SALES AGREEMENT
1. SUBJECT
This agreement covers the sale and delivery of the products,
the characteristics and sales prices of which are specified below, from the
SELLER to the BUYER, in accordance with the provisions of the Consumer
Protection Law No. 6502 and the Regulation on Distance Contracts (Official
Gazette: 27.11.2014/29188). By accepting this preliminary information form, the
BUYER acknowledges that they will be obliged to pay the order amount and any
additional fees such as shipping costs and taxes if they confirm the order
subject to the contract, and that they have been informed in this regard.
2. SELLER INFORMATION
3. BUYER INFORMATION (Hereinafter referred to as the
BUYER)
4. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
4.1 The main features of the goods/products/services (type,
quantity, brand/model, color, quantity) are available on the SELLER's website.
You can review the basic features of the product during the campaign period. It
is valid until the end of the campaign period.
4.2 The listed and announced prices are the sales prices.
The announced prices and promises are valid until updated and changed. The
prices announced for a limited period are valid until the specified end date.
4.3 The total sales price of the goods or services,
including all taxes, is shown in the table below.
5. GENERAL TERMS
5.1. The BUYER acknowledges, declares, and undertakes that
they have read the preliminary information regarding the essential
characteristics of the product, its sales price, payment method, and delivery
details on the SELLER's website, and have provided the necessary confirmation
electronically. By confirming the Preliminary Information electronically, the
BUYER also acknowledges, declares, and undertakes that they have received the
address to be given by the SELLER before the distance sales contract is established,
the basic characteristics of the ordered products, their prices including
taxes, and the payment and delivery information correctly and completely.
5.2. Each product under the contract shall be delivered to
the BUYER or the person/organization indicated by the BUYER at the address
provided within the period specified in the preliminary information section on
the website, depending on the distance of the BUYER's location, not exceeding
the legal 30-day period. If the product cannot be delivered to the BUYER within
this period, the BUYER has the right to terminate the contract.
5.3. The SELLER accepts, declares, and undertakes to deliver
the product under the contract in accordance with the specifications stated in
the order, free from any defects, in compliance with legal requirements, in
accordance with standards, with any applicable warranty certificates and user
manuals, and to perform the work with the necessary care and attention,
maintaining the quality of service, and acting with foresight and prudence.
5.4. The SELLER may supply a different product of equal
quality and price, provided that they inform the BUYER and obtain their
explicit approval before the contractual performance obligation expires.
5.5. If the performance of the ordered product or service
becomes impossible, the SELLER shall inform the BUYER in writing within 3 days
from the date of learning of this situation and shall return the total amount
paid to the BUYER within 14 days.
5.6. The BUYER acknowledges, declares, and undertakes that
they will confirm this Preliminary Information Form electronically for the
delivery of the product under the contract. If the contract amount is not paid
for any reason or the payment is canceled in the bank records, the SELLER's
obligation to deliver the product under the contract will cease.
5.7. If, after the delivery of the product under the
contract to the BUYER or the person/organization indicated by the BUYER, the
relevant bank or financial institution does not pay the product price to the
SELLER due to unauthorized use of the BUYER's credit card by unauthorized
persons, the BUYER acknowledges, declares, and undertakes that they will return
the product to the SELLER within 3 days with the shipping cost borne by the
SELLER.
5.8. The SELLER accepts, declares, and undertakes that in cases where the delivery of the product is delayed due to force majeure, which is defined as unforeseen and unavoidable circumstances that prevent or delay the fulfillment of the obligations of the parties, they will notify the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product under the contract with an equivalent one if available, or the postponement of the delivery time until the obstructing situation is resolved. In the event that the order is canceled by the BUYER, if the payment was made in cash, the product amount will be refunded to the BUYER within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that they are aware of the possibility that the bank may take 2 to 3 weeks to reflect the refunded amount in the BUYER's account and that the SELLER cannot be held responsible for any delays in this regard.
6. INVOICE INFORMATION
Payment Method:
Delivery Address:
Recipient:
Invoice Address:
Shipping Fee:
TL
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
7. RIGHT OF WITHDRAWAL
7.1. The BUYER, in distance contracts related to the sale of goods, has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization indicated by the BUYER, without assuming any legal or penal responsibility and without providing any justification, by notifying the SELLER. For distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the execution of the service has begun with the consumer's approval before the withdrawal period ends. The costs arising from the use 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.
7.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 7 (seven) days, and the product must not be used within the framework of the provisions on "Products for which the Right of Withdrawal Cannot be Exercised" as regulated in this contract. In case of exercising this right:
7.2.1. The invoice of the product delivered to the third party or the BUYER must be returned (If the invoice for the product to be returned is issued to a company, it must be sent back with the return invoice issued by the company. Order returns issued on behalf of companies cannot be completed without a RETURN INVOICE).
7.2.2. The return form must be completed.
7.2.3. The product to be returned must be delivered complete and undamaged, along with its box, packaging, and standard accessories, if any.
7.2.4. The SELLER is obligated to refund the total amount and return the documents that put the BUYER under debt within a maximum of 10 days from the receipt of the withdrawal notification, and to accept the return of the product within 20 days.
7.2.5. If there is a decrease in the value of the goods or if the return becomes impossible due to the BUYER's fault, the BUYER is obliged to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for changes or deteriorations that occur due to the proper use of the goods or products within the withdrawal period.
7.2.6. If the total amount of a campaign organized by the SELLER falls below the campaign limit due to the exercise of the right of withdrawal, the discount amount benefited from under the campaign will be canceled.
8. PRODUCTS THAT CANNOT BE RETURNED UNDER THE RIGHT OF
WITHDRAWAL
8.1. The right of withdrawal cannot be exercised for the
following products and services:
a) Contracts for goods or services whose price is subject to
fluctuations in the financial markets and which are beyond the control of the
seller or provider.
b) Contracts for goods that are prepared in accordance with
the consumer's requests or personal needs.
c) Contracts for the delivery of goods that are perishable
or may expire.
ç) Contracts for goods that are unsuitable for return due to
health or hygiene reasons if their protective elements such as packaging, tape,
seal, or package have been opened after delivery.
d) Contracts for goods that, after delivery, are mixed with
other products and cannot be separated due to their nature.
e) Contracts for books, digital content, and computer
consumables, data recording, and data storage devices if the protective
elements such as packaging, tape, seal, or package have been opened after
delivery.
f) Contracts for the delivery of periodicals such as
newspapers and magazines, except for those provided under a subscription
agreement.
g) Contracts for services related to accommodation,
transportation of goods, car rental, supply of food and beverages, and
entertainment or recreation activities, which must be provided on a specific
date or during a specific period.
ğ) Contracts for services that are instantly performed
electronically or intangible goods that are instantly delivered to the
consumer.
h) Contracts for services that have begun to be performed
with the consumer's approval before the right of withdrawal period ends.
Cosmetic and personal care products, underwear, swimwear,
bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, as
well as stationery supplies (toner, cartridge, ribbon, etc.), can only be
returned if their packaging has not been opened, tested, damaged, or used.
8.2. The SELLER can submit complaints and objections
regarding the transaction to the consumer arbitration committee or consumer
court in the location of the consumer's residence or where the transaction was
made, within the monetary limits set by the following law:
Effective from 28/05/2014:
a) For disputes under 2,000.00 TL, applications can be made
to the district consumer arbitration committees, as per Article 68 of the
Consumer Protection Law No. 6502.
b) For disputes under 3,000.00 TL, applications can be made
to the provincial consumer arbitration committees.
c) In provinces with metropolitan status, applications can
be made to the provincial consumer arbitration committees for disputes between
2,000.00 TL and 3,000.00 TL.
This Agreement is made for commercial purposes.
SELLER
QUA AKSESUAR
BUYER
Name:
Surname:
Date: