DISTANCE SALES AGREEMENT EXECUTED ON INTERNET ENVIRONMENT
Article 1 - Parties of the Agreement:
SELLER : Beste Gürel
Address : Öztopuz Caddesi Fatih Sokak No:18 Ulus / İstanbul
Tel. : +90 212 293 69 40 pbx
E-Mail : firstname.lastname@example.org
Article 2: Subject:
The subject of this agreement is that the Buyer places an order on the website www.bestegurel.com which belongs to the Seller and the determination of the rights and responsibilities of the parties as per the provisions of the Law on the Protection of Consumers and Implementing Principles and Procedures of Distance Contracts regarding the vendition and the delivery of the goods/ services containing the qualifications indicated in the agreement and the selling price of which is defined in the agreement. Buyer accepts and declares that he is informed about the basic qualities of the said goods/services, all the foreknowledge related to the said product/service, selling price, payment type, delivery conditions etc. and the right of withdrawal, that he confirms on an electronic environment and that he places the order of the product/service as per the provisions of this agreement. Pre-informing and the receipt on the website www.ofix.com are the inseparable parts of this agreement.
Article 3 - Agreement Date:
These two copies previously signed by the Seller were accepted and signed by the Buyer on the date of .... and a copy shall be sent to the e-mail of the Buyer as an e-mail.
Article 4 - Delivery of the Goods/Services, Place of Execution of the Agreement and Type of Delivery:
The goods/services shall be sent to the following address that the Buyer demanded
Person to be delivered :
Buyer accepts this delivery.
Article 5 - Expenditures and Execution of the Delivery:
Delivery expenditures pertain to the Buyer. Providing that the Seller asserted that the delivery price of the buyers in the amount that is above the proclaimed figure shall be fulfilled by himself or that he shall execute the delivery for free in the scope of the campaign on the website, the delivery expenditure pertains to the Seller. Delivery is executed in the shortest period of time once the stock is available and after the cost is transferred to the Seller's account. Seller delivers the goods/services within the 30 (thirty) days from the order and reserves the right to expending it with 10 (ten) additional days by reporting in written within this time. Providing that the goods/services are not paid for any reason or canceled in the bank accounts, Seller is deemed to be exempted from the obligation of the delivery of the goods/services.
Article 6 - Proclaims and Commitments of the Buyer:
Buyer shall examine the aforesaid goods/services before receiving and shall not receive damaged and faulty goods/services dent, broken, teared in the cover etc. from the freight company. Goods/services received shall be deemed to be damage free and robust. The responsibility of the goods/services to be carefully protected pertains to the Buyer. The goods/ services must not be used if the right of withdrawal is to be benefited. The receipt must be returned. In case the concerned bank or financial institution does not pay the goods/services price to the Seller due to the unjust or unlawful use of the Buyer's credit card not deriving from the Buyer after the delivery of the product/service, the Buyer is liable to send the goods/services within 3 (three) days on the condition that it is delivered to himself. Delivery expenses pertain to the Buyer in this case.
Article 7 - Proclaims and Commitments of the Seller:
Seller is responsible for the delivery of the aforesaid goods/services robust, complete, in conformity with the qualities defined in the order and associated with the guarantee documents and instructions for use, if available. Providing that the aforesaid goods/services shall be delivered to a person/entity other than the Buyer, Seller cannot be kept responsible for not accepting of the delivery by the delivery person/entity. Seller returns the goods/services price and valuable document if available, within 10 (ten) days after the delivery of the withdrawal proclaim reaches to him. He accepts the return of the goods/services within 20 (twenty) days. Seller may supply to the Buyer in the equal quality and price before the execution period in the agreement is over with reasonable grounds. Seller informs the Buyer before the execution period of the agreement is over, if he conceives that the execution of goods/services is unfeasible. Cost of acquisition and documents if available are returned within 10 (ten) days. Damaged or malfunctioning products/services sold with warranty or goods/services without may be sent to the Seller for the required repairment to be performed within the guarantee terms, in this case the delivery expenses shall be reconciled by the Seller.
Article 8 - Features of the Aforesaid Goods/Services:
Type and version, amount, brand/model, color and sale value including all taxes of the goods / services are according to the information on the publicity page of the goods/services on the website www.bestegurel.com and to the receipt which is an inseparable part of the agreement.
Article 9 - The Cash Price of the Goods/Services:
The cash price of the goods/services is available in the sample receipt sent as e-mail after the order and in the content of the receipt sent to the customer with product.
Article 10 - Forward Price:
The forward price according to the sale value of the goods/services is available in the sample receipt sent as e-mail after the order and in the content of the receipt sent to the customer with product.
Article 11 - Interest:
It cannot be more that the interest rate that the Republic of Turkey determines every year and 30% in any condition. Buyer is liable to the bank it works with.
Article 12 - Advanced Payment Value:
The advanced payment value of the goods/services is available in the sample receipt sent as e-mail after the order and in the content of the receipt sent to the customer with product.
Article 13 - Payment Scheme:
In case the Buyer deals with the credit card and by installments, the opted installment type on the website is valid. In the installment processes, the related provisions of the agreement that is signed between the Buyer card owner and the bank are applied. Credit card payment date is settled by the agreement terms between the bank and the Buyer. The Buyer can also track the installment number and payments from the abstract account the bank ascribed.
Article 14 - Right of Withdrawal:
Buyer CANNOT BENEFIT FROM THE RIGHT OF WITHDRAWAL ON THE SPECIALLY ORDERED PRODUCTS. Only in the case of the sold product is a general product, he may benefit from the right of withdrawal within 7 seven days from the delivery of the aforesaid goods/services to himself or the person/entity on the defined address. For the right of withdrawal to be benefited, the Seller is obliged to inform the customer services with telephone or e-mail and that the goods/ services must have been not used within the frame of the terms of article 15 and as per the foreknowledge published which are the inseparable part of this agreement published on the website www.bestegurel.com In case the right is benefited, the original bill concerning the goods/services delivered to the 3rd person or Buyer must be returned. Goods/services cost is returned within the 7 days following the notice related to the right of withdrawal is received and goods/services are accepted as return within 20 (twenty) days. In case the original receipt is not sent, VAT and other liabilities if available are not returned to the Buyer. The delivery cost of the goods/services returned due to the right of withdrawal is reconciled by the Buyer.
Article 15 - Goods/Services That Do Not Apply the Right of Withdrawal:
SPECIALLY SEWN PRODUCTS due to quality. Goods/services that cannot be returned shall not be returned.
Article 16 - Default Case and Legal Consequences:
In case the Buyer becomes a defaulter in the transactions performed with credit card, card owner shall pay the interest within the frame of the credit card agreement that the bank made with himself and shall be responsible to the bank. In such case, the concerned bank may apply for legal actions, may demand the expenses to be incurred and the solicitor's fee from the Buyer and in case the Buyer goes into default due to his debt in any reason, Buyer accepts to pay the loss and damage occurred in the Seller's side due to delayed execution of the debt.
Article 17 - Competent Court:
Competent authority in the disagreements that may be occur in this agreement is İSTANBUL courts. Otherwise, Consumer Arbitration Courts are authorized until the value proclaimed by the Ministry of Industry and Commerce, Consumer Courts are authorized for the value exceeding the defined; Civil Courts of First Instance where they are not available.