. 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 agrees, declares and undertakes to deliver the product subject to the Contract complete, in conformity with the specifications stated in the order, and together with any warranty documents, user manuals and the information and documents required by the nature of the work; to perform the work free from any defect, soundly and in compliance with standards in accordance with the requirements of applicable legislation, within the principles of accuracy and honesty; to maintain and improve the quality of service; to exercise due care and diligence in performing the work; and to act with prudence and foresight.
9.4. Before the performance period of the contractual obligation expires, the SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and their explicit consent is obtained.
9.5. If the SELLER cannot fulfil its contractual obligations because performance of the ordered product or service has become impossible, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of becoming aware of this, and to refund the total amount to the BUYER within 14 days.
9.6. THE BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product is not paid for any reason and/or is cancelled in the bank records, THE SELLER's obligation to deliver the product will end.
9.7. If, after the product subject to the Contract has been delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER, the credit card belonging to the BUYER is used unlawfully by unauthorised persons and, as a result, the price of the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER acknowledges, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the contract on time due to force majeure events, such as circumstances that arise beyond the parties' control, cannot be foreseen in advance, and prevent and/or delay the parties from fulfilling their obligations, the SELLER acknowledges, declares and undertakes to notify the BUYER of the situation. The BUYER, in turn, has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent one, if available, and/or the postponement of the delivery period until the obstructing circumstance ceases to exist. If the BUYER cancels the order, for payments made by the BUYER in cash, the product price shall be refunded to the BUYER in cash and in a single lump sum within 14 days. For payments made by the BUYER by credit card, the product price shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that, since the reflection of this amount in the BUYER's accounts after its refund to the bank depends entirely on the bank's processing procedures, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, using the address, e-mail address, landline and mobile phone numbers and other contact details that the BUYER stated in the site registration form or later updated. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.
9.10. The BUYER shall inspect the goods/services subject to the contract before accepting delivery; the BUYER shall not accept from the courier company any goods/services that are damaged or defective, such as dented, broken or torn-packaging items. Goods/services that are accepted shall be deemed undamaged and intact. After delivery, the obligation to take due care of the goods/services rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used at the time of ordering are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may ask the BUYER to submit the identity and contact details of the credit card holder, the previous month's statement for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if the said 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 when registering on the SELLER's website is true and accurate, and that the BUYER will compensate the SELLER in cash and in a lump sum, immediately upon the SELLER's first notice, for all losses the SELLER may suffer as a result of any inaccuracy in this information.
9.13. The BUYER agrees and undertakes from the outset to comply with the provisions of applicable legislation and not to violate them when using the SELLER's website. Otherwise, all legal and criminal liabilities that arise shall be borne fully and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. The SELLER's website may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are provided solely to help the BUYER navigate, and they do not constitute an endorsement of any website or of the person operating it, nor do they carry any warranty regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions listed in this agreement shall be personally liable, both criminally and civilly, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, should the matter be brought before the courts because of such violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, provided that the SELLER is notified within 14 (fourteen) days from the date the product is delivered to the BUYER or to the person/organisation at the address the BUYER has indicated. For distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer's approval before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to THE SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax or e-mail, and the product must not have been used, within the scope of the provisions on "Products Exempt from the Right of Withdrawal" set out in this Agreement. If this right is exercised,
a) The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the company when returning. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and any standard accessories, if applicable.
d) The SELLER is obliged to refund the total amount and any documents that place the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.
e) If the value of the goods decreases for a reason attributable to the BUYER's fault, or if returning them becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration that occur through proper use of the goods or product within the right of withdrawal period.
f) If the amount falls below the campaign threshold set by the SELLER due to the exercise of the right of withdrawal, the discount received under the campaign is cancelled.
11. PRODUCTS EXEMPT FROM THE RIGHT OF WITHDRAWAL
The following are not eligible for return under the Regulation: goods prepared at the BUYER's request or clearly according to their personal needs and which cannot be returned; underwear bottoms, swimwear and bikini bottoms, make-up products and disposable products; goods that are liable to deteriorate quickly or whose expiry date may pass; products that are not suitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products that, after delivery, become mixed with other products and by their nature cannot be separated; periodicals such as newspapers and magazines, except those supplied under a subscription agreement; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables if their packaging has been opened by the BUYER. In addition, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's approval before the withdrawal period has expired.
To be eligible for return, cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programmes, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must have their packaging unopened, untested, undamaged and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on payment when paying by credit card, the BUYER acknowledges, declares and undertakes that they will pay interest under the credit card agreement between them and the cardholder's bank and will be liable to the bank. In that case, the relevant bank may take legal action and claim the resulting costs and attorney's fees from the BUYER; and in any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares and undertakes that they will compensate the SELLER for any loss and damage the SELLER suffers as a result of the late performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be submitted, within the monetary limits set out in the law below, to the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction was made. Information on the monetary limits is below:
Valid as of 28/05/2014:
a) Pursuant to Article 68 of Consumer Protection Law No. 6502, for disputes with a value below 2.000,00 (two thousand) TL, to the district consumer arbitration committees,
b) For disputes with a value below 3.000,00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes with a value between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL are referred to the provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.
14. ENTRY INTO FORCE
The BUYER is deemed to have accepted all terms of this agreement upon making payment for an order placed through the Site. Before the order is completed, the SELLER is obliged to make the necessary software arrangements so that the BUYER's confirmation that this agreement has been read and accepted on the Site is obtained.
SELLER:
BUYER:
DATE: