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Distance Sales Contract
Distance Sales Contract
1.PARTIES
İşbu Sözleşme aşağıdaki taraflar arasında aşağıda belirtilen hüküm ve şartlar çerçevesinde imzalanmıştır.
“BUYER” (hereinafter referred to as “BUYER”)
Name-Surname:
Address:
“SELLER”
By accepting this contract, the BUYER acknowledges that they will be obliged to pay the price of the order and any additional charges such as shipping fees and taxes, if applicable, upon confirmation of the order.
2.DEFINITIONS
In the application and interpretation of this contract, the terms listed below shall express the meanings set forth alongside them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law No. 6502 on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods performed for a fee or benefit,
SELLER: The company that offers goods to consumers in the course of its commercial or professional activities, or acts on behalf of or on account of the seller,
BUYER: A real 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: A real or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract made between the SELLER and the BUYER,
GOOD: Tangible goods subject to the purchase and intangible assets such as software, audio, video, etc., prepared for use in electronic environments.
3.SUBJECT
This contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product for which the BUYER has placed an order electronically through the SELLER’s website, with the characteristics and sale price specified below.
The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: | Artsentez Hygiene & Cosmetics |
Address: | 8900 sokak no:25/D balatçık mah. |
Phone: | 0553 588 35 74 |
Email: | info@artsentez.com.tr |
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERING PERSON INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT INFORMATION SUBJECT TO THE CONTRACT
- The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign has been organized by the seller, you can review the basic characteristics of the relevant product during the campaign period. This is valid until the campaign date.
7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The total sale price of the goods or services, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT) |
Shipping Cost | |||
Total: |
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost for product delivery will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product subject to the contract, the sale price, payment method, and preliminary information regarding delivery on the SELLER’s website. The BUYER further acknowledges, declares, and undertakes that they have accurately and completely acquired the necessary information that the SELLER is required to provide before the establishment of the distance sales contract.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization designated by the BUYER within the time period specified on the website, depending on the distance to the BUYER’s residence, not
exceeding the legal period of 30 days. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product in complete condition, in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, and necessary documents, in compliance with legal regulations, and in a manner that is free from defects and consistent with standards, adhering to the principles of accuracy and honesty, ensuring the quality of service, showing necessary care and attention during the execution of the work, and acting with prudence and foresight.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the performance obligation arising from the contract expires.
9.5. If the performance of the obligations arising from the contract becomes impossible, the SELLER agrees, declares, and undertakes to inform the consumer 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 accepts, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and that if the payment for the product is not made for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product shall cease.
9.7. The BUYER accepts, declares, and undertakes that if the product is delivered to them or the person and/or organization designated by them and subsequently the credit card belonging to the BUYER is used fraudulently by unauthorized persons, and the amount for the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product within 3 days, with the shipping cost covered by the SELLER.
9.8. If the SELLER cannot deliver the product within the specified period due to force majeure events, which are unforeseen circumstances that prevent or delay the parties from fulfilling their obligations, the SELLER agrees to inform the BUYER. The BUYER has the right to request the cancellation of the order, substitution with a similar product, and/or postponement of the delivery period until the hindrance is removed. If the order is canceled by the BUYER, any payments made in cash will be refunded within 14 days, and if the payment was made by credit card, the amount will be refunded to the bank within 14 days after cancellation. The BUYER acknowledges that the process for the refund to be refl ected in their account may take 2 to 3 weeks, and that the SELLER is not liable for any delays.
9.9. The SELLER has the right to communicate with the BUYER via mail, email, SMS, phone calls, and other means using the address, email address, and phone numbers provided by the BUYER during the registration on the website or updated later for purposes such as communication, marketing, notifications, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the product/service before receiving it; they will not accept any damaged or defective goods (e.g., dented, broken, torn packaging) from the shipping company. The delivered product/service will be deemed to be undamaged and intact. The obligation to protect the product/service after delivery lies with the BUYER. If the right of withdrawal is to be exercised, the product/service should not be used, and the invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability regarding the credit card used in the order is detected before delivery, the SELLER may request identity and contact information of the credit card holder, the previous month’s statement for the credit card used in the order, or a document from the bank confirming that the credit card belongs to the cardholder. The order will be suspended until the requested information/documents are provided; if these 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 registering on the SELLER’s website is accurate and that they will compensate the SELLER for any damages incurred due to the inaccuracy of this information immediately in cash upon first notice.
9.13. The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities arising will solely bind the BUYER.
9.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, is contrary to general morality, harasses or annoys others, or serves an unlawful purpose that infringes on the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder the use of services by other members (spam, viruses, Trojan horses, etc.).
9.15. Links to other websites and/or content owned and/or operated by third parties, which are beyond the SELLER’s control, may be provided through the SELLER’s website. These links are placed for the convenience of the BUYER and do not support any specific website or its operator, nor do they provide any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions listed in this contract shall be personally liable for any legal and penal consequences of such violation, and the SELLER shall be held harmless from the legal and penal repercussions of these violations. Furthermore, if the issue is taken to the legal domain due to such violations, the SELLER reserves the right to seek damages from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the purchase is related to the sale of goods under a distance contract, the BUYER may use the right of withdrawal from the contract without assuming any legal or penal responsibility and without providing any reason, by rejecting the goods within 14 (fourteen) days from the delivery date of the product to themselves or to the person/entity indicated at the address. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. In service contracts where the service has started with the consumer’s consent before the withdrawal period has expired, the right of withdrawal cannot be used. The costs arising from the use 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 in advance.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used in accordance with the provisions of “Products for which the Right of Withdrawal Cannot Be Exercised” specified in this contract. In the event of exercising this right:
- The invoice of the product delivered to the person or the BUYER must be returned (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). Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.
- A return form must be included.
- The box, packaging, and any standard accessories of the products to be returned must be delivered complete and undamaged.
- The SELLER is obliged to refund the total amount and documents that put the BUYER in debt within a maximum of 10 days from the date the withdrawal notification reaches them and to receive the goods within 20 days.
- If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages to the extent of their fault. However, the BUYER shall not be responsible for changes and damages occurring as a result of proper use of the goods or products within the withdrawal period.
- If the total amount falls below the limit set for a campaign due to the use of the right of withdrawal, the discount amount obtained under the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER’s request or explicitly tailored to personal needs, disposable products, goods that are at risk of rapid deterioration or have a possibility of passing their expiration date, products that cannot be returned for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that cannot be separated due to being mixed with other products after delivery, services performed immediately in electronic environments, or intangible goods delivered instantly to the consumer cannot be returned if the packaging has been opened by the BUYER. Additionally, exercising the right of withdrawal for services initiated with the consumer’s consent before the withdrawal period has expired is also not possible according to the Regulation.
For the right of withdrawal to be exercised, the products must be unopened, untested, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment transactions made by credit card, they acknowledge, declare, and undertake that they will pay interest under the credit card agreement with the issuing bank and will be responsible to the bank. In this case, the relevant bank may take legal action; it can demand any incurred expenses and attorney fees from the BUYER. In any circumstance where the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any losses and damages incurred due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be submitted to the consumer arbitration board or consumer court located in the place of residence of the consumer or in the place where the consumer transaction was conducted, within the monetary limits specified in the relevant law.
14. EFFECTIVENESS
The Buyer is deemed to have accepted all the terms of this agreement when they complete the payment for the order placed through the Site. The Seller is obliged to make the necessary software arrangements to ensure that confirmation is received that the Buyer has read and accepted this agreement prior to the completion of the order.
Seller:
Buyer:
Date: