Distance Sales Agreement

 

 

Distance Sales Agreement


Distance Sales Agreement


 

1.PARTIES

 

This Contract has been concluded between the following parties under the terms and conditions specified below.

 

‘BUYER’ ; (hereinafter referred to as the "BUYER" in the contract)

NAME-SURNAME:

ADDRESS:

‘SELLER’ ; (hereinafter referred to as the "SELLER" in the contract)

NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER explicitly accepts in advance that, if they approve the order subject to the contract, they will assume the obligation to pay the specified price of the order and any additional fees such as shipping fees and taxes, and that they have been informed in this regard.


 

2.DEFINITIONS

In the application and interpretation of this contract, the terms written below shall bear the meanings ascribed to them opposite:

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of Consumers,

REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than supplying goods, performed or undertaken to be performed in exchange for a fee or benefit,

SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or for the account of the goods provider,

BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,

WEBSITE: The website belonging to the SELLER,

ORDERING PARTY: The natural or legal person requesting a good or service via the website belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: Refers to movable property subject to shopping and intangible goods such as software, sound, images, and the like prepared for use in electronic media.

 

3.SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose qualities and sales prices are specified below, ordered electronically by the BUYER through the website belonging to the SELLER.

The listed and announced prices on the website are sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a period are valid until the end of the specified period.

 

4.SELLER INFORMATION

 

Title: Mirasımız Quds Association

Address: Akşemsettin Mah. Halıcılar Cd. No: 12 Fatih-Istanbul / TÜRKİYE

Phone: +90 (212) 524 01 01

Fax:

Email: [email protected]

 

5.BUYER INFORMATION

Person to be delivered

Delivery Address

Phone

Fax

Email/username

 

6.ORDERING PERSON INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/username

 

 

7.SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS INFORMATION

 

7.1. The basic characteristics (type, quantity, brand/model, color, piece) of the Good / Product(s) / Service are published on the website belonging to the SELLER. If a campaign has been organized by the seller, you can examine the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2. The listed and announced prices on the website are sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a period are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

 

Product Description

Quantity

Unit Price

Subtotal

(VAT Included)

 

Shipping Fee

 

Total :

 

Payment Method and Plan

Delivery Address

Person to be Delivered

Billing Address

Order Date

Delivery Date

Delivery Method

 

7.4. The shipping cost, which is the product shipment expense, shall be paid by the BUYER.


 

8.INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/username

Invoice delivery: The invoice shall be delivered together with the order to the billing address during the order delivery.

 

9.GENERAL PROVISIONS

 

9.1. The BUYER accepts, declares, and undertakes that they have read and are informed about the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the website belonging to the SELLER, and that they have given the necessary confirmation in electronic environment. By confirming the Preliminary Information in electronic environment, the BUYER accepts, declares, and undertakes that they have also obtained the address, basic characteristics of the ordered products, price including taxes, payment, and delivery information that must be given to the BUYER by the SELLER prior to the conclusion of the distance sales contract, accurately and completely.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, not to exceed the 30-day legal period. 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 accepts, declares, and undertakes to deliver the product subject to the contract intact, in compliance with the qualifications specified in the order, and with warranty documents, user manuals, and information and documents required by the job if any, free from any defects and in compliance with the requirements of the legal legislation, sound and in compliance with standards, to perform the work in accordance with the principles of honesty and integrity, to maintain and increase service quality, to show the necessary care and diligence during the performance of the work, and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining their explicit approval, before the performance obligation arising from the contract expires.

9.5. If the SELLER cannot fulfill its obligations under the contract in case the fulfillment of the goods or service subject to the order becomes impossible, the SELLER accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns of this situation and return the total amount to the BUYER within a 14-day period.

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 product price subject to the contract is not paid for any reason and/or canceled in bank records, the SELLER's obligation to deliver the product subject to the contract shall end.

9.7. In the event that the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days with the shipping expenses borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure circumstances such as the occurrence of unforeseen and delaying circumstances beyond the will of the parties, developing outside the control of the parties, which prevent and/or delay the parties from fulfilling their debts, it accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent if any, and/or the postponement of the delivery period until the eliminating situation disappears. In case the order is canceled by the BUYER, in payments made by the BUYER in cash, the product amount is paid to them in cash and in a lump sum within 14 days. In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount to the accounts of the BUYER after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the communication information specified by the BUYER in the registration form on the website or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed at them.

9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; they shall not receive damaged and defective goods/services such as crushed, broken, torn packaging from the cargo company. The received goods/services shall be deemed to be undamaged and sound. The duty to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned 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 given while registering on the website belonging to the SELLER is true, and that they will immediately compensate the SELLER in cash and in a lump sum for all damages that the SELLER may incur due to the untruthfulness of this information, upon the first notification of the SELLER.

9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation while using the website belonging to the SELLER and not to violate them. Otherwise, all legal and criminal liabilities that may arise will completely and exclusively bind the BUYER.

9.14. The BUYER cannot use the website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or困难化 other users from using the services.

9.15. Links to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by third parties may be provided over the website belonging to the SELLER. These links are placed to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

9.16. The member who violates one or more of the articles listed within this contract shall be personally responsible legally and penally due to this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition, in the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

 

10.RIGHT OF WITHDRAWAL

 

10.1. The BUYER may use their right of withdrawal from the contract by rejecting the goods without assuming any legal and criminal liability and without giving any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated, in case the distance contract is related to the sale of goods. In distance contracts related to the provision of services, this period starts from the date of the signing of the contract. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER within 14 (fourteen) days by registered mail, fax, or e-mail, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. In case this right is exercised,

a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution while returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is cut.)

b) Return form,

c) The boxes, packaging, and standard accessories if any of the products to be returned must be delivered completely and undamaged.

d) The SELLER is obliged to return the total amount and documents putting the BUYER under debt to the BUYER within a maximum period of 10 days from the receipt of the withdrawal notification and to take back the goods within a 20-day period.

e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or product within the right of withdrawal period.

f) If the campaign limit amount organized by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.

 

11.PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared in accordance with the BUYER's request or explicitly personal needs and not suitable for return, lower underwear pieces, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of rapid deterioration or have a possibility of expiration, products whose packaging has been opened by the BUYER after delivery and whose return is not suitable in terms of health and hygiene, products that are mixed with other products after delivery and cannot be separated by nature, periodicals such as newspapers and magazines except those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, or sound or image recordings, books, digital content, software programs, data recording and data storing devices, computer consumables, are not possible to be returned according to the Regulation if their packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services whose performance has started with the approval of the consumer before the expiration of the right of withdrawal period, pursuant to the Regulation.

Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untried, undeteriorated, and unused in order to be returned.

 

12.STATE OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER goes into default in case they make payment transactions with a credit card, they accept, declares, and undertakes that they will pay interest within the framework of the credit card agreement between them and the cardholder bank and will be responsible to the bank. In this case, the relevant bank may apply to legal remedies; may demand the expenses and attorney's fee to be born from the BUYER and under any circumstances, if the BUYER goes into default due to their debt, the BUYER accepts, declares, and undertakes to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

 

13.AUTHORIZED COURT

In disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the following law. Information regarding the monetary limit is below:

Effective from 28/05/2014:

a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, to district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL,

b) To provincial consumer arbitration committees in disputes with a value below 3,000.00 (three thousand) TL,

c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

This Contract is made for commercial purposes.

 

14.ENFORCEMENT

 

When the BUYER realizes the payment belonging to the order placed via the Website, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the website before the realization of the order.

SELLER: Mirasımız Quds Association

BUYER:

DATE:

 

 


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