Distance Sales Contract
ARTICLE 1 – PARTIES
Trade Title : Zahide Özcan
Address : Zekeriyaköy Mah. Dörtyonca Sk. No:4 B 5 SARIYER/ İSTANBUL Telephone : 90 533 354 23 68
E-mail : firstname.lastname@example.org
Name Surname :
ARTICLE 2- CONTRACT SUBJECT and SCOPE
This Distance Sales Contract (“Contract”) is organized in conformity to the Law on Consumer Protection and the Regulation on Distance Contracts. The parties to this Contract accept and declare that they know and understand their liabilities and responsibilities under this Contract due to the Law on Consumer Protection and the Regulation on Distance Contracts. The subject of this contract consists of determination of the rights and liabilities of the parities in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts related to the sales and delivery of the goods/services with the qualities indicated in the contract that are ordered online for the Buyer to purchase the products of the Seller over withlove.online or other domain names (“Website”) depending on the provided service that belong to Zahide Özcan.
The signing of this contract shall not prevent the performance of provisions of the website membership contracts signed separately by the parties with Zahide Özcan and parties accept and declare that Zahide Özcan is not a party to the products sales subject to this Contract in any way and has no liabilities or commitments related to the parties fulfilling their liabilities under the Contract.
ARTICLE 3 – BASIC QUALITIES AND PRICE OF THE GOOD SUBJECT TO CONTRACT
The type and form, amount, brand/model, color and sales price including taxes of the product(s) are as follows:
Payment Method and Plan: Over online virtual POS application, with ……. Bank credit card ….. months …… (in words ……………..) TL monthly payment/in lump sum ……. TL payment
Interest Charge Issued: …….
Interest rate used in Interest Charge calculation: …. %
The shipments shall start within 3 days following the order. Shipment shall be completed in (7) workdays. Delivery Address:
ARTICLE 4 – DELIVERY OF THE GOODS AND DELIVERY METHOD
The Contract comes into force when it is approved by the Buyer and it is completed by the delivery to the Buyer of the Goods/Services the Buyer purchased from the Seller. Goods/services shall be delivered to the person(s) present at the address the Buyer indicates in the order form and this contract.
ARTICLE 5 – DELIVERY COSTS AND COMPLETION
The delivery costs of the Goods/Services shall belong to the Buyer. If Seller has declared on the website that the delivery fees shall be met by the Seller, the delivery costs shall belong to the Seller. Delivery of the good is performed in the committed period after the stock of the Seller is available and the payment is realized. The Seller delivers the Goods/Services within 30 (thirty) days after the Buyer places an order for the Goods/Services and reserves an additional 10 (ten) day period extension right with a written notification in this period. For any reason the price of the Goods/Services is not paid by the Buyer or the conducted payment is cancelled on the bank records, the Seller is deemed to be freed off the delivery responsibility for the Goods/Services.
ARTICLE 6 – DECLARATION AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she read the briefing on the website, containing the basic qualities, sales price and the payment method and regarding the delivery of the product subject to contract on the website, loaded by the Seller and is informed and gives confirmation on electronic medium. The Buyers can deliver their complaints and requests under the name of Consumers through the channels the Seller communication information above provides.
The Buyer, by approving this Contract and Briefing Form on electronic media, confirms that he/she has acquired correctly and in full the information on the address, basic properties of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the consumer by the Seller before the distance contract signing.
The Buyer shall inspect the Goods/Services subject to Contract before accepting the delivery, if the buyer accepts the delivery of the Goods/Services that are damaged or defective as broken or with damaged packaging etc. from the cargo company then all the responsibility belongs to the Buyer. After the delivery of the Goods/Services, in case that the related bank or finance institution does not pay the price of the Goods/Services to the Seller due to unjust or illegal use of the credit card of the Buyer by the unauthorized persons because of the fault of the Buyer, then the Buyer is responsible to return the Goods/Services to the Seller within 3 (days) provided that they are deliver to the Buyer. In this case the delivery costs belong to the Buyer.
ARTICLE 7 – DECLARATION AND COMMITMENTS OF THE SELLER
The Seller is responsible to deliver the Goods/Services subject to Contract to the Buyer conforming to the Consumer Legislation, in good condition and in full, proper to the qualities indicated on the order and with warranty documents and user guides, if any. If the Seller cannot deliver the product subject to contract in due time due to extraordinary conditions preventing shipment or force majeure, it is responsible to inform the condition to the Buyer as soon as possible. If the Goods/Services subject to Contract shall be delivered to someone else than the Buyer, the Seller cannot be hold responsible for the person to be delivered not accepting the delivery.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Seller commits that the Buyer has the right of withdrawal from the contract via revoking the good or service within 7 (seven) days after the date of the contract is signed or the date of delivery without baring any legal or penal liability and without any justification and after the withdrawal notification is received by the Seller, the Seller shall receive back the good. Right of withdrawal notification and other notifications related to the contract can be send by through the channels of communication of the seller indicated above. AS DP IS NOT A PARTY FOR THIS DISTANCE SALES CONTRACT, RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST OR PRICE RETURN CANNOT BE DEMANDED FROM DP. For the right of withdrawal to be used, it is mandatory that the Seller is informed in accordance with the legislation provisions in this period. In case the right of withdrawal is used: a) The product that is delivered to the Buyer or to the third person indicated by the Buyer with the information above should be returned; b) The products to be returned should be delivered in full and without damage with their box, package, standard accessories, if any, and together with the other products gifted within a period of 7 (days). Within 10 (ten) days after the use of the right of withdrawal and the delivery of the information, the product price is returned to the Buyer in the method Buyer paid. While the product is returned to the Seller, the original invoice presented to the Buyer during the product delivery should also be returned. The return cargo fee and all related taxes if any, belongs to the buyer. The return section of the invoice to be returned with the product shall be filled and the Buyer shall sign it and return.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITDRAWAL CANNOT BE USED
Right of withdrawal cannot be used in the cases below: a. The contracts on services started to be performed with the approval of the consumer before the right of withdrawal term is ended.
b. contracts on goods or services of which the prices are determined by the stock market or other organized markets
c. Contracts on the delivery of the goods prepared in line with the requests or personal needs of the consumer, that can be rapidly disrupted or expire and not proper for return due to their nature.
ARTICLE 10 – RESOLUTION OF THE DISPUTES
Consumers, if they have problems with the Seller, in case the Seller cannot resolve, can make their related complaints and demurrals, in transactions with product price up to 1,161.67 TL, to the Consumer Problems Arbitration Board at their place of residence or at the location where they purchased the product; in transactions with product price over 1,161.67 TL, to Consumer court at their place of residence or at the location where they purchased the product.
In the Consumer Problems Arbitration Board Regulation issued in the Official Gazette no. 25186 and date 01/08/2033, article 5 paragraph 3, the lower monetary limit for the province arbitration boards active in the provinces with metropolitan status regarding their duty and authority for dealing with the disputes is 3,032.65 TL.
ARTICLE 11 – PRICES OF GOODS
Advance or forward price, down payment of the goods/services are given in the order form however it is the price given in the invoice sent to the customer together with the product and in the sample invoice mailed at the end of the order. The discounts made, coupons and others given by the Seller or Zahide Özcan are reflected on the sales price.
ARTICLE 12 – DEFAULT CONDITION AND LEGAL CONSEQUENCES
If the Buyer lapse into default in the transactions made by credit card, the cart owner shall pay interest in the scope of the credit card contract made with the bank and shall be responsible against the bank. Regarding this condition the bank can apply to legal action; can claim the incurring costs and attorney fees from the Buyer and in any case that the Buyer lapses into default due to debt, the Buyer accepts to pay the damage and loss of the Seller due to the late payment of the debt. ARTICLE 13 – NOTIFICATIONS and EVIDENTIAL CONTRACT
All the correspondences under this Contract between the Parties, except the mandatory situations listed in the Law, shall be made via e-mail. The Buyer accepts, declares and commits that in the disputes arising from this Contract, the official book and trade logs of the Seller and Zahide Özcan, and the electronic information the Buyer keeps in his/her database, servers and computer logs shall consist binding, final and sole evidences and this article is in quality of an evidential contract under the Civil Procedure Law article 193.
ARTICLE 14 – VALIDITY
This Contract consisting of 13 (thirteen) Articles is read by the Parties and signed via being approved by the Buyer online and entered into force immediately.