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Distance Sales Contract

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: PodyumPlus Teks. Kuyum. İth. İhr.San Tic. Ltd. Şti. 

ALICI: {firstname_pay} {lastname_pay}

DATE: {order_date}