Distance Sales Contract
1. PARTIES
This Distance Sales Agreement ("Agreement"); has been established electronically between the address specified in Article 5 ("Buyer") and Alone Çanta Murat Saltıkoğlu. ("Seller") located at Yarenler Mahallesi Şehit Ahmet Ozan Şarlak Sk.27/1, within the framework of the terms and conditions specified below.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
Minister |
: |
Minister of Customs and Trade, |
Ministry |
: |
Ministry of Customs and Trade, |
Law |
: |
Consumer Protection Law, |
Regulations |
: |
Regulation on Distance Contracts, |
Service |
: |
The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit, |
Sales person |
: |
A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods, |
Buyer |
: |
A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes, |
Website |
: |
The website named alonebag.com.tr belonging to the SELLER, |
Ordered By |
: |
A natural or legal person who requests a product or service through the SELLER's website named aloneçanta.com.tr, |
The parties |
: |
SELLER and BUYER, |
Agreement |
: |
This Agreement concluded between SELLER and BUYER, |
Product or Products |
: |
It refers to the movable goods, real estate for residential or holiday purposes, and all kinds of products such as software, sound, image and the like prepared for use in electronic environment. |
TOPIC 3
The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically via the SELLER's website. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced periodically are valid until the end of the specified period.
4. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
4.1. The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations on the relevant pages and sections of the Website before the BUYER accepts and establishes this Agreement on the Website and before placing an order or assuming the payment obligation.
a) SELLER's title, contact information and current introductory information,
b) Appropriate tools and methods for the stages of the sales process when purchasing the Products from the Website and for correcting incorrectly entered information,
c) The Professional Chamber (Akşehir Chamber of Commerce) to which the SELLER is a member and the electronic communication information where the Akşehir Chamber of Commerce can obtain information on the rules of conduct foreseen by the profession (Phone 332.813 38 27 www.aksehirtso.org.tr/)
d) The confidentiality, data usage-processing and electronic communication rules for the BUYER information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of the parties to use their rights,
e) Shipping restrictions for the products as set forth by the SELLER,
f) Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
g) Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the parties in these matters,
i) Products and other goods and services for which the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and that the BUYER will lose the right of withdrawal if the right is not exercised within the time limit,
k) For Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
l) In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
m) Details of the conditions (special conditions) for benefiting from various opportunities that may be applied from time to time on the BUYER's Website,
n) Depending on its nature, this Agreement and all other sales conditions included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established by the BUYER on the WEBSITE, and the SELLER may keep it for a period of three years.
o) In case of dispute, the BUYER can submit his/her complaints to the SELLER through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Title |
: |
Alone Bag |
Address |
: |
Yarenler mah.martyr Ahmet ozan sharlak street.27/1 |
Telephone |
: |
0332 812 39 32 |
Email address |
: |
bilgi@alonebag.com.tr |
6. BUYER INFORMATION
Person to be Delivered |
: |
{DELIVER} |
Delivery Address |
: |
{DELIVERYADDRESS} |
Telephone |
: |
{DELIVERYPHONE} |
Fax |
: |
- |
Email/Username |
: |
{DELIVERYMAIL} |
7. ORDERING PERSON INFORMATION
Name/Surname/Title |
: |
{DELIVER} |
Address |
: |
{DELIVERYADDRESS} |
Telephone |
: |
{DELIVERYPHONE} |
Fax |
: |
- |
Email/Username |
: |
{DELIVERYMAIL} |
8. INVOICE INFORMATION
Name/Surname/Title |
: |
{INVOICE RECEIVER} |
Address |
: |
{INVOICEADDRESS} |
Telephone |
: |
{INVOICEPHONE} |
Fax |
: |
- |
Email/Username |
: |
{INVOICEMAIL} |
Invoice Delivery: The invoice will be delivered to the delivery address together with the order during order delivery.
9. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
9.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are available on the SELLER's website. You can examine the basic features of the product during the campaign period.
9.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
9.3. All details of the goods or services subject to the contract are shown in the table below.
{URUNPENS}
9.4. The shipping fee, which is the cost of shipping the product, and any other taxes, duties, and additional charges will be paid by the BUYER.
10. GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the Product subject to the Contract on the Website, and that he/she has been informed and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that he/she has correctly and completely obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information by confirming the Preliminary Information electronically.
10.2. Each product subject to the contract shall be delivered to the BUYER or 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 place of residence, provided that the legal period of 30 days is not exceeded. In the event of failure to fulfill its obligation within this period, the BUYER may terminate the Contract.
10.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.
10.5. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution but for which a failed code is sent by the bank and/or financial institution for any reason.
10.6. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
10.7. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive event is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a lump sum within 10 (ten) days for payments made by the BUYER in cash. In the case of payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 7 (seven) days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 (two) to 3 (three) weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.8. BUYER shall inspect the goods/services subject to the Agreement before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order are not the same person or if a security breach 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 present the identity 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 him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
10.11. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
10.12. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
10.13. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
10.14. The member who violates one or more of the articles listed in this membership agreement shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
11. SPECIAL CONDITIONS
11.1. The BUYER will be able to shop from more than one boutique on the Website in a single basket. The SELLER may issue more than one invoice for each product purchased from a different boutique in the same basket. For the avoidance of doubt, it should be noted that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
11.2. SELLER, at its sole discretion, may, from time to time, offer various campaigns on the Website for BUYERS, the terms of which are determined by SELLER (campaigns where discounts of a type determined by SELLER are reflected to BUYERS when shopping from one and/or more than one boutique at the same time for amounts determined by SELLER is made). However, if BUYER returns the products purchased for any reason due to reasons such as return, right of withdrawal etc. and the campaign conditions arranged by SELLER cannot be met for any reason, the discount amount/benefit utilized within the scope of the campaign will be cancelled and will be deducted from the refund payment to be made to BUYER.
11.3. If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that it will not make any claims in such a case.
11.4. SELLER reserves the right to stop, update and change the campaign conditions announced on the Website at any time. BUYER must review the campaign conditions before each purchase from the Website.
11.5. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as postponement of installments may be offered. Such campaigns are at the discretion of your bank and information about the campaigns is provided on our pages if the SELLER is aware of them. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1. Information such as the BUYER's name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc., which may be defined as personal data within the scope of the Personal Data Protection Law No. 6698;
* It may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations indefinitely/temporarily in order to take orders, provide products and services, develop products and services, solve system problems, carry out payment transactions, -in case of prior approval- be used in marketing activities about orders, products and services, update information about the BUYER, manage and maintain memberships, execute distance sales contracts and other contracts established between the BUYER and the SELLER and to ensure that technical, logistic and other similar functions of third parties are performed on behalf of the SELLER.
12.2. DSM Group Consultancy Communication and Sales Trade Joint Stock Company may send commercial electronic communications to BUYERS for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications, in accordance with the current legislation, via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, and other electronic communication tools. BUYER has accepted to receive commercial electronic messages.
12.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the Seller's own system infrastructure, in accordance with the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's devices, the BUYER is responsible for taking the necessary measures, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.
12.4. BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if BUYER wishes, always apply to SELLER and receive information on matters such as transactions regarding the processing of personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis with automatic systems, and compensation in case of damages incurred due to unlawful processing of data. The said applications shall be examined and BUYER shall be contacted within the legal period and within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the SELLER, belong to DSM Group Consultancy Communication and Sales Trade Joint Stock Company.
12.6. Other sites accessed from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
13. RIGHT OF WITHDRAWAL
13.1. BUYER; in distance contracts related to the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she indicated, as a company principle, he/she may use the right to reject the product and withdraw from the contract without giving any reason within 15 (fifteen) days. In distance contracts related to the provision of services, this period starts from the date of signing the contract. BUYER must notify SELLER within this period that the right of withdrawal has been used. BUYER, before accepting the distance contract or any offer corresponding to it, is informed by the seller or provider in a clear and understandable manner on the issues specified in the regulation and that he/she will be under a payment obligation if he/she approves the order, and BUYER accepts in advance that he/she has been informed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. Expenses arising from the use of the right of withdrawal belong to SELLER.
13.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out under Article 11. In case of exercising this right,
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 together with the return invoice issued by the institution. Returns of orders whose invoices are 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, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for damages to the extent of his fault.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
In cases where the BUYER exercises his/her right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration board decides to refund the amount to the BUYER, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below:
The Bank makes the refund to the BUYER in installments, regardless of the number of installments the BUYER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month and the BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
It is required that the product has not been used and can be offered for resale by the seller in accordance with the provisions of Article 15 titled “Exceptions to the right of withdrawal” of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and the provisions of Article 6 of the distance sales contract approved electronically between the parties. The BUYER will not be able to use the right of withdrawal in the following cases:
a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller (products in the category of jewelry, gold and silver).
b) Goods prepared in line with the consumer's wishes or personal needs.
c) Goods that can spoil quickly or whose expiration date may expire.
d) In the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
e) Contracts regarding books, sound or image recordings, software programs and computer consumables (all kinds of software and programs, DVD, VCD, CD and cassettes, computer and stationery consumables (toner, cartridge, ribbon etc.), telephone credit orders) offered in material form, provided that the protective elements such as packaging, tape, seal, package are opened by the consumer.
f) Books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
g) In periodical publications such as newspapers and magazines, other than those provided under the subscription agreement.
h) Evaluation of the free time for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest that must be done on a certain date or period.
i) Services performed instantly in electronic environment or products delivered instantly to the consumer.
j) Services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.
15. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default in transactions made with credit card, the cardholder bank will pay interest within the framework of the credit card agreement made with the BUYER and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from BUYER and in any case, in case BUYER defaults due to his debt, BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by SELLER due to delayed payment of the debt.
16. EVIDENCE AGREEMENT AND COMPETENT COURT
In the resolution of any dispute that may arise from this Agreement and/or its implementation, SELLER records (including magnetic media records such as computer-voice recordings) shall constitute definitive evidence. The parties have agreed that in disputes arising from the implementation and interpretation of the Agreement, within the monetary limits determined within the framework of the legislation, the Consumer Arbitration Committees in the place where the BUYER and SELLER reside, and in cases exceeding this, the Consumer Courts of the BUYER and SELLER shall have jurisdiction.
17. ENFORCEMENT
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed without receiving confirmation that the said Agreement has been read and accepted by the BUYER on the site.