Distance Selling Agreement
DISTANCE SALES CONTRACT
("Agreement")
1. PARTIES TO THE CONTRACT
This Agreement; Sales person
Title |
: |
Derimod Leather Garment Marketing Industry and Trade Inc. (hereinafter referred to as "Seller".) |
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Mercy Number |
: |
0293000831300010 |
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Address for service |
: |
Gürsel Mahallesi İmrahor Caddesi Premier Campus Ofis Blok No:29 /A Independent section no. 219 Kağıthane/İSTANBUL |
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|
: |
support@derimod.com.tr |
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Telephone |
: |
0850 288 4 288 |
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Fax |
: |
0212 582 12 11 |
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With Customer |
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Name Surname/Title |
: |
{customerName} (hereinafter referred to as “Customer”) |
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Address for service |
: |
{customerAddress} |
|
|
: |
{e-mail} |
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Telephone |
: |
{phone} |
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Fax |
: |
{fax} |
It was concluded on {date} upon the offer and acceptance notified via the internet between.
(In this Agreement, the Seller and the Customer will each be referred to individually as a “Party” and together as “Parties”).
2. SUBJECT OF THE CONTRACT
The subject of this Agreement is the product that the Customer orders electronically from the Seller's website http://www.derimod.com.tr ("Site"), that has the qualifications mentioned in the Agreement and also has the sales price specified in the Agreement. It is to determine the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 ("Law") and the Distance Contracts Regulation No. 29188 ("Regulation") regarding the sale and delivery of the specified products ("Product/Products").
3. GOODS OR SERVICES SUBJECT TO THE CONTRACT, PAYMENT AND DELIVERY
The type, quantity, brand, model, color and sales price, including VAT, of the Product or Products that are the subject of this Agreement are as follows:
Name of the product |
Piece |
Price (VAT included) |
Subtotal |
{productTitle} |
{productQuantity} |
{productPrice} |
{productTotalPrice} |
Order processing and shipping fees |
{cargoPrice} |
||
Promotion / Discount |
{discountPrice} |
||
Total (including VAT) |
{totalPrice} |
||
Payment method |
{paymentType} |
||
Delivery address |
{shipmentAddress} |
||
Delivery person |
{shipmentCustomerName} |
||
Billing address |
{billingAddress} |
4. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer shall be provided with preliminary information regarding the basic characteristics of the Product or Products subject to this Agreement, the sales price including VAT, payment method, delivery, delivery and expenses, the right of withdrawal and the use of which shall be borne by the Customer, and the full commercial name, full address and contact information of the Seller. He accepts, declares and undertakes that he has read the form and has accurate and complete information and has given the necessary approval electronically.
4.2. The Customer hereby acknowledges that he/she is informed about the basic characteristics of the Product or Products subject to sale, sales price, payment method, delivery conditions and all other preliminary information and the right of withdrawal, confirms this preliminary information electronically and then orders the Product or Products. Accepts, declares and undertakes in accordance with the terms of the contract.
4.3. delivery of the Product or Products; It is done as soon as possible after the stock is available and the price is transferred to the Seller's account. The Seller accepts, declares and undertakes to deliver the Product or Products to the Customer's delivery address specified in this Agreement within 30 (thirty) days from the order.
4.4. The Seller accepts, declares and undertakes that it is responsible for delivering the Product or Products subject to the Contract to the Customer completely, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5. If the Seller has declared that the delivery fee will be covered by the Seller for those who shop above the amount declared on the Site, or that he will provide free delivery within the scope of the campaign, the delivery cost belongs to the Seller.
4.6. The Customer shall inspect the Product or Products subject to the Contract upon delivery but before receipt; The product or products that are dents, broken, with torn packaging and similar damaged and defective items will not be received from the cargo company.
4.7. The Customer accepts, declares and undertakes that the Product or Products received from the cargo company have been delivered to him/her completely, undamaged and intact. It is the Customer's responsibility to carefully protect the Product or Products after delivery.
4.8. If the relevant bank or financial institution does not pay the price of the Product or Products to the Seller due to the unfair or unlawful use of the Customer's credit card by unauthorized persons, which is not due to the fault of the Customer, after the delivery of the Product or Products, the Parties shall He accepts, declares and undertakes that he is obliged to send the Product or Products delivered to him to the Seller within 3 (Three) days, and that the delivery expenses incurred in this case shall be borne by the Customer.
4.9. If the price of the Product or Products is not paid for any reason or is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the Product or Products subject to this Agreement.
4.10. The Parties accept, 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 for the person/organization to be delivered not accepting the delivery.
4.11. If the Seller has a justified reason, the Seller may supply other Product or Products of equal quality and price to the Customer before the end of the performance period in the Contract. If the Seller thinks that the performance of the Product or Products has become impossible, it will notify the Customer before the execution period of the Contract expires.
4.12. The Seller cannot be held responsible for the failure of the ordered Product or Products to be delivered to the Customer's delivery address specified in this Agreement, due to any problems that the cargo company that will make the delivery may encounter during the delivery of the Product or Products to the Customer.
4.13. If the Seller cannot fulfill its Contractual obligations due to the impossibility of delivery of the ordered Product(s) to the Customer, it shall notify the Customer of this situation before the expiry of the performance obligation arising from the Contract and may supply a different product of equal quality and price to the Customer.
4.14. If the Seller cannot deliver the Product or Products subject to the Contract within the time limit due to force majeure or extraordinary circumstances such as weather conditions that prevent delivery or interruption of transportation, the Seller is obliged to notify the Customer of the situation. In this case, the Customer may exercise one of the rights to cancel the order, replace the Product(s) with a similar one, if any, and/or postpone the delivery time until the hindering situation disappears.
4.15. If the customer makes purchases by credit card and in installments, the installment method specified in this Agreement is valid. In installment transactions, the relevant provisions of the contract signed between the Customer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Customer. The customer can also follow the number of installments and payments from the account statement sent by the bank.
4.16. For payments made by the Customer by credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the Customer. The reflection of this amount on the Customer accounts after it is returned to the bank is entirely related to the bank transaction process, and it is not possible for the Seller to intervene in any way regarding this issue.
4.17 The Customer accepts, declares and undertakes that in campaign sales made by the Seller over the Internet, the campaign conditions are notified to him/her on the Seller's website before purchasing the product(s) subject to the campaign, and that the Seller cannot be held responsible for any problems that may arise due to failure to read this notification.
4.18 In promotional sales made by the Seller over the internet, due to technical problems that may occur in the internet system, the discount applied on a single product may be applied to multiple products, incorrect price display, etc. If a technical problem occurs for which the Seller cannot be held responsible, the Seller reserves the right to cancel the sale made on incorrect pricing due to this technical problem. The Customer, who has been informed of the promotional sales conditions as stated in Article 4.17 of this agreement, accepts, declares and undertakes that the Seller has the right to cancel the order placed with incorrect pricing due to technical problems on the website.
5. RIGHT OF WITHDRAWAL
5.1. The Customer has the right to withdraw without having to give any reason within 14 (Fourteen) days from the delivery of the Product or Products to the delivery address specified in this Agreement.
5.2. In order to exercise the right of withdrawal, the Seller must be notified by fax, telephone or e-mail within a period of 14 (fourteen) days and the Product or Products to be returned must be unused within the framework of the provisions of Article 6 of this Agreement and must be offered for sale again by the Seller. It must be of acceptable quality. In case the right of withdrawal is exercised:
I. The invoice for the Product or Products delivered to the delivery address specified by the Customer in this Agreement (If the invoice for the Product or Products to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions It will not be completed unless the RETURN INVOICE is issued)
ii. Return form,
iii. The product or products' box, packaging and standard accessories, if any
It must be delivered to the Seller complete and undamaged.
5.3. After the items listed in Article 5.2 reach the Seller, the price of the returned Product or Products will be refunded to the Customer.
5.4. All shipping costs, including shipping to the Customer, of the Product or Products returned for any reason within the specified period will be covered by the Seller.
5.5. When returning the Product or Products to the Seller, the original invoice submitted to the Customer during delivery must also be returned to the Seller, and the invoice must be returned together with the Product or Products or at the latest within 5 (five) days from the date of shipment of the Product or Products. If it is not sent to the Seller within the specified time, the refund will not be made and the Product or Products will be sent back to the Customer in the same way with a counter payment.
5.6. The phrase "return invoice" will be written on the invoice to be returned and signed by the Customer.
6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Right of withdrawal; whose protective elements such as packaging, tape, seal, package have been opened and used after delivery; It cannot be used on products that are not suitable for return in terms of health and hygiene. In addition, the right of withdrawal cannot be exercised for products that are used contrary to the instructions for use, produced in accordance with the Buyer's special requests and demands, or personalized by making changes or additions.
7. COMPETENT COURT
In disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts in the Customer's place of residence are authorized up to the value declared by the Ministry of Industry and Trade.
8. NOTIFICATIONS
All notices, notices and notifications to be made in accordance with this Agreement will be made to the addresses of the Parties specified in Article 1 of this Agreement by e-mail, courier with description, registered letter or notary public. The Parties agree that the addresses specified in the Agreement are legal notification addresses and that notifications made to these addresses will be valid unless the address change is notified to the other party five (5) business days in advance. All notifications within the scope of this Agreement made by the Seller will be deemed to have been received by the Customer 1 (one) day after they are sent, and all notifications within the scope of this Agreement sent by the Customer to the Seller will be valid from the day they are deemed to have been notified in accordance with Turkish Laws.
9. FINAL PROVISIONS
This Agreement consists of 9 (nine) articles and 6 (six) pages and was concluded by the Parties on {date}. The preliminary information form and invoice located on the payment page of the http://www.derimod.com.tr website are integral parts of this Agreement. The Parties accept, declare and undertake that they have read and accepted this entire Agreement, that the information provided by them herein is correct and that all contract provisions are valid. By approving this Agreement through the specially designed infrastructure of the Site, the Customer is deemed to have accepted all the conditions in the Agreement.
Sales person |
Customer |
Derimod Leather Garment Marketing Industry and Trade Inc. |
{customerName} |