Distance Sales Agreement
Distance Sales Agreement
This Agreement covers the cases where the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's https://www.dakareklam.com/ electronic commerce website ("INTERNET SITE"), including the cases where he/she makes transactions with the application on his mobile device. regulates the rights and obligations of the parties regarding the sale-delivery of the specified product/service ("Product/Products") to the BUYER and other issues. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected by the payment method he/she chooses.
Article 1: PARTIES
Article 2: CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Type, Quantity, Brand/Model/Color, Unit Price(s) and Sale Price of the Products (goods/services) and Delivery Information including the Payment (collection) Information and the place of delivery notified by the BUYER are as follows. If the courier company that will make the delivery does not have a branch in the BUYER's location, the BUYER must receive it from another nearby branch to be notified by the SELLER (Necessary information will be provided to the BUYER by e-mail/mail, SMS or telephone). Other matters related to delivery are specified in Article 7 of the Contract below.
Payment (Collection) Information
Payment Method-Means: (Credit Card / Credit Card or Cash Collection at the Door)
[Card Type Visa....
Card number .....
Payment Credit card ...
To Credit Card Installment/Single Payment .
Total amount ... ]
Article 3- ISSUES THAT THE BUYER WAS INFORMED BEFORE
The BUYER confirms that he/she has been informed about the following issues by seeing and examining all the general-specific explanations on the relevant pages-sections of the WEBSITE, before the BUYER accepts this Agreement on the WEBSITE and is placed under the obligation to make an order or a payment. - The SELLER's title and contact information and up-to-date introductory information, - The sales process stages during the purchase of the product(s) from the WEBSITE, and the appropriate tools-methods for correcting the incorrectly entered information, - Professional Chamber of which the SELLER is a member ( ITO-Istanbul Chamber of Commerce) and electronic contact information (Telephone: 4440486, www.ito.org.tr) that can be obtained by the ITO's rules of conduct regarding the profession - Confidentiality, data usage-processing and BUYER applicable to the BUYER information applied by the SELLER. Electronic communication rules to 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 use of the rights of the parties, - Shipping restrictions stipulated by the SELLER for the Products, - For the Product(s) subject to the contract The payment method-means accepted by the SELLER and the basic features-attributes of the Products, the total price including taxes (including the related expenses, The total price to be paid by the SELLER to the SELLER), - Information on the procedures regarding the delivery of the Products to the BUYER and shipping-delivery-cargo costs, - Other payment/collection and delivery information regarding the products and the performance of the Contract, in these matters commitment-responsibilities of the parties, - Products and other goods and services for which the BUYER does not have the right of withdrawal, - In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the time limit, the BUYER will lose its right of withdrawal, - Withdrawal In cases where the SELLER accepts, the BUYER's request for withdrawal may not be accepted and the SELLER will be liable in any case, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal functioning or technical specifications during the withdrawal period. collect an amount that he deems appropriate according to the said disorder or change, by deduction (offset) from the repayment to be made to the BUYER. - How to return the Products to the SELLER in cases where there is a right of withdrawal, and all related financial issues (including the ways of returning, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return), - THE BUYER' If the Company is a legal person, it cannot exercise its "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature), Since this Agreement is sent to the BUYER by e-mail after it has been approved by the BUYER on the WEBSITE, it can be stored and accessed for the period requested by the BUYER, and the SELLER may keep it for three years. - In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
Article 4- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement without giving any reason and without paying any penalty within fourteen (14) days from the date of receipt of the Product. However, there is no right of withdrawal in the contracts regarding the following goods/services, even if they have not been used/used:
a) Goods prepared in line with the special requests of the BUYER or his personal needs (including those that are customized to the person / personal needs by making changes or additions, special Products imported / supplied from the country or abroad based on the BUYER's order) b) cosmetics, etc. with chocolate etc. perishable or expired goods, such as foodstuffs
c) cosmetics, swimwear, underwear products, etc. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return in terms of health-hygiene
d) goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Books, CDs, DVDs, audio and video recordings, software, etc., whose protective elements such as packaging, tape, seal, package have been opened. all kinds of digital products and computer consumables; vi) all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer
f) goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller/supplier,
g) periodicals such as newspapers and magazines, other than those provided under the subscription agreement
h) the service of accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be done on a certain date or period.
i) Services started to be performed within the period of the right of withdrawal with the approval of the BUYER, and
j) other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation, and the cases where the BUYER makes purchases for commercial/professional purposes. In cases where it is possible to use the right of withdrawal, the BUYER is liable by law for the changes and deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation until the withdrawal date, the BUYER may lose its right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the product to be returned, up to the change / deterioration. In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/written to the above-mentioned contact addresses) within the legal 14-day period, indicating that the BUYER has exercised its right of withdrawal. In case the aforementioned right is exercised within the time limit, it is obligatory to send the Product to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted courier company is specified for product returns on the WEBSITE, the BUYER can send the Product from a branch within or outside the District where it is located, in this case, no cost will be charged to the BUYER. In this return process, the product must be delivered complete and undamaged with its box, packaging and standard accessories, if any. In addition, as per the tax legislation, in addition to the cases where a Return Invoice must be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued). "The address to which the product will be returned, the SELLER's address / the address of the courier company delivered for the return." Provided that the above-mentioned requirements are fulfilled by the BUYER, the product price and, if any, the delivery costs of the Product to the BUYER are returned to the BUYER in accordance with the payment instrument used when purchasing the Product, within 14 days from the date of receipt of the withdrawal notice to the SELLER. is done. The BUYER's legal rights-responsibilities after the withdrawal period regarding the Products and the SELLER's contractual and legal rights and obligations from the BUYER, including the findings regarding the award points, are also present and valid.
ARTICLE 5 - SPECIAL TERMS APPLIED WHEN THE BUYER EARNS PRIZE POINTS AND/OR PAYS THE SELLER USING REWARD POINTS WHEN PURCHASING THE CONTRACTUAL PRODUCT
5.1. Between an organization that earns award points, etc., and the BUYER and SELLER, discounts, etc. In the presence of a current agreement-contract that allows the purchaser to provide such an award point, due to the said agreement of the SELLER and the contract with the mentioned organization, the BUYER has such an award point due to the transaction subject to this Agreement, the cancellation of this Agreement and the termination of the contract by other means. In cases where a refund is made to the BUYER with the cancellation of the order, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER with the purchase subject to this Agreement is taken back from the BUYER. as follows; unless a different method is foreseen in the SELLER's agreement with the relevant organization, if the BUYER has sufficient other reward points (excluding the reward points earned by the shopping subject to this Agreement) at the mentioned institution-system, first of all, those award points are not available. is made by deducting (deducting) in cash from the price to be returned by the SELLER to the BUYER.
5.2. Payment to the SELLER by the BUYER in the purchase of the Product subject to this Agreement is partially / completely reward points, etc. if the product purchased in this way is to be returned to the BUYER in accordance with the relevant provisions of this Agreement, the reward point used by the BUYER in the SELLER when purchasing the Product on the WEBSITE, and similar items can be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant institution.
5.3. In cases where unfair reward points are gained or used by the BUYER in any way, as a general rule, the monetary value-amount of the said award points may be collected from the BUYER (by credit card, cash and other legal methods) by the SELLER. This provision is also valid for the price of the goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.4. Other matters related to the acquisition and use of award points and the like are subject to the provisions of the agreements-contracts between the said institution and the BUYER and the SELLER, and where relevant, the SELLER may use all certain rights-authorities before the BUYER and the organization, both here and in the aforementioned contract-agreements, It may also perform related transactions on behalf and/or account of the specified organization and/or other workplaces in the same system.
5.5. Reward points, gift certificates, etc. earned from the SELLER or used by the SELLER. Cash money requests in return are not accepted under any circumstances.
5.6. The SELLER accepts no liability for the disputes between the BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; The above provisions are valid and reserved.
5.7. The above provisions, if any, are applied by analogy in the acquisition and use of reward points obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in their payments to the SELLER, thus, the BUYER accepts the above special conditions (also).
ARTICLE 6 - SECURITY-PRIVACY, PERSONAL INFORMATION, RULES ON ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Article 7- GENERAL PROVISIONS
7.1. The product subject to the contract is delivered to the BUYER or to the third person/organization at the address indicated on the WEBSITE, provided that the legal 30-day period is not exceeded, on the principles specified below. The SELLER sends and delivers the Products through the contracted cargo company for its shipments. In the event that this cargo company does not have a branch at the location of the BUYER, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER. Products in stock are delivered to cargo within three (3) working days at the latest from the date of order. However, if there are products with a campaign in the same order, the campaign is expected to end, and then, within 3 (three) working days at the latest, all the Products subject to the order are delivered to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) working days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, the delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the campaigns it carries out at the time of sale and announced the terms on the WEBSITE.
7.3. In the event that the BUYER is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In the event that there is no one to take delivery at the address, it is the BUYER's responsibility to follow up the shipment of the products by contacting the cargo company. If the product 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 is not present at the address or does not accept the delivery. In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
7.4. The BUYER is responsible for checking the Product as soon as he receives it and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER or demands a refund of the price paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation; In cases where the BUYER pays the sales price with his credit card, installment card etc. from banks (including financing institutions), all the facilities provided by these cards are credit and/or installment payment opportunities directly provided by the card issuer; Product sales realized within this framework and for which the SELLER collects the price all at once or step by step, are not sales on credit or installments for the parties of this Agreement, they are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract in case the installments are not paid and/or demand the payment of the remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default of the BUYER, monthly default interest is applied as stipulated by the applicable laws.
7.6. If the product cannot be delivered within the legal maximum 30 days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, on the condition of informing the BUYER in accordance with the law and obtaining his verbal / written approval, another good / service with equal quality-price is procured. and it shall be deemed to have fulfilled its contractual commitment in this way. Whether or not the BUYER gives such consent
The company is free in all respects and in cases where it does not give approval, the contractual-legal provisions regarding the cancellation of the order (Contract termination) are applied.
7.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the product price is collected, it is returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER in the payment of the Product price to the SELLER. For example, in credit card payments, the refund is made by way of a refund to the BUYER's credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays (banks usually take three weeks to reflect the refund to the BUYER account. ). The SELLER has and reserves the right to set off, discount and deductible for the price to be refunded, arising from this Agreement and the law. The BUYER's legal rights regarding the cases where the Contract is terminated by the BUYER due to the SELLER's non-performance are also reserved and available.
7.9. The BUYER may notify the SELLER, verbally or in writing, about his requests and complaints regarding the Product and sale, by reaching the SELLER communication channels in the preamble of the Contract.
7.10. Some of the matters written in article 3 above may not be included in this Agreement due to their nature; However, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as on the sales stages or general information pages/sections of the WEBSITE.
7.11. The BUYER can always access and review the aforementioned Information and this Agreement by saving and storing the aforementioned e-mail on his device, since they are sent to the e-mail address that he has declared after acceptance. On the other hand, it is kept for three years in the systems owned by the SELLER.
7.12. SELLER records (including records in magnetic media such as computer-sound recordings) constitute evidence in the resolution of any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8- LEGAL REMEDIES OF THE BUYER - AUTHORIZED JURISDICTIONS
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Customs and Trade, and Consumer Courts in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of the BUYER or, if he wishes, of the SELLER. The BUYER has read all the conditions and explanations written in this Contract and in the order-contract pre-notifications (INTERNET SITE), which form an integral part, the main feature-attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, SELLER. and all other preliminary information about the Product subject to sale, including the right of withdrawal, personal information, electronic communication and award points, all matters written in Article 3 of this Agreement, that he has seen all of them electronically on the WEBSITE, and again, by giving confirmation-approval-acceptance-permission to all these in electronic environment, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product. Both the aforementioned preliminary information and this Agreement are also sent to the above e-mail (mail) address that the BUYER has notified to the SELLER, and the confirmation of the receipt of the order is also included in the aforementioned e-mail along with the order summary.