DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is entered into between the parties listed below under the terms and conditions specified herein.
“BUYER”; (hereinafter referred to as “BUYER”)
Name – Surname:
Address:
“SELLER”; (hereinafter referred to as “SELLER”)
Name – Surname: HANIQA TEKSTİL GIDA TURİZM OTOMOTİV SANAYİ TİCARET LİMİTED ŞİRKETİ
Address: Mehmet Nesih Özmen Mahallesi Fatih Caddesi 5/E Güngören Istanbul
By accepting this Agreement, the BUYER acknowledges that upon approving the order subject to this Agreement, they will be obliged to pay the price of the order and, if any, shipping fee, tax or other additional charges, and that they have been informed of this in advance.
2. DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings set forth opposite them below:
MINISTRY: The Ministry of Customs and Trade.
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188).
LAW: Law No. 6502 on the Protection of the Consumer.
SERVICE: Any transaction other than the provision of goods made or promised for a fee or benefit.
SELLER: The company that offers or supplies goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of such company.
BUYER: A real or legal person who acquires, uses or benefits from goods or services for purposes not related to trade or profession.
SITE: The Internet site of the SELLER.
ORDERING PARTY: The real or legal person who requests a good or service through the Internet site of the SELLER.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This contract concluded between the SELLER and the BUYER.
GOODS: The movable property subject to the purchase, and software, sound, image and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of the Consumer and the Distance Contracts Regulation with respect to the sale and delivery of the product, the characteristics and sales price of which the BUYER has ordered electronically via the SELLER’s website.
The prices listed and announced on the site are sales prices. The announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Trade Name: HANIQA TEKSTİL GIDA TURİZM OTOMOTİV SANAYİ TİCARET LİMİTED ŞİRKETİ
Address: Mehmet Nesih Özmen Mahallesi Fatih Caddesi 5/E Güngören-Istanbul
Phone: 0537 993 3000
Fax:
E-mail:
5. BUYER INFORMATION
Delivery Person:
Delivery Address:
Phone:
Fax:
E-mail / Username:
6. ORDERING PARTY INFORMATION
Name / Surname / Title:
Address:
Phone:
Fax:
E-mail / Username:
7. PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The fundamental characteristics (type, quantity, brand/model, color, unit) of the good(s) / product(s) / service(s) subject to this Agreement are published on the SELLER’s website. If the seller has arranged a campaign, you may review the fundamental characteristics of the related product during the campaign period. Valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.
7.3. The total sale price inclusive of all taxes of the good or service subject to this Agreement is shown below.
Product Description
Quantity
Unit Price
Subtotal (incl. VAT)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to Receive Delivery
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is a freight expense for product shipment, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title:
Address:
Phone:
Fax:
E-mail / Username:
Invoice Delivery: The invoice will be delivered together with the order at the invoice address at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER agrees, represents and warrants that they have read the basic information about the product subject to this Agreement on the SELLER’s website — including its fundamental characteristics, sales price, payment method and delivery information — and that they have given the necessary confirmation electronically. The BUYER further agrees, represents and warrants that they have correctly and completely obtained the address of the SELLER that must be provided prior to the formation of the distance sales contract, the fundamental characteristics of the ordered products, the prices inclusive of taxes, and payment and delivery information.
9.2. Each product subject to this Agreement shall be delivered to the BUYER or the person and/or organization at the address designated by the BUYER within the period specified in the pre-information on the website, provided that it does not exceed the legal period of 30 days depending on the buyer’s location. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER agrees, represents and warrants to deliver the product subject to the Agreement complete, in conformity with the characteristics specified in the order, together with any warranty certificates, manuals and required information/documents, free from defects, in accordance with legal requirements, standards, honesty and good faith, to act with due care and attention, and to maintain and improve service quality.
9.4. The SELLER may supply an alternative product of equal quality and price only after notifying the BUYER and obtaining explicit approval before the performance of the obligation under this Agreement has expired.
9.5. If the SELLER is unable to fulfill its obligations under the Agreement due to impossibility of performance, the SELLER agrees, represents and warrants that it will inform the BUYER in writing within 3 days of becoming aware of this and will refund the total price to the BUYER within 14 days.
9.6. The BUYER agrees, represents and warrants that they will electronically confirm this Agreement for the delivery of the product subject to the Agreement, and that in the event of non-payment of the product price and/or cancellation of the transaction by the bank, the SELLER’s obligation to deliver the product shall cease.
9.7. The BUYER agrees, represents and warrants that in the event that the credit card belonging to the BUYER is used by unauthorized persons and as a result the product price is not paid by the bank or financial institution to the SELLER, the BUYER will return the product to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product within the period due to force majeure – circumstances beyond the control of the parties, unforeseeable and preventing or delaying performance of obligations – the SELLER agrees, represents and warrants to inform the BUYER. The BUYER has the right to request cancellation of the order, replacement of the product with a similar one, and/or the postponement of the delivery period until the impediment is removed. If the order is cancelled by the BUYER, in case of payments made in cash, the total product price will be refunded in cash within 14 days; for payments made by credit card, the total price will be refunded to the relevant bank within 14 days after cancellation by the BUYER. The BUYER acknowledges that while the SELLER refunds the amount to the credit card, the transfer to the BUYER’s account may take on average 2 to 3 weeks, and that any delay due to the bank’s processing cannot render the SELLER liable.
9.9. The SELLER has the right to reach the BUYER by letter, e-mail, SMS, telephone and other means for marketing, notification and other purposes through the address, e-mail address, fixed and mobile phone lines and other communication details provided in the registration form or updated later by the BUYER. By accepting this Agreement the BUYER acknowledges that the SELLER may conduct the communication activities described above.
9.10. The BUYER shall inspect the product/service before taking delivery; they shall not accept products with crushed, broken, torn packaging etc. from the shipping company. It shall be deemed that the product/service delivered is undamaged and sound. After delivery, preservation of the product/service is the BUYER’s obligation. If the right of withdrawal is to be exercised the product/service must not be used. The invoice must be returned.
9.11. If the credit card used for the order is not held by the BUYER, or a security vulnerability is detected regarding the credit card used before delivery of the product to the BUYER, the SELLER may request the BUYER to provide the cardholder’s identity and contact details, the previous month’s statement of the credit card or a letter from the bank certifying that the card belongs to the cardholder. Until the requested information/documents are provided the order will be suspended; if the aforementioned request is not fulfilled within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information given when registering on the SELLER’s website is accurate, and that they will promptly, in cash and unconditionally indemnify the SELLER for any damage the SELLER may incur due to the inaccuracy of this information, upon the first notification.
9.13. The BUYER accepts and undertakes to comply with the legal provisions when using the SELLER’s website. Otherwise, all legal and penal liabilities arising from non-compliance shall be solely and exclusively the BUYER’s responsibility.
9.14. The BUYER shall not use the SELLER’s website in any manner that disrupts public order, violates general morality, harasses or disturbs others, for any illegal purpose, or infringes the material or moral rights of others. The BUYER also shall not engage in activities that hinder or obstruct other members from using the services (spam, virus, Trojan, etc.).
9.15. Through the SELLER’s website, links may be provided to other websites or content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided for the convenience of directing the BUYER; they do not imply support for any website or its operator and the SELLER gives no guarantee as to the information contained on the linked website.
9.16. The member who violates one or more of the provisions of this Agreement shall be personally liable for such violation and shall hold the SELLER harmless from the legal and penal consequences of those violations. In addition, if the matter is brought before a court of law, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may, in the case of a distance contract regarding goods, without any legal or penal liability and without giving any reason, refuse the goods and withdraw from the Agreement, provided that they notify the SELLER within fourteen (14) days from the date the product is delivered to them or to the person/organization at the address designated by them. In distance contracts concerning services, this period starts from the date the Agreement is signed. In contracts where performance of the service begins with the consumer’s consent before the expiry of the withdrawal period, the right of withdrawal cannot be used. The costs arising from the use of the right of withdrawal lie with the SELLER. The BUYER hereby acknowledges that they have been informed of the right of withdrawal by accepting this Agreement.
10.2. In order to exercise the right of withdrawal within the fourteen (14) day period, the BUYER must send written notification by registered mail with return receipt requested, fax or e-mail to the SELLER and the product must not have been used in accordance with the provisions of “Products for which the right of withdrawal cannot be exercised” in this agreement. In the event of exercise of this right:
a) The invoice of the product delivered to the third party or the BUYER is required (If the invoice to be returned is issued in the name of a corporation, the return invoice issued by the corporation must be sent along with it; returns of orders invoiced in the name of corporations cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The product(s) to be returned must be delivered with their box, packaging, if any standard accessories and undamaged and complete,
d) The SELLER shall refund the total price and return to the BUYER the documents that place the BUYER under obligation no later than 10 days from receipt of the withdrawal notice, and shall recover the goods no later than 20 days,
e) If the value of the goods decreased due to fault of the BUYER or return is impossible, the BUYER is obliged to compensate the SELLER for the damage in proportion to their fault. However, the BUYER is not responsible for changes or deterioration that occur due to proper use of the goods within the withdrawal period,
f) If the use of the right of withdrawal causes the total to fall below the campaign threshold used by the SELLER, the amount of the discount enjoyed under such campaign is cancelled.
11. GOODS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
According to the Regulation, the right of withdrawal cannot be used for goods that are prepared according to the consumer’s request or tailored to their personal needs, underwear bottom parts, swimming costume bottoms, cosmetics and personal care products, books, software and data recorded products, magazines and journals, or goods delivered immediately in electronic form; and if the packaging has been opened for hygiene reasons for products that cannot be returned after delivery, and goods that are inseparable from other goods after delivery by nature. In addition, for cosmetics and personal care products, underwear, swimwear, books, copy-protected software and programs, DVDs, VCDs, CDs and cassettes and stationery supplies (toner, cartridges, ribbons etc.), to be returned the packaging must be unopened, unused, undamaged.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER who made payment by credit card falls into default, they accept, declare and undertake that they will pay interest within the framework of the credit card agreement with the card-issuing bank and will be responsible towards the bank. In this case the bank may resort to legal remedies; the associate costs and attorney’s fees can be claimed from the BUYER and under all circumstances if the BUYER falls into default on their debt, the BUYER accepts, declares and undertakes that they will pay the damage and loss incurred by the SELLER due to delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court at the place of residence of the consumer or the place where the consumer transaction is made, within the monetary limits specified in the law:
Effective as of 28/05/2014:
a) Disputes valued under TL 2,000.00 shall be directed to district consumer arbitration committees.
b) Disputes valued under TL 3,000.00 shall be directed to provincial consumer arbitration committees.
c) In provinces with metropolitan municipality status, disputes valued between TL 2,000.00 and TL 3,000.00 shall be directed to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
The BUYER is deemed to have accepted all the terms and conditions of this Agreement when making payment for the order placed via the Site. The SELLER is obliged to make the necessary software arrangements so that prior to the order being placed, the BUYER confirms that they have read and accepted this Agreement.
SELLER: HANIQA TEKSTİL GIDA TURİZM OTOMOTİV SANAYİ TİCARET LİMİTED ŞİRKETİ
BUYER:
Date: