DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: Asya Gurme
Address : Merkez Mah. Abide-i Hürriyet Cad. Palazoğlu Sok. Kafoğlu İş Hanı No:2 D:16 Kat:3 Şişli / İstanbul
Telephone : +90 532 061 59 70
E-mail Address : email@example.com
1.2 – PURCHASER
E-mail Address :
ARTICLE 2 – SUBJECT
The subject of herein this contract is to determine the rights and liabilities between the parties for the sales and the delivery of the Product of which the qualifications and sales price are stated below that is ordered by the PURCHASER online via web site (“Site”) under the domain name www.asyagurme.com belonging to the SELLER pursuant to terms of the Law on the Protection of Customers numbered 4077 and the Regulation on the Distance Contracts dated 06.03.2011.
ARTICLE 3 – THE CONTRACT PRODUCT
The type and kinds, quantities, brands/models, color, sales price including all taxes, delivery charges and delivery information are defined below.
|Product Description||Quantity||Price (including VAT)||Price (including VAT)|
Delivery Address :
The Person To Receive the Delivery :
Invoice Address :
Any default interest is not applied by the SELLER due to the fact that the payment shall be done by money order in advance or by credit card.
ARTICLE 4 – GENERAL TERMS
4.1. The PURCHASER undertakes that he approves the sales of the Product electronically and he is well-informed about the basic qualifications, sales price and type of payment and the preliminary information for delivery for the contract product. The PURCHASER is considered that he has correct and complete information about Seller information to be given to the Consumer, basic qualifications of the ordered products, the sales price of the products including the taxes in Turkish Lira, payment and delivery details and he has approved these details by confirming the pre-information electronically before signing the distance contract.
4.2. The contract Product shall be delivered to the PURCHASER or to the person/institution at the address stated by the PURCHASER within the time of delivery explained in the pre-information details stated in the web site depending on the distance of the PURCHASER’s location provided that it shall not exceed 30 days legally. This duration shall be assessed separately for each ordered product.
4.3. The cost of delivery belongs to the PURCHASER. The SELLER will be deemed to have served his duty completely in case that the ordered product cannot be delivered to the PURCHASER due to any problem arising from the PURCHASER during the time of the delivery by the courier company.
4.4. The SELLER is liable to deliver the contract Product in good condition, completely, in compliance with the specifications defined in the order and along with the letter of guarantees and user’s manual if available.
4.5. The SELLER may supply a different product which is of the same quality and price upon the clear approval of the PURCHASER and provided that he informs the PURCHASER before the due time of his execution liability.
4.6. In the event that the SELLER cannot perform the liabilities hereunder this contract when the ordered product or service is unable to be supplied by the SELLER, he shall notify the PURCHASER about this situation before the due time of this execution liability and shall return the total amount to the PURCHASER within 10 days after the notification date.
4.7. Online confirmation of the Pre-information Form is an obligation for the delivery of the product. In the event that the product price is not paid or the payment is canceled in the bank records for any reason, The SELLER will be deemed to have served his duty completely.
4.8. In the event that the bank or the financial institution does not pay the product price to the SELLER due to the fact that the credit card of the PURCHASER is used by unauthorized people illegally or unfairly for the PURCHASER’s any behavior apart from his fault after the product delivery, the PURCHASER has to return the product to the SELLER within 3 days provided that it will have been delivered to himself. In such cases, the cost of shipment belongs to the PURCHASER.
4.9. In the event that the SELLER is unable to deliver the contract product within the determined time due to the extraordinary situations such as force majeure or adverse weather conditions hindering the transportation, transportation break, he is liable to notify the PURCHASER. In this case, the PURCHASER may (i) cancel the order, (ii) replace the contract product by a counterpart if available or (iii) postpone the delivery time till the hindering situation is over. If the PURCHASER cancels the order, the total amount which he had paid is paid to himself within 10 days at once and in cash. In the payments which the PURCHASER used his credit card, the product price is returned within 7 days to after the PURCHASER cancels the order to the bank in concern. After this amount is returned to the bank by the SELLER, that it becomes visible on the accounts of the PURCHASER is completely related to the banking process. The PURCHASER hereby agrees that the SELLER is unable to intervene in the subsequent delays after the product price in concern is returned to the bank and that the bank conducts its process pursuant to its own way for the amount which the SELLER returned to the credit card for the account of the PURCHASER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. The PURCHASER has right to withdraw within 7 (seven) days after having delivered the contract product to himself or the person /institution at directed address by rejecting the product without any legal or penalty responsibility and without any reason in such distance contracts. Any costs due to the using of withdrawal right shall be covered by SELLER.
5.2. The notification about the use of right of withdrawal shall be made to the SELLER within 7 days via certified mail, facsimile or e-mail and the product shall not be used pursuant to the terms of the Article 6. When the right of withdrawal is used, if the invoice of the product to return is corporate, it must be sent along with the sales return invoice which the company has issued. The return of the orders of which the invoices are issued for the companies shall not be completed unless the SALES RETURN INVOICE is issued.
The products to return shall be delivered to the SELLER along with their boxes, packaging, standard accessories if available completely and in good condition.
The SELLER is liable to accept return of the product within 20 days and to return the total amount and the documents which make the PURCHASER indebted within 10 days at the latest after the notification of the withdrawal’s receipt.
In the event that any loss in the value of the product occurs due to any faulty behavior of the PURCHASER or the return becomes improbable, the SELLER is liable to compensate the loss of the SELLER at the rate of the PURCHASER.
ARTICLE 6 – THE PRODUCTS THAT WITHDRAWAL RIGHT DOES NOT APPLY
The WITHDRAWAL RIGHT DOES NOT APPLY for (i) the products which are unable to be returned due to their qualifications, (ii) single-use duplicable software and programs, (iii) the products which spoil quickly or likely to be expired, (iv) the products which are prepared in line with the request and individual needs of the PURCHASER, (v) the other products which are mentioned that withdrawal right does not apply pursuant to the regulation.
The return of the following products depends on that the packaging shall not be opened, torn and the product shall not be used and tried.
All kinds of cosmetic products
All Kinds of Personal Care Products
All Kinds of Software and Programs
DVD, VCD, CD and cassettes
Computer and Stationery Supplies(Toner, cartridge, strip etc.)
Movable Computers and Desktops (unless the product is faulty or defective) shall not be accepted return after original operating system is installed or the computer installation is completed.
ARTICLE 7 – SETTLEMENT OF DISPUTES
For the implementation of this contract, the Turkish Code is effective and Istanbul Arbitration Committee for Consumer and Courts of Consumers shall be authorized till the Ministry of Science, Industry and Technology announces.
The PURCHASER may apply to the Istanbul arbitration committee for consumer or courts of consumer within the monetary limitations defined by the T.R. Ministry of Science, Industry and Technology (“Ministry”) for his complaints and rejections.
Monetary limitations are defined by the Ministry annually in December, the complaints and rejections shall be made in accordance with these monetary limitations to the Arbitration Committee or Court for Consumer in concern.
Herein this contract is made for commercial purposes.