Distance Sales Agreement
DISTANCE SALES AGREEMENT
("Agreement")
1. PARTIES TO THE AGREEMENT
This Agreement; Sales person
Title : VOLKAN AKTEPE
Mersis No:
Notification Address: GÖKALP MAH. 39/10. SK. NO: 3 INTERIOR DOOR NO: 2
ZEYTINBURNU/ ISTANBUL
Email : [email protected]
Phone : 0535 466 86 63
Fax :
With Customer
Name Surname/Title : ......... (will be referred to as "Customer" for short.)
Address for service : .........
Email : .........
Telephone : .........
Fax : .........
It was concluded on the date of ........., upon the offer and acceptance reported between
(In this Agreement, the Seller and the Customer will each be referred to as a "Party" separately and collectively as the "Parties".)
2. SUBJECT OF THE AGREEMENT
The subject of this Agreement is the products that the Customer has ordered electronically from the Seller's http://www.milonie.com website (“Site”), which have the qualifications mentioned in the Agreement and whose sales price is also specified in the Agreement. It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer (“Law”) and the Regulation on Distance Contracts No. 29188 (“Regulation”) regarding the sale and delivery of the (“Product/Products”).
3. CONTRACTUAL GOODS OR SERVICES, PAYMENT AND DELIVERY
The type, quantity, brand, model, color and VAT included sales price of the Product or Products that are the subject of this Agreement are as follows:
Name of the product .........
Number .........
Price (including VAT) .........
Subtotal .........TL
Order processing and shipping fees .........TL
Promotion / Discount .........TL
Total (including VAT) .........TL
Payment method .........
Delivery address .........
Person to be delivered .........
Billing address .........
4. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer shall provide preliminary information regarding the Seller's full trade name, full address and contact information, on the basic characteristics of the Product or Products subject to this Agreement, the sales price including VAT, payment method, delivery, delivery and costs, the right of withdrawal and the use of which shall be borne by the Customer. accepts, declares and undertakes that he/she has read the form and has accurate and complete information and has given the necessary approval in electronic environment.
4.2. The Customer hereby declares that he/she is informed about the basic characteristics, sales price, payment method, delivery conditions and all other preliminary information and the right of withdrawal of the Product or Products subject to sale, confirms these preliminary information electronically and then the Product or Products have placed the order. It accepts, declares and undertakes in accordance with the provisions 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 the delivery of the Contracted Product or Products to the Customer in full, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals, if any.
4.5. If the Seller declares that the delivery fee will be covered by himself or that he will make free delivery within the scope of the campaign, the delivery cost belongs to the Seller.
4.6. The Customer shall inspect the Contracted Product or Products at the time of delivery but before receiving them; dented, broken, torn packaging and similar damaged and defective Products or Products 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 completely, undamaged and intact. It is the Customer's responsibility to carefully protect the Product or Products after delivery.
4.8. Parties agree that, after the delivery of the Product or Products, if the relevant bank or financial institution fails to 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, not due to the Customer's fault. It accepts, declares and undertakes that it is obliged to send the Product or Products delivered to it to the Seller within 3 (Three) days, and that the delivery expenses to be incurred in this case belong to the Customer.
4.9. If, for any reason, the price of the Product or Products is not paid or canceled in the bank records, the Seller shall be deemed to be relieved of the obligation to deliver the Product or Products subject to this Agreement.
4.10. The Parties agree, declare and undertake that the Seller is not responsible if the Product or Products are to be delivered to a person/organization other than the Customer, if the person/entity to be delivered does not accept the delivery.
4.11. The Seller may supply the Customer with other Product or Products of equal quality and price before the expiry of the performance period in the Contract, if it has a justifiable reason. If the Seller thinks that the performance of the Product or Products has become impossible, it shall notify the Customer before the performance period of the Contract expires.
4.12. The Seller cannot be held responsible for the failure to deliver the ordered Product or Products to the Customer's delivery address specified in this Agreement, due to any problems encountered by the courier company that will make the delivery during the delivery of the Product or Products to the Customer.
4.13. If the Seller fails to fulfill its contractual obligations in the event that the delivery of the ordered Product and Products to the Customer becomes impossible, it shall notify the Customer before the expiry of the performance obligation arising from the Contract and may supply the Customer with a different product of equal quality and price.
4.14. If the Seller is unable to deliver the Product or Products subject to the Contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing delivery, 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 or Products with its precedent, if any, and/or delay the delivery time until the obstacle is removed.
4.15. In case the customer makes purchases by credit card and in installments, the installment form 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 terms of the contract between the bank and the Customer. The customer can also follow the number of installments and payments from the bank statement sent by the bank.
4.16. In payments made by the Customer by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the Customer. After this amount is returned to the bank, the reflection on the Customer's accounts 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 the Seller shall not be held responsible for any problems that may arise due to the Seller's failure to read this notice, and that the terms of the campaign are notified to him/her through the Seller's website before purchasing the product(s) subject to the campaign, in the sales made on the Internet by the Seller.
4.18 In the sales made by the Seller over the internet, due to the technical problems that may be experienced in the internet system, the application of the discount applied on a single product to more than one product, incorrect price display, etc. In the event of a technical problem for which the Seller cannot be held responsible, the Seller reserves the right to cancel the sale made over incorrect pricing due to this technical problem. As stated in article 4.17 of this contract, the Customer, who has been notified of the sales conditions with the campaign, accepts, declares and undertakes that the Seller has the right to cancel the order he has placed on the wrong pricing due to the technical problems experienced on the website.
5. RIGHT OF WITHDRAWAL
5.1. The Customer has the right to withdraw without having to show 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, notification to the Seller by fax, telephone or e-mail within 14 (Fourteen) days and the Product or Products requested to be returned have not been used in accordance with the provisions of Article 6 of this Agreement and have been offered for resale by the Seller. must be feasible. In case of exercising the right of withdrawal:
NS. 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 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 if the RETURN INVOICE is not issued)
ii. return form,
iii. Product or Products' box, packaging, standard accessories, if any
It must be delivered to the Seller completely and undamaged together with the
5.3. After the items listed in Article 5.2 reach the Seller, the price of the returned Product or Products is returned to the Customer.
5.4. All shipping costs, including shipping to the Customer, of the Product or Products returned for any reason within the period shall be borne by the Seller.
5.5. While the Product or Products are returned to the Seller, the original invoice submitted to the Customer at the time of 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 shipment of the Product or Products. In the event that it is not sent to the Seller within the period, no refund will be made, and the Product or Products will be sent back to the Customer with a counter-payment in the same way.
5.6. On the invoice to be returned, the phrase "return invoice" will be written and signed by the Customer.
6. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Right of withdrawal; After the delivery, the protective elements such as packaging, tape, seal, package have been opened and used; It cannot be used for products that are not suitable for return in terms of health and hygiene. In addition, the right of withdrawal cannot be exercised in products that are used contrary to the instructions for use, that are produced in accordance with the special requests and demands of the Buyer, or that have been personalized by making changes or additions.
7. AUTHORIZED COURT
In disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts in the Customer's settlement are authorized up to the value announced by the Ministry of Industry and Trade.
8. NOTICES
All notifications, notices and notifications to be made pursuant to this Agreement shall be made to the addresses of the Parties specified in Article 1 of this Agreement, by e-mail, cargo with explanation, registered mail with return receipt or via notary public. 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, the notifications made to these addresses will be valid. All notifications under this Agreement made by the Seller shall be deemed to have reached the Customer 1 (one) day after they are sent, and all notifications under this Agreement to be sent by the Customer to the Seller shall be valid from the day they are deemed to have been served 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 .......... The preliminary information form on the payment page of the http://www.milonie.com website and the invoice are integral parts of this Agreement. The parties accept, declare and undertake that they have read and accepted this Agreement in its entirety, that the information stated herein is correct and that all contractual provisions are valid. The Customer, who approves this Agreement with the specially arranged infrastructure of the Site, is deemed to have accepted all the conditions in the Agreement.
Sales person
Volkan Aktepe
Customer
..........