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Distant
Sales Contract
1. PARTIES
This Agreement has been signed between the following
parties under 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-LAST NAME: DERI STORE DERI KONF. VE DERİ YAN ÜRN.
SATIŞ VE TİCARET MUSTAFA EKEN
ADDRESS: ANAFARTALAR CAD. NO: 418 D:106 KEMERALTI
İZMİR
By accepting this agreement, the BUYER accepts that if
she/he confirms the order, she/he shall be under the obligation to pay the
additional prices such as the price of the product and shipping price, if any,
and the tax and that she/ he has been informed of this.
2.DEFINITIONS
In the application and interpretation of the present
contract, the following written terms shall express the written explanations in
against.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distant Contracts Regulation (OG: 27.11.2014
/ 29188)
SERVICE: The subject of any consumer transaction,
other than providing goods, that are made or committed to be made in return for
a fee or benefit,
SELLER: The company providing goods for consumers or
acting in the name or account of the one providing goods to the consumers under
the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or
benefits from a good or service with purposes other than commercial and
professional,
SITE: Website
which belongs to the SELLER,
ORDERING PARTY:
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,
GOODS: the movable goods subject to shopping and the
software, sound, image and other intangible goods prepared for use in the
electronic medium,
3.SUBJECT
This contract regulates rights and obligations
of the parties with respect to the sale and delivery of the product whose
features and sales price specified below and which ordered via
(deristore.com.tr) website belonging the
SELLER in the electronic medium by the BUYER in accordance with the provisions
of the Consumer Protection Law No. 6502 and the Regulation on Distance
Contracts.
The prices listed and announced on the site are the
sales price. The advertised prices and promises are valid until they are
updated and modified. The prices announced on a periodical basis are valid
until the end of the specified period.
4. SELLER INFORMATION
COMPANY NAME/TITLE: DERİ STORE DERİ KONF. VE DERİ YAN
ÜRN. SATIŞ VE TİCARET MUSTAFA EKEN
ADDRESS: ANAFARTALAR CAD. NO: 418 D:106 KEMERALTI
İZMİR
E-MAIL: info@deristore.com.tr
TEL: 0850 305 19 13
FAX: 0850 305 19 13
5. BUYER INFORMATION
Person To Be Delivered:
Delivery Address
Telephone
Fax
Email / username
6. ORDERING PARTY CONTACT INFORMATION
Name/ Surname / Title
Address
Telephone
Fax
Email / username
7. CONTRACT SUBJECT GOODS/PRODUCTS INFORMATION
1. The basic characteristics (type, quantity, brand / model, color, quantity) of the goods / 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 modified. The prices announced on a periodical basis are valid
until the end of the specified period.
7.3. The selling price of the goods or services
subject to the contract, including all taxes, is shown Below.
Product Description Unit Price Subtotal
(inc.VAT)
Shipping Amount
Total :
Payment Method and Schedule:
Delivery Address
Person To Be Delivered:
Billing address
Order Date
Delivery Date:
Delivery Method
7.4. The shipping cost will be paid by the
BUYER.
8. BILLING INFORMATION
Name/ Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: Invoice shall be delivered during
the delivery of the order to the invoice address.
9. GENERAL
9.1. The BUYER accepts, declares and undertakes
that he / she has read the preliminary
information about the basic qualities, 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 an electronic
medium. BUYER's confirmation the preliminary informing in electronic medium,
before the establishment of the distant sale contract, means that she/he
acknowledges, declares and undertakes that she/he obtained accurately and
completely address to be given by the SELLER to the BUYER, basic features of
the products subject to the order, prices of the products including tax,
payment and delivery methods.
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 the 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 acknowledges, declares and undertakes that
she / he shall deliver the product
subject to the Contract in accordance with the specifications stated in the
order with guarantee documents, manuals and other information and documents
necessary for the business, shall perform in line with legal legislation requirements
as solid and free from all kinds of defects in accordance with the standards
under the principles of integrity and honesty, shall maintain and increase
service quality, shall pay necessary attention and care and shall act with
caution and vision.
9.4. 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. SELLER accept, declare and undertakes that in the
event she/he fails to fulfill the obligations of the contract if the
performance of product or service subject to the order becomes impossible,
she/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 day.
9. 6. The BUYER accepts, declares and undertakes that
she/he shall confirm Preliminary Informing Form for the delivery of the Product
subject to Contract in electronic medium, that in case price of the contract
has not paid and /or cancelled in the
bank records for any reason, SELLER's obligation to deliver the product subject
to agreement.
9.7. BUYER accepts, declares and undertakes that
he/she will return the contractual product in 3 days with the shipment expenses
resting on the SELLER to the SELLER if, after the delivery of the Product to
the BUYER or to the person and/or institution at the address which is indicated
by the BUYER, the said product price is not paid to the SELLER by the relevant
bank or financial institution due to
unauthorized use of the credit card of the BUYER.
9.8. The SELLER accepts, declares and undertakes to
inform the BUYER of the situation if she/
he cannot deliver the product due to force majeure situations which happen
beyond the will of parties and are not foreseen in advance and are preventive
and/or deleterious in nature to perform the obligations of the parties. The
BUYER 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 payments made by the BUYER in cash, the amount of the product
is paid to her/him in cash and single
payment 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. BUYER accepts, declares and undertakes
that average process on reflecting the amount being returned to the credit card to BUYER account may take 2 and 3 weeks,
that BUYER cannot hold liable the SELLER for possible delays because the
process and transaction of the amount being returned to the bank be reflected
to BUYER's accounts is solely regarding
to bank process.
9.9. SELLER has the right to contact with BUYER for
communication, marketing, notification and other purposes with letter, e-mail,
SMS, telephone talking and other means by using BUYER's address which was
specified by her/him on registration form on the Site and was updated later,
e-mail address, fixed and mobile phone lines and other communication means. The
BUYER accepts and declares that the SELLER may make the above-mentioned communication activities aimed at him / her.
9.10. The BUYER shall inspect the goods / services subject to the contract before
receiving and shall not receive dented, broken, torn packaging etc. damaged and
defective goods / services from the cargo
company. The delivered goods / service
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 to avoidance of the contract is used. The invoice must be returned.
9.11. In the event BUYER and the credit card holder
used during the order is not the same person a security vulnerability is found
regarding the credit card used in the order before the product is delivered to
BUYER, SELLER may request identity and communication information of the credit
card holder, bank statement of the credit card used in the order for previous
month or bank letter regarding belonging of the credit card to the holder from
BUYER. The order will be frozen until BUYER provide the aforementioned information and if the said requests are not
fulfilled within 24 hours, SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the
personal and other information given to the SELLER when it becomes a member of
the website are true and that she/he 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 in advance 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 shall be completely and exclusively on the BUYER.
9.14. The BUYER cannot use the website 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. Links may be given to other websites, which are not under the control of
SELLER and / or possessed or /operated by
other third parties, or other content on SELLER's web site. These links are
provided to ease the direction for 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
harmless from the legal and criminal consequences of such violations. In addition, 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. RIGHT TO AVOIDANCE OF CONTRACT
10.1. BUYER, in case the distance contract is
related to the sale of goods, may use the right to avoidance of contract by
refusing the goods without taking any civil and criminal liability and without
giving any justification, provided that he informs the SELLER within 14
(fourteen) days from the date of delivery of the product to the person / organization indicated by him. In the
case of distant contracts for service provision, this period shall begin on the
date of signing the contract. Before the expiration of the right to avoidance
of the contract, the right to avoidance
of contract may not be used in the service contracts that are launched with the
approval of the consumer.
The costs arising from the use of the
right to avoidance of contract belong to the SELLER. The BUYER accepts in
advance that it has been informed about the right to avoidance of contract by
accepting this contract.
10.2. In order to use the right to avoidance of
contract, it is required that SELLER must be notified in writing within 14
(fourteen) days via registered mail, fax or e-mail and the product has not been
used within the framework of the provisions of "Products about which right
to avoidance of contract cannot be Used". If this right is used,
a) The invoice of the product delivered to the third
party or to the BUYER, (the invoice of the product to be returned) must be sent
with the return invoice issued by the institution when it is returned. Order
refunds whose invoice was issued in the name of the institutions shall not be
completed unless the RETURN INVOICE is not billed.)
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 amount
and the documents which burden the BUYER with debt to the BUYER within a period
of 10 days at the latest from the receipt of the notification of avoidance of
contract and to receive the goods within 20 days.
e) If there is a decrease in the value of the good or
if the return becomes impossible due to a
reason caused by the BUYER's defect, the BUYER is liable to compensate the
damages of the SELLER at the rate of her/his defect. However, the BUYER shall not be liable for
any changes or alterations caused by the proper use of the goods or products
within the period of right to avoidance of the contract.
f) In case of lowering the campaign limit amount
arranged by the SELLER due to the exercise of the right to avoidance of the contract, the amount of discount used within
the scope of the campaign shall be cancelled.
11. PRODUCTS ON
WHICH RIGHT TO AVOIDANCE OF CONTRACT NOT TO BE USED
With the request of the BUYER or clearly prepared for
personal needs and unsuitable to be returned, underwear lower parts, swimwear
and briefs, make-up materials, disposable products, products with danger of
rapid deterioration or expiration date, products which are not suitable for
return with respect to health and hygiene after delivery of the product to the
BUYER and opened by the BUYER, products that are mixed with other products
after being delivered and are not able to be separated by nature, goods
regarding periodicals such as newspaper and magazine except the ones provided
under subscription agreement, instantly executed services in electronic medium
or intangible goods delivered to the consumer immediately, and audio or video
recordings, books, digital content, software programs, data recording and data
storage devices, computer supplies in case their packaging has been opened by the BUYER, are not possible
for return according to the Regulation. In addition, before the expiration of
the right to avoidance of the contract,
the right to avoidance of contract related to the services initiated with the
approval of the consumer is also not possible under the Regulation.
In order for beauty, personal care products, underwear
products, swimwear, bikini, book, copiable software and programs, DVD, VCD, CD
and cassettes and stationery supplies (toner, cartridges, ribbons, etc.) be
returned, their packaging should not be opened and they should not be tested,
degenerated and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
In case the BUYER defaults in the case of
payment by credit card, the cardholder agrees, declares and undertakes that he / she will pay the interest within the
framework of the credit card agreement with the bank and be responsible to the
bank. In this case, the Bank may apply for legal remedies and demand expenses arise and solicitor's fee from BUYER and, in
any case, If the BUYER is in default due to the debt of the BUYER, BUYER
accepts, declares and undertakes that the BUYER shall pay the damage and loss
suffered the by SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising
out of the present contract shall be made to the arbitration committee for consumer problems or to the
consumer court, where the consumer's place of settlement is in or the consumer
transaction is made, within the monetary limits specified in the following law.
Information on the monetary limit is as follows:
As to be valid from 01/01/2018, for applications
submitted to consumer arbitration committees for 2018 the following authorities
are competent:
a) In the disputes under 4.570 (four thousand five
hundred and seventy) Turkish Lira, District consumer arbitration committees,
b) In the disputes under 4.570 (four thousand five
hundred seventy) Turkish Lira, in the provinces which are in metropolis status,
provincial consumer arbitration committees,
c) In the disputes under 6.860 (six thousand eight
hundred sixty) Turkish Lira, in the center of provinces which are not in
metropolis status, provincial consumer arbitration committees,
d) In the disputes between 4.570 (four thousand five
hundred seventy) Turkish Lira and 6.860 (six thousand eight hundred sixty)
Turkish Lira, in the center of provinces which are not in metropolis status,
provincial consumer arbitration committees,
This Contract is for commercial purposes.
14.
EFFECTIVENESS
When the BUYER 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.
BUYER, the preliminary information form and invoice
included on the payment page at http://www.deristore.com.tr are integral parts
of this contract.
SELLER: DERI STORE DERI KONF. VE DERİ YAN ÜRN. SATIŞ
VE TİCARET MUSTAFA EKEN
BUYER:
DATE:
