Distance Sales Agreement

1. PARTIES

This Agreement is signed between the parties below within the scope of the terms and conditions specified herein.

  • A. ‘BUYER’ (hereinafter referred to as "BUYER" in the agreement)
  • B. ‘SELLER’ (hereinafter referred to as "SELLER" in the agreement)

NAME - SURNAME:

ADDRESS:

By accepting this agreement, the BUYER hereby acknowledges that upon approving the order subject to this agreement, they undertake the obligation to pay the order amount and any additional fees such as shipping charges and taxes, and confirm having been informed thereof in advance.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms below shall mean the following:

  • MINISTER: The Minister of Customs and Trade,
  • MINISTRY: The Ministry of Customs and Trade,
  • LAW: Law No. 6502 on the Protection of the Consumer,
  • REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
  • SERVICE: Any consumer transaction other than the provision of goods carried out or promised for a fee or benefit,
  • SELLER: The company that provides goods to the consumer within its commercial or professional activities or acts on behalf or account of the goods provider,
  • BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
  • SITE: The internet site owned by the SELLER,
  • ORDERER: The natural or legal person requesting a good or service through the SELLER’s internet site,
  • PARTIES: The SELLER and the BUYER,
  • AGREEMENT: This agreement made between the SELLER and the BUYER,
  • GOODS: Movable property subject to the purchase and intangible goods such as software, audio, video prepared for electronic use.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, whose specifications and sales price are listed below, ordered electronically by the BUYER through the SELLER’s internet site in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

The prices listed and published on the site are sale prices. The announced prices and promises are valid until updated or changed. Time-limited prices are valid until the specified deadline.

4. SELLER INFORMATION

Title: Bulut El Aletleri ve Mak. Sis. Ltd. Şti.

Address: Önder Mah. Akçakale 2 Cad. No:86/1 Siteler, Altındağ / ANKARA

Phone: 05322971747

Email: [email protected]

5. BUYER INFORMATION

Person to whom delivery will be made

Delivery address

Phone

Fax

Email / username

6. PRODUCT(S) SUBJECT TO AGREEMENT

6.1. The main features of the good/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the seller has arranged a campaign, you can review the main features of the relevant product during the campaign period. Valid until the campaign date.

6.2. The prices listed and announced on the site are sale prices. The announced prices and promises are valid until updated or changed. Time-limited prices are valid until the specified deadline.

6.3. The total sales price including all taxes for the product or service subject to this agreement is shown below.

Product Description Quantity Unit Price Subtotal (Including VAT) Shipping Fee Total:

Payment Method and Plan

Delivery Address

Person to receive the delivery

Invoice Address

Order Date

Delivery Date

Delivery Method

6.4. Shipping costs will be paid by the BUYER.

7. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/username

Invoice delivery: The invoice will be delivered together with the order to the invoice address at the time of order delivery.

8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS RULES

The privacy rules, policy, and conditions specified below are valid regarding the protection, confidentiality, processing-use of information and communications on the INTERNET SITE.

8.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken by the SELLER’s system infrastructure according to the nature of the information and transaction using current technical capabilities. However, since these data are entered from the BUYER’s device, it is the BUYER’s responsibility to protect them and prevent unauthorized access, including virus and similar malicious software.

8.2. In addition to the BUYER's consent and permissions for personal data and commercial electronic communications, the information obtained during the BUYER’s membership and purchases on the INTERNET SITE may be recorded indefinitely or for the foreseeable period for providing various products/services and for all kinds of electronic and commercial-social communications such as advertising, marketing, promotions, store cards, credit cards, and membership applications. This data may be stored in printed/magnetic archives, updated if necessary, shared, transferred, used, and processed in other ways. It may also be conveyed to the relevant authorities and courts as required by law. The BUYER consents and permits the use, sharing, and processing of existing and new personal and non-personal information in accordance with personal data protection legislation and electronic commerce regulations and agrees to receive commercial and non-commercial electronic and other communications.

8.3. The BUYER may always contact the SELLER via the specified communication channels to stop data usage and processing or to exercise the right to object to electronic communications received. Upon clear notification by the BUYER, personal data processing and communications will be stopped within the legal maximum period; data may be deleted or anonymized. The BUYER may request information on data processing, correction of inaccurate data, notification to third parties, deletion, objection to automated decision-making, and claims for damages in case of unlawful data processing.

8.4. All intellectual and property rights related to the content, editing, revision, and partial/full use of the INTERNET SITE belong to the SELLER, except for third-party rights.

8.5. The SELLER reserves the right to make any necessary changes to the above and such changes take effect upon notification on the INTERNET SITE or other appropriate means.

8.6. The privacy and security policies and terms of use of other sites linked from the INTERNET SITE apply, and the SELLER is not responsible for disputes or negative outcomes from those sites.

9. GENERAL PROVISIONS

  • The BUYER declares and commits that they have read and acknowledged the basic features, sales price, payment method, and pre-information about delivery of the product subject to the agreement on the SELLER’s internet site and confirmed it electronically.
  • Each product subject to the agreement shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified on the website's pre-information section, depending on the distance of the BUYER’s residence, not exceeding the legal period of 30 days.
  • If the product cannot be delivered within this period, the BUYER reserves the right to terminate the agreement.
  • The SELLER undertakes to deliver the product completely, conforming to the characteristics specified in the order, with warranty certificates and user manuals if any, free from any defects, and in accordance with legal regulations, honesty, and standards, maintaining and improving service quality, exercising necessary care and caution during fulfillment.
  • The SELLER may procure a different product of equal quality and price with the BUYER's clear consent before the fulfillment deadline.
  • If the SELLER cannot fulfill the obligations due to impossibility, it shall notify the consumer in writing within 3 days and refund the total price within 14 days.
  • The BUYER acknowledges that the obligation of the SELLER to deliver the product ends if the payment is not made or canceled by the bank.
  • In case of unauthorized use of the BUYER's credit card after delivery causing non-payment, the BUYER agrees to return the product within 3 days, with shipping paid by the SELLER.
  • In cases of force majeure, the SELLER shall inform the BUYER and may delay delivery or cancel the order, with refund terms specified.
  • The BUYER has the right to demand cancellation, replacement, or delay until the cause is removed.
  • Refunds for cash payments are made within 14 days; for credit card payments, refunds are made to the bank within 14 days of cancellation.
  • The BUYER acknowledges possible bank delays of 2-3 weeks and waives claims against the SELLER for these delays.
  • The SELLER may contact the BUYER via various communication methods for marketing, notification, and other purposes.
  • By accepting this agreement, the BUYER consents to these communications.
  • The BUYER shall inspect the product upon delivery and refuse damaged goods.
  • Product is considered intact and undamaged if accepted.
  • The BUYER is responsible for careful preservation after delivery.
  • Right of withdrawal requires unused goods.
  • Invoice must be returned.
  • If the credit card holder is not the same as the BUYER or security issues are detected, the SELLER may request additional documents and may freeze or cancel the order.
  • The BUYER guarantees the accuracy of personal information and compensates for damages caused by misinformation.
  • The BUYER commits to comply with laws when using the site.
  • All legal and criminal liabilities for violations lie solely with the BUYER.
  • The BUYER shall not use the site for illegal, disturbing, or harmful purposes or interfere with other members’ services.
  • The site may contain links to third-party sites, for which the SELLER is not responsible.
  • Violation of terms renders the violating member legally responsible and liable for damages.
  • The SELLER reserves the right to claim compensation for breaches of membership.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract concerns the sale of goods, the BUYER may withdraw from the contract within 14 (fourteen) days of receipt of the goods or person indicated by the BUYER, without any reason or penalty, by notifying the SELLER.

For service contracts, this period begins from the date of signing the contract.

If the service has already started with the consumer's approval before the withdrawal period expires, withdrawal is not possible.

Costs arising from withdrawal are borne by the SELLER.

The BUYER acknowledges having been informed about the right of withdrawal by accepting this agreement.

10.2. To exercise the right of withdrawal, the BUYER must send a written notification via registered mail, fax, or email to the SELLER within 14 days and the product must be unused as per the conditions of "Products Excluded from Withdrawal".

Upon exercising this right;

  • a) The invoice of the product delivered to the third party or BUYER (If the invoice is corporate, the return invoice issued by the institution must be sent along with the product. Returns without a return invoice will not be processed.),
  • b) The return form,
  • c) The product must be returned complete, undamaged, including original packaging and accessories,
  • d) The SELLER must refund the total amount and return documents to the BUYER within 10 days of receiving the withdrawal notice and collect the goods within 20 days,
  • e) If the product’s value decreases due to the BUYER’s fault or return becomes impossible, the BUYER compensates the SELLER proportionally. However, normal wear or changes caused by proper use within the withdrawal period are not the BUYER’s responsibility,
  • f) Discounts enjoyed as part of campaigns will be canceled if withdrawal reduces the purchase below campaign limits.

11. PRODUCTS EXCLUDED FROM WITHDRAWAL

Products prepared according to the BUYER’s explicit personal needs that cannot be returned, underwear, swimwear bottoms, makeup, single-use products, perishable goods, opened products that are unsuitable for health and hygiene reasons, mixed or inseparable products, newspapers, magazines, digital content, software, and opened stationery consumables are excluded from withdrawal rights as per the Regulation.

Also, withdrawal is not possible for services started with consumer approval before the withdrawal period expires.

Cosmetics, personal care products, underwear, swimwear, books, copyable software, DVDs, CDs, cassettes, and stationery consumables must be unopened, unused, and undamaged to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment made by credit card, they accept liability for interest and responsibility under the credit card agreement with the card issuer bank.

The bank may initiate legal proceedings and claim fees and costs from the BUYER. The BUYER agrees to compensate the SELLER for any damages arising from delayed payment.

13. JURISDICTION

Disputes arising from this agreement shall be resolved by consumer arbitration committees or consumer courts within the jurisdiction where the consumer resides or where the transaction took place, within the monetary limits prescribed by law.

14. EFFECTIVENESS

The BUYER is deemed to have accepted all terms of this agreement once payment is made for the order through the Site. The SELLER shall ensure technical arrangements so that the BUYER reads and accepts this agreement before order completion.

SELLER:

BUYER:

DATE:

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