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Distance Sales Agreement

**THIS IS A SAMPLE. EDIT IT TO SUIT YOUR OWN SITE BEFORE USE**


1. PARTIES

This Agreement is signed between the parties below under the provisions and conditions stated herein.

A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)

B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)

FULL NAME:

ADDRESS:

By accepting this contract, the BUYER acknowledges and agrees in advance that upon approval of the order subject to this contract, the BUYER is obliged to pay the price of the order and any additional charges such as shipping fees, taxes specified therein and confirms that he/she has been informed accordingly.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below shall mean the descriptions written alongside them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of the Consumer,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),

SERVICE: Any kind of consumer transaction other than the provision of goods for a fee or benefit or promised to be provided,

SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the supplier,

BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website owned by the SELLER,

ORDERER: The real or legal person who requests a good or service through the website owned by the SELLER,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract entered into between the SELLER and the BUYER,

GOODS: The tangible movable goods subject to purchase and intangible goods prepared for use in electronic environment such as software, audio, video, etc.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product, the specifications and sales prices of which are specified below, that the BUYER orders electronically via the website of the SELLER, in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts.

Listed and announced prices on the site are sales prices. Advertised prices and promises are valid until updated or changed. Time-limited prices are valid until the specified deadline.

4. SELLER INFORMATION

Title

Address

Phone

Fax

Email

5. BUYER INFORMATION

Recipient

Delivery Address

Phone

Fax

Email/Username

6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT

6.1. The basic features (type, quantity, brand/model, color, number) of the good(s)/product(s)/service are published on the website belonging to the SELLER. If the seller has organized a campaign, you can review the essential characteristics of the relevant product during the campaign period. Valid until the campaign date.

6.2. Listed and announced prices on the site are sales prices. Advertised prices and promises remain valid until updated or changed. Time-limited prices remain valid until the indicated deadline.

6.3. The sale price of the goods or services subject to the contract including all taxes is shown below.

Product DescriptionQuantityUnit PriceSubtotal

(Including VAT)

Shipping Fee

Total :

Payment Method and Plan

Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

6.4. The shipping cost for sending the product will be paid by the BUYER.

7. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.

8. - RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS

The privacy rules-policy and conditions specified below apply regarding the protection, confidentiality, processing-use of information, communications and other issues on the WEBSITE.

8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the limits of today's technical possibilities according to the nature of the information and transaction in the system infrastructure on the SELLER's side. However, since this information is entered from the BUYER's device, the responsibility for their protection on the BUYER's side and for preventing access by unauthorized persons, including necessary measures against viruses and similar malicious software, lies with the BUYER.

8.2. In addition to the permissions-approvals given by the BUYER regarding personal data and commercial electronic communications, and as confirmation; the SELLER may record, store in printed/magnetic archives, update if necessary, share, transfer, use and otherwise process information obtained from the BUYER's membership and purchases on the WEBSITE for the provision of various products/services and for all kinds of electronic and other commercial-social communications such as information, advertising-promotion, communication, promotion, sales, marketing, store cards, credit cards, and membership applications for unlimited or foreseeable periods at the specified parties and their successors. These data may also be transferred to relevant authorities and courts when legally required. The BUYER consents and permits the use, sharing, processing of personal and non-personal current and new information within the above scope in accordance with personal data protection and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.

8.3. The BUYER can always stop data processing and/or communications by contacting the SELLER via the specified communication channels or legally exercising the right of objection in electronic communications sent to him/her. Upon explicit notification by the BUYER, personal data processing and/or communications will be stopped within the legal maximum period; if desired, except for legally required and/or possible ones, information will be deleted from the data recording system or anonymized. The BUYER may at any time apply to the SELLER through the above communication channels for matters concerning the processing of personal data, the parties to whom data are transferred, correction of incomplete or inaccurate data, notification of corrected data to third parties, deletion or destruction of data, objection to automatic decisions against themselves, and compensation for damages caused by unlawful data processing. Such requests will be fulfilled within legal maximum periods or may be rejected with legal justification.

8.4. All intellectual property rights and ownership rights related to all information and content belonging to the WEBSITE and their editing, revision, and partial or full use, except those owned by other third parties according to the SELLER's agreement, belong to the SELLER.

8.5. The SELLER reserves the right to make any changes deemed necessary in the above matters; such changes will be valid from the moment announced on the WEBSITE or by other appropriate methods by the SELLER.

8.6. Privacy-security policies and terms of use of other sites accessible from the WEBSITE shall apply, and the SELLER is not responsible for disputes or negative consequences arising therefrom.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that he/she has read and become informed of the basic characteristics of the product subject to the contract, sales price, payment method, and prior delivery information on the SELLER's website, and has given the necessary confirmation electronically. The BUYER also accepts, declares, and undertakes that by electronically confirming the preliminary information, he/she has obtained correct and complete information about the SELLER's address to be given before establishing the distance sales contract, the basic features of the ordered products, the prices including taxes, and payment and delivery information.

9.2. Each product subject to the contract will be delivered to the BUYER or the person/organization indicated by the BUYER at the address within the period specified in the preliminary information section on the website, depending on the BUYER's place of residence, not exceeding the legal 30-day period. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order, with warranty certificates, user manuals, and any necessary information and documents, free from any defects, in compliance with legal requirements and standards, and to perform the job diligently and honestly, maintaining and improving service quality, paying necessary attention and care, acting with caution and foresight.

9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance deadline derived from the contract.

9.5. If it becomes impossible to fulfill the product or service subject to the order, the SELLER undertakes to notify the consumer in writing within 3 days of learning this, and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER undertakes and consents that by confirming this Agreement electronically for delivery of the product, if the payment of the price is not made for any reason and/or canceled in bank records, the SELLER's delivery obligation will end.

9.7. In case of unauthorized use of the BUYER's credit card after delivery of the product to the BUYER or the person/organization at the indicated address and non-payment of the product price to the SELLER by the relevant bank or financial institution, the BUYER undertakes to return the product to the SELLER within 3 days at the SELLER's expense for shipping.

9.8. In case of force majeure preventing timely delivery, such as unforeseen circumstances beyond the parties' control, the SELLER shall notify the BUYER. The BUYER may request cancellation of the order, replacement with an equivalent product, and/or postponement of delivery until the obstacle is removed. If the order is cancelled by the BUYER, cash payments will be refunded within 14 days in cash, card payments will be refunded via bank within 14 days, and the BUYER acknowledges possible processing times and that the SELLER is not liable for delays.

9.9. The SELLER may contact the BUYER via the address, email, phone numbers, and other communication details provided by the BUYER for marketing, notification, and other purposes via mail, email, SMS, phone, etc., and the BUYER consents to these communications by accepting this contract.

9.10. The BUYER shall inspect the product/service before accepting delivery; damaged, dented, broken, or torn packages or defective goods/services will not be accepted from the courier. Delivered goods are deemed intact, and after delivery, the responsibility for careful preservation belongs to the BUYER. If a withdrawal right is exercised, the product/service must not be used and the invoice must be returned.

9.11. If the cardholder used at the time of order is not the same as the BUYER or a security gap is found before delivery in the credit card used, the SELLER may request identification and contact information of the cardholder, previous month's card statement, or a letter from the bank. The order will be frozen until the documents are provided. If not provided within 24 hours, the SELLER may cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during membership are accurate, and will compensate the SELLER immediately and fully for all damages caused by inaccuracies after the SELLER's notification.

9.13. The BUYER agrees to comply with legal provisions while using the SELLER's website and not to violate them. Otherwise, all resulting legal and criminal liabilities shall be solely and exclusively binding upon the BUYER.

9.14. The BUYER shall not use the SELLER's website for any purpose disruptive to public order, contrary to public morality, harassing or annoying others, or violating the rights of others; nor engage in activities preventing or hindering the use of services by others (e.g., spam, viruses, Trojans).

9.15. Links to other websites or content outside the control of the SELLER and/or owned or operated by third parties may be provided on the SELLER's website solely for convenience; these do not constitute endorsement or guarantee of the linked sites or their content.

9.16. Members violating one or more of the provisions of this contract shall be personally liable criminally and legally and shall hold the SELLER harmless from legal or criminal consequences. The SELLER reserves the right to claim damages for breach of membership contract upon legal action.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may withdraw from the distance sales contract in the case of sale of goods without any legal or criminal liability and without any justification by rejecting the goods within fourteen (14) days from the date of delivery to himself/herself or the recipient at the address indicated. In case of distance contracts relating to service provision, this period starts from the date the contract is signed. Withdrawal rights cannot be exercised after commencement of service provision with the consumer's consent. Expenses arising from the exercise of the withdrawal right shall be borne by the SELLER. The BUYER acknowledges and accepts having been informed about the right of withdrawal.

10.2. To exercise the withdrawal right, written notification must be made to the SELLER within fourteen (14) days by registered mail, fax or email, and the product must be unused excluding those listed under the "Products Not Eligible for Withdrawal" provisions of this contract. When exercising this right:

a) The invoice of the product delivered to the third party or BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporate. Returns without a return invoice cannot be completed.)

b) Return form,

c) The product box, packaging, and standard accessories (if any) must be returned complete and undamaged.

d) The SELLER is obliged to refund the total amount and return the documents that place the BUYER in debt within 10 days of receiving the withdrawal notice and to accept the return within 20 days.

e) If the product value decreases due to the BUYER's fault or return becomes impossible, the BUYER must compensate the SELLER accordingly. However, the BUYER is not liable for changes and deterioration resulting from proper use of the product during the withdrawal period.

f) If withdrawal causes campaign limits to be breached, discounts used in the campaign will be canceled.

11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL

Products prepared according to the BUYER's request or explicit personal needs that cannot be returned, such as underwear bottom parts, swimwear bottoms, cosmetics, disposable products, perishable goods or those that may expire, products unsuitable for return from health and hygiene perspectives if packaging is opened, products mixed with others and cannot be separated by nature, periodicals other than those under subscription contracts, digital content or software delivered immediately, recordings of sound or images, books, digital content, software programs, data storage devices, computer consumables whose packaging is opened by the BUYER, cannot be returned according to the Regulation. Also, withdrawal right cannot be exercised for services begun with consumer's consent before the expiry of the withdrawal period.

Cosmetic and personal care products, underwear, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, unused, undamaged, and untested to be returnable.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payments made by credit card, he/she accepts that they will pay interest under the credit card agreement with the bank and be responsible to the bank. The bank may take legal action and claim costs and attorney fees from the BUYER. The BUYER also agrees to compensate the SELLER for damages caused by delayed payment.

13. COMPETENT COURT

Disputes arising from this contract shall be submitted to the consumer arbitration board or consumer court at the place of the consumer's domicile or where the consumer transaction was performed, within the monetary limits specified by law.

14. EFFECTIVENESS

The BUYER shall be deemed to have accepted all terms of this contract upon making the payment for the order placed via the Site. The SELLER is obliged to implement the necessary written arrangements so that the BUYER reads and accepts this contract before the order is finalized on the site.

SELLER:

BUYER:

DATE:

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