Distance Sales Agreement
**SAMPLE. PLEASE ADJUST SUITABLY TO YOUR OWN SITE BEFORE USE**
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the agreement)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the agreement)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that upon approving the order subject to this agreement, they undertake the obligation to pay the order price and any additional fees such as shipping and taxes, and acknowledges being informed about this in advance.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will bear the meanings expressed in the explanations beside them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: Any kind of consumer transaction performed or committed to be performed for a fee or benefit other than the delivery of goods,
SELLER: The company presenting goods to the consumer within the scope of commercial or professional activities or acting on behalf or account of such company,
BUYER: A natural or legal person acquiring, using or benefiting from a good or service for purposes other than commercial or professional,
SITE: The internet site owned by the SELLER,
ORDERER: The natural or legal person requesting a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to shopping and intangible goods such as software, sound, image, and similar items prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product with the qualities and sales price specified below, which the BUYER ordered electronically through the SELLER's internet site, pursuant to the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Time-limited prices are valid until the specified period ends.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. DETAILS OF THE PRODUCT(S) SUBJECT TO THE AGREEMENT
6.1. The basic features of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s internet site. If a campaign is organized by the seller, you can review the basic features of the related product during the campaign period. Valid until the campaign date.
6.2. The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Time-limited prices are valid until the specified period ends.
6.3. The total sales price of the goods or services subject to the agreement including all taxes is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost for product delivery will be paid by the BUYER.
7. 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 upon order delivery.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-PROPERTY RIGHTS
The privacy rules-policy and terms outlined below apply regarding the protection, confidentiality, processing-use of information and communications on the INTERNET SITE.
8.1. Necessary security measures for the safety of information and transactions entered by the BUYER on the INTERNET SITE have been taken within the technical means available today according to the nature of the information and transaction in the system infrastructure on the SELLER’s side. However, since the mentioned information is entered from the BUYER’s device, it is the BUYER’s responsibility to protect them from unauthorized access by unrelated persons and to take necessary precautions against viruses and similar harmful applications.
8.2. In addition to the permissions-approvals given by the BUYER regarding personal data and commercial electronic communications and affirmatively; the information acquired during the BUYER’s membership and shopping on the INTERNET SITE may be recorded unlimitedly or for a foreseeable duration by the SELLER for electronic and other commercial-social communications for supply of various products/services, information, advertising-promotion, communication, sales, marketing, store card, credit card and membership applications, may be stored in printed/magnetic archives, updated when necessary, shared, transferred, used, and processed in other ways. These data may also be forwarded to relevant Authorities and Courts as required by law. The BUYER consents and permits the use, sharing, processing of current and new personal or non-personal information in accordance with personal data protection legislation and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.
8.3. The BUYER can always stop data usage-processing and/or communications by contacting the SELLER through the indicated communication channels or lawfully exercising the right of rejection via electronic communications sent to them. Upon the BUYER’s clear request, personal data processing and/or communications will be stopped within the legal maximum period; if desired, data except legally required or possible to keep will be deleted from records or anonymized. The BUYER can also apply to the SELLER regarding processing of personal data, recipients, correction of wrong or incomplete data, notification of corrected data to relevant third parties, deletion, destruction, objection to automatic analysis results, and compensation for damages due to unlawful data processing. These requests will be handled within legal maximum periods or declined with legal justification.
8.4. All intellectual and proprietary rights relating to the information and content belonging to the INTERNET SITE, except those belonging to third parties by agreement, belong to the SELLER.
8.5. The SELLER reserves the right to make any changes deemed necessary on the above subjects; these changes become effective when announced by the SELLER on the INTERNET SITE or by other proper methods.
8.6. Privacy-security policies and terms of use of other sites accessed from the INTERNET SITE apply and the SELLER is not responsible for disputes and negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges that they have read and obtained necessary information about the basic characteristics, sales price, payment method, and delivery information of the product on the SELLER’s internet site and has electronically confirmed. The BUYER also acknowledges they have received complete and accurate information regarding address, product characteristics, prices including taxes, payment, and delivery prior to formation of the distance sales contract.
9.2. Each product subject to the contract will be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified on the site's pre-information section, considering the distance of the settlement, not exceeding the legal 30-day maximum. Should delivery fail within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product completely, conforming to the specified characteristics in the order and including any warranty certificates, manuals, and necessary documents, free from any defects, in accordance with legal provisions and standards, with honesty and diligence, to maintain and improve service quality, and to act with care, prudence, and foresight during performance.
9.4. The SELLER may procure a different product of equal quality and price by informing and obtaining explicit approval from the BUYER before the performance period ends.
9.5. Should it become impossible for the SELLER to fulfill contractual obligations due to the impossibility of fulfilling the product or service, the SELLER shall notify the consumer in writing within 3 days from learning this situation and refund the total price within 14 days to the BUYER.
9.6. The BUYER agrees that by electronically confirming this Agreement for delivery of the contracted product, non-payment or cancellation in bank records for any reason ends the SELLER’s obligation to deliver the product.
9.7. If after delivery to the BUYER or the person/entity at the address indicated by the BUYER, the credit card used is fraudulently used by unauthorized persons resulting in non-payment by the relevant bank or financial institution to the SELLER, the BUYER agrees to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product within the period due to force majeure events beyond control, it will notify the BUYER. The BUYER has the right to request cancellation, replacement with equivalent product, or postponement of delivery until the obstacle is removed. In case of cancellation, cash payments will be refunded within 14 days and credit card payments will be refunded within 14 days to the bank. The BUYER acknowledges possible delays in credit card refunds and agrees not to hold the SELLER responsible for these delays.
9.9. The SELLER has the right to contact the BUYER through postal mail, email, SMS, phone calls, and other communication methods for marketing, notification, and other purposes. By accepting this Agreement, the BUYER consents to such communications.
9.10. Before acceptance, the BUYER will inspect the goods/services and not accept damaged or defective items from the cargo company. Accepted goods are deemed sound. After delivery, the BUYER is responsible for careful preservation. Withdrawal requires unused goods and return of invoice.
9.11. If the credit card holder used in the order is not the same as the BUYER, or if a security deficiency related to the credit card is detected before delivery, the SELLER may request identity and communication information and credit card statements or a bank letter for verification. Orders will be frozen until these requests are fulfilled within 24 hours; otherwise, the SELLER may cancel the order.
9.12. The BUYER declares the personal and other information provided during registration on the SELLER's site is true and agrees to indemnify the SELLER immediately for any damages arising due to false information.
9.13. The BUYER commits to complying with laws while using the SELLER's internet site; otherwise, all legal and penal liabilities fall solely on the BUYER.
9.14. The BUYER shall not use the SELLER's site in ways that disrupt public order, violate morality, harass others, or infringe on rights, nor perform activities that impede or hinder others' service use (e.g., spam, virus, trojan).
9.15. The SELLER’s site may contain links to other websites and contents not controlled by the SELLER. These links are provided for convenience and do not imply endorsement or guarantee of content.
9.16. Members violating any terms herein are personally responsible legally and criminally and will hold the SELLER harmless from consequences. The SELLER may claim damages for breach of membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may withdraw from the distance sales contract regarding goods by returning the product within 14 (fourteen) days from delivery to themselves or the person/entity at their indicated address without any legal or penal liability and without providing any reason by informing the SELLER. For distance service agreements, the period starts from the date of signing the contract. Withdrawal is not possible if service has started with consumer approval before the expiry of the period. Cost arising from withdrawal is borne by the SELLER. The BUYER acknowledges being informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax, or email within the 14-day period, and the product must be unused as per the "Products Not Eligible for Withdrawal" section of this agreement. In such cases,
a) The invoice of the product delivered to a third party or the BUYER (if the invoice is corporate, it should be sent together with the return invoice issued by the institution. Return orders without a return invoice cannot be completed.)
b) Return form,
c) The product’s box, packaging, and if present, standard accessories must be returned complete and undamaged.
d) SELLER is obliged to refund the total amount and related documents to the BUYER within a maximum of 10 days after receiving the withdrawal notification and to take back the product within 20 days.
e) If the product’s value decreases or return is impossible due to fault of the BUYER, they must compensate the SELLER accordingly. However, natural changes or wear due to proper use within the withdrawal period are not the BUYER's responsibility.
f) If the cancellation causes campaign benefits to fall below campaign limits, the related discount will be canceled.
11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products prepared per the BUYER’s request or explicit personal needs that cannot be returned, including underwear, swimsuit bottoms, makeup, disposable items, goods susceptible to quick spoilage or expiration, health and hygiene-sensitive products once opened by the BUYER, products that cannot be separated after delivery, periodicals excluding subscription agreements, instant services or intangible goods delivered immediately such as audio or video records, books, digital content, software programs, data storage devices, computer consumables, the return of which is not permitted if packaging is opened, in accordance with the Regulation. Also, withdrawal is not possible for services once approved and begun before the withdrawal period expires.
Cosmetic and personal care products, underwear, swimsuits, books, copyable software and programs, DVD, VCD, CD, tapes, and stationery consumables (toners, cartridges, ribbons, etc.) must have unopened, untested, undamaged, and unused packaging to be returnable.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payments by credit card and falls into default, they accept being responsible for interests and conditions per the credit card agreement with the bank. The bank may initiate legal proceedings and claim costs and attorney fees from the BUYER. The BUYER agrees to compensate the SELLER for damages caused by delayed payment.
13. JURISDICTION
Disputes arising from this agreement will be filed within the limits specified by law at the consumer arbitration board or consumer court located at the consumer’s residence or the location where the transaction took place.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this agreement once the payment for the order given via the Site is completed. The SELLER is obliged to implement software arrangements to obtain the BUYER’s acceptance confirmation before the order is finalized.
SELLER:
BUYER:
DATE: