Distance Sales Agreement -old

**THIS IS A SAMPLE. PLEASE MODIFY IT SUITABLY FOR YOUR OWN SITE BEFORE USE**

1. PARTIES

This Agreement has been signed between the parties below under the terms and conditions specified below.

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

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

FULL NAME:

ADDRESS:

By accepting this agreement, the BUYER acknowledges in advance that when approving the order subject to this contract, the BUYER undertakes the obligation to pay the price of the order and any additional fees such as shipping and taxes, and has been informed accordingly.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms listed below shall express the written explanations corresponding to them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),

SERVICE: Any consumer transaction other than the provision or promised provision of goods for a fee or benefit,

SELLER: The company that supplies goods to the consumer within the scope of commercial or professional activities or acts on behalf of or account of the supplier,

BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The internet site belonging to the SELLER,

ORDERER: The real or legal person requesting a good or service via the internet site belonging to the SELLER,

PARTIES: SELLER and BUYER,

CONTRACT: This agreement executed between the SELLER and BUYER,

GOODS: Movable goods subject to purchase and intangible goods such as software, audio, video prepared for electronic use.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product whose characteristics and sales price are given below, ordered electronically by the BUYER via the internet site owned by the SELLER, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.

Listed and announced prices on the site are sales prices. Announced prices and promises are valid until updated and changed. Timed announced prices are valid until the specified period.

4. SELLER INFORMATION

Title

Address

Phone

Fax

Email

5. BUYER INFORMATION

Recipient

Delivery Address

Phone

Fax

Email/Username

6. PRODUCT(S)/SERVICE INFORMATION SUBJECT TO THE CONTRACT

6.1. The basic characteristics of the good(s) / product(s) / service such as type, quantity, brand/model, color, number are published on the SELLER's internet site. If the seller has organized a campaign, the basic features of the relevant product can be reviewed during the campaign period. It is valid until the campaign date.

6.2. Listed and announced prices on the site are sales prices. Announced prices and promises are valid until updated and changed. Timed announced prices are valid until the specified period.

6.3. The total sales price including all taxes of the product or service subject to the contract is shown below.

Product DescriptionQuantityUnit PriceSubtotal

(Including VAT)

Shipping Cost

Total :

Payment Method and Plan

Delivery Address

Recipient

Invoice Address

Order Date

Delivery Date

Delivery Method

6.4. The buyer shall pay the shipping fee for the product shipment.

7. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice delivery: The invoice will be delivered together with the order at the invoice address during order delivery.

8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RULES

The privacy rules, policies and conditions specified below regarding protection, confidentiality, processing-use of information, communications and other matters on the INTERNET SITE apply.

8.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken within the system infrastructure on the SELLER’s side according to the nature of information and transaction using current technical capabilities. However, since the information is entered from the BUYER’s device, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, to protect and prevent unauthorized access.

8.2. In addition to and to confirm the permissions-consents given by the BUYER for their personal data and commercial electronic communications obtained during membership and shopping on the INTERNET SITE, the SELLER may record indefinitely or for a specified period, keep in printed/magnetic archives, update, share, transfer, use, and process such personal information and new information for providing various products/services and for all kinds of electronic and other commercial-social communications such as notifications, advertising, promotion, sales, marketing, store cards, credit card, and membership applications. These data may also be shared with relevant authorities and courts when legally required. The BUYER consents and permits the use, sharing, processing, and receiving of commercial and non-commercial electronic communications in accordance with data protection and electronic commerce laws.

8.3. The BUYER can always stop communication by contacting the SELLER through the stated communication channels or by lawfully exercising their right to refuse in the electronic communications sent. Upon explicit notification by the BUYER, personal data processing and communications will be stopped within the legal maximum period; and upon request, data except those legally required will be deleted or anonymized. The BUYER can always apply to the SELLER at the above communication channels regarding processing, transfer, correction, deletion of personal data, objection to automatic profiling, and compensation for unlawful processing. Requests will be fulfilled within legal deadlines or given justified refusals.

8.4. All intellectual and industrial property rights and ownership rights related to every kind of information and content on the INTERNET SITE and its arrangement, revision, partial or complete use, except those belonging to third parties agreed by the SELLER, belong to the SELLER.

8.5. The SELLER reserves the right to make any necessary changes on the above matters, effective as soon as announced on the INTERNET SITE or via other appropriate means.

8.6. Privacy-security policies and terms of use of other sites linked from the INTERNET SITE apply, and the SELLER is not responsible for disputes or negative consequences arising.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that they have read and obtained information about the basic characteristics, sales price, payment method and delivery preliminary information of the product subject to the contract on the SELLER's internet site and have electronically confirmed it. The BUYER also confirms in advance that the preliminary information provided by the SELLER before the formation of the distance sales contract includes the correct and complete address of the SELLER, main features of the ordered products, tax-inclusive prices, payment and delivery details.

9.2. Each product subject to the contract will be delivered within the period indicated in the preliminary information on the internet site, depending on the BUYER's place of residence, without exceeding the 30-day legal period, either to the BUYER or to the person and/or organization at the address indicated by the BUYER. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER undertakes to deliver the product subject to the contract completely, conforming to the specifications indicated in the order, and with any warranty certificates, manuals and necessary information, free of any defects according to legal provisions, and to perform the service with care, fairness and honesty, maintaining and improving service quality.

9.4. The SELLER may supply another product of equal quality and price by informing and obtaining explicit approval from the BUYER before the performance deadline.

9.5. If it becomes impossible to fulfill the product or service subject to the order, the SELLER undertakes to inform the consumer in writing within 3 days of learning and reimburse the total amount to the BUYER within 14 days.

9.6. The BUYER accepts that the SELLER’s obligation to deliver the product ends if payment is not made or cancelled in bank records.

9.7. The BUYER commits to returning the contracted product to the SELLER within 3 days at the SELLER's expense in cases of unauthorized credit card use after delivery, if payment by the bank or financial institution is not received by the SELLER.

9.8. In case of force majeure, the SELLER will notify the BUYER and the BUYER may cancel the order, request replacement or defer delivery until the impediment resolves. Refunds will be processed within 14 days, and BUYER acknowledges delays in banking processes are outside SELLER’s responsibility.

9.9. The SELLER has the right to reach the BUYER via communication means for marketing and notifications. The BUYER consents to such communications by accepting this contract.

9.10. The BUYER will inspect the product before accepting delivery and will not accept damaged or faulty goods. Responsibility for product care after delivery lies with the BUYER. If exercising the right of withdrawal, the product must not be used and the invoice returned.

9.11. If the credit card holder used during order and the BUYER are different people or security issues arise before delivery, the SELLER may request identification and card ownership verification documents. Orders will be frozen until requested documents are provided, otherwise canceled.

9.12. The BUYER guarantees the information provided during registration to be accurate and indemnifies the SELLER for any damages caused by false information.

9.13. The BUYER agrees to comply with laws while using the SELLER's website and will be personally liable for any violations.

9.14. The BUYER shall not use the SELLER's website to disrupt public order, violate morals, harass others, or engage in illegal activity including spam or viruses.

9.15. The SELLER's website may link to third-party sites not controlled by the SELLER; these links are for convenience and carry no guarantees.

9.16. Members violating any clause in this agreement are personally liable legally and criminally and shall indemnify the SELLER. The SELLER reserves right to claim damages.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may withdraw from the contract within 14 (fourteen) days from the delivery date without any legal or penal liability and without stating a reason, by notifying the SELLER. For service contracts, this period starts from the contract date. Once the service has started with consumer's consent before expiry, withdrawal is not allowed. Costs due to withdrawal are borne by the SELLER. The BUYER acknowledges having been informed about the withdrawal right.

10.2. Use of the withdrawal right requires written notice via registered mail, fax or email within 14 days and unused condition of the product under "Products Not Eligible for Withdrawal." In such cases:

a) Invoice of the delivered product to third party or BUYER is required. For corporate invoices, a return invoice must be provided; otherwise refunds will not be processed.

b) Return form must be included,

c) Products must be returned complete with box, packaging, and standard accessories intact and undamaged.

d) The SELLER is obliged to refund payments and retrieve the product within 10 and 20 days respectively from receipt of withdrawal notice.

e) If the product’s value decreases due to BUYER's fault or return becomes impossible, BUYER compensates the SELLER accordingly. However, normal usage changes within withdrawal period are not the BUYER’s responsibility.

f) If withdrawal reduces a campaign limit, discounts obtained under the campaign will be canceled.

11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL

Products prepared per BUYER’s request or explicit personal needs, non-returnable items such as underwear bottom parts, swimwear bottoms, makeup products, disposable goods, quickly perishable products or those potentially past expiry date, products unsuitable for return after package opening due to health and hygiene reasons, products mixed with others, periodicals except for subscription contracts, instant electronic services or intangible goods delivered instantly, audio or video recordings, books, digital content, software programs, data storage devices, computer consumables whose packaging is opened by BUYER, according to the Regulation, are not returnable. Withdrawal right is also not applicable to services started with consumer’s approval before expiry.

Cosmetics, personal care products, underwear, swimsuits, books, copyable software, DVDs, VCDs, CDs, cassettes, and stationery consumables (toners, cartridges, ribbons, etc.) must be unopened, unused, undamaged, and untested to be eligible for return.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on credit card payments, they accept to pay interest according to their card contract with the bank and accept legal responsibility. The bank may take legal action and claim fees from the BUYER. The BUYER agrees to compensate the SELLER for damages due to delayed payment.

13. JURISDICTION

Disputes arising from this contract will be resolved through consumer arbitration boards or consumer courts located at the consumer’s residence or where the transaction occurred, within the monetary limits specified by law.

14. ENFORCEMENT

The BUYER is deemed to have accepted all terms of this agreement by making the payment for the order placed on the Site. The SELLER is obliged to arrange software measures to ensure that the BUYER reads and confirms acceptance of this agreement before order completion.

SELLER:

BUYER:

DATE:

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