Distance Sales Agreement
SIDES
SELLER
Vendor Name: Göcen Knife
Seller's Full Address: YATAĞAN MAH. 31 SK. NO: 9 INTERIOR DOOR NO: A SERİNHİSAR/
DENIZLI
Seller's Phone Number:
Seller's Fax Number:
Seller Mersis No:
Seller E-Mail Address: agocen@msn.com
Cargo Company to which the Buyer will Send the Goods to the Seller in case of Return:
BUYER
Name Surname / title :
Address :
Phone :
Email:
SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract ("Contract") has been drawn up in accordance with the Consumer Protection Law No. 6502 ("Law") and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.
The subject of this Agreement; In accordance with the provisions of the Law and the Regulation on Distance Contracts, the rights and obligations of the parties regarding the sale and delivery of goods or services with the qualifications specified in the Contract, which the Buyer has ordered electronically for the purchase of goods or services from the website operated by the Seller ("Website"). determines its obligations.
BASIC QUALIFICATIONS AND PRICE OF THE GOOD AND SERVICE SUBJECT TO THE AGREEMENT (VAT INCLUDED)
Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
The shipment of [.] will start within [.] working days following the order of the goods or services by the Buyer. The delivery period of the goods shall not exceed 30 days in the sale of goods.
Delivery address:
Delivery Person(s):
DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the Buyer in electronic environment and is executed when the goods or services purchased by the Buyer from the Seller are delivered to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the specified authorized person(s).
DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.
Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the goods or services within 30 (thirty) days from the ordering of the goods or services by the Buyer, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible. If, for any reason, the price of the goods or services is not paid by the Buyer or the payment is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the goods or services.
In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date of learning of this situation and, if any, all the collected payments, including the delivery costs, shall be paid within 14 (fourteen) days at the latest from the date of notification. Will refund within.
PAYMENT METHOD
The Buyer accepts that since the forward sales are made only with credit cards of banks, he will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer, in accordance with the provisions of the legislation in force, declares and undertakes. Banks and financial institutions such as credit cards, installment cards, etc. The term / installment payment facilities provided by the issuing institutions are a loan and/or the installment payment opportunity provided directly by the said institution; The sales of goods and services realized within this framework and for which the Seller has fully collected the price, are not considered as installment sales for the parties of this Agreement, but are cash sales.
REPRESENTATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and gives the necessary confirmation in electronic environment. Buyers, as consumers, can submit their requests and complaints by using the Seller contact information above and/or via agocen@msn.com on the Website.
The Buyer confirms this Agreement and the preliminary Information Form electronically, by confirming the address to be given to the Buyer by the Seller before the conclusion of the distance agreements, the basic features of the ordered good or service, the price of the good or service including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Buyer's damaged, broken, torn packaging etc. at the time of delivery. In case of receiving the goods or services, which are clearly damaged and defective, from the cargo company, the responsibility belongs entirely to him.
In case the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods. or return the service to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.
STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for the delivery of the contracted goods or services to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the Seller is unable to deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning.
If the contractual goods or services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
RIGHT OF WITHDRAWAL
The Buyer may exercise its right of withdrawal within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods and from the date of purchase in transactions related to the sale of services, without undertaking any legal or criminal liability and without giving any reason. The buyer may also use his right of withdrawal within the period until the delivery of the goods.
When returning the product/s, the buyer gives the right of withdrawal to the cargo to be sent to the warehouse address of the products to be returned, by marking the reason for the return including "returning the products due to the right of withdrawal" among the return reasons on the e-invoice printout and signing with a wet signature. The buyer must fill in the return request form on the relevant page and obtain the return address information, and send the goods back within 10 (ten) days from the date on which he exercises his right of withdrawal. Along with the goods, the invoice, the box, the packaging, the standard accessories, if any, and the other products gifted with the goods must be returned completely and undamaged. If the buyer uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for any changes and deteriorations that occur.
As long as the buyer sends the goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary Information Form, the return shipping cost belongs to the Seller. In case the Buyer sends the goods to be returned by a cargo company other than the Contracted cargo company of the Seller specified in the preliminary Information Form, the Seller is not responsible for the return shipping cost and the damage to the goods during the cargo process.
All payments made by the Buyer for the relevant goods or services, including the delivery costs of the goods, if any, within 14 (fourteen) days from the Buyer's exercise of the right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return). It will be returned at once, in accordance with the payment instrument used when purchasing, without incurring any expense or obligation to the consumer.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer does not have the right of withdrawal in the following cases:
Contracts relating to goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the Seller (eg jewellery, products in the gold and silver category);
In contracts for the delivery of goods, which are prepared according to the wishes of the Buyer or clearly in line with his personal needs, which are not suitable for return due to their nature, which are in danger of spoiling quickly or whose expiration date is likely to pass;
From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of those whose return is not suitable in terms of health and hygiene;
In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature;
In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material media, provided that the protective elements such as packaging, tape, seal, package are opened by the buyer;
In contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract;
Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period;
In contracts for the performance of betting and lottery services;
Before the expiry of the right of withdrawal, in the contracts regarding the services that are started with the approval of the consumer; and
In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer (such as coupons).
Withdrawal for goods or services that are excluded from the scope of the Distance Contracts Regulation (such as regular deliveries of the Seller, foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, and services in areas such as travel, accommodation, catering, entertainment industry) right will not be exercised.
RESOLUTION OF DISPUTES
Buyers shall convey their complaints about the goods and services they have purchased to the Seller. The Buyer may apply against the Seller (depending on the values declared by the Ministry of Customs and Trade) to the Provincial or District Consumer Arbitration Committee or the Consumer Court in the place where the product is purchased or where he/she resides.
PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form, but is the price included in the invoice sent to the customer together with the information e-mail sent at the end of the order and the product. Discounts, coupons, shipping charges and other applications made by the seller are reflected in the sales price.
STATUS OF DEADLINE AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement the bank has made with him. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, if the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
NOTICES AND EVIDENCE AGREEMENT
Any correspondence to be made between the parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the Seller's official books and commercial records, electronic information and computer records kept in its own database, servers, will constitute binding, definitive and exclusive evidence, and that this article will constitute an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that
This Agreement, which consists of 14 (fourteen) articles, was read by the parties and concluded and entered into force on 26.08.2021 by being approved by the Buyer electronically.