Distance Sales Agreement

1. PARTIES

This Agreement is concluded between the parties below under the terms and conditions stated herein.

A. ‘BUYER’ ; (hereinafter referred to as the "BUYER")

B. ‘SELLER’ ; (hereinafter referred to as the "SELLER")

NAME-SURNAME:
ADDRESS:

By accepting this Agreement, the BUYER acknowledges that upon approving the order, the BUYER undertakes to pay the order price and any additional charges stated such as shipping and taxes, and confirms having been informed accordingly.

2. DEFINITIONS

In the application and interpretation of this Agreement, the terms below shall have the meanings written opposite them.

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: the Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: 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 acts on behalf or for the account of the party offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERING PARTY: A natural or legal person who requests a good or service via the SELLER’s internet site,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to the sale and software, sound, image and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product whose qualities and sale price are stated below, ordered electronically by the BUYER via the SELLER’s internet site, pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

Listed and published prices on the site are sale prices. Published prices and promises remain valid until updated or changed. Time-limited prices remain valid until the end of the stated period.

4. SELLER INFORMATION

Title: AHNM Yazılım
Address: Mahmutbey Mah. İstoç 12. Ada No:69 Bağcılar / İstanbul
Phone: 0533 334 03 27
Fax:
Email: [email protected]
Website: webtemagaza.com

5. BUYER INFORMATION

Person to receive delivery
Delivery address
Phone
Fax
Email/username

6. ORDERING PARTY INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/username

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the Goods / Product(s) / Service (type, quantity, brand/model, colour, number) are published on the SELLER’s internet site. If the Seller has organised a campaign, you may review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2. Listed and published prices on the site are sale prices. Published prices and promises remain valid until updated or changed. Time-limited prices remain valid until the end of the stated period.

7.3. The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.

Payment method and plan
Delivery address
Person to receive delivery
Invoice address
Order date
Delivery date
Delivery method

7.4. Shipping costs for product dispatch shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/username

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

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that the BUYER has read and is informed of the preliminary information on the SELLER’s internet site regarding the basic characteristics of the product subject to the Agreement, the sale price, payment method and delivery, and has given the required confirmation electronically. By confirming the Preliminary Information electronically, the BUYER also accepts, declares and undertakes that, before the distance sales agreement is concluded, the BUYER has accurately and completely obtained the address to be provided by the SELLER to the BUYER, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information.

9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organisation at the address indicated by the BUYER within the period stated in the preliminary information on the internet site, depending on the distance of the BUYER’s place of residence, without exceeding the 30-day statutory period. If the product cannot be delivered to the BUYER within this period, the BUYER’s right to terminate the Agreement is reserved.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualities stated in the order and, where available, with warranty certificates, user manuals and documents required by the nature of the work; to perform the work free from any defects in accordance with legal requirements, soundly and in compliance with standards, in line with honesty and good faith; to maintain and improve service quality; to show due care and diligence during performance; and to act with prudence and foresight.

9.4. Before the performance obligation arising from the Agreement expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent.

9.5. If performance of the ordered product or service becomes impossible and the SELLER cannot fulfil the obligations subject to the Agreement, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning this situation and to refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that the BUYER will confirm this Agreement electronically for delivery of the product subject to the Agreement, and that if for any reason the price of the product subject to the Agreement is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall end.

9.7. If, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organisation at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to unauthorised wrongful use of the BUYER’s credit card by third parties, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the Agreement on time due to force majeure events arising beyond the parties’ will, unforeseeable in advance and preventing and/or delaying performance of the parties’ obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER is entitled to request cancellation of the order, replacement of the product subject to the Agreement with an equivalent if available, and/or postponement of the delivery period until the preventing situation ends. If the BUYER cancels the order, for cash payments the product amount is paid to the BUYER in cash and in a lump sum within 14 days. For credit card payments, the product amount is refunded to the relevant bank within 14 days after cancellation by the BUYER. The BUYER accepts, declares and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, that reflection after refund to the bank is entirely related to the bank’s process, and that the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, email, SMS, phone call and other means via the address, email address, fixed and mobile phone lines and other contact details stated by the BUYER in the site registration form or later updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the above communication activities toward the BUYER.

9.10. Before taking delivery of the goods/service subject to the Agreement, the BUYER shall inspect them; damaged and defective goods/services such as crushed, broken or torn packaging shall not be accepted from the courier company. Goods/services taken delivery of shall be deemed undamaged and sound. After delivery, the duty to carefully protect the goods/service belongs to the BUYER. If the right of withdrawal will be used, the goods/service must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request from the BUYER identity and contact details of the credit card holder, the previous month’s credit card statement for the card used in the order, or a letter from the card holder’s bank confirming that the credit card belongs to the card holder. The order will be frozen until the BUYER provides the requested information/documents, and if such requests are not met within 24 hours, the SELLER is entitled to cancel the order.

9.12. The BUYER declares and undertakes that personal and other information given when becoming a member of the SELLER’s internet site is accurate, and that the BUYER will immediately compensate in cash and in a lump sum all damages the SELLER may suffer due to inaccuracy of such information upon the SELLER’s first notice.

9.13. The BUYER accepts and undertakes from the outset to comply with legal provisions while using the SELLER’s internet site and not to violate them. Otherwise, all legal and criminal liabilities arising shall bind the BUYER fully and exclusively.

9.14. The BUYER may not use the SELLER’s internet site in any way that disturbs public order, is contrary to general morality, harasses or molests others, for an unlawful purpose, or that infringes others’ material and moral rights. Furthermore, the member may not engage in activities that prevent or hinder others’ use of services (spam, virus, Trojan horse, etc.).

9.15. Links may be provided via the SELLER’s internet site to other websites and/or other content not under the SELLER’s control and/or owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not support any website or the person operating that site, and do not constitute any warranty regarding the information contained on the linked website.

9.16. A member who violates one or more of the articles listed in this Agreement is personally liable criminally and civilly due to such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Furthermore, if the matter is referred to the legal domain due to such violation, the SELLER’s right to claim damages against the member for non-compliance with the membership agreement is reserved.

10. RIGHT OF WITHDRAWAL

10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods and withdrawing from the Agreement within 14 (fourteen) days from the date of delivery to the BUYER or to the person/organisation at the indicated address, provided that the SELLER is notified, without assuming any legal or criminal liability and without stating any reason. For distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where performance of the service begins with the consumer’s consent before the withdrawal period ends. Costs arising from use of the right of withdrawal belong to the SELLER. By accepting this Agreement, the BUYER acknowledges in advance having been informed about the right of withdrawal.

10.2. To use the right of withdrawal, written notice must be given to the SELLER within 14 (fourteen) days by registered mail with return receipt, 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 of this Agreement. Upon use of this right,

• a) the invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.),
• b) the return form,
• c) the products to be returned must be delivered completely and undamaged together with their box, packaging and, if any, standard accessories.
• d) The SELLER is obliged to refund the total price and documents that put the BUYER under debt to the BUYER within at most 10 days from receipt of the withdrawal notice, and to take back the goods within 20 days.
• e) If the value of the goods decreases for a reason attributable to the BUYER’s fault, or return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deterioration occurring due to proper use of the goods or product within the withdrawal period.
• f) If use of the right of withdrawal causes the campaign limit amount organised by the SELLER to fall below the threshold, the discount amount benefited under the campaign is cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Goods prepared in line with the BUYER’s request or clearly personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up materials, disposable products; goods liable to deteriorate quickly or that may pass their expiry date; products that are not suitable for return for health and hygiene reasons once their packaging is opened by the BUYER after delivery; products that mix with other products after delivery and cannot by nature be separated; goods relating to periodicals such as newspapers and magazines other than those provided under a subscription contract; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and sound or image recordings, books, digital content, software programs, data recording and storage devices, computer consumables whose packaging has been opened by the BUYER cannot be returned pursuant to the Regulation. Furthermore, use of the right of withdrawal relating to services whose performance begins with the consumer’s consent before the withdrawal period ends is also not possible pursuant to the Regulation.

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.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults where payment transactions are made by credit card, the BUYER accepts, declares and undertakes to pay interest under the credit card agreement with the card-issuing bank and to be liable to the bank. In this case the relevant bank may resort to legal remedies; may claim arising costs and attorney fees from the BUYER; and in any case if the BUYER defaults due to the BUYER’s debt, the BUYER accepts, declares and undertakes to pay the SELLER’s damages arising from delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections arising from this Agreement shall be made to the consumer arbitration committee or consumer court at the consumer’s place of residence or where the consumer transaction was made, within the monetary limits stated in the law below. Information on the monetary limit is as follows:

Effective as of 01/01/2017, for applications to consumer arbitration committees for 2017, the value:

• a) for disputes under 2,400 (two thousand four hundred) Turkish Liras, district consumer arbitration committees,
• b) for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in metropolitan provinces, provincial consumer arbitration committees,
• c) for disputes under 3,610 (three thousand six hundred ten) Turkish Liras in the centres of non-metropolitan provinces, provincial consumer arbitration committees,
• ç) for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts of non-metropolitan provinces, provincial consumer arbitration committees are designated as competent.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

When the BUYER completes payment for the order placed via the Site, the BUYER is deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements so that approval is obtained that this Agreement has been read and accepted by the BUYER on the site before the order is completed.

SELLER: AHNM Yazılım
BUYER:
DATE: