DISTANCE SELLING AGREEMENT
1. PARTIES
This Agreement has been entered into by the following parties under the terms and conditions set out below.
A. “BUYER” (hereinafter referred to as the “BUYER” in this Agreement)
B. “SELLER: İDEAL OTO MEHMET ALİ GÜNDOĞDU” (hereinafter referred to as the “SELLER” in this Agreement)
MEHMET ALİ GÜNDOĞDU
Tax Office: Sultanbeyli
Tax Number: 27317005320
ADDRESS: Meclis Mah. Teraziler Cad. Perpim Sanayi Sitesi No:31 A İç Kapı No:66 Sancaktepe/İstanbul
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order covered by this Agreement, they will be obliged to pay the order price and any specified additional charges, such as shipping fees and taxes, and that they have been informed of this obligation.
2. DEFINITIONS
For the application and interpretation of this Agreement, the following terms shall have the meanings given below.
MINISTER: The Minister of Customs and Trade;
MINISTRY: The Ministry of Customs and Trade;
LAW: Law No. 6502 on Consumer Protection;
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188);
SERVICE: The subject of any consumer transaction, other than the supply of goods, performed or undertaken in return for a fee or benefit;
SELLER: The company that supplies goods to consumers in the course of its commercial or professional activities, or acts in the name or on behalf of a supplier of goods;
BUYER: A natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes;
WEBSITE: The website belonging to the SELLER;
ORDERING PARTY: A natural or legal person who requests goods or services through the SELLER’s website;
PARTIES: The SELLER and the BUYER;
AGREEMENT: This Agreement entered into between the SELLER and the BUYER;
GOODS: Movable items offered for sale, as well as software, audio, images and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties regarding the sale and delivery of the product, the specifications and sales price of which are stated below, ordered electronically by the BUYER through the SELLER’s website, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The prices listed and announced on the website are sales prices. Advertised prices and commitments remain valid until updated or changed. Prices advertised for a limited period remain valid until the end of that period.
4. SELLER INFORMATION
Trade Name: İDEAL OTO MEHMET ALİ GÜNDOĞDU
Address: Meclis Mah. Teraziler Cad. Perpim Sanayi Sitesi No:31 A İç Kapı No:66 Sancaktepe/İstanbul
Phone: +905327817379
Fax
Email: [email protected]
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PARTY INFORMATION
Name/Surname/Trade Name
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) COVERED BY THE AGREEMENT
1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, colour and number of units) are published on the SELLER’s website. If the SELLER runs a promotion, you may review the basic characteristics of the relevant product during the promotion. They are valid until the promotion date.
7.2. The prices listed and announced on the website are sales prices. Advertised prices and commitments remain valid until updated or changed. Prices advertised for a limited period remain valid until the end of that period.
7.3. The sales price of the goods or services covered by this Agreement, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT)
Shipping Amount
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of dispatching the product, shall be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Trade Name
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be sent to the email address after the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and understood the preliminary information on the SELLER’s website concerning the product’s basic characteristics, sales price, payment method and delivery, and have provided the required electronic confirmation. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that, before entering into the distance selling agreement, they have also received accurately and completely the address that the SELLER must provide, the basic characteristics of the ordered products, their prices including taxes, and payment and delivery information.
9.2. Each product covered by the Agreement shall be delivered to the BUYER or to the person and/or organisation at the address designated by the BUYER within the period specified in the preliminary information on the website, depending on the distance to the BUYER’s place of residence, without exceeding the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product completely, in accordance with the specifications stated in the order, together with any warranty documents, user manuals and other necessary information and documents; to perform its obligations honestly and in good faith, free of defects, in sound condition and in accordance with applicable legislation and standards; to maintain and improve service quality; and to exercise due care, diligence, prudence and foresight in performing its obligations.
9.4. Before the period for performing its contractual obligation expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval.
9.5. If the SELLER cannot fulfil its contractual obligations because performance of the ordered product or service becomes impossible, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of learning of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes to confirm this Agreement electronically for delivery of the product, and acknowledges that the SELLER’s obligation to deliver the product shall end if, for any reason, the product price is not paid and/or the payment is cancelled in bank records.
9.7. If, after delivery to the BUYER or the person and/or organisation at the designated address, the relevant bank or financial institution does not pay the product price to the SELLER because the BUYER’s credit card was unlawfully used by unauthorised persons, the BUYER accepts, declares and undertakes to return the product to the SELLER within 3 days, with transportation costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product on time due to force majeure, including unforeseeable circumstances beyond the parties’ control that prevent and/or delay performance of their obligations, the SELLER accepts, declares and undertakes to inform the BUYER. The BUYER shall be entitled to request cancellation of the order, replacement with an equivalent product if available, and/or postponement of delivery until the circumstances preventing delivery cease. If the BUYER cancels the order, payments made in cash shall be refunded in cash and in a single payment within 14 days. For credit card payments, the product amount shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER accepts, declares and undertakes that it may take an average of 2 to 3 weeks for the bank to credit a refund to the BUYER’s account, and that, after the SELLER refunds the amount to the bank, the crediting of the amount is entirely subject to the bank’s processing procedures; the SELLER cannot be held responsible for possible delays.
9.9. The SELLER is entitled to contact the BUYER for communication, marketing, notification and other purposes by letter, email, SMS, telephone call and other means using the address, email address, landline and mobile telephone numbers and other contact details supplied by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities described above.
9.10. The BUYER shall inspect the goods/services before accepting delivery and shall not accept damaged or defective goods/services, such as items that are dented or broken or have torn packaging, from the courier company. Goods/services accepted on delivery shall be deemed undamaged and in sound condition. The BUYER is responsible for taking due care of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are different persons, or if a security issue concerning the credit card is identified before delivery, the SELLER may ask the BUYER to provide the cardholder’s identification and contact details, the previous month’s statement for the card used for the order, or a letter from the cardholder’s bank confirming ownership of the card. The order shall be suspended until the BUYER supplies the requested information/documents. If these requests are not met within 24 hours, the SELLER shall be entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate, and that, upon the SELLER’s first notification, they shall immediately compensate the SELLER in cash and in a single payment for all losses arising from inaccurate information.
9.13. The BUYER accepts and undertakes from the outset to comply with applicable legislation when using the SELLER’s website and not to violate it. Otherwise, all resulting civil and criminal liabilities shall be borne solely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, offends public morals, disturbs or harasses others, serves an unlawful purpose, or infringes others’ material or moral rights. In addition, members may not engage in activities that prevent or hinder others from using the services, such as spam, viruses or Trojan horses.
9.15. The SELLER’s website may contain links to other websites and/or content outside the SELLER’s control and/or owned and/or operated by third parties. These links are provided for the BUYER’s convenience and do not constitute endorsement of any website or its operator, or any guarantee concerning the information on the linked website.
9.16. A member who violates one or more provisions of this Agreement shall be personally liable for the civil and criminal consequences of that violation and shall hold the SELLER free from those consequences. In addition, if the matter becomes the subject of legal proceedings, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. For a distance contract concerning the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days of delivery to the BUYER or the person/organisation at the designated address, provided the SELLER is notified, without giving any reason and without incurring any civil or criminal liability. For distance contracts concerning services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised for service contracts where performance has begun with the consumer’s consent before the withdrawal period expires. Costs arising from exercising the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered post with acknowledgement of receipt, fax or email within 14 (fourteen) days, and the product must not have been used, in accordance with the provisions on “Products Excluded from the Right of Withdrawal” in this Agreement. If this right is exercised:
a) The invoice for the product delivered to the BUYER or a third party must be provided. If the invoice for the product to be returned was issued to a business, the product must be returned with a return invoice issued by that business. Returns of orders invoiced to businesses cannot be completed unless a RETURN INVOICE is issued.
b) A return form must be provided.
c) Products to be returned must be delivered complete and undamaged, together with their box, packaging and any standard accessories.
d) The SELLER must refund the total amount and return any documents placing the BUYER under an obligation within no more than 10 days of receiving the withdrawal notice, and must take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to the BUYER’s fault, the BUYER must compensate the SELLER for the losses in proportion to their fault. However, the BUYER is not responsible for changes or deterioration resulting from proper use of the goods or product during the withdrawal period.
f) If exercising the right of withdrawal causes the order amount to fall below the threshold of a promotion offered by the SELLER, the discount received under that promotion shall be cancelled.
11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
Under the Regulation, a product cannot be returned if it has been opened and damaged by the BUYER. The Regulation also does not allow the right of withdrawal to be exercised for services whose performance has begun with the consumer’s consent before the withdrawal period expires.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that, if they default on a payment made by credit card, they shall pay interest and remain liable to the card-issuing bank under their credit card agreement. In such a case, the bank may pursue legal remedies and claim the resulting costs and legal fees from the BUYER. In all cases where the BUYER defaults on a debt, the BUYER accepts, declares and undertakes to pay for the losses and damage suffered by the SELLER due to delayed performance of the obligation.
13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court at the consumer’s place of residence or the place where the consumer transaction took place, within the monetary thresholds specified in the law below. The monetary thresholds are as follows:
Effective from 01/01/2017, for applications to consumer arbitration committees in 2017:
a) District consumer arbitration committees have jurisdiction over disputes valued below TRY 2,400 (two thousand four hundred).
b) Provincial consumer arbitration committees have jurisdiction in metropolitan provinces over disputes valued between TRY 2,400 (two thousand four hundred) and TRY 3,610 (three thousand six hundred ten).
c) Provincial consumer arbitration committees have jurisdiction in the centres of non-metropolitan provinces over disputes valued below TRY 3,610 (three thousand six hundred ten).
ç) Provincial consumer arbitration committees have jurisdiction in districts of non-metropolitan provinces over disputes valued between TRY 2,400 (two thousand four hundred) and TRY 3,610 (three thousand six hundred ten).
This Agreement is entered into for commercial purposes.
14. EFFECTIVENESS
When the BUYER completes payment for an order placed through the Website, they shall be deemed to have accepted all the terms of this Agreement. The SELLER must make the necessary software arrangements to obtain confirmation, before the order is completed, that the BUYER has read and accepted this Agreement on the website.
SELLER:
BUYER:
DATE:
Sample Privacy Policy
1. Collection and Use of Personal Information
1.1. The business will use personal information collected from the buyer only for order processing and communication.
1.2. Personal information will not be shared with third parties.
2. Use of Cookies
2.1. The business may use cookies on its website. The cookie policy can be accessed via [link].
3. Security
3.1. Necessary measures will be taken to protect personal information.
3.2. The business determines the measures to be taken in the event of loss, theft or misuse of personal information.
You can adapt these sample texts to the needs of your business. In particular, remember to take local legal requirements and your business policies into account.
