Distance Sales Agreement

Distance Sales Agreement

 

 ARTICLE 1 - PARTIES

 

 1.1 SELLER

 

 Title: Uzkar Express

 

 Address: Katip Kasım, Katip Kasım Cami Sk.  14/A, 34130 Fatih/Istanbul

 

 Phone:+90 212 458 55 54

 

 E-mail address: info@uztrenbol.com

 

 Product return address: Katip Kasım, Katip Kasım Cami Sk.  14/A, 34130 Fatih/Istanbul

 

 1.2 BUYER

 

 Name and surname:…………………

 

 Address:………………………

 

 Telephone:………………..

 

 E-mail address:…………………

 

 

 ARTICLE 2 - SUBJECT

 

 2.1 The subject of this Agreement is the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are stated below, which the BUYER has ordered electronically from the UZtrendbol.com website belonging to the SELLER. determination of the rights and obligations of the parties.

 

 

 ARTICLE 3 - CONTRACTING PRODUCT

 

 3.1 The Type and Type, Quantity, Brand/Model, Color and Sale Price and Delivery Information of the Products are as follows.

 

 Description Quantity VAT Included Subtotal

 

 ………………………………..…,… TL…,…TL

 

 ………………………………..…,… TL…,…TL

 

 ………………………………..…,… TL…,…TL

 

 Order Processing and shipping fees…,…TL

 

 Payment Method: Wire Transfer, Eft or Cash on Delivery.

 

 Maturity Difference…,…TL

 

 Total (VAT Included)…,…TL

 

 Delivery address……………………………

 

 Person to be Delivered……………………………….

 

 Billing address……………………………

 

 ARTICLE 4 - GENERAL PROVISIONS

 

 4.1.  The BUYER has read and read the preliminary information on the uztrendbol.com website regarding the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method and the delivery, the costs of which will be borne by the BUYER, the delivery time and the full trade name, full address and contact information of the SELLER. declares that it has correct and complete information and gives the necessary confirmation in electronic environment. The preliminary information form on the payment page of the uztrendbol.com website and the invoice for the sale are integral parts of this Agreement.

 

 4.2 These two copies of the Contract previously signed by the SELLER are signed by the BUYER at ………… hours ……….  It has been signed and accepted on the date and a copy will be sent to the recipient's e-mail address.

 

 4.3 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the 30-day period.  The SELLER reserves the right to extend an additional 10 (ten) days with a written notification within 30 (thirty) days from the order of the goods/services.

 

 4.4 All kinds of shipping costs related to the delivery shown in Article 3 shall be borne by the BUYER.  If the SELLER has declared on the website that the delivery fee will be covered by those who shop more than the amount declared or in some campaigns, the delivery cost is covered by the SELLER.  delivery;  It is done as soon as possible after the stock is available and the cost of the goods is transferred to the SELLER's account.

 

 4.5 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

 

 4.6 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

 

 4.7 SELLER'S white goods, sofas, armchairs, etc.  Large-volume items do not have to be delivered to addresses on high floors.

 

 4.8 The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

 

 4.9. The BUYER has the responsibility of inspecting the goods before delivery.  Before receiving the goods, the BUYER should inspect the goods in an environment where the courier company is present, and should not take delivery of the defective and damaged goods and keep a report describing the relevant defect and damage.  The BUYER accepts that the product received from the cargo is intact and undamaged.

 

 4.10 If the SELLER fails to fulfill its obligations under the Contract in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the consumer of this situation before the expiry of the performance obligation arising from the Contract and may supply the BUYER with a different product of equal quality and price.

 

 4.11 For the delivery of the product subject to the contract, the signed copy of this Contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER.  If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

 

 4.12 In case the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not due to the BUYER's fault, provided that the BUYER has delivered the product to the SELLER. It must be sent to the SELLER within the same day.  In this case, the shipping costs belong to the BUYER.

 

 4.13 If the SELLER cannot deliver the product subject to the Contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER.  In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed.  In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.

 

 4.14 The prices listed and announced on the website are sales prices.  Advertised prices and promises are valid until updated and changed.  Prices announced for a period of time are valid until the end of the specified period.

 

 4.15 Additional fees such as shipping fee, all other taxes, duties, etc., which are the shipping costs of the product, shall be paid by the BUYER.

 4.16 The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, in accordance with the principles of business integrity and honesty. It accepts, declares and undertakes to perform, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.

 4.17 The SELLER may supply a different product with the same quality and price, by informing the BUYER and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.

 4.18 In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 10 days after the order is canceled by the BUYER.  The reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, and it is not possible for the SELLER to intervene in any way regarding this issue.

 

 

 ARTICLE 5 - RIGHT OF WITHDRAWAL

 

 5.1 The BUYER has the right to withdraw without having to show any reason within 7 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated.

 

1. a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)

 

1. b) Return form,

 

1. c) Within 10 days following the receipt of these documents to the SELLER, the product price is returned to the BUYER and the product is returned within 20 days.  The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.

 

 5.2 When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned, and if the invoice is not sent to the SELLER with the product, VAT and other legal obligations, if any, cannot be returned to the BUYER.  On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.

 

 

 

 ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

 

 6.1 The distance sales contract approved electronically between the Parties must be unused within the framework of the provisions of Article 15 titled "exceptions to the right of withdrawal" of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and must be resold by the SELLER.  The BUYER will not be able to use the right of withdrawal in the following contracts:

1. a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER.
2. b) Contracts for goods prepared in line with the consumer's wishes or personal needs
3. c) Contracts for the delivery of perishable or expired goods

 ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery;  Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.

1. d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
2. e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
3. f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
4. g) Contracts for accommodation, transportation of goods, car rental, catering and leisure time for entertainment or recreation, which must be made on a certain date or period.

 ğ) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.

1. h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.

 6.2 In areas such as food, beverages or other daily consumption items delivered to the BUYER's residence with the regular deliveries of the SELLER, such as travel, accommodation, restaurant, entertainment sector, which are outside the scope of application of the Distance Contracts Regulation of the Goods/Services subject to the contract In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.

 

 ARTICLE 7 - DEBT DEBT

 

 7.1 In the event that the BUYER is in default, the BUYER agrees to pay the SELLER's loss and damage due to the delayed performance of the debt.  In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

 

 7.2 The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement that the cardholder bank has made with him in case of default in the transactions he has made with his credit card.  In this case, the relevant bank may take legal action;  may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

 

 ARTICLE 8 - AUTHORIZED COURT

 

 8.1 In the implementation of this Agreement, T.C.  Consumer Arbitration Committees and Consumer Courts in the SELLER's residence are authorized up to the value declared by the Ministry of Customs and Trade.  In case the order is approved, the BUYER shall be deemed to have accepted all the terms of this Agreement.

 

 8.2 SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.  The parties have accepted that the Consumer Courts of the BUYER and the SELLER will be authorized in the disputes arising from the implementation and interpretation of the Agreement, in cases exceeding the Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, within the monetary limits determined within the framework of the legislation.

 

 ARTICLE 9- EFFECTIVENESS

 9.1 In the event that the payment for the order placed on the Site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement.  The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that the BUYER has read and accepted it.

 

 SALES PERSON

 Uzkar Express

 BUYER

 

 ……………..

 

 DATE

 ……………..