Distance Sales Contract
1. PARTIES
This Contract has been signed between the following parties under the terms and conditions specified below.
A.‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
B.‘INTERMEDIARY’; (hereinafter referred to as “INTERMEDIARY” in the contract)
Company Name: YEDİ YILDIZ İÇ VE DIŞ TİCARET LTD ŞKT
Address: BAHÇELİEVLER MAH. 101 SK. MARMARA APT 14/2 YEDİ YILDIZ OFFICE HALİLİYE ŞANLIURFA
E-mail: yediyildiz2017@gmail.com
Tel: +905060999090
By accepting this contract, the BUYER accepts in advance that if the order subject to the contract is approved, it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that it has been informed in this regard.
ARTICLE 2- SUBJECT OF THE CONTRACT
The subject of this contract 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 Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the buyer ordered electronically from the INTERMEDIARY.
ARTICLE 3- PRODUCT
The product, payment and delivery information subject to this distance sales contract are as follows:
Product:
Product number:
Sales price (+VAT):
Intermediary Commission:
Shipping Cost:
TOTAL:
Payment method:
Delivery Address:
Delivery person:
Invoice Address:
Order Date:
ARTICLE 4- GENERAL PROVISIONS
4.1 – The Buyer accepts and declares that he/she has read the sales price, payment method and delivery related preliminary information and other information specified above on the website https://akdenizmezat.com/ and has the necessary confirmation regarding the purchase in electronic environment.
4.2 The product/products subject to the distance sales contract shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer, depending on the distance of the Buyer’s place of residence, within 7 days for intra-city deliveries and 14 days for inter-city deliveries, provided that the legal 30 (thirty) day period determined by laws and regulations is not exceeded for each product. This delivery period shall start from the date of payment for the relevant product/products.
4.3 If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the INTERMEDIARY cannot be held responsible for the person/organization to whom the delivery is made not accepting the delivery.
4.4 The INTERMEDIARY cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the Buyer, or for the failure to deliver the ordered product to the Buyer or for its late delivery.
4.5 The INTERMEDIARY accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualities specified in the order, to perform its obligations in accordance with the principles of honesty and integrity, in accordance with the legal legislation requirements, free from any defects, in a solid manner, in accordance with the standards, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
4.6 The Buyer is responsible for checking the product/products upon receipt and, in the event of a problem in the product/products arising from the cargo, not to accept the product/products and to have a report drawn up by the cargo company official.
4.7 For the delivery of the product/products subject to the distance sales contract, it is required that this distance sales contract be confirmed electronically and the price of the product/products be paid with the payment method preferred by the Buyer. Payment for the purchased products is made by the Buyer in advance via pay-pal, credit card or money transfer. Once the Buyer pays the full sales price, Value Added Tax (VAT) and the brokerage company commission (at the rate stated in the auction description), the INTERMEDIARY will be obliged to deliver the product. If the price of the product(s) is not paid for any reason or is cancelled in the bank records, the INTERMEDIARY will be deemed to have been relieved of its obligation to deliver the product(s).
4.8 If the payment for the product(s) subject to the distance sales contract is made by the Buyer via credit card, the Buyer will be responsible for all legal risks, including unauthorized and unlawful use of the credit card, which may arise from the difference between the Buyer and the credit card holder or the person to whom the product(s) will be delivered. The Buyer accepts and undertakes that it will not make any claims against the INTERMEDIARY in the event of any damages in the aforementioned cases.
4.9. If the price of the contractual product is not paid to the INTERMEDIARY by the relevant bank or financial institution as a result of the unfair use of the Buyer’s credit card by unauthorized persons after the delivery of the contractual product to the Buyer or the person/organization at the address indicated by the Buyer, the Buyer shall return the contractual product to the INTERMEDIARY within 3 days.
The Buyer accepts, declares and undertakes to return the product(s) to the INTERMEDIARY in a manner that the credit belongs to the Buyer.
4.10 In the event that the payment for the product(s) subject to the distance sales contract is made by ‘depositing to an account’ by the Buyer, the Buyer accepts and undertakes to notify the INTERMEDIARY of the IBAN number of a bank account belonging to him/her accurately and completely, to be used in cases where the price of the product(s) needs to be returned to the Buyer within the framework of the conditions specified in this contract, and that the INTERMEDIARY accepts, declares and undertakes to return the IBAN number.
4.11 The Buyer and the INTERMEDIARY accept, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications to be directed to this address will be considered valid.
4.12 The Parties accept, declare and undertake that they have accepted the provisions of the Law on the Protection of Consumers and the Distance Contracts Regulation in addition to the terms of this Contract and that they will act in accordance with these provisions.
4.13 Persons under the age of 18 and adults who lack the power of discernment or are limited cannot shop from the INTERMEDIARY.
4.14 All articles of this Agreement have been read and accepted by the Parties, and this Agreement shall enter into force on the date it is electronically approved by the Buyer.
ARTICLE 5- RIGHT OF WITHDRAWAL
Since the products won or in a winning position by bidding at auctions and auction venues are considered as personal sales, the right to cancel the bid and return after the auction is not possible as it will be evaluated within the scope of “Products for which the Right of Withdrawal Cannot Be Used”.
5.1 The Buyer has the right to withdraw from this Agreement within 14 (fourteen) days from the delivery of the product subject to this Agreement to him/her or to the person/institution at the address he/she indicated, in case there is a defect or a difference other than the description in the product or if the wrong product is sent. In order for the Buyer to exercise his/her right of withdrawal, he/she must notify the INTERMEDIARY within this period. In order for the Buyer to exercise his/her right of withdrawal, he/she must notify the INTERMEDIARY in writing via his/her contact information, provided that the product is not damaged. This notification may be sent by registered mail, fax or e-mail. If the value of the goods decreases due to a reason arising from the Buyer’s fault or if return becomes impossible, the Buyer is obliged to compensate the INTERMEDIARY for the damages in proportion to his/her fault.
5.2 Following the receipt of the right of withdrawal notification by the INTERMEDIARY, the INTERMEDIARY will share the confirmation information regarding the receipt of the notification with the BUYER and, within 14 (fourteen) days following the date of receipt of the notification, the INTERMEDIARY will return the price of the product(s) subject to the right of withdrawal to the Buyer in accordance with the payment method.
ARTICLE 6- EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
According to the DISTANCE CONTRACTS REGULATION published in the Official Gazette dated 27.11.2014 and numbered 29188;
- a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
- b) Contracts for goods prepared in line with the consumer’s requests or personal needs.
- c) Contracts for the delivery of goods that are perishable or whose expiration date may be exceeded.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons.
- d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
- e) Contracts for books, digital content and computer consumables provided in a material medium if protective elements such as packaging, tape, seal, package have been opened after delivery.
- f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
- g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation that must be made on a specific date or period.
- g) Contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
- h) Contracts regarding services that are started to be performed with the consumer’s approval before the expiration of the right of withdrawal period,
it is not possible to exercise the right of withdrawal.
ARTICLE 7- DEBTOR'S DEFAULT
The BUYER accepts, declares and undertakes that in the event of default in transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement it has made with it and will be liable to the bank. In this case, the relevant bank may resort to legal means; it may request the expenses and attorney fees that will arise from the Buyer and in any case, in the event of default by the Buyer due to its debt, the BUYER accepts, declares and undertakes that it will pay the loss and damage suffered by the INTERMEDIARY due to the delayed performance of the debt.
ARTICLE 8- AUTHORIZED COURT
In disputes that may arise regarding this Agreement, the Customs
and Consumer Problems Arbitration Committees in the Buyer’s place of residence are authorized up to the value declared by the Ministry of Trade, and Consumer Courts are authorized for disputes above the said value.
SELLER:
BUYER:
DATE: