DISTANCE SALES AGREEMENT
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-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges and accepts in advance that if they approve the order subject to the agreement, they will be obligated to pay the price of the order and any additional costs such as shipping fees and taxes, if any, and that they have been informed about this matter.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the written terms below shall express the written explanations next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods that is performed or promised to be performed in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf of or on account of the person offering goods,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER's website,
ORDER PLACER: The real or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and BUYER,
GOODS: Refers to movable property subject to trading and intangible goods such as software, audio, video, and similar items prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Baray Textile Industry and Trade Ltd. Co.
Address: Yedieylül Mh. Ekoten Cd. No:9/8 Torbalı / İzmir
Phone: +905541751063
Email: [email protected]
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
6.1. The basic features of the Goods/Product(s)/Service (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign has been organized by the Seller, you can examine the basic 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 sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules-policy and conditions with current principles stated below regarding the protection, privacy, processing-use of information and communications and other matters are valid on the WEBSITE.
8.1. Necessary measures have been taken in the system infrastructure on the SELLER's side for the security of information and transactions entered by the BUYER on the WEBSITE, according to today's technical capabilities depending on the nature of the information and transaction. However, since this information is entered from the BUYER's device, the responsibility for protecting them and preventing access by irrelevant persons, including those related to viruses and similar harmful applications, belongs to the BUYER.
8.2. In addition to and in confirmation of other personal data and commercial electronic communication permissions given by the BUYER; The information obtained during the BUYER's membership to the WEBSITE and purchases can be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used and processed in other ways indefinitely or for the period they foresee by the SELLER for various products/services provision and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. This data can also be transmitted to relevant Authorities and Courts when legally required. The BUYER has consented and permitted the use, sharing, and processing of their existing and new information, both personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can always stop data usage-processing and/or communications by reaching the SELLER through the specified communication channels and/or by exercising their right of rejection in electronic communications sent to them through the same channels in accordance with legal procedures. According to the BUYER's explicit notification on this matter, personal data processing and/or communications to them are stopped within the legal maximum period; additionally, if desired, information other than those that must be legally preserved and/or possible will be deleted from the data recording system or made anonymous in a way that their identity will not be known. If the BUYER wishes, they can always apply to the SELLER through the above communication channels and get information about matters such as the processing of personal data, persons to whom it is transferred, correction if it is incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against themselves through analysis with automatic systems, compensation for damage in case of illegal processing of data. Their applications and requests on these matters will be fulfilled within legal maximum periods or may not be accepted by explaining the legal justification to them.
8.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/complete use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes become valid from the moment they are announced by the SELLER through the WEBSITE or other appropriate methods.
8.6. Their own privacy-security policies and terms of use are valid on other sites accessed from the WEBSITE, the SELLER is not responsible for any disputes and negative consequences that may occur.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and become informed about the basic characteristics of the product subject to the agreement, its sales price and payment method, and preliminary information regarding delivery on the SELLER's website, and have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have correctly and completely obtained the address that must be given to the BUYER by the SELLER before the establishment of the distance sales agreement, the basic features of the ordered products, the price of the products including taxes, and payment and delivery information.
9.2. Each product subject to the agreement will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, not exceeding the 30-day legal period. In case the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the agreement is reserved.
10. RIGHT OF WITHDRAWAL
10.1. In case the distance contract is related to the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the specified address, by notifying the SELLER, without assuming any legal and criminal liability and without showing any reason. In distance contracts regarding service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the service begins with the consumer's approval before the withdrawal right period expires. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that they have been informed about the right of withdrawal by accepting this agreement.
10.2. For the use of the right of withdrawal, written notification must be made to the SELLER within 14 (fourteen) days by registered mail, fax, or email, and the product must not have been used within the framework of the "Products That Cannot Be Subject to Right of Withdrawal" provisions regulated in this agreement. When this right is used,
11. PRODUCTS THAT CANNOT BE SUBJECT TO RIGHT OF WITHDRAWAL
According to the Regulation, it is not possible to return underwear bottom pieces, swimwear and bikini bottoms, makeup materials, single-use products, goods that are likely to spoil quickly or expire, products that are unsuitable for return for health and hygiene reasons if opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines except those provided under subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if their packaging has been opened by the BUYER. Additionally, according to the Regulation, it is not possible to use the right of withdrawal for services whose performance has begun with the consumer's approval before the withdrawal right period expires.
For cosmetic and personal care products, underwear products, swimwear, bikini, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untried, undamaged and unused.
12. DEFAULT STATUS AND LEGAL CONSEQUENCES
In case the BUYER defaults when making payment transactions with a credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement between the card issuer bank and themselves and will be responsible to the bank. In this case, the relevant bank may pursue legal remedies; may claim expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay for the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or consumer court at the place of residence of the consumer or where the consumer transaction was made, within the monetary limits specified in the Law.
14. EFFECTIVENESS
When the BUYER completes the payment for their order placed through the Site, they are deemed to have accepted all terms of this agreement. The SELLER is obligated to make the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the site before the order is completed.
SELLER: Baray Textile Industry and Trade Ltd. Co.
BUYER:
DATE: