DISTANCE SALES AGREEMENT
SIDES
SELLER:
Seller Name / Title: EVCİ REKLAMCILIK GIDA MADEN İTHALAT VE İHRACAT TİC. LLC.
Seller's Full Address: SEFEROĞLU APT. NO: 30 / B MURATPASA / ANTALYA
Seller's Phone: 0242 316 00 23
Seller's Email Address: kafdesign.net@gmail.com
Seller Mersis No: 0381045389300015
RECEIVER:
Name and surname: […]
Address: […]
Telephone: […]
Email: […]
SUBJECT AND SCOPE OF THE CONTRACT
The subject of this distance sales contract ("Contract") is about the sale and delivery of the product whose qualities and sales price are specified below, which the Buyer has ordered electronically from the website www.lesbenjamins.com ("Site") of the Seller. It is the determination of the rights and obligations of the parties in accordance with the Law and Distance Sales Regulation.
BASIC QUALIFICATIONS OF THE CONTRACT SUBJECT GOODS AND SERVICES
Product Code and Name: […]
Piece: […]
Unit Price (including VAT): […]
Shipping Fee: 0 TL
Discount / Coupon: […]
Total Price (including VAT): […]
PAYMENT AND DELIVERY TERMS
Total product price excluding shipping: […]
Shipping Fee: 0 TL
Total Cost Including Cargo: […]
Payment Method: [Money Order / EFT] [Credit Card] […]
Number of Installments: […]
Maturity Difference Received: […]
Interest rate used in Maturity Difference account: […]
Additional Cost: None
Delivery address: […]
The product / products subject to the contract are delivered to the Buyer or the person / organization at the address indicated in this 30 (thirty) day period, depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed the legal 30-day period following the receipt of the order determined by the laws and regulations. If the buyer cancels the order, the amount paid is paid to him in cash and in lump sum within 14 (fourteen) days.
The price of the product in question is EVCİ REKLAMCILIK GIDA MADEN İTHALAT VE İHRACAT TİC. LLC. charged by the Buyer. The contract entered into force upon being approved by the Buyer electronically, and it is executed by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person (s) specified.
For the avoidance of doubt, for the delivery of the product (s) subject to this Agreement, the Contract and the Preliminary Information Form must be confirmed electronically and the price of the product (s) must be paid in the form of payment preferred by the Buyer. If, for any reason, the product price is not paid or is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the product.
DELIVERY COSTS AND PERFORMANCE
Unless otherwise stated, the delivery costs of the goods belong to the Buyer. If the seller declares that the delivery fee will be covered by him on the Site, the delivery costs will be borne by the Seller.
Delivery of the goods is made within the promised time after the payment is made. The seller delivers the goods or services within 30 (thirty) days from the order of the goods or service by the Buyer, without prejudice to the cases where the fulfillment of the goods or services subject to the order becomes impossible.
If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the goods or services.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date of learning about this situation, and all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification. will refund.
BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer is aware that he / she has read the preliminary information uploaded by the Seller regarding the basic qualities of the contractual goods or service on the Site, the sales price and payment method, and the delivery and shipping costs, and that he / she has given the necessary confirmation electronically and that the order he placed means OBLIGATION TO PAYMENT, accepts and declares.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer will also provide information on the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price. confirms that it has received the correct and complete.
If the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the goods or services, the Buyer has delivered the goods to him. or to return the service to the Seller within 3 (three) days. In this case, delivery costs belong to the Buyer.
The buyer can convey his demands and complaints as a consumer by using the contact information of the Seller above.
SELLER'S DECLARATIONS AND COMMITMENTS
The seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the seller cannot deliver the goods or services subject to the contract within the time limit due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning.
If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
RIGHT OF WITHDRAWAL
The Buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of purchase, from the date of delivery in transactions related to the sale of goods, without undertaking any legal and criminal liability and without any justification. The buyer may also exercise his right of withdrawal within the period until the delivery of the goods.
The buyer can use his right of withdrawal by filling out the withdrawal form delivered to him with the order and delivering it to the Seller. The Buyer must return the goods within 10 (ten) days from the date on which he exercises his right of withdrawal. Together with the goods, the invoice, the box, packaging, standard accessories, if any, and other products gifted with the goods must be returned completely and undamaged. The buyer must use the goods in accordance with its functioning, technical specifications and instructions for use within the withdrawal period.
As long as the Buyer sends the goods to the Seller with the contracted shipping company specified in the Preliminary Information Form, the seller stipulated for the return, the return shipping fee belongs to the Seller. In the event that the Buyer sends the goods to be returned with a cargo company other than the contracted cargo company, the Seller is not responsible for the return cargo price and the damage to the product during the shipping process.
Within 14 (fourteen) days after the Buyer uses his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return), all payments made by the Buyer to the Seller for the relevant goods or services are in accordance with the payment instrument used by the Buyer when purchasing. It will be returned in one way and without incurring any cost or liability to the consumer.
If there are justifiable reasons for not returning the goods, the Seller may supply goods / services of equal quality and price to the Buyer before the performance period in the contract expires. If the seller thinks that the performance of the goods / services becomes impossible, he / she notifies the Buyer within 3 (three) days from the date of learning. In this case, the Seller returns the price paid and the documents, if any, to the Buyer within 14 (fourteen) days. As long as the Buyer sends the goods / service to be returned to the Seller through the Seller's contracted cargo company specified in the preliminary information form, the return shipping fee belongs to the Seller. In the event that the Buyer sends the product to be returned with a cargo company other than the contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return cargo price and the damage to the goods during the shipping process.
Cargo company to be sent by the Buyer to the Seller in case of return: Yurtiçi Kargo
CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer cannot use its right of withdrawal in the following cases:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts for books, digital content and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
g) Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
ğ) Contracts for services performed immediately in the electronic environment or for intangible goods delivered immediately to the consumer.
h) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.
DEFAULT AND LEGAL RESULTS
In the event that the Buyer defaults on transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies, and may request the costs to be incurred and the attorney's fee from the Buyer. Under all circumstances, if the Buyer goes into default due to its debt, the Buyer will be responsible for any loss or damage incurred by the Seller.
PROTECTION OF PERSONAL DATA
The seller is LesBenjamins Tekstil Tic. A.Ş. is the "data controller" within the scope of the Law on the Protection of Personal Data No.6698 (the "Law").
Personal data transmitted by the Buyer to the Seller for the purpose of the execution of this Agreement, the execution of the order subject to the Contract, the delivery of the products / services, invoicing, payment tracking, updating the information belonging to the Buyer, managing and maintaining the membership and ensuring the fulfillment of the technical, logistics and other functions of the Site. within the framework of the personal data processing conditions specified in Articles 5 and 6 of the Law, and for these purposes, between the in-house departments / units of the Seller or to business partners, suppliers, group companies, company officials, employees, shareholders, consultants, legally authorized public institutions and It can be transferred to private persons, or to persons, institutions and / or organizations that are legally required and / or permitted, and, but not limited to, public legal entities authorized to receive data within the framework of the personal data processing conditions specified in Articles 8 and 9 of the Law. .
Personal data can be processed verbally, in writing or electronically, fully or partially automatically or by non-automatic means provided that it is a part of any data recording system, limited to the information entered by the Buyer while signing up on the Site, relevant legislation, contract, request, commercial Within the framework of legal reasons arising and exercised based on the rules of customary and honesty, the Seller can fulfill his legal responsibilities, fulfill the requirements of the distant sales contract concluded and in this direction, the purpose of establishing, exercising and protecting the mutually owned rights and considering the fundamental rights and freedoms of the Buyer. It is collected to be processed for legal reasons such as protecting its legitimate interests.
By applying to the Seller using the contact information of the Seller at the very beginning of the Contract, the Buyer will find out whether the collected personal data is processed, request information about it, if it has been processed, whether it has been used in accordance with the purpose and purpose of processing, knowing the third parties to which it is transferred domestically or abroad, incomplete or to request correction in case of wrong processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the aforementioned Law, to request the third parties to whom it is transferred to be notified of the transactions made within the scope of correction, deletion or destruction, to be analyzed exclusively through automated systems. has the right to object to the emergence of a result against you, to demand the compensation of the damage in case of damage due to illegal processing.
The necessary precautions for the security of the information and transactions entered by the Buyer on the Site have been taken in the system infrastructure of the Seller, according to the nature of the information and transaction, within the scope of today's technical facilities. However, since the information in question is entered from the Receiver device, it is the responsibility of the Buyer to take necessary measures, including those related to viruses and similar harmful applications, to protect them from the Buyer side and not to be accessed by unrelated persons.
INTELLECTUAL PROPERTY
Regarding all kinds of information and content on the Site and their arrangement, revision and partial / complete use; Except for those belonging to other third parties according to the Seller's agreement; All intellectual and industrial rights and property rights belong to the Seller. All, part of the product / products purchased by the buyer and / or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subjected to derivative works, transferred or sold. Buyer hereby accepts and undertakes that he will not use the purchased product for illegal purposes and / or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, but the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorities.
NOTIFICATIONS AND EVIDENCE AGREEMENT
The Buyer and Seller hereby accept, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications directed to this address will be deemed valid.
The Buyer, in disputes arising from this Agreement, with the Seller's official books and commercial records, its own database, servers, etc. It accepts, declares and undertakes that the electronic information and computer records it keeps will constitute binding, conclusive and exclusive evidence, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure numbered 6100.
RESOLUTION OF DISPUTES
The responsibility for the goods or services sold within the scope of the Law No.6502 on the Protection of the Consumer and the Regulation on Distance Contracts belongs to the Seller personally. However, the Buyer may convey their complaints about the purchased goods and services directly to the Seller or through the Site. If the complaint is submitted, the Seller will provide all possible support to resolve the problem.
In case of disputes related to the contract, applications for the dispute can be made to the Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where the residence is located, up to the value declared by the Ministry of Customs and Trade, and to the Consumer Courts in case of disputes over the aforementioned value. .
FORCE
This Agreement has been signed and entered into force on the date of […] by being approved electronically by the Buyer.
The text of this contract will be sent by e-mail to the e-mail address sent by the Seller immediately after its conclusion and will be kept by the Seller for 3 (three) years. The Buyer can request access to the copy of this Agreement from the Seller by applying with a request to the address kafdesign.net@gmail.com.
SELLER: EVCİ REKLAMCILIK GIDA MADEN İTHALAT VE İHRACAT TİC. LLC.
BUYER: [...]