DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been entered into between the parties set forth below in accordance with the terms and conditions specified herein.
- ‘BUYER’ ; (hereinafter referred to as the "BUYER" in this Agreement)
- ‘SELLER’ ; (hereinafter referred to as the "SELLER" in this Agreement)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the order price and any additional charges specified, such as shipping fees and taxes, if applicable, and that the BUYER has been informed accordingly.
2.DEFINITIONS
For the implementation and interpretation of this Agreement, the terms set forth below shall have the meanings assigned to them herein.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : Law No. 6502 on Consumer Protection,
REGULATION : The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE : Any consumer transaction, other than the supply of goods, performed or undertaken 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 on behalf or for the account of the party offering such 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 owned by the SELLER,
ORDERING PARTY: The natural or legal person requesting a good or service through the SELLER's website,
PARTIES : The SELLER and the BUYER,
AGREEMENT : This agreement entered into between the SELLER and the BUYER,
GOODS : Movable property subject to shopping and intangible goods such as software, audio, images and similar products prepared for use in electronic environments.
3.SUBJECT
This Agreement governs the rights and obligations of the Parties pursuant to Law No. 6502 on Consumer Protection and the provisions of the Distance Contracts Regulation with respect to the sale and delivery of the product whose characteristics and sale price are stated below and which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the Site are sale prices. The announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.
4. SELLER INFORMATION
5. BUYER INFORMATION
6. ORDERING PARTY INFORMATION
Name/Surname/Company Name:{{order.customer.firstName}}{{order.customer.lastName}}
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
1. The basic characteristics of the goods/product/products/service (type, quantity, brand/model, color, number of units) are published on the SELLER's website. If a campaign is organized by the SELLER, the basic characteristics of the relevant product may be reviewed throughout the campaign period. The campaign is valid until the stated campaign date.
7.2. The prices listed and announced on the Site are sale prices. The announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.
7.3. The sale price of the goods or services subject to this Agreement, including all taxes, is set forth below.
| Product Description | Quantity | Unit Price | Subtotal |
| Shipping Fee | |||
| Total : | |||
Payment Method and Plan:{{paymentInfo.paymentMethodType}}
Delivery Address:{{order.shippingFullAddress}}
Person to Receive Delivery:{{order.customer.firstName}}{{order.customer.lastName}}
Billing Address:{{order.billingFullAddress}}
Order Date:{{dateInfo.orderCreateData}}
Delivery Date:
Delivery Method:
7.4. The shipping fee, which constitutes the cost of dispatching the product, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Company Name:{{merchantTitle}}{{order.customer.firstName}}{{order.customer.lastName}}
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and become informed of the preliminary information regarding the basic characteristics, sale price, payment method and delivery of the product subject to this Agreement on the SELLER's website and has provided the required electronic confirmation. By electronically confirming the Preliminary Information, the BUYER accepts, declares and undertakes that, prior to the establishment of the distance sales agreement, the BUYER has accurately and completely obtained the SELLER's address, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information that the SELLER is required to provide to the BUYER.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary 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 Agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement in full, in accordance with the specifications stated in the order and, where applicable, together with warranty documents, user manuals and any information and documents required by the nature of the transaction; to deliver the product free from defects, sound and in compliance with applicable legislation and standards; to perform its obligations in accordance with the principles of honesty and good faith; to maintain and improve service quality; to exercise due care and diligence during performance; and to act prudently and with foresight.
9.4. Before the period for performance of its contractual obligation expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER's explicit consent.
9.5. If the performance of the product or service subject to the order becomes impossible and the SELLER is therefore unable to fulfill its obligations under the Agreement, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date on which it becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER shall electronically confirm this Agreement for delivery of the product subject to the Agreement and that, if the price of the product subject to the Agreement is not paid for any reason and/or the payment is cancelled in bank records, the SELLER's obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after the product subject to the Agreement has been delivered to the BUYER or to the person and/or organization at the address designated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution due to unlawful use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the transportation costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the required period due to force majeure events, such as circumstances arising beyond the control of the Parties that could not reasonably have been foreseen and that prevent and/or delay the Parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER accordingly. The BUYER shall have the right to request from the SELLER the cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if any, and/or postponement of delivery until the obstructing circumstance ceases to exist. If the order is cancelled by the BUYER, payments made in cash shall be refunded to the BUYER in cash and in a single payment within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days following cancellation of the order by the BUYER. The BUYER accepts, 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, because the reflection of such amount in the BUYER's account after it has been refunded to the bank is entirely related to the bank's transaction process, the BUYER may not hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, email, SMS, telephone call and other means using the address, email address, landline and mobile telephone numbers and other contact information provided by the BUYER in the Site registration form or subsequently updated by the BUYER. 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 Agreement before accepting delivery and shall not accept damaged or defective goods/services from the shipping company, including goods that are dented, broken, have torn packaging or similar damage. Goods/services that have been accepted shall be deemed undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are not the same person, or if a security issue concerning the credit card used for the order is detected before the product is delivered to the BUYER, the SELLER may request that the BUYER provide the credit card holder's identification and contact information, the previous month's statement for the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to the cardholder. The order shall be placed on hold until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER shall have 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 accurate and that the BUYER shall immediately compensate the SELLER, in cash and in full upon the SELLER's first notification, for any losses incurred by the SELLER as a result of such information being inaccurate.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of applicable laws and regulations when using the SELLER's website and not to violate such provisions. Otherwise, all legal and criminal liabilities arising therefrom shall bind the BUYER fully and exclusively.
9.14. The BUYER may not use the SELLER's website in any manner that disrupts public order, violates public morality, disturbs or harasses others, serves an unlawful purpose or infringes the material or moral rights of others. In addition, the member may not engage in activities or transactions that prevent or make it difficult for others to use the services, including spam, viruses, Trojan horses and similar activities.
9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by third parties. Such links are provided solely for the convenience of directing the BUYER and do not constitute endorsement of any website or its operator, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions set forth in this Agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, if the matter is brought before legal authorities as a result 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. If the distance agreement concerns the sale of goods, the BUYER may exercise the right of withdrawal from the Agreement by rejecting the goods within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/organization at the address designated by the BUYER, without assuming any legal or criminal liability and without providing any reason, provided that the SELLER is notified. In distance agreements relating to the provision of services, this period begins on the date the Agreement is concluded. The right of withdrawal cannot be exercised in service agreements where performance of the service has begun with the consumer's consent before expiry of the withdrawal period. The costs arising from exercising the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be made to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or email, and the product must not have been used within the scope of the provisions entitled "Products for Which the Right of Withdrawal Cannot Be Exercised" set forth in this Agreement. If this right is exercised,
a) The invoice for the product delivered to a third party or the BUYER must be returned. (If the invoice for the product to be returned was issued to a corporate entity, the product must be sent together with a return invoice issued by that entity. Returns of orders invoiced to corporate entities 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 standard accessories, if any.
d) The SELLER is obliged to refund the total amount and return any documents placing the BUYER under an obligation within no later than 10 days from receipt of the withdrawal notification and to take back the goods within 20 days.
e) If the value of the goods decreases or return of the goods becomes impossible for a reason attributable to the BUYER, the BUYER shall be obliged to compensate the SELLER for its losses in proportion to the BUYER's fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product within the withdrawal period.
f) If exercising the right of withdrawal causes the order amount to fall below the campaign limit set by the SELLER, the discount received within the scope of the campaign shall be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the Regulation, returns are not possible for goods prepared according to the BUYER's request or clearly personalized needs and which are not suitable for return; bottom parts of underwear, swimsuit and bikini bottoms, cosmetics, disposable products, goods that are liable to deteriorate rapidly or whose expiration date is likely to pass; products that are unsuitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; goods which, after delivery, become mixed with other products and by their nature cannot be separated; goods relating to periodical publications such as newspapers and magazines, except those supplied under a subscription agreement; services performed instantly in electronic environments or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices and computer consumables where their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer's consent before expiry of the withdrawal period.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must be unopened and the products must not have been tested, damaged or used.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payment by credit card and defaults on payment, the BUYER accepts, declares and undertakes that interest shall be payable pursuant to the credit card agreement between the BUYER and the card-issuing bank and that the BUYER shall be liable to the bank. In such case, the relevant bank may take legal action and may claim the resulting expenses and attorneys' fees from the BUYER. In all circumstances, if the BUYER defaults on the debt, the BUYER accepts, declares and undertakes to compensate the SELLER for any loss and damage suffered as a result of delayed performance of the debt.
13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified in the law below, to the consumer arbitration committee or consumer court located in the consumer's place of residence or in the place where the consumer transaction was carried out. Information regarding the monetary limits is provided below:
Effective from 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, disputes with a value below TRY 2,000.00 (two thousand Turkish lira) shall be submitted to district consumer arbitration committees,
b) Disputes with a value below TRY 3,000.00 (three thousand Turkish lira) shall be submitted to provincial consumer arbitration committees,
14. EFFECTIVE DATE
When the BUYER makes payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. Before completion of the order, the SELLER is obliged to make the necessary software arrangements to obtain confirmation that this Agreement has been read and accepted by the BUYER on the Site.
SELLER:HC Global Lojistik Hizmetleri Limited Şirketi
BUYER:{{order.customer.firstName}}{{order.customer.lastName}}
DATE:{{dateInfo.orderCreateData}}