Distance Sales Agreement
1.PARTIES
This Agreement has been signed between the parties below within the terms and conditions specified below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
Title: Güner Ofis Okul ve Büro Malzemeleri Sanayi Turizm Ticaret LTD. ŞTİ.
Brand: İmalattan Sümen
Address: Örnektepe Mahallesi Etibank Caddesi Onur Sokak No:39/7, Beyoğlu/İstanbul
Phone: 0212 210 33 91
Mobile: 0555 897 38 74
Email: info@imalattansumen.com
By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, if any, and that he/she has been informed about this.
2.DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188)
SERVICE: The subject of all consumer transactions other than the supply of goods made or promised to be made 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 account of the goods provider,
BUYER: 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: Real or legal person who requests a good or service through the website owned by the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Movable property subject to shopping and intangible goods such as software, audio, video and similar prepared for use in electronic environment.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically through the website owned by the SELLER.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Güner Ofis Okul ve Büro Malzemeleri Sanayi Turizm Ticaret LTD. ŞTİ. (İmalattan Sümen)
Address:Örnektepe Mahallesi Etibank Caddesi Onur Sokak 39/7 Beyoğlu/İstanbul
Phone:0212 210 33 91
Mobile:0555 897 38 74
Email:info@imalattansumen.com
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
1. The basic features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a certain period are valid until the end of that period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Fee
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee for product shipment will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that he/she has read and understood the preliminary information regarding the basic qualities of the product subject to the contract, the sales price, the payment method, and delivery on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that he/she has accurately and completely obtained the address that the SELLER must provide to the BUYER before the conclusion of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information, by confirming the Preliminary Information electronically.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER's residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, information, and documents required by the work, free from all defects, in accordance with legal regulations, in a robust and standard manner, to perform the work within the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and attention during the performance of the work, and 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 his/her explicit consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of providing the product or service subject to the order, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning this situation and to refund the total amount 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 that 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 for any reason and/or is canceled in the bank records.
9.7. The BUYER accepts, declares and undertakes that if the credit card belonging to the BUYER is used unfairly by unauthorized persons after the delivery of the product subject to the Contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, and the product price subject to the Contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the Contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the stipulated time due to force majeure events such as unforeseen and unforeseeable events beyond the will of the parties, which prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to inform the BUYER of this situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In case the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount is paid to him/her in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. Commercial electronic messages are sent only based on the explicit consent given separately by the BUYER. The BUYER can withdraw this consent at any time.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; he/she will not receive damaged or defective goods/services such as dents, breaks, torn packaging, etc., from the cargo company. The received goods/services will be deemed to be undamaged and intact. The obligation to protect the goods/services with care after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services 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 is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be put on hold until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information he/she provides when becoming a member of the SELLER's website is accurate, and that he/she will immediately, in cash and in full, compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes from the outset to comply with the provisions of legal regulations and not to violate them while using the website owned by the SELLER. Otherwise, all legal and criminal liabilities that may arise will belong entirely and exclusively to the BUYER.
9.14. The BUYER cannot use the website owned by the SELLER in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be provided on the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally responsible for the criminal and legal consequences of this violation, and shall indemnify the SELLER from the legal and criminal consequences of these violations. In addition; in case of this violation, if the event is brought to the legal field, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER; in the case of a distance contract related to the sale of goods, can exercise the right of withdrawal by rejecting the goods without undertaking any legal or criminal liability and without stating any reason, provided that the BUYER notifies the SELLER within 14 (fourteen) days from the date of delivery of the product to himself/herself or to the person/organization at the address indicated by him/her. In distance contracts related to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the right of withdrawal period expires. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he/she has been informed about the right of withdrawal. İmalattan Sümen applies a voluntary return period of 15 (fifteen) days from delivery, which is more favorable than the legal period for standard products that are not personalized. Legal exceptions are reserved for products prepared according to personal wishes and needs.
10.2. To exercise the right of withdrawal, it is mandatory to notify the SELLER in writing by registered mail with return receipt, fax, or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) If the right of withdrawal is exercised properly, the refund and return of the product will be carried out in accordance with the periods and methods specified in the current legislation.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his/her fault. However, the BUYER is not responsible for changes and deterioration caused by the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount organized by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return goods prepared according to the BUYER's wishes or explicit personal needs and which are not suitable for return, such as lower parts of underwear, swimwear and bikini bottoms, make-up products, disposable products, goods that are likely to deteriorate quickly or expire, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER 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 a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the right of withdrawal period expires, according to the Regulation.
For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must not be opened, tried, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on his/her credit card payments, he/she accepts, declares, and undertakes to pay interest within the framework of the credit card agreement with the card-issuing bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the expenses incurred and the attorney's fee from the BUYER, and in any case, if the BUYER defaults on his/her debt, the BUYER accepts, declares, and undertakes to pay the SELLER's loss and damage incurred due to the delayed performance of the debt.
13. AUTHORIZED AUTHORITIES
In consumer disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's place of residence or where the consumer transaction was made are authorized within the monetary limits in force on the application date. Current monetary limits and application procedures are announced by the T.C. Ministry of Commerce.
14. EFFECTIVENESS
The BUYER shall be deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation that this contract has been read and accepted by the BUYER before the order is placed.