distance selling contract
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions specified below.
BUYER'; (hereinafter referred to as "BUYER" in the agreement)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the agreement)
BUYER, by accepting this agreement, said that if he approves the order subject to the agreement, he will be obliged to pay the order price and additional fees such as shipping fee and tax, if any, and that he was informed about this.
2. DEFINITIONS In the application and interpretation of this agreement, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade MINISTER: Ministry of Customs and Trade LAW: Law No. 6502 on the Protection of Consumers, REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) SERVICE: Subject of all kinds of consumer transactions other than this SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of a supplier, BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, SITE: The SELLER's website, ORDERING PERSON: A natural or legal person who requests a good or service through the website, SELLER'S, PARTIES: SELLER and BUYER, CONTRACT: This contract concluded between SELLER and BUYER, GOODS: Movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
3. SUBJECT This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, its qualities and sales price, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The following are the items that the BUYER orders electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: ACT ISTANBUL / ELİF MURTEZA
Address: Konaklar Mah. Şebboy Sk. Otoyolcular Sitesi 4.Blok No:12 A Beşiktaş/İstanbul
Phone: +90536993697
E-Mail: info@actistanbul.co
5. CUSTOMER INFORMATION {RECIPIENT_FULL_NAME_TITLE} {RECIPIENT_ADDRESS} {RECIPIENT_PHONE} {RECIPIENT_EMAIL}
6. ORDERING PERSON INFORMATION
{RECIPIENT_FULL_NAME_TITLE} {RECIPIENT_ADDRESS} {RECIPIENT_PHONE} {RECIPIENT_EMAIL}
7. PRODUCT/PRODUCT INFORMATION FOR THE CONTRACT
7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Products/Services are published on the SELLER's website. If the campaign is organized by the seller, 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 the sales price. The announced prices and promises are valid until they are updated and changed. Prices announced for a certain period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
PRODUCT NAME QUANTITY VAT INCLUDED SALE PRICE {PRODUCTS}
Total Product Cost Excluding Shipping: {CARGO_EXCLUDED_PARIS_TUTARY}
Shipping Fee: {CARGO_FEED}
Total Order Price: {CARGO_DAHIL_PARIS_TUTARY}
Order Date: {DAY_DATE}
Payment Method and Plan: {PAYMENT_METHOD}
7.4. The shipping fee, which is the shipping fee of the product, will be paid by the SELLER.
8. INVOICE INFORMATION
Delivery Address: {RECIPIENT_ADDRESS}
Delivery Person: {INVOICE_FULL_NAME_TITLE}
Invoice Address: {INVOICE_ADDRESS}
9. GENERAL PROVISIONS
9.1. BUYER accepts, declares and undertakes that he/she has read and is informed about the basic features, sales price, payment method and delivery of the contractual product on the SELLER's website and has given the necessary confirmation. electronic environment. BUYER; accepts, declares and undertakes that he/she has received the basic features and price of the ordered products by confirming the Preliminary Information electronically, the address that the SELLER will give to the BUYER before the establishment of the distance sales contract. including taxes, payment and delivery information, correct and complete. . 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 of the website, depending on the distance from the BUYER's residence. It cannot exceed the legal period of 30 days. BUYER reserves the right to terminate the contract in the event that the product cannot be delivered to the BUYER within this period. 9.3. SELLER undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and with the warranty documents, user manuals, and the information and documents required by the job, if any, and to perform the job in accordance with the procedure. It accepts, declares and undertakes to maintain and increase the service quality in accordance with the standards, in accordance with the standards, free from all kinds of defects, to show the necessary care and attention during the performance of the job, to act prudently. and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract. 9.5. SELLER accepts, declares and undertakes that if the fulfillment of the product or service subject to the order becomes impossible, it will inform the consumer in writing within 3 days from the date it learns of this situation and return the total price to the BUYER within the latest period. 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is canceled in the bank records, the BUYER will confirm this Agreement electronically. The SELLER's obligation to deliver the contractual product ends.
9.7. After the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the contractual bank or financial institution will not pay the SELLER due to the unfair use of the BUYER's credit card by unauthorized persons. It accepts, declares and undertakes that it will return the contractual product to the SELLER within 3 days, with the expenses to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the contractual product cannot be delivered on time due to force majeure reasons that develop beyond the will of the parties, are unforeseen and unavoidable and/or delay the fulfillment of the parties' obligations. The BUYER also has the right to request the SELLER to cancel the order, replace the contractual product with a similar one if any, and/or postpone the delivery period until the obstacle is eliminated. In the event that the order is canceled by the BUYER, the product amount will be paid to the BUYER in cash and in full within 14 days in payments made by the BUYER in cash. In payments made by the BUYER with a credit card, the product amount will be returned to the relevant bank within 14 days from the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the amount returned to the credit card by the SELLER will not be held responsible by the bank.
9.9. SELLER has the right to reach BUYER for communication, marketing, notification and other purposes through the address, e-mail address, landline and mobile phone lines and other communication information specified by BUYER in the registration form on the site or updated by SELLER later, via letter, e-mail, SMS, phone call and other means. BUYER accepts and declares that SELLER may engage in the communication activities specified above by accepting this contract.
9.10. BUYER will inspect the goods/services subject to the contract before receiving them; damaged and defective goods/services such as crushed, broken, torn packaging etc. will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The responsibility for the careful protection of the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice should 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 breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide their identity and contact information. The previous month's statement of the credit card used by the credit card holder in the order. or the BUYER may request a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the above-mentioned demands are not met within 24 hours, the SELLER has the right to cancel the order. 9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is correct, and that the SELLER will immediately compensate any damages arising from the inaccuracy of this information upon the SELLER's first notification. cash and in full. 9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities that may arise will be completely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that will disrupt public order, be against general morality, disturb and harass others, for an illegal purpose, or violate the material and moral rights of others. In addition, the member may not take part in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are provided for the purpose of facilitating referral to the BUYER, and do not support any website or the person operating that website, and do not constitute any guarantee for the information on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement will be personally and criminally responsible for this violation and will hold the SELLER harmless from the legal and penal consequences of these violations. In addition; In the event that the incident is brought to the law due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; If the distance contract is related to the sale of goods, the SELLER shall use the right to reject the goods and withdraw from the contract without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated. In 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 in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he/she has been informed about the right of withdrawal by accepting this contract. 10.2. In order to exercise the right of withdrawal, it is required that the SELLER be notified by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used under the "Terms of Use". The right of withdrawal cannot be used" is regulated in this contract. In case of use of this right;
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 together with the return invoice issued by the institution when returning it. Transactions arranged on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged, together with their boxes, packaging and standard accessories, if any.
d) SELLER is obliged to return the total price and the documents that put BUYER in debt to BUYER within 10 days at the latest from the date of receipt of the withdrawal notice, and the goods within 20 days.
e) If the value of the goods decreases due to BUYER's fault or if return becomes impossible, BUYER is obliged to compensate SELLER's damages to the extent of his/her fault. However, BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products during the withdrawal right period.
f) If the campaign limit determined by SELLER is dropped due to the use of the withdrawal right, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, products that are prepared according to the BUYER's request or clearly in line with their personal needs and are not suitable for return, are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if their packaging has been opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, Goods related to periodical publications such as newspapers and magazines. Magazines other than those provided within the scope of the subscription agreement, Instant performance in electronic environment, It is not possible to return services provided in accordance with the Regulation or intangible goods delivered to the consumer, sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if the packaging has been opened by the BUYER. In addition, it is not possible to use the right of withdrawal regarding services initiated with the consumer's approval before the right of withdrawal period expires, as required by the Regulation.
12. POSTPONEMENT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that if payment transactions are made by credit card, in case of default, it will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may initiate legal proceedings; may demand the expenses and attorney fees that will arise from the BUYER and in any case, in case the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes to pay the damages and losses incurred by the SELLER. delayed performance of the debt
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place where the consumer's residence or consumer transaction is made shall be made to the arbitration board or consumer court within the monetary limits specified in the following law. Information regarding the monetary limit is as follows:
As of 01/01/2017, the value of applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred ten) Turkish Lira in the centers of provinces that are not metropolitan status,
ç) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in districts of provinces that are not metropolitan status have been assigned.
This Agreement has been made for commercial purposes.
14. EFFECTIVENESS
BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. SELLER is obliged to make the necessary software arrangements to confirm that this agreement has been read and accepted by BUYER on the site before the order is placed.
SELLER: ACT ISTANBUL / ELİF MURTEZA
BUYER: {RECIPIENT_FULL_NAME_TITLE}
DATE: {DAY_DATE}
CONFIRMATION TIME: {DAY_DATE}