Distance Sales Agreement
**SAMPLE. ADJUST APPROPRIATELY TO YOUR OWN SITE BEFORE USE**
1. PARTIES
This Agreement has been signed between the parties below within the framework of 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 expressly agrees that upon approving the order subject to this agreement, they undertake the obligation to pay the order price and, if any, additional fees such as shipping costs and taxes, and acknowledges being informed about this matter.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall represent the following explanations.
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 consumer transaction other than the provision of goods, performed or promised in exchange for a fee or benefit,
SELLER: The company offering goods to the consumer or acting on behalf of or for the account of the provider within its commercial or professional activities,
BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The internet site owned by the SELLER,
ORDERER: The natural or legal person placing an order for goods or services via the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to the purchase and immaterial goods prepared for use in electronic environments such as software, sound, image, and similar items.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, whose order is placed electronically by the BUYER through the SELLER’s internet site, in accordance with 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 the sale prices. Advertised prices and commitments remain valid until updated or changed. Prices announced for a limited time are valid until the specified end date.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
6.1. The fundamental features (type, quantity, brand/model, color, number) of the goods/product(s)/service are published on the SELLER's internet site. If a campaign has been organized by the Seller, the basic features of the related product can be reviewed during the campaign period. Valid until the campaign date.
6.2. The prices listed and announced on the site are sale prices. Advertised prices and commitments remain valid until updated or changed. Prices announced for a limited duration are valid until the specified end date.
6.3. The total sales price including all taxes for the goods or services subject to the agreement 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. Shipping costs for product shipment will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice delivery: Invoice will be delivered to the invoice address together with the order delivery.
8. RULES CONCERNING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS
The privacy rules, policies, and conditions specified below regarding the protection, confidentiality, processing-use of information, communications, and other matters on the INTERNET SITE apply.
8.1. Necessary precautions for the security of information and transactions entered by the BUYER on the INTERNET SITE have been taken within the technical possibilities of today in the system infrastructure on the SELLER's side, depending on the nature of the information and transaction. However, since the mentioned information is entered from the BUYER's device, it is the BUYER's responsibility to take necessary measures to protect them and prevent unauthorized access by unrelated persons, including virus and similar harmful applications.
8.2. In addition to other permissions-approvals for personal data and commercial electronic communications given by the BUYER and as confirmation; the information obtained during the BUYER’s membership and shopping on the INTERNET SITE may be recorded indefinitely or for a foreseeable period on the SELLER and its successors, stored in print/magnetic archives, updated if necessary, shared, transferred, used, and processed in other ways for the provision of various products/services and all types of commercial-social communications such as advertising, promotion, communication, sales, marketing, store card, credit card, and membership applications. This data may also be transmitted to relevant authorities and courts as legally required. The BUYER consents to the use, sharing, processing, and receiving commercial or non-commercial electronic and other communications related to their existing and new personal and non-personal data in compliance with the legislation on personal data protection and electronic commerce laws within the scope above.
8.3. The BUYER can stop data usage and processing or communications anytime by contacting the SELLER through the specified communication channels and can exercise their right to refuse in legal procedures or via electronic communications sent to them. On explicit notification by the BUYER, personal data processing and/or communications will be stopped within the maximum legal time; if desired, except for those legally required to be preserved or possible, their information will be deleted or anonymized in the data registry system. The BUYER may also apply to the SELLER at any time through the above contact channels regarding the processing of their personal data, transferring parties, correction of incomplete or incorrect information, notification of corrected data to related third parties, deletion or destruction of data, automated analysis causing adverse results, or compensation for damages due to illegal processing. These applications and requests will be fulfilled within the maximum legal time or may be declined with legal justification explained.
8.4. All intellectual and industrial property rights and ownership rights relating to all information and content of the INTERNET SITE and its arrangement, revision, and partial or total use belong to the SELLER, except for those owned by third parties as per agreements.
8.5. The SELLER reserves the right to make any changes deemed necessary on the above matters; such changes become effective as soon as they are announced via the INTERNET SITE or other appropriate methods by the SELLER.
8.6. The privacy-security policies and usage terms of other sites accessed from the INTERNET SITE apply respectively; the SELLER is not responsible for disputes or adverse results arising from them.
9. GENERAL PROVISIONS
9.1. The BUYER declares that they have read and acknowledged the preliminary information regarding the product’s basic features, sale price, payment method, and delivery on the SELLER’s internet site and confirmed it electronically. The BUYER also declares and warrants that they have obtained correct and complete information about the address to be provided by the SELLER before the distance sale agreement is concluded, the product characteristics, prices including taxes, payment, and delivery information.
9.2. Each product subject to the agreement will be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period stated in the preliminary information on the internet site, dependent on the distance to the BUYER's residence, not exceeding the legally permitted period of 30 days. If delivery is not possible within this time, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER undertakes to deliver the product without defects, compliant with the qualities specified in the order, including warranty documents and user manuals if any, in accordance with legal requirements, reliably and properly, to maintain and enhance service quality, and to act with necessary attention, care, prudence, and foresight during performance.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance period expires.
9.5. If delivery of the ordered product or service becomes impossible, the SELLER shall notify the consumer in writing within 3 days from learning of the situation and refund the total price to the BUYER within 14 days.
9.6. The BUYER undertakes to confirm this agreement electronically for delivery and agrees that if the payment is not made or is canceled for any reason, the SELLER’s delivery obligations end.
9.7. If after delivery to the BUYER or the specified address, the credit card used is fraudulently used by unauthorized persons and payment is not made to the SELLER by the relevant bank or financial institution, the BUYER agrees to return the product to the SELLER within 3 days with shipping costs borne by the SELLER.
9.8. The SELLER shall inform the BUYER if delivery is delayed due to force majeure or unforeseen events beyond the parties' control. The BUYER has the right to request cancellation, substitution with a similar product, or postponement of delivery until obstacles are removed. In case of cancellation, cash payments will be refunded within 14 days and credit card payments refunded to the bank within 14 days. The BUYER accepts that bank processing may take 2-3 weeks, and does not hold the SELLER responsible for delays.
9.9. The SELLER may contact the BUYER via mail, email, SMS, phone calls, and other ways for communication, marketing, notification, and other purposes using contact information provided during registration or updated later. The BUYER agrees to allow these communications.
9.10. The BUYER shall inspect products before taking delivery; damaged or defective goods such as dented, broken, torn packaging will not be accepted from the shipping company. Received goods are accepted as undamaged. After delivery, the BUYER is responsible for careful preservation. If exercising the right of withdrawal, the goods must not be used and the invoice should be returned.
9.11. If the credit card user at order differs from the BUYER or a security concern arises before delivery, the SELLER may request identity verification and credit card statement proving ownership. Orders will be frozen until information is provided. Failure to comply within 24 hours may result in order cancellation by the SELLER.
9.12. The BUYER declares that personal and other information provided during site membership is accurate and agrees to compensate the SELLER for any damages resulting from inaccuracies immediately and in full upon notification.
9.13. The BUYER agrees to comply with legal regulations while using the SELLER’s site and not to violate them; otherwise, all legal and criminal liabilities will be solely borne by the BUYER.
9.14. The BUYER shall not use the SELLER’s site in any way that disrupts public order, violates public morality, harasses or disturbs others, or for illegal purposes, nor infringe others’ rights. Activities such as spam, viruses, or Trojan horses to prevent or hamper others’ use are prohibited.
9.15. Links may be provided to other websites or content owned or operated by third parties outside the SELLER’s control; such links are for convenience and do not imply endorsement or guarantee the accuracy of information on those sites.
9.16. Members violating one or more clauses hold personal legal and criminal responsibility and indemnify the SELLER from consequences. The SELLER reserves the right to claim damages for breach of membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance agreement concerns the sale of goods, the BUYER may, within 14 (fourteen) days from delivery to themselves or indicated recipient, without any legal or criminal liability and without giving reasons by notifying the SELLER, exercise the right of withdrawal by rejecting the goods. For service agreements, the period starts from the signing date. Withdrawal cannot be exercised after starting service with consumer approval before the period ends. Withdrawal costs are borne by the SELLER. The BUYER acknowledges being informed about the right of withdrawal by accepting this agreement.
10.2. To exercise the right of withdrawal, a written notice must be sent to the SELLER by registered mail with receipt, fax, or email within 14 days, and the product must not have been used according to the “Products on Which Withdrawal Cannot Be Exercised” clause. In such case:
a) The invoice of the product delivered to the third party or BUYER (if invoiced to a corporate entity, the return invoice must accompany it; returns without such invoices cannot be completed.)
b) Return form,
c) The product's box, packaging, and standard accessories if any, must be delivered completely and undamaged.
d) The SELLER shall refund the total amount and related documents within 10 days of receipt of withdrawal notification and take back the goods within 20 days.
e) If the product’s value decreases or return becomes impossible due to BUYER’s fault, the BUYER compensates the SELLER proportionally. However, the BUYER is not responsible for changes due to proper use within the withdrawal period.
f) If using withdrawal causes campaign limits to reduce, discounts under the campaign will be canceled.
11. PRODUCTS NOT SUBJECT TO WITHDRAWAL
Products customized at the BUYER’s explicit request or according to their personal needs that cannot be returned, underwear pieces, swimsuit bottoms, makeup products, single-use products, perishable or past expiry items, products not suitable for return after opening due to health and hygiene reasons, products mixed with other items post-delivery that cannot be separated, periodicals except subscription agreements, intangible goods or services instantly performed or delivered electronically, audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables with packaging opened by the BUYER cannot be returned per Regulation. Withdrawal rights on services started with consumer consent before the period ends are also not allowed.
Cosmetics, personal care items, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery consumables (toners, cartridges, ribbons, etc.) must have unopened, unused, and intact packaging for return.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payments by credit card and defaults, they shall pay interest per the credit card agreement with the issuing bank and be responsible to the bank. The bank may initiate legal procedures, claim expenses and attorney fees from the BUYER. The BUYER also undertakes to compensate the SELLER for damages and losses caused by delayed payment.
13. COMPETENT COURT
Disputes arising from this agreement shall be submitted, within the monetary limits specified by law, to the consumer arbitration committee or consumer court located at the consumer’s residence or the place where the consumer transaction was made.
14. ENFORCEMENT
Upon completing payment for the order placed via the Site, the BUYER is deemed to have accepted all terms of this agreement. The SELLER is obliged to implement software arrangements so that the BUYER reads and confirms acceptance of this agreement before the order is fulfilled.
SELLER:
BUYER:
DATE: