Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the parties mentioned 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)
NAME-SURNAME: YATCOP MOBİLYA YATAK SANAYİ VE TİCARET ANONİM ŞİRKETİ
ADDRESS: YEŞİLKÖY MAHALLESİ, ATATÜRK CADDESİ, DÜNYA TİCARET MERKEZİ, NO: 10, İÇ KAPI NO: 426 BAKIRKÖY/İSTANBUL
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees stated, such as shipping costs or taxes, and that they have been informed about this obligation.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Regulation on Distance Contracts (RG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods, which is performed or promised to be performed for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the goods provider,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to purchase and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose characteristics and sales price are specified below, and which the BUYER ordered electronically through the SELLER's website.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
SELLER INFORMATION
Title YATCOP MOBİLYA YATAK SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address YEŞİLKÖY MAHALLESİ, ATATÜRK CADDESİ, DÜNYA TİCARET MERKEZİ, NO: 10, İÇ KAPI NO: 426 BAKIRKÖY/İSTANBUL
Phone 0533 095 09 00
Fax -
Email info@magniflexturkiye.com
BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
AGREEMENT SUBJECT PRODUCT/PRODUCTS INFORMATION
The main characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the main characteristics of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, 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
7.4. The shipping cost for product shipment will be paid by the BUYER.
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 during order delivery.
GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics of the product subject to the agreement, the sales price, payment method, and delivery on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information regarding the SELLER's address, the basic characteristics of the ordered products, their price including taxes, and payment and delivery information, which must be provided to the BUYER before the distance sales agreement is established.
9.2. Each product subject to the agreement shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, not exceeding the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and necessary information and documents, free from any defects, solidly and in accordance with legal regulations, in compliance with standards, diligently and honestly during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the agreement.
9.5. If the SELLER cannot fulfill its obligations under the agreement due to the impossibility of performing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that the SELLER's obligation to deliver the product subject to the Agreement will cease if the price of the product subject to the agreement is not paid and/or is canceled in the bank records for any reason.
9.7. The BUYER accepts, declares, and undertakes that if the product price is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with shipping costs belonging to the SELLER.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER if it cannot deliver the product subject to the agreement within the due period due to force majeure events such as unforeseen circumstances beyond the will of the parties, which prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with an equivalent one if available, and/or the postponement of the delivery period until the hindering situation is removed. In the event that the order is canceled by the BUYER, for payments made by cash, the product amount is paid back to them in cash and in full within 14 days. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since this reflection after the refund to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, e-mail, SMS, phone calls, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated later by them. The BUYER accepts and declares that by accepting this agreement, the SELLER may engage in the communication activities mentioned above directed at them.
9.10. The BUYER shall inspect the goods/services before receiving them; they shall not accept damaged goods/services, such as those that are dented, broken, or have torn packaging, etc., from the cargo company. Goods/services received undamaged and intact will be deemed as such. The obligation to protect the goods/services with care after delivery belongs to the BUYER. If the right of withdrawal is exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during membership registration on the SELLER's website is accurate, and that they will immediately compensate the SELLER in cash and in full for any damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall belong entirely and exclusively to the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or infringes upon the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, Trojan horse, etc.).
9.15. Links to other websites and/or other content not under the control of the SELLER and/or owned and/or operated by third parties may be provided on the SELLER's website. These links are provided to facilitate navigation for the BUYER and do not imply support for any website or the person operating that site, nor do they constitute any guarantee for the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this agreement is personally responsible criminally and legally for such violation, and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition, in the event that this violation is brought to the legal sphere, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
RIGHT OF WITHDRAWAL
10.1. The BUYER; in the case of a distance contract regarding the sale of goods, has the right to withdraw from the contract by rejecting the goods without incurring any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated by them. In distance contracts regarding the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this agreement. If this right is used:
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and documents that put the BUYER into debt within a maximum of 10 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared in line with the BUYER's wishes or explicit personal needs and not suitable for return, such as underwear bottoms, swimwear and bikini bottoms, make-up products, disposable products, goods that are likely to deteriorate quickly or expire, products that are not suitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodic publications such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, their return is not possible according to the Regulation. In addition, it is not possible to use the right of withdrawal for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period, as per the Regulation.
Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged, and unused in their packaging to be eligible for return.
DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment with a credit card, they accept, declare, and undertake to pay interest within the framework of the credit card agreement with the cardholder bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand any arising expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the SELLER's loss and damages incurred due to the delayed performance of the debt.
AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective from 01/01/2017, for applications to consumer arbitration committees for the year 2017, the value:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees for 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 for disputes under 3,610 (three thousand six hundred ten) Turkish Liras in the centers of provinces without metropolitan status,
d) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts belonging to provinces without metropolitan status, have been authorized.
This Agreement is made for commercial purposes.
EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this agreement when making payment for an order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is finalized.
SELLER: YATCOP MOBİLYA YATAK SANAYİ VE TİCARET ANONİM ŞİRKETİ
BUYER:
DATE:
