Distance Selling Agreement

DISTANCE SALES AGREEMENT

1. PARTIES TO THE AGREEMENT

This Agreement; Seller

was concluded on …………date upon the offer and acceptance notified via the internet environment between

(In this Agreement, the Seller and the Customer will each be referred to individually as "Party" and collectively as "Parties".)

 

2. SUBJECT OF THE AGREEMENT

The subject of this Agreement is the Customer's http://www.derimod.com.tr The determination of the rights and obligations of the Parties regarding the sale and delivery of the products ("Product/Products") ordered electronically from the website ("Site"), which have the qualities mentioned in the Agreement and whose sales price is also specified in the Agreement, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers ("Law") and the Regulation on Distance Contracts No. 29188 ("Regulation").

 

3. GOODS OR SERVICES SUBJECT TO THE AGREEMENT, PAYMENT AND DELIVERY

The type, quantity, brand, model, color, and sales price including VAT of the Product or Products subject to this Agreement are specified below:

 

4. DECLARATIONS, RIGHTS, AND OBLIGATIONS OF THE PARTIES

4.1. The Customer acknowledges the basic characteristics of the Product or Products subject to this Agreement, the sales price including VAT, payment

form, delivery, delivery and expenses, the right of withdrawal, and its use will be borne by the Customer, 

The Customer acknowledges, declares, and undertakes that they have read and obtained accurate and complete information about the Seller's full trade name, full address, and contact information in the preliminary information form and have given the necessary approval electronically.

4.2. The Customer acknowledges that they are informed about the basic characteristics of the Product or Products subject to the sale, the sales price, payment method, delivery conditions, and all other preliminary information and the right of withdrawal, and that they have received this preliminary information electronically.

They confirm and subsequently accept, declare, and undertake the Product or Products ordered according to the provisions of this Agreement.

4.3. The delivery of the Product or Products will be made as soon as possible after the stock is available and the price has been credited to the Seller's account. The Seller acknowledges, declares, and undertakes that they will deliver the Product or Products to the delivery address specified by the Customer in this Agreement within 30 (Thirty) days from the order.

4.4. The Seller acknowledges, declares, and undertakes that they are responsible for delivering the Product or Products subject to the Agreement to the Customer completely, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals if available.

4.5. If the Seller has declared that they will cover the delivery fee for those who shop above the amount announced on the Site or will provide free delivery within the campaign, the delivery cost shall be borne by the Seller.

4.6. The Customer will inspect the Product or Products subject to the Agreement at the time of delivery but before accepting them; they will not accept from the cargo company any Product or Products that are dented, broken, with torn packaging, or similarly damaged and defective.

4.7. The Customer acknowledges, declares, and undertakes that the Product or Products received from the cargo company have been delivered to them completely, without damage, and intact. The obligation to carefully protect the Product or Products after delivery belongs to the Customer.

4.8. The Parties acknowledge, declare, and undertake that if the bank or financial institution does not pay the Seller the price of the Product or Products due to unauthorized, unjust, or unlawful use of the Customer's credit card by unauthorized persons not caused by the Customer's fault after the delivery of the Product or Products, the Customer is obliged to send the Product or Products delivered to them back to the Seller within 3 (Three) days, and in this case, the delivery expenses will be borne by the Customer.

4.9. If for any reason the price of the Product or Products is not paid or is canceled in bank records, the Seller is considered released from the obligation to deliver the Product or Products subject to this Agreement.

4.10. The Parties acknowledge, declare, and undertake that if the Product or Products are to be delivered to a person/organization other than the Customer, the Seller is not responsible if the person/organization to be delivered refuses to accept the delivery.

4.11. If it is understood that the Seller cannot supply the Product subject to the Agreement, the Seller is obliged to inform the Customer clearly within three (3) days from the date of learning this situation by a lawful method and, with the Customer's verbal/written approval, may supply another good/service of equal quality and price and thus fulfill the contractual obligation. The Customer is free in every respect to give or not give this approval, and if approval is not given, the contractual and legal provisions regarding contract termination apply. 

4.12. The Seller cannot be held responsible for the failure to deliver the ordered Product or Products to the delivery address specified by the Customer in this Agreement due to any problems encountered by the cargo company responsible for delivery during the delivery stage.

4.13. If the Seller cannot deliver the Product or Products subject to the Agreement on time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruption preventing delivery, the Seller is obliged to inform the Customer of the situation. In this case, the Customer may use one of the rights to cancel the order, replace the Product or Products with an equivalent if available, and/or postpone the delivery time until the obstructive situation is resolved.

4.14. In case the Customer makes a purchase with a credit card and in installments, the installment method specified in this Agreement applies. In installment transactions, the relevant provisions of the contract signed between the Customer and the card-issuing bank are valid. The credit card payment date is between the bank and the Customer.

determined by the provisions of the contract. Additionally, the Customer can track the number of installments and payments from the account statement sent by the bank.

4.15. In payments made by the Customer with a credit card, the product amount is refunded to the relevant bank within 7 days after the Customer cancels the order before delivery. The reflection of this amount to the Customer's account after the refund to the bank is entirely related to the bank's processing time, and the Seller cannot intervene in this matter in any way.

4.16. The Customer accepts, declares, and undertakes that in promotional sales made by the Seller over the Internet, the campaign conditions were notified to them via the Seller’s website before purchasing the product(s) subject to the campaign, and the Seller cannot be held responsible for problems that may arise due to not reading this notification.

4.17. In promotional sales made by the Seller over the internet, due to technical problems that may occur in the internet system, such as applying the discount applied to a single product to multiple products, incorrect price display, etc., if a technical problem arises for which the Seller cannot be held responsible, the Seller reserves the right to cancel the sale made at the incorrect pricing due to this technical problem. As stated in article 4.16 of this agreement, the Customer, who has been informed of the promotional sales conditions, accepts, declares, and undertakes that the Seller has the right to cancel the order placed at the incorrect pricing due to technical problems on the website.

4.18. In case of termination of the Agreement in accordance with the provisions of this Agreement and the law, the Seller shall refund the product price to the Customer within 14 (fourteen) days from the date the termination notice reaches the Seller by the notification method specified in this agreement, in accordance with the payment method used by the Customer. If the Customer exercises the right of withdrawal, article 5.3 of this Agreement shall apply to the refund of the product price by the Seller to the Customer. 

 

5. RIGHT OF WITHDRAWAL

5.1. The Customer has the right of withdrawal within 14 (Fourteen) days from the delivery of the Product or Products to the delivery address specified in this Agreement without having to state any reason. However, the customer can also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods. (Except for contracts arranged for the product group for which the right of withdrawal cannot be used as specified in article 6 below). In case of exercising the right of withdrawal, the Customer must return the product to the Seller within fourteen (14) days from the date of notification to the Seller regarding the use of the right of withdrawal.

5.2. To exercise the right of withdrawal, notification must be made to the Seller by phone or e-mail within 14 (Fourteen) days, and the Product or Products to be returned must be unused and in a condition that can be resold by the Seller. In case of exercising the right of withdrawal:

i. The invoice of the Product or Products delivered to the delivery address specified by the Customer in this Agreement, (If the invoice of the Product or Products to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued)

ii. Return form,

iii. The box, packaging, and if any, standard accessories of the Product or Products

It must be delivered to the Seller completely and undamaged together with

5.3.

If the right of withdrawal is exercised in accordance with the provisions of this Contract and the law, and the product price has been collected, it will be refunded to the Customer within the period specified below: 

a. In case the right of withdrawal is exercised; If the Customer delivers the goods subject to the right of withdrawal to the carrier specified by the Seller in the Pre-Information Form, the Seller shall refund all payments collected from the Buyer, including delivery costs to the Customer if any, within 14 (fourteen) days from the date of delivery, using the payment method used by the Customer.

b. In case the right of withdrawal is exercised; If the Customer returns the goods with a carrier other than the one specified in the Pre-Information Form for the return, the Seller shall refund all payments collected from the Customer, including delivery costs to the Customer if any, within 14 (fourteen) days from the date the goods reach the Seller, using the payment method used by the Customer.

c. The Customer exercises the right of withdrawal before the goods are delivered to them in case; The Seller shall refund all payments collected, including delivery costs to the Customer if any, within 14 (fourteen) days from the date the notification of the exercise of the right of withdrawal reaches the Seller by the notification method specified in this contract, using the payment method used by the Customer.

5.4. All shipping costs, including sending the Product or Products returned for any reason within the withdrawal period, will be covered by the Seller.

5.5. When the Product or Products are returned to the Seller, the original invoice presented to the Customer at the time of delivery must also be returned to the Seller. If the invoice is not sent to the Seller together with the Product or Products or at the latest within 5 (Five) days from the shipment of the Product or Products, the return process will not be carried out, and the Product or Products will be sent back to the Customer by cash on delivery.

5.6. The invoice to be returned must also have the phrase "return invoice" written on it and be signed by the Customer.

 

6. CONTRACTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED 

In contracts for the delivery of any of the following products, the Customer (referred to as "consumer" in this article) cannot exercise the right of withdrawal:

a) Contracts for goods or services whose prices fluctuate due to financial market changes and are not under the control of the seller or provider. 

b) Contracts for goods prepared according to the consumer's requests or personal needs. 

c) Contracts for the delivery of perishable goods or goods that may expire. 

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; goods that are not suitable for return due to health and hygiene reasons. 

d) Contracts related to goods that are mixed with other products after delivery and cannot be separated due to their nature. 

e) Contracts related to books, digital content, and computer consumables presented in a material medium if protective elements such as packaging, tape, seal, or package have been opened after delivery of the goods. 

f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under subscription contracts. 

g) Contracts related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure time evaluation for entertainment or relaxation to be performed on a specific date or period. 

ğ) Contracts for services performed instantly in electronic environment or for intangible goods delivered instantly to the consumer.

 h) Contracts for services started with the consumer’s consent before the withdrawal period expires. 

ı) Contracts concluded by live auction in the form of an open auction.

 

7. COMPETENT COURT

In disputes arising from this agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts at the Customer’s place of residence have jurisdiction. Within this framework, the Customer may apply to the Arbitration Committees at their or, if desired, the Seller’s place of residence (domicile) or to the Consumer Courts with the condition of applying to a mediator before filing a lawsuit pursuant to Article 73/A of Law No. 6502 on the Protection of the Consumer.

 

8. NOTIFICATIONS

All notifications, warnings, and notices to be made under this Agreement shall be sent to the addresses of the Parties specified in Article 1 of this Agreement by e-mail, detailed cargo shipment, registered mail with return receipt, or through a notary. The Parties agree that the addresses specified in the Agreement are the legal notification addresses, and unless the address change is notified to the other party five (5) business days in advance, notifications made to these addresses will be valid. All notifications made by the Seller within the scope of this Agreement shall be deemed to have reached the Customer one (1) day after being sent, and all notifications sent by the Customer to the Seller within the scope of this Agreement shall be valid from the date they are considered served according to Turkish Law.

 

9. FINAL PROVISIONS

This Agreement consists of 9 (nine) articles and … (….) pages and was concluded by the Parties on ……… date. http://www.derimod.com.tr The preliminary information form and invoice on the payment page of the website are an integral part of this Agreement. The Parties have read the entire Agreement,

accept that the information they have provided here is correct and that all contract provisions are valid, declare and undertake. The Customer who approves this Agreement with the specially arranged infrastructure of the Site is deemed to have accepted all the terms in the Agreement.