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THIS IS A SAMPLE. PLEASE CUSTOMIZE IT ACCORDING TO YOUR OWN WEBSITE BEFORE USE
DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been executed between the following parties under the terms and conditions stated below.

A. BUYER (hereinafter referred to as "BUYER" in this Agreement)
Name and Surname:
Address:

B. SELLER (hereinafter referred to as "SELLER" in this Agreement)
Name and Surname:
Address:

By accepting this agreement, the BUYER acknowledges in advance that upon confirming the order subject to the agreement, he/she is obliged to pay the order price and any additional charges, such as shipping fees and taxes, if applicable, and that he/she has been informed accordingly.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods, which is made or committed to be made in exchange 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 account of the party offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests a product or service via the SELLER’s website,
PARTIES: Refers to the SELLER and BUYER jointly,
PRODUCT/GOODS: Refers to movable items that are subject to purchase and software, audio, video, and other intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Agreement governs the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts concerning the sale and delivery of the product specified below, which the BUYER ordered electronically via the SELLER’s website.

4. PRODUCT(S) SUBJECT TO THE AGREEMENT

Product Name, Code, Quantity, Sale Price, and Payment Method are as follows:
(Product details will be listed here.)

The type, quantity, brand/model, color, and sale price including taxes and payment method of the products are as indicated in the order summary page and invoice.

Shipping Fee: [To be filled in or listed as included if applicable]
Shipping Method: [Courier name, if applicable]

5. GENERAL PROVISIONS

5.1 The BUYER acknowledges that he/she has read and is informed about the basic qualities of the product subject to the agreement, the sale price including taxes, and the payment and delivery details on the SELLER’s website, and has given the necessary confirmation electronically.

5.2 The product subject to the agreement shall be delivered to the BUYER or the person/entity at the address designated by the BUYER within the period specified on the website depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days.

5.3 If the product is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if the person/entity to whom delivery is to be made does not accept delivery.

5.4 The SELLER is responsible for delivering the product subject to the agreement in full, in accordance with the specified qualifications, and with warranty documents, user manuals, and any other required documentation, if applicable.

5.5 If the delivery of the product becomes impossible, the SELLER shall notify the BUYER before the expiration of the contractual performance obligation and may supply another product of equal quality and price upon obtaining explicit approval from the BUYER.

5.6 If the SELLER fails to fulfill the contractual obligations due to the impossibility of delivering the product or service subject to the order, the SELLER shall return all collected payments, including delivery costs, if any, to the BUYER within 14 (fourteen) days from the date of notification.

5.7 The BUYER shall inspect the product before accepting delivery; products that are damaged, broken, torn packaging, etc., shall not be accepted from the courier. The product received shall be deemed undamaged and intact. It is the BUYER’s responsibility to carefully protect the product after delivery. If the right of withdrawal is to be used, the product should not be used.

6. RIGHT OF WITHDRAWAL

6.1 The BUYER has the right to withdraw from this Agreement without giving any reason and without any penalty within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address designated by the BUYER.

6.2 To exercise the right of withdrawal, a written notice must be sent to the SELLER by registered mail, e-mail, or fax within 14 (fourteen) days. The product must be unused and in a resalable condition.

6.3 If this right is exercised:

  • The invoice for the product delivered to the third party or the BUYER must be returned.

  • The product must be returned in its original packaging, including all accessories.

  • The SELLER is obliged to return the total amount received, including delivery costs, if any, to the BUYER within 14 (fourteen) days following the receipt of the notice of withdrawal.

  • The return shipping cost shall be borne by the BUYER.

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

The right of withdrawal cannot be exercised for the following:

  • Products prepared in accordance with the BUYER’s requests or clearly personalized.

  • Products that are perishable or may expire quickly.

  • Products that are not suitable for return due to health protection or hygiene if the packaging is opened after delivery.

  • Products that are inseparably mixed with other items after delivery.

  • Digital content that is not provided on a tangible medium, once the performance has begun with the prior express consent of the consumer and acknowledgment that he/she thereby loses his/her right of withdrawal.

8. DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults in the transactions made with a credit card, the cardholder will be liable to pay interest under the credit card agreement made with the bank and be responsible to the bank. In such case, the relevant bank may pursue legal remedies and demand any incurred costs and attorney fees from the BUYER.

9. COMPETENT COURT

In the implementation of this Agreement, Consumer Arbitration Committees and Consumer Courts located at the BUYER’s or SELLER’s place of residence are authorized up to the value announced by the Ministry of Customs and Trade.

10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise the right of withdrawal from the contract without any legal or penal liability and without giving any reason, by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated, provided that they notify the SELLER. In contracts for the provision of services, this period begins on the date the contract is concluded. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer’s approval before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER is deemed to 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 within the scope of the provisions under the heading "Products for Which the Right of Withdrawal Cannot Be Used". In case this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned is issued to a corporate entity, it must be returned together with the return invoice issued by the corporate entity. Return requests for orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) A return form must be submitted.
c) The product to be returned must be delivered complete and undamaged with its box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and any documents placing the BUYER under debt within a maximum of 10 days from the receipt of the withdrawal notification and to accept the return of the goods within 20 days.
e) 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’s damages proportionally. However, the BUYER is not responsible for any changes or deteriorations that occur due to the proper use of the product within the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the total amount of a promotional campaign falls below the limit, the discount benefit received within the scope of the campaign will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that are prepared in line with the BUYER’s requests or clearly personal needs and are not suitable for return; underwear bottoms, swimsuits and bikini bottoms, cosmetics, disposable products, goods that are perishable or may expire soon, and products that are not suitable for return due to health or hygiene reasons once their packaging has been opened by the BUYER after delivery, and goods that are mixed with other products after delivery and cannot be separated due to their nature; newspapers and magazines other than those provided under a subscription agreement; services performed instantly in electronic environments or intangible goods delivered instantly to the consumer; audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables whose packaging has been opened by the BUYER may not be returned in accordance with the Regulation.
Moreover, in accordance with the Regulation, the right of withdrawal may not be exercised for services whose performance has begun with the consumer’s approval before the withdrawal period expires.
For cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and tapes, and stationery consumables (toners, cartridges, ribbons, etc.), returns are only possible if the products are unopened, untested, undamaged, and unused.

12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes the payment via credit card and falls into default, they agree, declare, and undertake that they will pay interest within the framework of the credit card agreement with the card issuer bank and be liable to the bank. In this case, the bank may take legal action; the resulting costs and attorney fees may be claimed from the BUYER. In all cases where the BUYER defaults on their debt, they accept, declare, and undertake to compensate the SELLER for the damages and losses incurred due to delayed performance of the debt.

13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court located in the place of the BUYER's residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information on monetary limits is provided below:
As of 28/05/2014:
a) In disputes where the value is below 2,000.00 (two thousand) TL, applications should be made to district consumer arbitration committees pursuant to Article 68 of the Consumer Protection Law No. 6502,
b) In disputes where the value is below 3,000.00 (three thousand) TL, applications should be made to provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL should be submitted to provincial consumer arbitration committees.
This contract is concluded for commercial purposes.

14. ENFORCEMENT
When the BUYER completes the payment for an order placed on the website, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to ensure that the BUYER reads and confirms this agreement on the website before the order is finalized.

SELLER:
BUYER:
DATE:

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