Distance Selling Agreement
1. PARTIES
This Agreement has been signed between the parties listed below under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in this agreement)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in this agreement)
NAME - SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that they will be obligated to pay the price of the product subject to the order, as well as any additional costs such as shipping fees and taxes, if applicable, once the order is confirmed, and has been informed about this matter.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms listed below shall have the meanings stated next to them:
- MINISTER: The Minister of Customs and Trade,
- MINISTRY: The Ministry of Customs and Trade,
- LAW: The Consumer Protection Law No. 6502,
- REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
- SERVICE: Any transaction that is not the provision of goods, which is carried out or promised to be carried out in return for a fee or benefit,
- SELLER: The company that provides goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or in the name of the seller,
- 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 owned by the SELLER,
- ORDERING PARTY: A natural or legal person who requests a good or service via the SELLER’s website,
- PARTIES: The SELLER and the BUYER,
- AGREEMENT: This agreement concluded between the SELLER and the BUYER,
- GOOD: The movable item that is the subject of the transaction and the intangible goods such as software, sound, image, etc. prepared for use in electronic form.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product, which the BUYER orders electronically through the SELLER’s website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sale prices. These announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the specified end of the period.
4. SELLER INFORMATION
- Title
- Address
- Phone
- Fax
5. BUYER INFORMATION
- Person to be delivered to
- Delivery Address
- Phone
- Fax
- Email/Username
By accepting this agreement, the BUYER agrees that they are obliged to pay for the order and related additional costs, such as shipping and tax charges, if applicable.
6. PRODUCT(S) INFORMATION
6.1. The basic characteristics (type, quantity, brand/model, color, quantity) of the product(s) or service(s) are published on the SELLER’s website. If the SELLER has organized a campaign, the related product’s basic features can be reviewed during the campaign period. The campaign is valid until the specified date.
6.2. The prices listed on the site are the sale prices. These prices and promises are valid until updated or changed. Prices listed for a limited time are valid until the specified period ends.
6.3. The total sale price of the product or service, including all taxes, is indicated below.
Product Description | Quantity | Unit Price | Subtotal (including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost will be paid by the BUYER.
7. INVOICE INFORMATION
- Name/Surname/Title
- Address
- Phone
- Fax
- Email/Username
- Invoice Delivery: The invoice will be delivered with the order to the invoice address during the order delivery.
8. SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The following privacy rules, policies, and terms, as outlined below, apply to the protection, confidentiality, processing, use of information, communications, and other related matters regarding the SELLER’s website.
8.1. The necessary measures have been taken by the SELLER regarding the security of the information and transactions entered by the BUYER on the website, according to the nature of the information and transaction, using current technical possibilities. However, since the information is entered from the BUYER's device, the BUYER is responsible for taking precautions to ensure the protection of this information and prevent unauthorized access, including measures against viruses and harmful software.
8.2. In addition to the BUYER’s consent and approval for personal data and commercial electronic communications, the BUYER agrees that the information obtained during membership and transactions on the website can be recorded, stored in printed or magnetic archives, updated, shared, transferred, and used in accordance with the purposes specified by the SELLER, including communication, advertising, promotion, and marketing activities. This data may also be shared with authorities or courts when required by law.
8.3. The BUYER can stop communications and data processing activities at any time by contacting the SELLER via the specified communication channels. Upon the BUYER’s explicit notice, personal data processing and communications will be stopped within the legal maximum time, and if desired, data will be deleted or anonymized unless legally required to be preserved.
8.4. All intellectual and industrial property rights regarding the website and its contents, including any revisions or use of these materials, belong to the SELLER, unless they belong to third parties under agreements with the SELLER.
8.5. The SELLER reserves the right to make any necessary changes regarding the above matters, and such changes will become effective as soon as they are announced on the website or via other appropriate methods.
8.6. The privacy and security policies of other websites accessed through the website apply, and the SELLER is not responsible for any disputes or adverse consequences that may arise from them.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the basic features of the product, the sales price, the payment method, and delivery provided on the SELLER's website, have obtained the necessary confirmation electronically, and are aware of it. The BUYER further acknowledges, declares, and undertakes that they have obtained the address, basic features of the ordered products, the total price including taxes, payment, and delivery information, before the distance sales contract is concluded and the preliminary information is confirmed electronically.
9.2. Each product under the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the BUYER's location, without exceeding 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 contract.
9.3. The SELLER undertakes to deliver the product in accordance with the order, free from defects, in compliance with legal regulations, and in a manner that is consistent with the required standards, including necessary documents such as warranty certificates, user manuals, and other information and documents, while maintaining the quality of service and acting with care and prudence.
9.4. The SELLER may, with prior notice and explicit approval from the BUYER, provide an alternative product of equal quality and price to fulfill the contract.
9.5. If the SELLER cannot fulfill the contract due to the impossibility of delivering the product or service, the SELLER undertakes to notify the BUYER in writing within 3 days from the date of learning about this situation and refund the total amount within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that if the product price is not paid or is canceled in the bank records for any reason before the product is delivered, the SELLER’s obligation to deliver the product will be terminated.
9.7. The BUYER acknowledges, declares, and undertakes that if the product is delivered to the BUYER or to the person and/or organization at the specified address, and if the credit card of the BUYER is used fraudulently, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product within 3 days at their own expense, and the SELLER will bear the return shipping cost.
9.8. If due to force majeure circumstances beyond the parties’ control, the SELLER cannot deliver the product within the specified period, the SELLER undertakes to inform the BUYER, and the BUYER has the right to cancel the order, request a substitute product of the same type, or postpone the delivery 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 the case of payment by credit card, the refund will be made to the relevant bank within 14 days after the cancellation. The BUYER acknowledges, declares, and undertakes that the refund may take 2-3 weeks to appear in their bank account, and the SELLER is not responsible for any delays caused by the bank's processing time.
9.9. The SELLER has the right to contact the BUYER via the contact information (address, email, fixed and mobile phone numbers) provided by the BUYER in the registration form or later updated, for communication, marketing, notifications, and other purposes. The BUYER acknowledges and declares that they accept such communications.
9.10. The BUYER must inspect the product before accepting delivery. If the product is damaged (e.g., crushed, broken, or the packaging is torn), the BUYER should not accept the product. Once accepted, the product is considered to be in good condition. After delivery, the BUYER is responsible for taking care of the product. If the right of withdrawal is to be exercised, the product must not have been used. The invoice must be returned.
9.11. If the person making the order is different from the credit card holder or if a security issue is detected with the credit card before the product is delivered, the SELLER may request the credit card holder’s identification, communication information, the previous month’s credit card statement, or a document confirming the credit card's ownership. The order will be suspended until the requested information is provided, and if the request is not fulfilled within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER undertakes that the personal and other information provided while registering on the SELLER's website is accurate, and if there is any damage to the SELLER due to the inaccuracy of this information, the BUYER will compensate for the damages immediately upon the SELLER's first notice.
9.13. The BUYER undertakes to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, the BUYER will be fully responsible for all legal and penal liabilities.
9.14. The BUYER may not use the SELLER’s website in a manner that disrupts public order, violates general morality, harasses others, or is illegal. Additionally, the BUYER may not engage in activities (such as spam, viruses, or Trojan horses) that prevent or hinder other users from using the services.
9.15. The SELLER’s website may contain links to other websites or content controlled or operated by third parties. These links are provided for convenience, and the SELLER does not support or guarantee the content or the operation of any linked websites.
9.16. The BUYER will be personally responsible for any legal and penal consequences of violating any provision of this contract, and will keep the SELLER harmless from the legal and penal results of these violations. Additionally, the SELLER retains the right to demand compensation if the violation leads to legal proceedings.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract without any legal or penal responsibility and without providing any reason, by rejecting the product within 14 (fourteen) days from the delivery date. In the case of service contracts, this period starts from the date of signing the contract. The right of withdrawal cannot be used if the service delivery has begun with the consumer’s consent. The SELLER will bear the costs arising from the exercise of the right of withdrawal. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used as specified in the "Products for Which the Right of Withdrawal Cannot Be Used" section. In this case:
a) The invoice for the product delivered to the 3rd person or the BUYER (if the invoice is corporate, the return invoice must be provided),
b) The return form,
c) The product must be returned in its original box, packaging, and with all accessories, if applicable.
d) The SELLER is obliged to refund the total amount and return documents to the BUYER within 10 days of receiving the withdrawal notification and to accept the returned product within 20 days.
e) If the product value decreases due to the fault of the BUYER, the BUYER is responsible for compensating the SELLER for the loss in value.
f) If the withdrawal causes the BUYER to fall below the campaign limit, the discount applied in the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The following products cannot be returned once opened or used: underwear, swimwear, makeup products, single-use products, products with a risk of quick deterioration, products unsuitable for return due to health or hygiene reasons, products that are mixed with others after delivery and cannot be separated, periodicals such as newspapers or magazines, digital content delivered instantly, and other similar goods.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on a payment made via credit card, they will be responsible for the interest and penalties as per the credit card agreement. The bank may pursue legal action and request recovery costs, including attorney’s fees from the BUYER. In case of default, the BUYER also undertakes to compensate the SELLER for any losses caused by delayed payment.
13. COMPETENT COURT
In case of disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration board or the consumer court located in the BUYER's residence or where the transaction was conducted, within the financial limits specified by the law.
14. EFFECTIVENESS
By making the payment for the order placed on the website, the BUYER is deemed to have accepted all terms and conditions of this contract. The SELLER is obligated to ensure that the BUYER acknowledges and agrees to this contract on the website before placing the order.