DISTANCE SALES AGREEMENT
1. PARTİES
This Agreement is signed between the
following parties under the terms and conditions stated below.
A. BUYER ‘; (hereinafter referred to
as "BUYER")
B.’ BUYER ‘; (hereinafter referred to
as "SELLER")
NAME SURNAME: Podium Plus San. Tic.
LLC.
ADDRESS: xxx
By accepting this agreement, the
BUYER accepts that if the contract subject confirms the order, it will be under
the obligation to pay the additional price stated in the order subject, such as
the shipping price and the tax, and that it is informed about it.
2. DEFINITIONS
In the application and interpretation
of the present contract, the following written terms shall express the written
explanations.
MINISTER: The Minister of Customs and
Trade,
MINISTRY: The Ministry of Customs and
Trade,
LAW: Law No. 6502 on Consumer
Protection,
REGULATION: Distance Contracts
Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of any consumer
transaction, other than providing goods that are committed or made to be paid
in return for a fee or benefit,
SELLER: The company acting in the
name or account offering goods to the consumer or offering goods within the
scope of its commercial or professional activities,
BUYER: A natural or legal person who
acquires, uses or makes use of a good or service for commercial or
non-professional purposes,
SITE: SELLER web site,
ORDERER: The real or legal person
requesting a good or service on the website of the SELLER,
PARTIES: SELLER AND BUYER,
CONTRACT: This contract concluded
between the SELLER and the BUYER,
PRODUCT: Means the movable goods
subject to shopping and the software prepared for use in the electronic
environment, sound, image and other intangible goods.
3. SUBJECT
This Agreement regulates the rights
and obligations of the parties in accordance with the provisions of Law No.
6502 on the Protection of Consumers and Regulation on Distance Contracts
related to the sale and delivery of the specified product and the sale price
specified below, in which the BUYER orders the order of the BUYER
electronically on the website of the SELLER.
The prices listed and announced on
the site are the sale price. The advertised prices and promises are valid until
they are updated and changed. The prices announced in the period are valid
until the end of the specified period.
4. SELLER INFORMATION
Title: Podyum Plus San. Tic. LLC.
Address: xxxxxx
5. BUYER INFORMATION
Delivery person: {firstname_ship}
{lastname_ship}
Delivery Address: {address_1_ship}
Phone: {telephone_ship}
Email / username: {email_ship}
6. PERSON INFORMATION OF THE ORDER
Name / Surname / Title:
{firstname_pay} {lastname_pay}
Address: {address_1_pay}
Phone: {telephone_pay}
Email / username: {email_pay}
7. CONTRACT SUBJECT PRODUCT /
PRODUCTS INFORMATION
1. The basic characteristics (type,
quantity, brand / model, color, quantity) of the goods / products / products /
services are published on the website of the SELLER. If the campaign is
organized by the seller, you can review the basic features of the product
during the campaign. Valid until the campaign date.
7.2. The prices listed and announced
on the site are the sale price. The advertised prices and promises are valid
until they are updated and changed. The prices announced in the period are
valid until the end of the specified period.
7.3. The selling price of the goods
or services subject to the contract is shown below.
{Products}
Payment Method and Plan:
{payment_method}
Delivery Address: {address_1_ship}
Delivery Person: {firstname_ship}
{lastname_ship}
Billing Address: {address_1_pay}
Order Date: {order_date}
Delivery type: Shipping
7.4. The shipping cost will be paid
by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title: {firstname_pay}
{lastname_pay}
Address: {address_1_pay}
Telephone {telephone_pay}
Email / username: {email_pay}
Invoice delivery: Invoice order along
with your order to the invoice address during the delivery
It will be delivered.
9. GENERAL PROVISIONS
9.1. The Purchaser accepts, declares
and undertakes that he / she reads the preliminary information about the basic
characteristics, sales price and payment method and delivery of the product
subject to the contract on the website of the SELLER and gives the necessary
confirmation in the electronic environment. The receiver; Before the
establishment of the distance sale agreement, the Seller acknowledges, declares
and undertakes that the SELLER must have the right to be given to the BUYER,
the main features of the products ordered, the price of the products including
taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the
contract shall be delivered to the person and / or organization at the address
indicated by the BUYER or BUYER within the period specified in the preliminary
information on the website, depending on the location of the BUYER, provided
that it does not exceed the legal period of 30 days. In the event that the
product cannot be delivered to the BUYER within this period, the BUYER has the
right to terminate the contract.
9.3. SELLER, the product of the contract
complete, in accordance with the qualifications specified in the order and if
the warranty documents, user manuals are required by the work of the
information and documents to deliver, free from all kinds of legal regulations
in accordance with the requirements of the sound, in accordance with the
standards of work in accordance with the principles of honesty and honesty to
accept, to maintain the quality of service, to pay attention to the necessary
care and attention during the performance of the work, to act with caution and
foresight, declares and undertakes.
9.4. The SELLER may supply a
different product with equal quality and price by informing the BUYER and
expressly obtaining its approval before the contractual performance obligation
expires.
9.5. If the seller fails to fulfill
the obligations of the contract if the product or service subject to the order
becomes impossible, s / he accepts, declares and undertakes that he shall
inform the consumer in writing within 3 days from the date of learning, and
shall return the total price to the BUYER within 14 days.
Note: Our products in the Outlet
section are not refunded.
9.6. The BUYER accepts, declares and
undertakes that the SELLER shall terminate its obligation to deliver the
product subject to the contract in case the Contractor shall confirm this
Agreement electronically for the delivery of the product, if the reason of the
contract is not paid and / or canceled in the bank records for any reason.
9.7. If the BUYER is not paid by the
related bank or financial institution to the SELLER as a result of the unfair
use of the credit card of the BUYER by the unauthorized person after the
delivery of the product subject to the contract to the person and / or
organization indicated by the BUYER or BUYER, the BUYER It accepts, declares
and undertakes that it will return the shipping cost to the SELLER within 3
days.
9.8. The SELLER accepts, declares and
undertakes to inform the BUYER of the situation if the contractor cannot
deliver the product in due time due to force majeure conditions such as the
occurrence of the cases which are not foreseen and which are not foreseen and
prevent the fulfillment of the debts of the parties. The PURCHASER also has the
right to request from the SELLER to cancel the order, to replace the product
subject to the contract with its precedent and / or to postpone the delivery
period until the preventive situation disappears. In case of cancellation of
the order by the BUYER, in the case of payments made by the BUYER in cash, the
amount of the product is paid to the seller within 14 days. In the case of
payments made by the BUYER with a credit card, the product amount shall be
returned to the bank within 14 days after the cancellation of the order by the
BUYER. PURCHASER, the amount returned to the credit card by the SELLER by the
bank to the account of the average process to be reflected to the account of
the BUYER, this amount is reflected in the account of the BUYER after the
return of the bank account is completely related to the bank transaction
process, the BUYER for possible delays, the SELLER accepts, declares and
undertakes that it cannot hold responsible.
9.9. SELLER, mail, e-mail, SMS, phone
call and other means of communication, marketing, notification and other means
of address, e-mail address, fixed and mobile phone lines and other contact
information specified by the PURCHASER in the registration form on the site or
updated by itself; it has the right to access to the BUYER for other purposes.
The BUYER accepts and agrees that the SELLER may make the above mentioned
communication activities related to him / her.
9:10. The BUYER shall inspect the
goods / services subject to the contract before receiving; bruised, broken,
torn packaging etc. damaged and defective goods / services will not take
delivery from the cargo company. The delivered goods / services shall be deemed
to be undamaged and intact. Careful protection of the goods / services after
the delivery belongs to the BUYER. Goods / services should not be used if the
right of withdrawal is used. Invoice must be returned.
9:11. If the credit card holder used
during the order is not the same person or the product is delivered to the
BUYER, if the security card used in the order is identified, the SELLER shall
provide the identity and contact details of the credit card holder and the
credit card used in the order of the previous month. or from the cardholder's
bank to submit a letter that the credit card belongs to him / her. The order
will be frozen until the time of the purchase of the information / documents
requested by the BUYER and if the claims are not received within 24 hours, the
SELLER has the right to cancel the order.
9:12. The Purchaser declares and
undertakes that the personal and other information given to the SELLER when it
becomes a member of the SELLER shall be true, and that the SELLER shall
indemnify, immediately and in full, all damages to be incurred by the SELLER on
the first notice of the SELLER.
9:13. The BUYER accepts and
undertakes to comply with the provisions of the legal regulations and not to
violate them while using the internet site of the SELLER. Otherwise, all legal
and penal obligations will be completely and exclusively connected to the
BUYER.
9:14. The BUYER cannot use the web
site of the SELLER in any way to disrupt public order, to violate the general
morality, to disturb and harass the others, for an unlawful purpose, to
infringe upon the material and moral rights of others. In addition, the member
cannot engage in any activity (spam, virus, trojan horse, etc.) that would
prevent others from using the services.
9:15. The SELLER's website may
contain links to other websites and / or other content owned and / or operated
by third parties under the SELLER's own control. These links are provided to
ease the orientation to the BUYER and do not support any website or the person
who operates the site and do not constitute any guarantee for the information
contained in the Linked Website.
9:16. The member who violates one or
more of the articles mentioned in this contract shall be personally and
criminally and legally responsible for the violation thereof and shall keep the
SELLER free from the legal and criminal consequences of such violations. Also;
In the event that the incident is referred to the legal area due to this
violation, the SELLER reserves the right to claim damages for non-compliance
with the membership agreement against the member.
10. THE RIGHT TO EXIT
10.1. RECEIVER; In case the distance
contract is related to the sale of goods, within 14 (fourteen) days from the
date of delivery of the product to the person / organization indicated by him,
he may use the right of withdrawal from the contract by denying the goods
without taking any civil and criminal responsibility and without giving any
justification, provided that he informs the SELLER. In the case of distant
contracts for service provision, this period shall commence on the date of
signing the contract. Before the expiration of the right of withdrawal, the
right of withdrawal may not be used in the service contracts that are executed
with the approval of the consumer. The costs arising from the use of the right
of withdrawal belong to the SELLER. The BUYER accepts in advance that it has
been informed about the right to withdraw by accepting this contract.
10.2. In order to use the right of
withdrawal within 14 (fourteen) days period, written notice to the SELLER by
registered mail, fax or e-mail must be used and the product must not be used in
accordance with the provisions of the "Unacceptable Products" set
forth in this contract. If this right is used,
a) The invoice of the product
delivered to the 3rd person or the BUYER, (If the invoice of the product to be
returned is institutionalized, it must be sent with the return invoice issued
by the institution when the return is returned.
b) Return form,
c) Products to be returned must be
delivered complete and undamaged with the box, package and standard
accessories, if any.
d) The SELLER is obliged to return
the total price and the documents that undermine the BUYER to the BUYER within
a period of 10 days after the withdrawal notification is received and to return
the goods within 20 days.
e) If there is a decrease in the
value of the commodity due to a reason caused by the BUYER's defect or if the
return is impossible, the BUYER is liable to compensate the damages of the
SELLER at the rate of defect. However, the PURCHASER shall not be liable for
any changes or alterations caused by the proper use of the goods or products
within the period of withdrawal right.
f) In case of lowering the campaign
limit amount arranged by the SELLER due to the exercise of the right of
withdrawal, the amount of discount used within the scope of the campaign shall
be canceled.
11. PRODUCTS NOT REFUNDABLE
Receiver's request or clearly
prepared for the personal needs and not suitable for return, underwear lower
parts, swimwear and bikini bottoms, makeup materials, disposable products, risk
of rapid deterioration or expiry date of the goods that are likely to pass, to
the BUYER Products returned by the PURCHASER after being unpacked by the
PURCHASER, which are unsuitable in terms of health and hygiene, products which
are mixed with other products after delivery and are not able to be separated
by nature, except for the ones provided under the subscription agreement
services or instant goods delivered to the consumer, audio or video recordings,
books, digital content, software programs, data storage and storage devices,
computer supplies, packaging RECEIVER filed by the return if required by the
regulation is impossible. In addition, before the expiration of the right of
withdrawal, the right of withdrawal related to the services initiated with the
approval of the consumer is also not possible under the Regulation.
Cosmetic and personal care products,
underwear products, swimwear, bikini, books, copied software and programs, DVD,
VCD, CD and cassettes and stationery supplies (toner, cartridge, ribbon, etc.)
and they must be unused.
12. RESIDENTIAL STATE AND LEGAL
RESULTS
In case the BUYER defaults in the
case of payment by credit card, the cardholder agrees, declares and undertakes
that he / she will pay interest in the credit card agreement with the bank and
be liable to the bank. In this case, the Bank may apply for legal remedies; If
the BUYER is in default due to the debt of the BUYER, BUYER accepts, declares
and undertakes that the seller will pay the loss and loss due to the delayed
performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes
arising out of the present contract shall be made to the arbitral tribunal or
to the consumer court, where the consumer's place of settlement or the consumer
transaction within the monetary limits specified in the following law.
Information on the monetary limit is as follows:
For applications to be submitted to
consumer arbitration committees in 2017, effective from 01/01/2017:
a) District consumer arbitration
committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) provincial consumer arbitration
committees in disputes between 2,400 (two thousand four hundred) Turkish Liras
and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with
metropolitan status,
c) provincial consumer arbitration
committees in disputes under 3.610 (three thousand six hundred and ten) Turkish
Liras in the centers of non-metropolitan cities,
d) Provincial consumer arbitration
committees have been assigned in the disputes between 2,400 (two thousand four
hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras
in the districts which are not metropolitan.
This Agreement is for commercial
purposes.
14. EFFECTIVENESS
When the PURCHASER makes the payment
for the order given on the Site, it shall be deemed to have accepted all the
terms of this contract. The SELLER is obliged to make the necessary software
arrangements in order to obtain confirmation that the contract has been read
and accepted by the BUYER on the site prior to the realization of the order.
SELLER:
ALICI: {firstname_pay} {lastname_pay}
DATE: {order_date}
