DISTANCE SALE AGREEMENT
- CONTRACT PARTIES
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
- ‘BUYER ‘; (hereinafter referred to as “BUYER” in the contract)
- ‘SELLER ‘; (hereinafter referred to as “SELLER” in the contract)
NAME- SURNAME: AKYBUL E-Ticaret LTD ŞTİ
ADDRESS: Suadiye Mah. Fatma Kadin Sk . İhsan Bey Apt. No: 18/6 Kadıköy-İstanbul
By accepting this contract, the PURCHASER agrees in advance that if the contract subject approves the order, it will be under the obligation to pay the order subject price and additional charges such as shipping fee, tax, if any.
In the implementation and interpretation of this contract, the terms written below will express the written explanations against them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (RG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction other than providing goods committed or committed to be made for a fee or benefit,
SELLER: The company acting on behalf or on behalf of the consumer offering or offering goods within the scope of his commercial or professional activities,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER ,
ORDERING PARTY : Real or legal person requesting a good or service on the website of the SELLER ,
PARTIES: SELLER and BUYER ,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
Position 3 of the
This Agreement regulates the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product, the qualities of which are stated below, and the sales price , which the BUYER has ordered electronically via the SELLER ‘s website.
The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
- SELLER INFORMATION
Title : AKYBUL E-Ticaret LTD ŞTİ
Address: Suadiye Mah. Fatma Kadin Sk . İhsan Bey Apt. No: 18/6 Kadıköy-İstanbul
- BUYER INFORMATION
Person to be delivered
Email / username
- PERSON INFORMATION OF THE ORDER
Name / Surname / Title
Email / username
- CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
- The main features (type, quantity, brand / model, color, number) of the Good / Product / Products / Service are published on the website of the SELLER . If the campaign is organized by the seller, you can examine the basic features of the product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan
The person to be delivered
7.4. The shipping fee, which is the shipping cost of the product , will be paid by the BUYER.
- INVOICE INFORMATION
Name / Surname / Title
Email / username
Invoice delivery: Invoice will be delivered to the invoice address with the order during order delivery
- GENERAL PROVISIONS
9.1. The Purchaser, vendor basic characteristics of the contract product on the website of background information for delivery of the sale price and form of payment, read, information with that, accept that the necessary confirmation in electronic form, and warrants. BUYER’s ; It accepts, declares and undertakes to confirm the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price including the taxes, the payment and delivery information correctly and completely. .
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER, provided that it does not exceed the legal period of 30 days . During this time, the buyer fails to be delivered, the recipient reserves the right to terminate the contract.
9.3. The SELLER performs the product subject to the contract in full, in accordance with the qualifications specified in the order, and if any, the warranty documents, user manuals with the information and documents required by the business, in accordance with the legal regulations, in accordance with the legal regulations, in accordance with the principles of integrity and integrity. accepts, declares and undertakes to act, to maintain and raise the quality of service, to show the necessary attention and care during the performance of the work, 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 explicit consent before the contractual performance obligation expires .
9.5. If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the order product or service becomes impossible, the seller accepts, declares and undertakes that he / she will notify the consumer in writing within 3 days from the date of his learning and will return the total price to the BUYER within 14 days .
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Agreement electronically for the delivery of the product subject to the Contract , and the SELLER’s obligation to deliver the product subject to the contract will cease if the price of the product subject to the contract is not paid and / or canceled in the bank records .
9.7. BUYER contract products to the buyer or the buyer’s person at the address indicated and / or after the delivery of the organization recipient of the result of using unfair unauthorized of the credit card contract product costs by the relevant bank or financial institution to the seller in case of non-payment, the Purchaser Agreement subject merchandise in 3 days shipping expense to the seller to belong to the seller agreed to refund, and warrants.
9.8. The SELLER accepts, declares and undertakes that he / she will not notify the BUYER if he / she cannot deliver the product subject to the contract within the due time due to force majeure conditions such as the development of the parties that are beyond the will of the parties, unforeseen and preventing the parties from fulfilling their debts . The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with the equivalent, if any, and / or postpone the delivery period until the barrier situation disappears . In the event that the order is canceled by the BUYER , the amount of the product is paid to him / her in cash and in cash within 14 days . The receiver is in his pay by credit card, the amount of product will be returned to the bank within 14 days after the order is canceled by the Purchaser. RECEIVER, the amount refunded to your credit card by SELLER average process for the projected RECEIVER account by banks with 2 to find 3 weeks after returning to the bank that holds the recipient is the account reflection state entirely related to the banking process, RECEIVER, for possible delays seller accepts, declares and undertakes that he / she cannot hold responsible.
9.9. Communication, marketing, notification and other means of communication by means of letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the SELLER on the site registration form or updated by him / her. has the right to reach the BUYER for other purposes . By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities.
9:10. BUYER will inspect the goods / service subject to the contract before receiving; dents, broken, torn packaging etc. will not receive damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. The careful protection of the goods / services after the delivery belongs to the BUYER . If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9:11. Is not the same person, the holder of the credit card is used when ordering with the receiver equipment, or the recipient prior to delivery, security, if it is determined to open for the credit cards used in order, dealer, identification and contact information for the credit card holder, the extraction of the previous month, the credit card used in order or the cardholder may request from the bank to present the letter indicating that the credit card belongs to him . The order will be frozen until the BUYER provides the information / documents subject to the request, and if the mentioned 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 by the SELLER while subscribing to the website of the SELLER is true, and that the SELLER will immediately compensate for any damages incurred by the contrary to the fact of the SELLER upon the first notification of the SELLER .
9:13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER . Otherwise, all legal and penal obligations that will arise will bind the BUYER completely and exclusively .
9:14. The BUYER may not use the SELLER ‘s website in any way to disrupt public order, to violate public morality, to disturb and harass others, to violate the material and moral rights of others. In addition, the member cannot take action to prevent or force others to use the services ( spam , virus , trojan horse, etc.).
9:15. Links to other websites and / or other content owned and / or operated by other third parties may be linked via the SELLER ‘s website. These links buyers orientation does not carry any guarantee for the information contained in the nature is being laid to provide the convenience of any web site or that site support and the people who run the Link website.
9:16. The member who violates one or more of the articles listed in this contract is criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, the SELLER reserves the right to claim compensation in case the event is transferred to the legal field, since the membership agreement against the member is not complied with.
- RIGHT TO WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of the goods, within 14 (fourteen) days from the date of delivery of the product to itself or the person / organization at the address indicated, it may exercise its right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any reason. In distance contracts regarding service delivery, this period starts from the date of signing the contract. Before the right of withdrawal expires, the right of withdrawal cannot be used in the service contracts whose service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he has been informed of the right to withdraw.
10.2. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 ( fourteen ) days and the product must not be used in accordance with the provisions of the “Products that cannot be used with right of withdrawal”. If this right is exercised,
- a) Invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is institutional, it must be sent together with the return invoice issued by the institution when returning.
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
- d) SELLER total cost and at the latest within 10 days of receipt of his breach notification receiver under debt documents put the Purchaser is obliged to return and get a refund or to property within 20 days.
- e) If there is a decrease in the value of the goods due to a reason arising from the BUYER ‘s defect or if the return becomes impossible, the BUYER is liable to compensate the losses of the SELLER . However, the PURCHASER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal.
- f) If the campaign limit amount regulated by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
- PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL
Recipient’s request, or clearly prepared in accordance with individual needs and not suitable to be returned, underwear sub-components, swimwear and bikini bottoms, cosmetics, disposable products, rapid deterioration of danger or that expired the possibility of the goods, the buyer delivery Products that are not suitable for health and hygiene, if the packaging is opened by the PURCHASER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, Goods related to periodicals such as newspapers and magazines, except those provided under the Subscription Agreement, services or intangible goods that are instantly delivered to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer supplies, packaging. If it is opened by the BUYER, it is not possible to return it as per the Regulation. Also before the end of the period the right of withdrawal, the consumer’s right to withdraw consent for the use of the services performed by starting the dayönetmelik is unlikely to need.
Cosmetics and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) are unopened, untested, intact for returning and they must be unused.
- DEFAULT CARE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the bank, if the payment is made in default when he / she makes the payment by credit card. In this case, the bank may apply to legal means; probable costs and power of attorney fees from the buyer can demand and in any case the recipient in case of default in the fall because of the debt, RECEIVER, due to the execution delayed the debt of the seller damage suffered and agree to pay the damages, and warrants
- AUTHORIZED COURT
In disputes arising from this contract, complaints and appeals, consumer problems within the monetary limits specified in the law below , or where the consumer transaction is made, will be made to the arbitral tribunal or to the consumer court. Information on the monetary limit is as follows:
Effective from 28/05/2014:
- a) To the district consumer arbitration committees in disputes whose value is below 2.000,00 ( two thousand ) TL pursuant to Article 68 of the Law on the Protection of Consumers No 6502 ,
- b) Value 3,000.00 ( three thousand ) US $ ‘ n disputes under provincial consumer arbitration,
- c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees for disputes between 2.000,00 ( two thousand ) TL and 3.000.00 ( three thousand ) TL.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements, prior to the realization of the order, to obtain confirmation that this contract has been read and accepted by the BUYER on the site .