DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
- ‘BUYER’; (hereinafter referred to as the “BUYER” in this agreement)
NAME – SURNAME:
ADDRESS:
- ‘SELLER’; (hereinafter referred to as the “SELLER” in this agreement)
NAME – SURNAME: Bilim Kültür ve Sanat Derneği İktisadi İşletmesi
ADDRESS: Kanlıca Mah. Mihrabat Cad. No: 91 Beykoz / İstanbul
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order that is the subject of the agreement, they will be under the obligation to pay the order amount and, if applicable, additional charges such as shipping fees and taxes, and that they have been informed of this.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below shall express the explanations written next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction, other than the supply of goods, performed or undertaken to be performed in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of the party offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from goods or services for purposes other than commercial or professional ones,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests goods or services through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to the movable property that is the subject of the purchase, as well as software, audio, video, and similar intangible goods prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sale price are specified below, which the BUYER has ordered electronically through the SELLER’s website.
The prices listed and announced on the site are sale prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Person to whom delivery will be made
Delivery Address
Phone
Fax
Email/username
6. INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The basic characteristics of the Goods/Product(s)/Service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign has been organized by the Seller, you can review the basic characteristics 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 sale prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.
| Product Description | Quantity | Unit Price | Subtotal (VAT Included) |
| Shipping Amount | |||
| Total: |
Payment Method and Plan
Delivery Address
Person to whom delivery will be made
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered together with the order to the billing address
at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed of the basic characteristics, sale price, payment method, and preliminary information regarding delivery of the product subject to the agreement on the SELLER’s website, and that they have given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that, by confirming the Preliminary Information electronically, they have accurately and completely obtained, prior to the formation of the distance sales agreement, the address that the SELLER is required to provide 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 Agreement, provided it does not exceed the legal period of 30 days, shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section of the website, depending on the distance to the BUYER’s place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER’s right to terminate the agreement is reserved.
9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the Agreement complete, in accordance with the characteristics specified in the order, together with warranty documents, user manuals, and other information and documents required by the nature of the work, if any; to perform the work free of any defect, sound and in compliance with standards according to the requirements of the legal legislation, on the basis of accuracy and honesty; to maintain and enhance service quality; to show the necessary care and diligence during the performance of the work; and to act with prudence and foresight.
9.4. Before the expiry of the performance obligation arising from the agreement, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent.
9.5. If it becomes impossible for the SELLER to perform the obligations subject to the Agreement due to the impossibility of fulfilling the product or service subject to the order, the SELLER acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of this situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if, for any reason, the price of the product subject to the Agreement is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER acknowledges, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure circumstances arising outside the will of the parties, which could not have been foreseen in advance and which prevent and/or delay the parties from fulfilling their obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER of this situation. The BUYER also has the right to request from the SELLER that the order be cancelled, that the product subject to the Agreement be replaced with an equivalent, if available, and/or that the delivery period be postponed until the obstructive situation ceases. If the order is cancelled by the BUYER, for payments made in cash by the BUYER, the product amount is paid to them in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average period for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, that this reflection process after the refund 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 reach the BUYER for communication, marketing, notification, and other purposes through letter, e-mail, SMS, telephone call, and other means, using the address, e-mail address, landline and mobile phone numbers, and other contact information specified by the BUYER in the site registration form or later updated by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed at them.
9.10. The BUYER shall inspect the goods/service subject to the Agreement before accepting delivery; and shall not accept delivery from the courier company of damaged or defective goods/service such as dented, broken, or with torn packaging. Goods/service accepted for delivery shall be deemed undamaged and sound. The obligation to carefully preserve the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability related to the credit card used in the order is detected 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 card holder’s bank confirming that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the requested information/documents, and if the said 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 they provided when registering on the SELLER’s website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages the SELLER may incur due to the inaccuracy of this information, upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the applicable legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise shall be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to public morality, disturbs and harasses others, is for an unlawful purpose, or infringes on the material and moral rights of others. Furthermore, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. Links may be provided on the SELLER’s website to other websites and/or other content that are not under the SELLER’s own control and/or are owned and/or operated by other third parties. These links are provided to make it easier for the BUYER to navigate and do not endorse any website or the person operating that site, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally liable, both criminally and legally, for such violation, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, if the matter is brought before a court of law due to this violation, the SELLER’s right to claim compensation from the member for non-compliance with the membership agreement is reserved.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the agreement, without assuming any legal or criminal liability and without stating any justification, by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated, provided that they notify the SELLER. For distance contracts relating to the provision of services, this period begins from the date the agreement is signed. The right of withdrawal cannot be exercised in service agreements where the performance of the service has begun with the consumer’s approval before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail with return receipt, fax, or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this agreement. If this right is exercised,
a) The invoice of the product delivered to the third party or to the BUYER, (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation when returning it. Order returns whose invoice is issued in the name of a corporation cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that place the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notice, and to collect the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s fault, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit amount set by the SELLER, the discount amount benefited from within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared at the BUYER’s request or explicitly for their personal needs and not suitable for return, underwear bottoms, swimsuits and bikini bottoms, cosmetic materials, single-use products, goods with a risk of rapid deterioration or a possibility of expiry, products whose return after the packaging has been opened by the BUYER following delivery is not appropriate in terms of health and hygiene, products that have been mixed with other products after delivery and which by their nature cannot be separated, periodicals such as newspapers and magazines other than those provided within the scope of a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables whose packaging has been opened by the BUYER cannot be returned pursuant to the Regulation. Furthermore, the exercise of the right of withdrawal for services whose performance has begun with the consumer’s approval before the expiry of the withdrawal period is also not possible pursuant to the Regulation.
For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must not have been opened, tried, damaged, or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults when making payment transactions by credit card, they acknowledge, declare, and undertake that they will pay interest within the framework of the credit card agreement between themselves and the card-issuing bank, and that they will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the costs incurred and attorney’s fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER’s losses and damages arising from the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be made to the consumer arbitration committee or consumer court in the place of the consumer’s residence or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective as of 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes with a value below TRY 2,000.00 (two thousand) shall be referred to district consumer arbitration committees,
b) Disputes with a value below TRY 3,000.00 (three thousand) shall be referred to provincial consumer arbitration committees,
c) In provinces with metropolitan municipality status, applications are made to provincial consumer arbitration committees for disputes valued between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand).
This Agreement is made for commercial purposes.
14. VALIDITY
When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation on the site that this agreement has been read and accepted by the BUYER prior to the completion of the order.
SELLER: Bilim Kültür ve Sanat Derneği İktisadi İşletmesi
BUYER:
DATE: