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Distance Sales Agreement
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DISTANCE SALES AGREEMENT PARTIES The Parties set forth below have, by means of this AGREEMENT, accepted, declared, and undertaken the terms and conditions specified below. The Parties shall hereinafter be referred to collectively as the "Parties" and each individually as a "Party." "BUYER"; (hereinafter referred to as the "BUYER" in this AGREEMENT.) NAME–SURNAME: [invoice-user-name] ADDRESS: [invoice address] "SELLER"; (hereinafter referred to as the "SELLER" in this Agreement.) JTVTEK TEKSTİL İTHALAT VE İHRACAT LTD. ŞTİ. ADDRESS: ACIBADEM MAH. ÇEÇEN SK. NO: 46 F DOOR NO:7 ÜSKÜDAR / İSTANBUL ÜSKÜDAR TAX OFFICE 4842197998 By accepting this AGREEMENT, the BUYER acknowledges in advance that, should they confirm the order that is the subject of the Agreement, they will be under the obligation to pay the price of the order together with any additional charges such as shipping fees and taxes as specified, and that they have been informed accordingly. --- DEFINITIONS In the implementation and interpretation of this AGREEMENT, the terms set forth below shall bear the meanings written opposite them. 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 return 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 in the name of or on behalf of the party offering such goods; BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes and who requests the good or service through the website belonging to the SELLER; SITE: The website belonging to the SELLER; PARTIES: The SELLER and the BUYER; AGREEMENT: This agreement concluded between the SELLER and the BUYER; GOOD/PRODUCT: The movable property that is the subject of the purchase, and intangible goods such as software, audio, images, and the like prepared for use in an electronic environment. --- CONTENT (SUBJECT) This AGREEMENT governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, with respect to the sale and delivery of the product whose characteristics and sale price are specified and which the BUYER has ordered electronically through the SITE belonging to the SELLER. The prices listed and announced on the SITE are the sale prices. Announced prices and commitments remain valid until updated or amended. Prices announced for a limited period remain valid until the end of the specified period. --- SELLER INFORMATION Title: JTVTEK TEKSTİL İTHALAT VE İHRACAT LTD. ŞTİ. Address: ACIBADEM MAH. ÇEÇEN SK. NO: 46 F DOOR NO:7 ÜSKÜDAR / İSTANBUL ÜSKÜDAR TAX OFFICE 4842197998 Telephone: 0530 975 03 90 E-mail: hi@jetevuex.co --- BUYER INFORMATION Person to whom delivery will be made: [invoice-user-name] Delivery Address: [invoice-address] Telephone: [phone-number] E-mail/username: --- INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT 7.1 The essential characteristics of the Good/Product(s)/Service (type, quantity, brand/model, color, number of units) are published on the SITE belonging to the SELLER. If a campaign has been organized by the Seller, you may review the essential characteristics of the relevant product for the duration of the campaign. Valid until the campaign date. 7.2. The prices listed and announced on the SITE are the sale prices. Announced prices and commitments remain valid until updated or amended. Prices announced for a limited period remain valid until the end of the specified period. 7.3. The sale price of the good or service subject to the Agreement, inclusive of all taxes, is set out below. Product Description Order Contents and Total: [cart-amount] Order Date: [date] 7.4. The shipping fee, being the cost of product dispatch, shall be paid by the SELLER. --- INVOICE INFORMATION Name on the Invoice: [invoice-user-name] Invoice Address: [invoice-address] Invoice delivery: The invoice will be delivered to the invoice address together with the order at the time of order delivery. --- GENERAL PROVISIONS 9.1. The BUYER declares, represents, and undertakes that they have read and are aware of the preliminary information regarding the essential characteristics, sale price, and payment method of the product subject to the AGREEMENT, as well as the delivery details, on the SITE belonging to the SELLER, and that they have provided the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes that their electronic confirmation of the Preliminary Information means they have accurately and completely obtained, prior to the conclusion of the AGREEMENT, the address to be provided to the BUYER by the SELLER, the essential characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information. 9.2. Each product subject to the AGREEMENT shall be delivered to the BUYER or to the person and/or institution at the address indicated by the BUYER within the period specified in the preliminary information section of the SITE, depending on the distance of the BUYER's place of residence, and in any case not exceeding the legal period of 30 days. Should the product fail to be delivered to the BUYER within this period, the BUYER reserves the right to terminate the AGREEMENT. 9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the AGREEMENT complete and in accordance with the qualities specified in the order, together with any warranty documents and user manuals and such information and documents as the work requires; to perform the work, free of any defect, in a sound manner in accordance with the requirements of the applicable legislation and in conformity with standards, within the principles of honesty and good faith; to preserve and enhance the quality of service; to exercise the necessary care and diligence in the performance of the work; and to act with prudence and foresight. 9.4. The SELLER may, before the expiry of the performance obligation arising from the AGREEMENT, supply a different product of equal quality and price, provided it informs the BUYER and obtains their express approval. 9.5. Should the SELLER be unable to fulfill its obligations under the agreement in the event that performance of the ordered product or service becomes impossible, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it becomes aware of this situation, and to refund the total price to the BUYER within a period of 14 days. 9.6. The BUYER accepts, declares, and undertakes that they will confirm this AGREEMENT electronically for the delivery of the product subject to the Agreement, and that, should the price of the product subject to the agreement not be paid for any reason and/or be cancelled in the bank records, the SELLER's obligation to deliver the product subject to the agreement shall come to an end. 9.7. The BUYER accepts, declares, and undertakes that, following the delivery of the product subject to the AGREEMENT to the BUYER or to the person and/or institution at the address indicated by the BUYER, should the price of the product subject to the AGREEMENT not be paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER shall 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. The SELLER accepts, declares, and undertakes that, should it be unable to deliver the product subject to the AGREEMENT within the applicable period due to force majeure events—such as the occurrence of circumstances that develop beyond the will of the Parties, cannot be foreseen in advance, and prevent and/or delay the Parties from fulfilling their obligations—it shall notify the BUYER of the situation. The BUYER shall likewise be entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the AGREEMENT with an equivalent if available, and/or the postponement of the delivery period until the impeding circumstance is eliminated. In the event that the order is cancelled by the BUYER, for payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take between 2 and 3 weeks; that the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process; and that the BUYER cannot hold the SELLER responsible for any possible delays. 9.9. The SELLER has the right to reach the BUYER through letters, e-mail, SMS, telephone calls, and other means for the purposes of communication, marketing, notification, and other purposes, via the address, e-mail address, landline and mobile telephone lines, and other contact information specified by the BUYER in the registration form on the SITE or subsequently updated by the BUYER. By accepting this AGREEMENT, the BUYER accepts and declares that the SELLER may carry out the aforementioned communication activities directed toward them. 9.10. The BUYER shall inspect the good/service subject to the AGREEMENT before taking delivery; the BUYER shall not accept from the courier company any good/service that is damaged or defective, such as dented, broken, or with torn packaging. The good/service taken into receipt shall be deemed to be undamaged and sound. The obligation to carefully protect the good/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the good/service must not have been used. The invoice must be returned. 9.11. Should the BUYER and the holder of the credit card used at the time of the order not be the same person, or should a security vulnerability relating to the credit card used in the order be detected prior to the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the previous month for the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order shall be frozen for the period until the BUYER provides the information/documents subject to the request; should such requests not be fulfilled within 24 hours, the SELLER shall be entitled to cancel the order. 9.12. The BUYER declares and undertakes that the personal and other information they provided while becoming a member of the SITE belonging to the SELLER is truthful, and that they shall compensate all damages the SELLER may incur due to the untruthfulness of such information, immediately, in cash and in full, upon the SELLER's first notice. 9.13. The BUYER accepts and undertakes at the outset to comply with the provisions of the applicable legislation while using the SITE belonging to the SELLER, and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall bind the BUYER wholly and exclusively. 9.14. The BUYER may not use the SITE belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, is for an unlawful purpose, or infringes upon the material and moral rights of others. Furthermore, the member may not engage in operations that prevent or hinder others from using the services (spam, virus, trojan horse, etc.). 9.15. Links may be provided through the SITE belonging to the SELLER to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are placed for the purpose of providing ease of navigation to the BUYER and do not endorse any website or the person operating that site, nor do they constitute any guarantee as to 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 civilly, on account of such violation, and shall hold the SELLER free from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is brought into the legal domain due to such violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement. --- RIGHT OF WITHDRAWAL 10.1. Where the Agreement relates to the sale of goods, the BUYER may, within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/institution at the address they have indicated, exercise the right to withdraw from the agreement by rejecting the good, provided they notify the SELLER, without assuming any legal or criminal liability and without providing any justification. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this AGREEMENT, the BUYER acknowledges in advance that they have been informed regarding the right of withdrawal. 10.2. In order to exercise the right of withdrawal, the BUYER must, within the 14 (fourteen) day period from the delivery of the good to the BUYER, provide written notice to the SELLER by registered return post, fax, or e-mail, and must not have used the product within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this AGREEMENT. In the event the right of withdrawal is exercised: a) The invoice of the product delivered to the third party or to the BUYER must be sent to the SELLER. (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued in the name of corporations cannot be completed unless a RETURN INVOICE is issued.) b) The return form (located on the back of the dispatch-note invoice delivered to the BUYER together with the product) must be sent to the SELLER. 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 return the total price and the documents that place the BUYER under obligation to the BUYER within no later than 10 days from the receipt of the withdrawal notice, and the BUYER is obliged to return the good within 10 days. e) If there is a decrease in the value of the good 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 arising from the proper use of the good or product within the withdrawal period. f) In the event that, due to the exercise of the right of withdrawal, the total falls below the campaign limit amount set by the SELLER, the discount amount benefited from within the scope of the campaign shall be cancelled. --- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED Pursuant to the Regulation, the right of withdrawal cannot be exercised for: goods prepared in line with the BUYER's requests or clearly their personal needs and not suitable for return; lower pieces of underwear (both pieces if the lower and upper pieces are sold as a set); swimsuit and bikini bottoms (both pieces if the lower and upper pieces are sold as a set); cosmetic products; single-use products; goods that are liable to spoil quickly or whose expiry date may pass; products that are not suitable for return in terms of health and hygiene once their packaging has been opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot, by their nature, be separated; goods relating to periodicals such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in the electronic environment 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 where the packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has commenced, with the consumer's approval, before the expiry of the withdrawal period. In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returnable, their packaging must be unopened, untried, undamaged, and unused. --- DEFAULT AND ITS LEGAL CONSEQUENCES Should the BUYER fall into default in cases where they make payment transactions by credit card, the BUYER accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement between them and the cardholder bank, and that they will be liable to the bank. In this case, the relevant bank may resort to legal remedies; may claim the costs and attorney's fees that may arise from the BUYER; and, in any event, should the BUYER fall into default due to their debt, the BUYER accepts, declares, and undertakes that they will pay the losses and damages incurred by the SELLER as a result of the delayed performance of the debt. --- COMPETENT AUTHORITY In disputes arising from this AGREEMENT, complaints and objections shall be made, within the monetary limits specified in the law below, to the consumer arbitration committee or the consumer court at the place of the consumer's residence or the place where the consumer transaction was carried out. Information regarding the monetary limits is provided below: Effective as of 28/05/2014, pursuant to the relevant articles of Law No. 6502 on the Protection of Consumers set out below: a) For disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees; b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees; c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees. For disputes exceeding these values, the Consumer Courts are competent. --- ENTRY INTO FORCE When the BUYER completes the payment for the order they have placed through the SITE, they shall be deemed to have accepted all the terms of this AGREEMENT. The SELLER is obliged to make the necessary software arrangements so as to obtain confirmation, prior to the completion of the order, that this AGREEMENT has been read and accepted by the BUYER on the SITE.