DISTANT SALES AGREEMENT
This Agreement is signed between the following parties under the terms and conditions specified below:
A. ‘BUYER’; (hereinafter referred to as the “BUYER”)
B. ‘SELLER’; (hereinafter referred to as the “SELLER”)
By accepting this agreement, the BUYER acknowledges that, upon confirming the order subject to the agreement, they commit to pay the order amount, additional fees such as shipping costs and taxes, and are informed in advance.
The terms in this agreement and their explanations are as follows:
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distant Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction made for a fee or benefit other than providing goods,
SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person requesting a product or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOOD: The movable property subject to purchase and non-material goods such as software, sound, image, and similar items prepared for use in electronic media.
This Agreement regulates the rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distant Contracts regarding the sale and delivery of the product with the qualities and sales price specified, which the BUYER ordered electronically through the SELLER’s website.
The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the specified period expires.
4. SELLER INFORMATION
Title: Bilsar Textile Industry and Foreign Trade Inc.
Address: Evliya Çelebi Mahallesi Meşrutiyet Caddesi No:90/A Bilsar Building Şişhane/Beyoğlu/Istanbul
Email: [email protected]
5. BUYER INFORMATION
The person to be delivered
6. INFORMATION OF THE PERSON PLACING THE ORDER
7. INFORMATION ABOUT THE SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS
7.1. The basic features of the product(s)/service are published on the SELLER’s website. If the Seller has organized a campaign for the product, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the campaign date.
7.2. The prices listed on the site are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the specified period expires.
7.3. The total sales price, including all taxes, of the product or service subject to the contract, is shown below:
Product DescriptionQuantityUnit PriceSubtotal
Payment Method and Plan
7.4. The shipping cost, which is the shipping cost with cargo expenses, will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: The invoice will be delivered to the invoice address during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the essential qualities of the product, the sales price, payment method, and delivery information related to the product subject to the contract on the SELLER’s website, and that they have provided the necessary confirmation electronically before the conclusion of the distance sales contract.
The BUYER accepts, declares, and undertakes that they have accurately and completely obtained the address to be provided by the SELLER, the basic features of the products ordered, the price of the products, payment, and delivery information, as stated on the SELLER’s website.
9.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified on the website, depending on the distance of the residential area of the BUYER. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product in full, in accordance with the specifications stated on the website, with the necessary documents, manuals, and information, if any, in a sound, standard, and quality manner in accordance with legal requirements. The SELLER also undertakes to notify the BUYER within 3 days of any situation that may prevent the fulfillment of the contract and to refund the total price to the BUYER within 14 days.
9.4. If the SELLER cannot fulfill its obligations under the contract before the expiration of the performance obligation, it may supply a different product of equal quality and price, provided that it informs the BUYER and obtains their clear consent.
9.5. If the SELLER cannot fulfill its obligations due to the impossibility of the order, it shall notify the BUYER in writing within 3 days from the date of learning about this situation and refund the total price to the BUYER within 14 days.
9.6. If the payment made by the BUYER with a credit card is not paid to the SELLER due to the unauthorized use of the credit card by third parties after the product is delivered, the BUYER must return the product to the SELLER within 3 days at the shipping cost borne by the SELLER.
9.7. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through the contact information provided by the BUYER when registering on the SELLER’s website.
9.8. If the BUYER is in default in the payment process with a credit card, the BUYER agrees that they will pay interest within the framework of the credit card agreement between them and the bank.
9.9. The BUYER agrees to comply with legal regulations when using the SELLER’s website and not to violate them. Otherwise, the BUYER shall be solely responsible for all legal and criminal obligations that may arise.
9.10. The BUYER cannot use the SELLER’s website in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, or is used for an illegal purpose, violates the material and moral rights of others in any way.
9.11. The SELLER reserves the right to unilaterally change the provisions of this Agreement at any time it deems appropriate. These changes will take effect on the date of publication on the website, and the BUYER is deemed to have accepted these changes by continuing to benefit from the services provided by the website.
9.12. The SELLER may assign this Agreement to another real or legal person at any time without the need for prior notice and/or consent of the BUYER.
9.13. Disputes arising from this Agreement will be resolved by the courts and enforcement offices in the city where the BUYER resides or where the consumer transaction is made.
9.14. The BUYER may not use the internet site belonging to the SELLER in any way that disrupts public order, contradicts general morality, disturbs and harasses others, or violates the material and spiritual rights of others for an unlawful purpose. In addition, the member may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, trojan horses, etc.).
9.15. Through the internet site belonging to the SELLER, links may be provided to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER. These links are placed to facilitate ease of navigation for the BUYER and do not endorse any website or the person operating that site, and do not guarantee the information contained on the linked website.
9.16. The member who violates one or more of the articles mentioned in this contract will be personally responsible for the legal and penal consequences of such violation, and will indemnify the SELLER from the legal and penal consequences of these violations. In addition, in the event of the violation being brought into the legal domain, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER: In the case of distance contracts related to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the specified address, without assuming any legal or penal responsibility and without providing any reason, by notifying the SELLER, provided that the buyer returns the product. In the case of distance contracts for the provision of services, this period starts from the date the contract is signed. In service contracts where the performance of the service has begun with the consumer’s approval before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. The BUYER, by accepting this agreement, acknowledges being informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal within the 14 (fourteen) day period, the BUYER must send a written notification to the SELLER by registered mail, fax, or email and the product must not have been used within the framework of the “Products for Which the Right of Withdrawal Cannot Be Used” provisions specified in this agreement. In case of exercising this right,
a) The invoice of the product delivered to a third party or the BUYER must be sent together with the returned product. (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns for corporate orders not accompanied by a RETURN INVOICE cannot be completed.)
b) Return form,
c) The box, packaging, and, if any, standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price and return the documents that put the BUYER under debt within 10 days from the date of receipt of the withdrawal notification.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is obliged to compensate the damages of the SELLER in proportion to his/her fault. However, the BUYER is not responsible for changes and deteriorations in the goods or products that occur within the right of withdrawal period due to the proper use of the goods or products.
f) In case the campaign limit amount arranged by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that are prepared according to the personal requests or explicitly for the needs of the BUYER and cannot be returned, underwear bottoms, swimsuits, makeup products, disposable products, goods with a risk of rapid deterioration or an expiration date, products not suitable for return due to health and hygiene after being delivered to the BUYER and if the packaging is opened, products mixed with other products after delivery and cannot be separated due to their nature, goods related to periodic publications such as newspapers and magazines, instantly performed electronic services or non-material goods delivered to the consumer immediately, sound or image recordings, books, digital content, software programs, data recording, and data storage devices, computer consumables, the return of which is not possible according to the Regulation when their packaging is opened by the BUYER. Also, the right of withdrawal cannot be used for services started with the consumer’s approval before the expiration of the withdrawal period, according to the Regulation. Cosmetic and personal care products, underwear products, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, as well as stationery consumables (toner, cartridge, ribbon, etc.), must have unopened, untested, undamaged, and unused packaging for returns.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest to the bank under the credit card agreement between the cardholder bank and themselves and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; they can request from the BUYER the expenses and attorney fees incurred and, in any case, the BUYER accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In case of disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, including the monetary limits specified in Article 68 of the Consumer Protection Law No. 6502 and the Notification regarding the increase of the monetary limits in the Consumer Arbitration Committees Regulation. This Agreement is made for commercial purposes.
The BUYER is deemed to have accepted all the terms of this agreement when they complete the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the realization of the order.