Sample Distance Sales Agreement
1.PARTIES
İŞBU Agreement has been signed between the parties below within the framework of the provisions and conditions specified below.
A.‘BUYER’; (hereinafter referred to as the “BUYER” in this agreement)
B.‘SELLER’; (hereinafter referred to as the “SELLER” in this agreement)
NAME- SURNAME:
ADDRESS:
By accepting İŞBU agreement, the BUYER agrees to be obliged to pay the price of the order and any additional fees such as shipping costs and taxes, if applicable, upon confirming the order. The BUYER acknowledges that they have been informed of this obligation in advance.
2.DEFINITIONS
In the implementation and interpretation of İŞBU agreement, the terms written below shall refer to the explanations provided next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: The Regulation on Distance Contracts (RG: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods, carried out or promised in exchange for a fee or benefit,
SELLER: The company that provides goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or for the account of such a company,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for purposes other than commercial or professional ones,
SITE: The internet site owned by the SELLER,
ORDERER: The individual or legal entity who requests a product or service through the SELLER’s internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement made between the SELLER and the BUYER,
GOODS: Refers to movable items subject to purchase and intangible assets such as software, audio, video, and similar digital content prepared for use in electronic environments.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts concerning the sale and delivery of the product, which is described below with its characteristics and sale price, ordered electronically by the PURCHASER through the SELLER’s website.
The listed and advertised prices on the site are the sale prices. The advertised prices and promises remain valid until updated or changed. Prices advertised for a specified period are valid until the end of that period.
4. SELLER INFORMATION
Title: ELİTE NATUREL ORGANİK GIDA SANAYİ VE TİCARET
ANONİM ŞİRKETİ
Address : MUSTAFA KEMAL MAH/SEMT 2159 CAD. DURU APT. NO: 6
İÇ KAPI NO: 8 ÇANKAYA/ ANKARA
Phone : 0312 640 11 53
E-Mail : support@elitenaturel.com
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERER INFORMATION:
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT
7.1. The basic features of the goods/products/services (type, quantity, brand/model, color, and quantity) 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. The offer is valid until the campaign date.
7.2. The listed and advertised prices on the site are the selling prices. The advertised prices and promises are valid until updated or changed. Prices advertised for a specific period are valid until the end of the specified period.
7.3. The total selling price of the goods or services under this agreement, including all taxes, is shown below:
Product Description
Quantity
Unit Price
Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the expense for product delivery, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics, sale price, and payment method of the product subject to the contract, as well as the preliminary information regarding delivery, provided on the SELLER’s website. The BUYER also acknowledges, declares, and undertakes that they have electronically confirmed the Preliminary Information, and that they have received accurate and complete details regarding the address to be provided by the SELLER, the basic features of the ordered products, the total price including taxes, and payment and delivery information before the distance sales contract is concluded.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization specified by the BUYER at the address indicated, within the period specified in the preliminary information on the website, not exceeding the 30-day legal period, depending on the distance of the BUYER’s residence. If the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the specifications indicated in the order, and with any applicable warranty certificates, user manuals, and necessary information and documents. The Seller commits to performing the work in accordance with legal regulations, free from any defects, and in compliance with standards, adhering to the principles of accuracy and integrity. The Seller also agrees to maintain and enhance service quality, exercise necessary care and diligence during the execution of the work, and act with caution and foresight.
9.4. The SELLER may, before the expiration of the performance obligation under the contract, inform the BUYER and obtain explicit approval to provide a different product of equal quality and price.
9.5. If the SELLER is unable to fulfill its obligations under the contract due to the impossibility of delivering the ordered product or service, the SELLER agrees, represents, and undertakes to notify the consumer in writing within 3 days from the date it becomes aware of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees, represents, and undertakes to electronically confirm this Contract for the delivery of the product in question. In the event that the payment for the product is not made or is canceled in the bank records for any reason, the SELLER’s obligation to deliver the product under the contract will cease.
9.7. The BUYER agrees, represents, and undertakes that if the payment for the product in question is not made to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER’s credit card after the delivery of the product to the BUYER or the person or organization designated by the BUYER, the BUYER will return the product to the SELLER within 3 days at the SELLER’s expense.
9.8.SELLER agrees, represents, and undertakes that if they are unable to deliver the product within the specified time due to force majeure events such as unforeseen situations beyond the parties’ control that hinder or delay the fulfillment of their obligations, they will notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or the postponement of the delivery until the obstacle is removed.
In case of order cancellation by the BUYER, the amount paid in cash will be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER acknowledges, represents, and undertakes that the process for the credit card refund by the SELLER to the bank may take 2 to 3 weeks on average, and any delays in the reflection of this amount into the BUYER’s account are entirely related to the bank’s processing time. Therefore, the BUYER cannot hold the SELLER responsible for any potential delays.
9.9. SELLER has the right to contact the BUYER through letters, emails, SMS, phone calls, and other means via the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the site registration form or updated later. This is for communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above-mentioned communication activities with them.
9.10. BUYER will inspect the goods/services before receiving them; they will not accept any damaged or defective goods/services from the courier company if they are dented, broken, with torn packaging, etc. The goods/services accepted will be deemed to be undamaged and intact. After delivery, the responsibility for carefully protecting the goods/services lies with 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 holder of the credit card used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER to provide the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the credit card holder’s bank confirming that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents. If these requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate and that they will immediately and fully compensate for all damages that the SELLER may incur due to the inaccuracy of this information, upon the SELLER’s initial notice.
9.13. BUYER agrees and undertakes from the outset to comply with and not violate the legal provisions while using the SELLER’s website. Otherwise, all resulting legal and criminal liabilities will be entirely and exclusively binding on the BUYER.
9.14. BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, or is for an illegal purpose, or infringes upon the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services, such as spam, viruses, trojans, etc.
9.15. Links to other websites and/or content that are controlled by third parties or operated by others, which are not under the control of the SELLER, may be provided through the SELLER’s website. These links are placed for the convenience of the BUYER and do not imply any endorsement of the linked website or its operators. Furthermore, the SELLER does not provide any guarantees regarding the information contained on the linked websites.
9.16. Any member who violates one or more provisions of İŞBU agreement shall be personally liable for such violation, and shall hold the SELLER harmless from any legal and penal consequences resulting from these violations. Additionally, if the matter is brought to the legal arena due to such violations, the SELLER retains the right to claim compensation from the member for the breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the contract without assuming any legal or penal liability and without providing any reason, by rejecting the goods within 14 (fourteen) days from the delivery date of the product to the BUYER or to the person/organization designated by the BUYER, provided that the SELLER is notified.In the case of distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used for service contracts where the performance of the service has commenced with the consumer’s consent before the withdrawal period expires. Any costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges having been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the SELLER must be notified in writing by registered mail with return receipt, fax, or email within 14 (fourteen) days. The product must also be unused in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Used” outlined in this contract. In the case of exercising this right,
a) The invoice for the product delivered to a third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns of orders invoiced to institutions will not 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 any standard accessories, if applicable.
d) The SELLER is obliged to refund the total amount and any documents that put the BUYER under obligation within 10 days from the receipt of the cancellation notice and to collect the returned goods within 20 days.
e) If there is a reduction in the value of the goods or if the return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for any changes or damages occurring due to proper use of the goods or products within the cancellation period.
f)If the exercise of the right of withdrawal causes the BUYER to fall below the campaign limit amount set by the SELLER, the discount amount obtained within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared according to the BUYER’s request or clearly tailored to their personal needs and which cannot be returned, such as innerwear, swimwear and bikini bottoms, cosmetics, disposable items, products that are at risk of rapid spoilage or have a risk of passing their expiry date, products that are unsuitable for return for health and hygiene reasons if their packaging is opened by the BUYER, products mixed with other items after delivery and that cannot be separated due to their nature, periodicals like newspapers and magazines (except those provided under subscription agreements), electronic services performed instantly or intangible goods delivered immediately to the consumer, and recordings of sound or images, books, digital content, software programs, data storage devices, computer consumables where the packaging has been opened by the BUYER, cannot be returned as per the Regulation. Additionally, the right of withdrawal cannot be used for services started with the consumer’s approval before the end of the withdrawal period as per the Regulation.
For cosmetics and personal care products, innerwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (such as toner, cartridges, ribbons, etc.), the packaging must remain unopened, unused, and untested for the return to be possible.
12. DEFAUULT SITUATION AND LEGAL CONSEQUENCES
If the BUYER falls into default while making payments with a credit card, the BUYER agrees, declares, and undertakes to pay interest according to 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 measures; it can claim any arising expenses and attorney fees from the BUYER. In all circumstances, if the BUYER defaults due to the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.
13. JURISDICTION
In disputes arising from İŞBU agreement, complaints and objections shall be addressed to the consumer arbitration committee or the consumer court located in the consumer’s place of residence or the place where the consumer transaction was made, within the monetary limits specified in the relevant law. Information on the monetary limit is provided below:
Effective from January 1, 2017, for the year 2017, the value for applications to consumer arbitration committees is:
a) For disputes with a value below 2,400 (two thousand four hundred) Turkish Liras, district consumer arbitration committees,
b) In metropolitan municipalities, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
c) In the central districts of provinces that are not metropolitan municipalities, for disputes below 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
ç) In the districts of provinces that are not metropolitan municipalities, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees are authorized.
İŞBU Agreement is made for commercial purposes.
14. EFFECTIVENESS
BUYER shall be deemed to have accepted all terms of this agreement when making the payment for the order placed through the Site. SELLER is responsible for making the necessary software adjustments to ensure that confirmation is obtained from BUYER indicating that this agreement has been read and accepted by BUYER before the order is completed.
SELLER: ELİTE NATUREL ORGANİK GIDA SANAYİ VE TİCARET
ANONİM ŞİRKETİ
BUYER:
DATE: