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Become a Dealer

Distance Sales Agreement

1. PARTIES
This Agreement is executed between the following parties under the terms and conditions specified below.

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"BUYER" (hereinafter referred to as the "BUYER" in this Agreement):

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  • Name and Surname:

  • Address:

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"SELLER" (hereinafter referred to as the "SELLER" in this Agreement):

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  • Name and Surname:

  • Address:

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By accepting this Agreement, the BUYER acknowledges that they will be obligated to pay the price of the order, along with any additional fees such as shipping charges and taxes (if applicable), once the order is confirmed, and that they have been informed about these obligations in advance.

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2. DEFINITIONS
The following terms shall have the meanings specified below in the application and interpretation of this Agreement:

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  • MINISTER: Refers to the Minister of Customs and Trade.

  • MINISTRY: Refers to the Ministry of Customs and Trade.

  • LAW: Refers to the Consumer Protection Law No. 6502.

  • REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).

  • SERVICE: Refers to any consumer transaction other than the supply of goods, performed or committed to be performed in return for a fee or benefit.

  • SELLER: Refers to the company offering goods to consumers as part of its commercial or professional activities, or acting on behalf or account of such a company.

  • BUYER: Refers to a real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes.

  • WEBSITE: Refers to the website owned by the SELLER.

  • ORDERING PARTY: Refers to the real or legal person requesting a good or service via the SELLER’s website.

  • PARTIES: Refers to the SELLER and the BUYER collectively.

  • AGREEMENT: Refers to this agreement executed between the SELLER and the BUYER.

  • GOOD: Refers to movable goods and intangible goods such as software, sound, and images prepared for use in electronic media, which are the subject of the transaction.

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3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the qualities and sales price of which are specified below, that the BUYER orders electronically via the SELLER's website, in accordance with the Consumer Protection Law No. 6502 and the provisions of the Regulation on Distance Contracts.

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The listed prices and terms published on the website are the sales prices. The announced prices and commitments remain valid until updated or changed. Prices announced for a specified period remain valid until the end of that period.

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4. SELLER INFORMATION

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  • Title:

  • Address:

  • Phone:

  • Fax:

  • Email:

 

5. BUYER INFORMATION

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  • Recipient Name:

  • Delivery Address:

  • Phone:

  • Fax:

  • Email/Username:

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6. ORDERING PARTY INFORMATION

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  • Name/Surname/Title:

  • Address:

  • Phone:

  • Fax:

  • Email/Username:

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7. INFORMATION ABOUT THE PRODUCT(S)/SERVICE(S) SUBJECT TO THE AGREEMENT

7.1. The essential features of the product(s)/service(s) (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign is organized by the SELLER, you can review the essential features of the product during the campaign period. Campaign terms are valid until the specified campaign end date.

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7.2. The prices listed and announced on the website are the sales prices. The announced prices and commitments remain valid until updated or changed. Prices announced for a specific period remain valid until the end of that period.

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7.3. The total sales price of the product or service, including all taxes, subject to this Agreement, is shown below:

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  • Product Description
    Quantity
    Unit Price
    Subtotal (VAT Included)

  • Shipping Cost

  • Total:

  • Payment Method and Plan

  • Delivery Address

  • Recipient

  • Billing Address

  • Order Date

  • Delivery Date

  • Delivery Method

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7.4. The shipping cost for product delivery will be paid by the BUYER.

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8. BILLING INFORMATION

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  • Name/Surname/Title

  • Address

  • Phone

  • Fax

  • Email/Username

 

Invoice Delivery:
The invoice will be delivered along with the order to the billing address at the time of order delivery.

 

9. GENERAL TERMS

9.1. The BUYER agrees, declares, and undertakes that they have read and acknowledged the preliminary information regarding the essential qualities, sales price, payment method, and delivery of the product subject to the agreement on the SELLER’s website and has provided the necessary confirmation electronically. The BUYER further agrees, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained the correct and complete address, essential characteristics of the ordered products, including their prices (inclusive of taxes), payment, and delivery details that must be provided by the SELLER before the establishment of the distance sales agreement.

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9.2. Each product subject to the agreement will be delivered to the BUYER or a person/entity indicated by the BUYER at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the agreement.

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9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications indicated in the order, and with the required information and documents such as warranty certificates and user manuals, if applicable, free of defects, in compliance with legal regulations, standards, and the principles of honesty and integrity, and to maintain and improve the quality of service.

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9.4. The SELLER may provide a product of equal quality and price with the explicit consent of the BUYER, provided that they inform the BUYER before the expiration of the performance obligation under the agreement.

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9.5. If it becomes impossible to fulfill the order for the product or service subject to the agreement, the SELLER agrees, declares, and undertakes to notify the consumer of this situation in writing within 3 days of becoming aware of it and to refund the total amount to the BUYER within 14 days.

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9.6. The BUYER agrees, declares, and undertakes that they will confirm this agreement electronically for the delivery of the product subject to the agreement, and if, for any reason, the payment of the product price is not made or is canceled in the bank records, the SELLER’s obligation to deliver the product will cease.

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9.7. If the product subject to the agreement is delivered to the BUYER or a person/entity at the address indicated by the BUYER after the unauthorized use of the BUYER's credit card by unauthorized persons, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

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9.8. The SELLER agrees, declares, and undertakes that if the product subject to the agreement cannot be delivered within the specified time due to force majeure or unforeseen circumstances beyond the parties' control, they will notify the BUYER. In such cases, the BUYER has the right to request the cancellation of the order, the replacement of the product with an equivalent product, and/or the postponement of the delivery period until the obstacle is removed. If the order is canceled by the BUYER, the amount paid in cash will be refunded to the BUYER within 14 days. In credit card payments, the amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the refund of the amount to the BUYER’s account by the bank may take 2 to 3 weeks on average, and the SELLER cannot be held responsible for possible delays caused by the banking process.

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9.9. The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes through the address, email, fixed and mobile phone numbers, and other contact information provided by the BUYER during registration or subsequently updated. By accepting this agreement, the BUYER agrees and declares that the SELLER may carry out the specified communication activities.

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9.10. The BUYER must inspect the product/service before accepting delivery and refuse to accept damaged or defective products/services (e.g., crushed, broken, torn packaging) from the shipping company. Products/services that are accepted are deemed to be undamaged and in good condition. After delivery, the responsibility for the care and protection of the product/service belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used, and the invoice must be returned.

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9.11. If the credit card holder and the BUYER are not the same person or if a security issue is detected with the credit card used before the delivery of the product, the SELLER may request identification 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 bank of the cardholder confirming the ownership of the credit card. Until the BUYER provides the requested information/documents, the order will be frozen, and if the request is not met within 24 hours, the SELLER reserves the right to cancel the order.

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9.12. The BUYER agrees, declares, and undertakes that the personal and other information provided when registering on the SELLER’s website is truthful, and the BUYER will immediately compensate all damages incurred by the SELLER due to the inaccuracy of this information.

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9.13. The BUYER agrees, declares, and undertakes to comply with the provisions of legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal obligations will bind the BUYER exclusively.

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9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, or for an unlawful purpose, or in a way that infringes on others’ material and moral rights. Furthermore, members cannot engage in activities that prevent or complicate the use of services by others (e.g., spam, viruses, Trojan horses).

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9.15. Links to other websites and/or other content not under the control of the SELLER and/or owned and operated by third parties may be provided through the SELLER’s website. These links are placed to facilitate navigation for the BUYER and do not support any website or the person operating that site and do not guarantee the content of the linked website.

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9.16. The member who violates one or more of the provisions listed in this agreement is personally and solely responsible for the legal and criminal consequences of these violations and agrees to keep the SELLER free from any legal and criminal consequences. Additionally, if the violation is referred to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

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10. RIGHT OF WITHDRAWAL

10.1. If the contract is related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the delivery date of the product to the BUYER or the person/organization designated by the BUYER, without assuming any legal or criminal liability and without providing any reason. For distance contracts related to services, the right of withdrawal starts from the date the contract is signed. In service contracts, if the service delivery starts with the consumer's approval before the withdrawal period ends, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

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10.2. To use the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days. The product must not have been used in accordance with the "Products for Which the Right of Withdrawal Cannot Be Used" provision in this agreement. In case of exercising this right:

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a) The invoice of the product delivered to the 3rd party or the BUYER must be provided. (If the invoice is corporate, the return must include the return invoice issued by the company. If no return invoice is issued for corporate orders, the return process cannot be completed.)

b) A return form,

c) The product must be returned with its box, packaging, and, if applicable, accessories in full and undamaged condition.

d) The SELLER is obligated to return the total amount and any documents that obligate the BUYER to pay within 10 days after the withdrawal notice is received, and to collect the product within 20 days.

e) If the value of the product decreases due to the fault of the BUYER, or if the return becomes impossible, the BUYER is liable to compensate for the SELLER’s damages proportionate to their fault. However, the BUYER is not responsible for any changes or damages that occur as a result of proper use of the product during the right of withdrawal period.

f) If the withdrawal right is exercised and the BUYER’s total expenditure falls below the campaign limit set by the SELLER, the discount gained under the campaign will be canceled.

 

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

The following products cannot be returned once delivered to the BUYER:

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  • Products prepared according to the BUYER's requests or clearly personalized and cannot be returned, such as underwear, swimwear, makeup products, single-use products, products with a risk of rapid decay or with an expiration date, products that have been opened for use after delivery, health and hygiene-related products, products that mix with others after delivery and cannot be separated due to their nature, and publications like newspapers and magazines unless under a subscription agreement.

  • Services rendered electronically or intangible goods delivered immediately to the consumer, and digital content such as sound or video recordings, books, software programs, data storage devices, computer consumables if the packaging has been opened by the BUYER.

  • Additionally, services for which performance has started with the consumer’s consent before the right of withdrawal period ends cannot be returned under the regulation.

  • Cosmetics, personal care products, underwear, swimwear, books, copyable software, DVDs, VCDs, CDs, cassette tapes, and stationery consumables (such as toner, cartridge, ribbons, etc.) must remain unopened, unused, undamaged, and in their original packaging to be eligible for return.

 

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER makes the payment using a credit card and defaults, the BUYER agrees, declares, and undertakes that they will pay interest to the card-issuing bank under the terms of the credit card agreement and will be responsible to the bank. In this case, the relevant bank may resort to legal means, demand any resulting expenses and attorney fees from the BUYER, and in all cases where the BUYER defaults due to non-payment, the BUYER agrees, declares, and undertakes to compensate the SELLER for any loss or damage caused by the delayed fulfillment of the debt.

 

13. JURISDICTION

In disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration committee or the consumer court in the location of the consumer's residence or the place where the transaction was made, within the monetary limits specified in the law. The monetary limit information is as follows:

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As of 28/05/2014: a) Disputes where the value is below 2,000.00 (two thousand) TRY will be submitted to district consumer arbitration committees, b) Disputes with a value below 3,000.00 (three thousand) TRY will be submitted to provincial consumer arbitration committees, c) In metropolitan cities, disputes between 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY will be submitted to provincial consumer arbitration committees.

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This contract is made for commercial purposes.

 

14. EFFECTIVENESS

The BUYER shall be deemed to have accepted all the terms of this contract when the payment for the order made through the website is completed. The SELLER is responsible for making the necessary software arrangements to ensure that the BUYER confirms the acceptance of this contract before the order is finalized on the site.

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