DISTANCE SALES CONTRACT
1. PARTIES
This Agreement is signed under the terms and conditions specified below between the following parties.
‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
Name and Surname:
Address:
‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
Name and Surname:
Address:
By accepting this contract, the BUYER agrees and acknowledges in advance that if the BUYER confirms the order subject to the contract, they will be under the obligation to pay the price of the order and any additional fees specified, such as shipping fees and taxes.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: Any consumer transaction other than supplying goods that is made or promised to be made in return for a fee or benefit,
SELLER: The company that offers or acts on behalf of or in the name of a company that offers goods to the consumer within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDER PLACER: A real or legal person who requests a good or service via the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract signed between the SELLER and the BUYER,
GOODS: The movable goods subject to shopping and software, sound, images, and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This contract regulates the rights and obligations of the parties concerning the sale and delivery of the product, the specifications and sales price of which are stated below, ordered electronically by the BUYER through the website of the SELLER, pursuant to the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The listed and announced prices on the site are the selling prices. Announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.
4. SELLER INFORMATION
Company Name: Ecopierre Travertine
Address: Eski Hamam Mahallesi Taburoğlu Sokak No:2 İç Kapı No: 1
İscehisar / AFYONKARAHİSAR TURKEY
Phone: +90 (532) 764 00 81
Email: [email protected]
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDER PLACER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The basic characteristics (type, quantity, brand/model, color, quantity) of the good/product/products/service are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.
7.3. The total price of the contract product/service, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the shipping fee for the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered along with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information about the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER’s website, and have given the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes that they have confirmed the preliminary information in the electronic environment, prior to the conclusion of the distance sales contract, and that they have obtained the correct and complete address given by the SELLER to the BUYER, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, provided that it does not exceed the 30-day legal period, depending on the distance of the BUYER’s place of residence, as specified in the preliminary information section on the website. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and other necessary information and documents, if any, to perform the work in accordance with the requirements of the legal legislation, free from all kinds of defects, in accordance with the standards of accuracy and honesty, to protect and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in the event that the fulfillment of the order or service subject to the order becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date they learned of this situation and to return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and if the product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares, and undertakes that if the product price is not paid to the SELLER by the relevant bank or financial institution due to the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days at the SELLER’s expense.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure events such as the development of situations that are beyond the control of the parties, were not foreseen beforehand, and prevent and/or delay the fulfillment of the parties' debts. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent if any, and/or the postponement of the delivery period until the preventive situation disappears. In case of cancellation of the order by the BUYER, if the payment was made in cash, the amount of the product is paid to the BUYER in cash within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that this amount being reflected in the BUYER's accounts after being returned to the bank is entirely related to the bank's transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means through the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or later updated by the BUYER. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; broken, damaged, torn packaging, etc. damaged and defective goods/services will not be received from the cargo company. The delivered goods/services will be considered undamaged and intact. The duty to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. In the event that the credit card holder and the BUYER are not the same person or a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month’s statement of the
credit card used in the order, or a letter from the credit card holder's bank stating that the credit card belongs to them. The order will be frozen in the meantime until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER’s website is true, and that the SELLER will immediately and without further notice indemnify all damages incurred by the SELLER due to the untruthfulness of this information, including but not limited to, the SELLER’s immediate and without further notice indemnification of all damages incurred due to this untruthfulness.
9.13. The BUYER accepts and declares in advance to comply with the provisions of the legal regulations and not to violate them when using the SELLER’s website. Otherwise, all legal and penal obligations to arise will fully and exclusively bind the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs, or harasses others, infringes the material and moral rights of others for an unlawful purpose. In addition, the BUYER may not engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. The SELLER’s website may be linked to other websites and/or other content that are not under the control of the SELLER, and other websites and/or other content belonging to third parties may be accessed through this website. These links are provided for ease of reference and do not support any website or the person who operates that site and do not constitute any kind of guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also, if the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from this contract within 14 days without giving any reason and without incurring any costs other than the delivery costs, which the SELLER initially covered.
10.2. The withdrawal period starts from the date of delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER.
10.3. The right of withdrawal can also be used before the delivery of the goods.
10.4. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER.
10.5. To exercise the right of withdrawal, the SELLER must be notified in writing via registered mail, fax, or email within 14 days and the product must not be used within the framework of the provisions of Article 15, which is titled “Exceptions to the Right of Withdrawal” of this contract. If this right is exercised:
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form
c) The products to be returned must be delivered complete and undamaged, including their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days from the receipt of the withdrawal notice and to return the goods within 20 days.
e) If there is a decrease in the value of the goods or if returning becomes impossible due to a reason caused by the BUYER’s fault, the BUYER is liable to compensate the SELLER's damages at the rate of their fault. However, the BUYER is not liable for changes and deteriorations caused by the proper use of the goods or products within the right of withdrawal period.
f) In case of falling below the campaign limit amount set by the SELLER due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
10.6. The SELLER may refund the cost of the goods or services via the payment method used by the BUYER. The SELLER is not liable for additional fees that may arise from the refund.
11. PRODUCTS WHICH CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for the following products:
a) Goods or services, the prices of which vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider
b) Goods prepared in line with the BUYER’s requests or personal needs.
c) Perishable or expired goods.
d) Goods that are unsuitable for return due to health and hygiene reasons, if their protective elements such as packaging, tape, seal, package have been opened after delivery.
e) Goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Accommodation, goods transportation, car rental, food and beverage supply, and entertainment or leisure activities services that must be performed on a specific date or period.
i) Books, digital content, and computer consumables provided in material form, if their protective elements such as packaging, tape, seal, and package have been opened after delivery.
12. AUTHORIZED COURT
In the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the BUYER’s settlement area or the SELLER’s place of residence are authorized up to the value declared by the Ministry of Customs and Trade.
13. FINAL PROVISIONS
13.1. This contract shall enter into force upon electronic approval by the BUYER.
13.2. If any provision of this contract is deemed invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
13.3. The SELLER reserves the right to make changes to the contract provided that it notifies the BUYER in writing or via the website.
13.4. This contract is the entire agreement between the parties concerning the subject matter and supersedes all prior agreements, representations, or warranties.
The BUYER and the SELLER have read, understood, and agreed to the terms and conditions of this contract and confirm their acceptance electronically.
Date: [Date]
BUYER: [Name]
SELLER: Rustica Stone
