Distance Selling Agreement
SAMPLE. PLEASE ADJUST TO SUIT YOUR SITE BEFORE USING
- PARTIES
This Agreement has been signed under the terms and conditions stated below by the following parties:
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this contract, the BUYER agrees and declares in advance that if the BUYER confirms the order subject to the contract, they will be obligated to pay the price of the order and any additional fees, such as shipping fees and taxes, and have been informed about this obligation.
- DEFINITIONS
The terms written below will represent the following explanations in the implementation and interpretation of this contract:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: All kinds of consumer transactions other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf of or for the account of the supplier of goods,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for purposes not related to commercial or professional activities,
SITE: The website belonging to the SELLER,
ORDER PLACER: The real or legal person requesting a good or service via the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOOD: Movable items subject to shopping and software, sound, images, and similar intangible goods prepared for use in electronic environment.
- SUBJECT
This Contract regulates the rights and obligations of the parties concerning the sale and delivery of the product specified below, which the BUYER has ordered electronically from the SELLER's website, in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The listed and advertised prices on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the specified date.
- SELLER INFORMATION
Title:
Address:
Phone:
Fax:
Email:
- BUYER INFORMATION
Person to be Delivered:
Delivery Address:
Phone:
Fax:
Email/username:
- PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT INFORMATION
6.1. The basic characteristics of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. You can review the basic characteristics of the product during the campaign period if the campaign is organized by the SELLER. Valid until the campaign date.
6.2. The listed and advertised prices on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the specified date.
6.3. The total selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost, which is the product shipment cost, will be paid by the BUYER.
- BILLING INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
Invoice delivery: The invoice will be delivered to the billing address together with the order during the delivery of the order.
- SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND RULES RELATED TO INTELLECTUAL-INDUSTRIAL RIGHTS
The protection, confidentiality, processing-use of information, and communications on the INTERNET SITE, along with other issues, are subject to the privacy rules-policy and conditions specified below.
8.1. Necessary measures have been taken within the system infrastructure of the SELLER to ensure the security of the information and transactions entered by the BUYER on the INTERNET SITE, in accordance with the current technical possibilities based on the nature of the information and transaction. However, since these details are entered from the BUYER's device, the responsibility for protecting them and preventing unauthorized access, including measures against viruses and similar harmful applications, lies with the BUYER.
8.2. Besides and in confirmation of the personal data and commercial electronic communication consents given by the BUYER in other ways; during the membership to the INTERNET SITE and purchases, the BUYER agrees and consents to the collection, storage, sharing, transfer, and processing of the information by the SELLER for the provision of various products/services, and for all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and electronic and other commercial-social communications indefinitely or for the period determined by the specified entities and their successors. These data may also be shared with the relevant authorities and courts when required by law. The BUYER consents to the use, sharing, processing, and communication of their existing and new information, personal data in accordance with the legislation on the protection of personal data and electronic commerce.
8.3. The BUYER can always stop the data use-processing and/or communications by contacting the SELLER through the specified communication channels or by exercising the right to refuse from the electronic communications sent to them. According to the explicit notification of the BUYER, personal data processing and/or communications are stopped within the legal maximum period; and if desired, the information, excluding those that are legally required to be kept and/or possible to be kept, is deleted or anonymized from the data recording system. The BUYER can always apply and obtain information on the processing of personal data, the transfer of data to third parties, correction of incomplete or incorrect information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them arising from the analysis of the data by automatic systems, and compensation in case of damage due to unlawful processing of data by contacting the SELLER through the specified communication channels. These requests and applications will be fulfilled within the legal maximum periods or the legal reason for non-acceptance will be explained to the BUYER.
8.4. All kinds of information and content on the INTERNET SITE and their arrangement, revision, and partial/complete use are subject to the intellectual-industrial rights and ownership rights of the SELLER, except for those belonging to third parties as per the SELLER's agreement.
8.5. The SELLER reserves the right to make any changes it deems necessary on these matters; such changes become effective upon their announcement by the SELLER on the INTERNET SITE or by other appropriate methods.
8.6. The privacy-security policies and terms of use of other sites accessed through the INTERNET SITE apply, and the SELLER is not responsible for any disputes or negative consequences that may arise from them.
- GENERAL PROVISIONS
9.1. The BUYER agrees, declares, and undertakes that they have read, been informed about, and confirmed the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website in electronic environment. The BUYER declares and undertakes that they have received the necessary information correctly and completely before the establishment of the distance sales contract, including the address given by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER's settlement, not exceeding the legal period of 30 days. In case 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 subject to the contract in full, in accordance with the specifications stated in the order, and with the required information and documents such as warranty certificates, user manuals, and to perform the work within the principles of integrity and honesty, free from any defects, and in accordance with the legal regulations, maintaining and enhancing service quality, showing due care and diligence during the performance of the work, and acting with caution and foresight.
9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the fulfillment period of the contractual obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in the event that the delivery of the ordered product or service becomes impossible, the SELLER accepts, declares, and undertakes that they will notify the consumer in writing within 3 days from the date of learning about this situation and return the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if for any reason the product price is not paid or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will terminate.
9.7. In case the credit card of the BUYER is used unfairly by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated by the BUYER, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days at the BUYER's expense.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER in case the product cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen and preventing circumstances that develop outside the will of the parties, and to return the total amount to the BUYER within 14 days if the BUYER wishes to cancel the order, to replace the product with a similar product, or to delay the delivery period until the preventing situation is removed. The BUYER can make one of these choices upon the SELLER's notification.
9.9. In the case of credit card payments, the BUYER accepts, declares, and undertakes that they will not request a refund directly from the bank for the amounts paid without applying to the SELLER in the event that they use their right of withdrawal or the product cannot be delivered due to force majeure, and that a refund will be made through the SELLER's system. In such a case, the SELLER will refund the total amount directly to the BUYER's credit card account, provided that the conditions stated in the contract are met.
- RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 days from the delivery of the product to themselves or the person/organization at the address they have indicated without giving any reason and without paying any penalty.
10.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or email within 14 days. In exercising the right of withdrawal, the product must not be used, and it must be delivered together with the invoice, delivery note, and the box, packaging, and standard accessories of the product, if any, complete and undamaged. Within 14 days of receiving this notice, the SELLER will refund the total price to the BUYER, including any delivery costs incurred by the SELLER to send the product to the BUYER. The BUYER must cover the return costs themselves.
10.3. Products for which the right of withdrawal cannot be exercised include goods produced in accordance with the special requests and demands of the BUYER or personalized, perishable or expired goods, and goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and cannot be returned due to health and hygiene reasons.
- DISPUTE RESOLUTION
For any disputes arising from this Contract, the Consumer Arbitration Committees and the Consumer Courts at the BUYER's or SELLER's residence address are authorized within the monetary limits specified by the Ministry of Customs and Trade.
- MISCELLANEOUS PROVISIONS
12.1. The BUYER accepts, declares, and undertakes that they have read all the conditions and explanations written in this Contract and the Order Form, which are integral parts of this contract, and have received, reviewed, and confirmed all other information required for the sale of the product subject to this contract accurately and completely, including but not limited to the basic characteristics of the product, sales price, payment method, delivery conditions, and terms.
12.2. The BUYER accepts, declares, and undertakes that they are aware that this contract will become binding with their acceptance and electronic confirmation. The BUYER's electronic confirmation of this Contract will mean that they have fully accepted the terms and obligations arising from this contract.
12.3. The BUYER can contact the SELLER with the communication channels stated above for any kind of complaints.
- NOTICES AND EVIDENTIAL CONTRACT
In any disputes arising from this Contract, the SELLER’s records (including records in magnetic media such as computer-audio records) are considered conclusive evidence. The parties have agreed, within the limits of the law, to submit to the evidential contract terms and the authorized Consumer Arbitration Committees and Consumer Courts mentioned above in resolving any disputes.
- ENTRY INTO FORCE
This Contract, consisting of 14 (fourteen) articles, is read, understood, and confirmed by the parties on DATE. It enters into force on the BUYER's electronic confirmation.
BUYER: Name/Surname/Title:
Date:
SELLER: Name/Surname/Title:
Date: