Distance Sales Contract Sample
Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product {{SabitTanimlar.site_adres}} the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website https:// {{SabitTanimlar.site_adres}}.
The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and online manner about the seller's name, title, full address, telephone and other contact information, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to exercise this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website http:// {{SabitTanimlar.site_adres}} and the invoice issued upon the order placed by the buyer are integral parts of this agreement.
Contractual Product/Payment/Delivery Information
The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee for the product(s) purchased electronically are as follows. The person to be invoiced must be the same person who signed the contract. The information below must be accurate and complete. The buyer agrees to fully cover any damages arising from inaccuracies or incompleteness of this information and accepts all liability arising from this situation.
SELLER reserves the right to suspend an order if deemed necessary and if the information provided by the BUYER does not correspond to the actual order. If SELLER detects a problem with the order and is unable to reach the BUYER via the phone, email, or mailing address provided by the BUYER, SELLER will suspend the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order to prevent any damage to either party.
Product(s) Purchased
Total Sales Price: {{Siparis.total}} – {{Siparis.currency}}
Payment Method: {{Siparis.payment_method_title}}
Delivery Person: {{Siparis.shipping.first_name}} {{Siparis.shipping.last_name}}
Phone number: {{Siparis.shipping.phone}}
Delivery Address: {{Siparis.shipping.address_1}} {{Siparis.shipping.address_2}} {{Siparis.shipping.city}}
Person/Institution to be Invoiced: {{Siparis.company}}
Billing Address: {{Siparis.billing.address_1}} {{Siparis.billing.address_2}} {{Siparis.billing.city}}
Shipping Fee: {{Siparis.shipping_total}} - {{Siparis.currency}}
Contract Date and Force Majeure
The contract date is {{SabitTanimlar.ImzaTarihi}} , which is the date the order is placed by the buyer.
Force majeure shall be deemed to be any circumstance that was not present or foreseeable at the time the contract was signed, that develops beyond the control of the parties, and that renders it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities undertaken under the contract, or to fulfill them on time (natural disaster, war, terrorism, riot, changing legislation, seizure or strike, lockout, significant malfunction of production and communication facilities, etc.). The party experiencing the force majeure shall immediately notify the other party in writing of the situation.
During the continuation of force majeure, the parties will not be held liable for any failure to perform their obligations. If this force majeure continues for 30 (thirty) days, each party will have the right to unilateral termination.
Seller's Rights and Obligations
5.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot make purchases from {{SabitTanimlar.firmadi}} . The seller will assume that the buyer's age stated in the contract is correct. However, the seller will not be held liable in any way if the buyer provides an incorrect age.
5.2. https:// {{SabitTanimlar.site_url}} is not responsible for pricing errors resulting from system errors. Therefore, the seller is not responsible for advertising or pricing errors that may occur due to the system, design, or illegal interventions on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. You can make purchases at https:// {{SabitTanimlar.site_url}} by credit card (Visa, MasterCard , etc.) or bank transfer. Orders for which the transfer is not made within one week of the order date will be canceled. The time the order is processed is not the time the order is placed, but the time the necessary collection from the credit card account is made or the transfer (EFT) reaches the bank account. Payment methods such as paid shipment or postal checks that are made without consultation with customer service will not be accepted.
Buyer's Rights and Obligations
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.
6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that he/she has received information on the website https:// {{SabitTanimlar.site_url}} regarding the name, title, full address, telephone and other contact information of the seller, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to use this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., in a clear, understandable and online manner and that he/she has confirmed this preliminary information electronically.
6.4. Subject to the previous article, the Buyer declares that he/she has read and is aware of the {{SabitTanimlar.site_url}} order/payment/usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.
6.5. If the Buyer wishes to return the purchased product, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
Order/Payment Procedure
Order:
After the VAT-inclusive TL amount (total installment amounts in installment transactions) of the products added to the shopping cart is approved by the buyer, they are processed through the POS of the relevant bank card. Therefore, orders are processed before they are shipped.
An order confirmation email is sent to the customer first. Shipment will not be made until the Order Confirmation email is sent.
Any disruptions in the process or credit card issues that may arise will be notified to the buyer via one or more of the phone, fax, or email methods specified in the contract. If necessary, the buyer may be asked to contact their bank. Orders are processed not when the order is placed, but when the necessary credit card payment is made or when the transfer (EFT) reaches the seller's account.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the buyer can be immediately informed in a clear and understandable manner and given his/her approval, another good of equal quality and price can be sent to the buyer, or, in line with the buyer's wish and choice, another new product can be sent, it can be waited for the product to be in stock or for the other obstacle to delivery to be eliminated and/or the order can be cancelled.
If the obligation to deliver the goods becomes impossible, the buyer will be notified of the situation, the total price paid and any documents that would obligate the buyer will be returned to the buyer within ten days at the latest, and the contract will be cancelled. In such a case, the buyer will not have any claim against the seller for any additional material or moral damages.
Payment:
At http:// {{SabitTanimlar.site_url}} , buyers who prefer not to use their credit card information online are offered the option to place an order via cash transfer. When paying via transfer, the buyer can choose the bank most convenient for them and make the transfer. If an EFT is made, the date of payment will be taken into account. When making a transfer and/or EFT, the "Sender Information" must match the Invoice Information and include the order number.
If, after delivery of the product, the relevant bank or financial institution fails to pay the Seller the price of the product due to the unfair or illegal use of the Buyer's credit card by unauthorized persons not due to the Buyer's fault, the Buyer is obligated to return the delivered product to the Seller within 10 days. In such cases, shipping costs are the Buyer's responsibility.
If the Buyer has chosen to pay by credit card, the BUYER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information with his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the legislation in force.
Shipping/Delivery Procedure
Shipping:
Once the order confirmation email is sent, the product(s) are delivered to the cargo company with which the seller has a contract.
Delivery:
The product(s) will be delivered to the buyer's address via the courier service agreed upon by the seller. The delivery period is 30 days from the date the order confirmation email is sent and the contract is established. This period may be extended by a maximum of ten days, provided the buyer is notified in advance in writing or via a permanent data carrier.
Products are sent to areas where cargo companies do not deliver to addresses with a phone call notification.
In areas where the courier company delivers once a week, the specified delivery time may be delayed due to inaccuracies or omissions in the shipping information, certain social events, and natural disasters. The buyer cannot hold the seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any additional shipping costs that may arise due to the delivery person/organization refusing to accept delivery, inaccuracies in the shipping information, and/or the Buyer's absence. If the product(s) have not arrived within the specified days, delivery problems should be reported immediately to customer service using the email address {{SabitTanimlar.firmaemail}} .
In the event of a damaged package, the damaged package should not be accepted and a report should be filed with the courier company. If the courier company officer determines that the package is not damaged, the buyer has the right to open the package on-site, verify that the products were delivered undamaged, and request that a report be prepared to document the situation. Once the package is received by the buyer, the courier company is deemed to have fulfilled its duty. If the package is not accepted and a report is filed, the situation should be reported to the seller's Customer Service as soon as possible, along with the buyer's copy of the report.
Guarantee
Products that are used and cleaned in accordance with the instructions for use are guaranteed against any manufacturing defects for 2 years under the following conditions: The seller's warranty liability applies only to consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Security
The information provided by the Buyer to the Seller for payment purposes, as well as the information specified in this contract, will not be shared with third parties by the Seller.
The seller may only disclose this information if there is an administrative/legal obligation to do so. If the seller possesses the requested information, they may provide it to the relevant authorities in connection with any legal investigation that has documented investigative capacity.
Credit Card information is not stored at all. Credit Card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after authorization.
Information such as the buyer's email address, mailing address, and phone number are used solely by the seller for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the buyer after their approval.
Competent Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the Buyer's or Seller's place of residence shall have jurisdiction up to the value declared by the Ministry of Industry and Trade every December.
If the order is placed, the Buyer is deemed to have accepted all the terms of this agreement. {{SabitTanimlar.ImzaTarihi}}