Distance Sales Agreement

 

• PARTIES

İşbu Sözleşme aşağıdaki taraflar arasında, aşağıda belirtilen hüküm ve şartlar çerçevesinde imzalanmıştır.

• ‘BUYER’ ; (hereinafter referred to as the “BUYER” in this Agreement)

Name – Surname :

ID No :
Address :

• ‘SELLER’ ; (hereinafter referred to as the “SELLER” in this Agreement)

Company Name : BABAKAMP TOURISM AGRICULTURE AND TRADE LTD. CO.

Address : Karaağaç Neighborhood, Karaağaç Street No:43 Fethiye / MUĞLA

Tax Administration / No : Fethiye / 128 047 5377

 

By accepting this agreement, the BUYER agrees in advance that they will be obliged to pay the order amount, shipping fee if any, additional charges such as taxes, and acknowledges that they have been informed about this obligation, upon confirming the order subject to the contract.

• DEFINITIONS

The terms mentioned below in this contract will represent the explanations written next to them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: Any transaction other than providing movable goods in return for a fee or benefit,

SELLER: The company offering goods to the consumer within the scope of commercial or professional activities or acting on behalf or account of the person offering goods,

BUYER: The natural or legal person who acquires, uses or benefits from goods or services for non-commercial or professional purposes,

WEBSITE: The website owned by the SELLER,

ORDERER: The natural or legal person who requests a product or service via the SELLER’s website,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOOD: Movable goods subject to shopping and intangible goods such as software, sound, images and similar goods prepared for use in electronic media.

• 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, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the website owned by the SELLER.

The prices listed and announced on the website are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced for a certain period are valid until the end of the specified period.

 

SELLER INFORMATION

Company Name : BABAKAMP TOURISM AGRICULTURE AND TRADE LTD. CO.

Address : Karaağaç Neighborhood, Karaağaç Street No:43 Fethiye / MUĞLA

Phone : +905319119709

E-mail : info@solunawear.com

Website : www.solunawear.com

 

BUYER INFORMATION

Recipient:

Delivery Address:

Phone:

Fax:

Email/username:

 

ORDERER INFORMATION

Name/Surname/Title:

Address:

Phone:

Fax:

Email/username:

 

• INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
• The basic features of the product(s)/service(s) are published on the SELLER’s website. If a campaign has been organized by the seller, you can find the basic features of the related product during the campaign period. It is valid until the campaign date.
• The prices listed and announced on the website are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced for a certain period are valid until the end of the specified period.
• The total sales price, including all taxes, of the product or service subject to the contract is as follows:

Product Description	Amount	Price per piece	Total (VAT included)
Shipping Fee
Total :

 

Payment Method and Plan

Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

• The shipping cost, which is the shipping cost, will be paid by the BUYER.

• INVOICE INFORMATION

Name/Surname/Title :

ID No./Tax ID :

Address :

Phone :

Fax :

Email/username :

 

Invoice Delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.

• GENERAL PROVISIONS

The BUYER, by accepting this agreement, acknowledges, declares, and undertakes that they have read and become informed about the main characteristics of the product, the sales price, and the payment method, and all preliminary information about the delivery, provided on the SELLER’s website.

Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within 30 days from the date of receipt of the order by the SELLER, depending on the distance of the BUYER’s place of residence, provided that the legal 14-day period does not expire. If the product cannot be delivered to the BUYER within this period, the BUYER may terminate the contract.

The SELLER agrees, declares, and undertakes to deliver the contractual product fully, in accordance with the specifications specified in the order, and with the warranty documents, user manuals, and technical information, if any, required by the job, in accordance with the requirements of integrity and honesty, and to show the necessary care and diligence during the performance of the job, to act with caution and foresight. If the SELLER realizes that the performance of the contract becomes impossible, they shall notify the BUYER in writing within 3 days from the date of learning about this situation and refund the total price to the BUYER within 14 days.

If the BUYER does not fulfill their payment obligation, the SELLER’s obligation to deliver the product shall end.

If the bank or financial institution does not pay the price of the product to the SELLER due to the unjust use of the BUYER’s credit card by unauthorized persons after the delivery of the product to the BUYER, not because of the BUYER’s fault, the BUYER must return the product to the SELLER within 3 days, provided that the cargo fee is covered by the SELLER.

If the SELLER cannot deliver the product subject to the contract within the period due to extraordinary circumstances such as force majeure or adverse weather conditions that prevent transportation, hindrance in transportation, discontinuation of transportation, and events of nature that prevent transportation, they shall 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 equivalent if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, if any payment has been made in cash, it will be refunded to them within 14 days. If the BUYER has made the payment by credit card, the product amount will be refunded to the bank within 14 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER’s accounts after the return to the bank completely depends on the bank transaction process, the BUYER accepts and declares in advance that the SELLER cannot be held responsible for possible delays.

The product will be delivered to the person/organization at the address indicated in the preliminary information on the website, provided that it does not exceed the legal 14-day period. If the product is to be delivered to another person/organization, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. The SELLER shall not be liable for the delivered product if it is delivered to another person/organization at the address indicated in the preliminary information, even if the BUYER explicitly states that they are authorized to receive the product. Delivery of the product to persons under 18 is not made. The SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

The SELLER shall be responsible for the delivery of the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

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

The SELLER shall be responsible for the delivery of the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

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

If the SELLER fails to deliver the product subject to the contract within 10 days due to force majeure, the adverse weather preventing transportation, and other extraordinary circumstances that prevent the transportation, and events of nature that prevent transportation, the BUYER will be informed of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its equivalent if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, if any payment has been made in cash, it will be refunded to them within 14 days. If the BUYER has made the payment by credit card, the product amount will be refunded to the bank within 14 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER’s accounts after the return to the bank completely depends on the bank transaction process, the BUYER accepts and declares in advance that the SELLER cannot be held responsible for possible delays.

The SELLER reserves the right to unilaterally cancel the order if it cannot be supplied due to force majeure or if the product subject to the contract cannot be procured. In this case, the BUYER will be informed immediately. If the payment has been made in cash, it will be refunded within 14 days. Since the reflection of this amount to the BUYER’s accounts after the return to the bank completely depends on the bank transaction process, the BUYER accepts and declares in advance that the SELLER cannot be held responsible for possible delays.

If the bank or financial institution does not pay the price of the product to the SELLER due to the unjust use of the BUYER’s credit card by unauthorized persons after the delivery of the product to the BUYER, not because of the BUYER’s fault, the BUYER must return the product to the SELLER within 3 days, provided that the cargo fee is covered by the SELLER.

The product will be delivered to the person/organization at the address indicated in the preliminary information on the website, provided that it does not exceed the legal 14-day period. If the product is to be delivered to another person/organization, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. The SELLER shall not be liable for the delivered product if it is delivered to another person/organization at the address indicated in the preliminary information, even if the BUYER explicitly states that they are authorized to receive the product. Delivery of the product to persons under 18 is not made. The SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

The SELLER shall be responsible for the delivery of the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to another person/organization from the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

RIGHT OF WITDRAWAL

Buyer; in case the distance contract relates to the sale of goods, has the right to withdraw from the contract by refusing the goods without any legal or criminal liability and without any justification, within 14 (fourteen) days from the delivery date of the product to himself/herself or the person/organization at the address specified, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the service has started to be performed with the consumer’s approval before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that he/she has been informed about the right of withdrawal.

 

To exercise the right of withdrawal within the 14-day period, it is necessary to notify the SELLER by registered mail, fax, or email, and the product must not be used within the scope of the “Products for Which the Right of Withdrawal Cannot Be Used” provisions specified in this contract. In the event of exercising this right:

 

1. a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Order returns made on behalf of corporations will not be completed if the RETURN INVOICE is not issued.)
2. b) Return form,
3. c) The box of the products to be returned, its packaging, if any, and its standard accessories, if any, must be complete and undamaged.
4. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification, and to take back the goods within 20 days.
5. e) If there is a decrease in the value of the goods due to a reason caused by the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is obliged to compensate the damages of the SELLER in proportion to his/her fault. However, the BUYER is not responsible for the changes and deteriorations in the goods or the product that occur due to the proper use within the right of withdrawal period.
6. f) If the campaign limit amount arranged by the SELLER is reduced due to the exercise of the right of withdrawal, the amount of the discount benefited within the scope of the campaign is canceled.

• RIGHTS OF WITHDRAWAL FOR PRODUCTS THAT CANNOT BE RETURNED

The following items cannot be returned under the buyer’s request or items prepared specifically according to personal needs, intimate apparel, swimsuits and bikini bottoms, makeup products, disposable items, goods at risk of quick deterioration or with a possibility of expiration date passing, products that are not suitable for return due to health and hygiene reasons if their packaging is opened by the buyer after delivery, products that are mixed with other items after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, services instantly provided in electronic form or non-material goods instantly delivered to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables; if their packaging is opened by the BUYER, they cannot be returned according to the Regulation. Additionally, the right of withdrawal cannot be exercised for services that have started to be performed with the consumer’s approval before the expiration of the withdrawal period according to the Regulation.

 

Cosmetic and personal care products, intimate apparel, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) can be returned only if their packaging is unopened, untested, undamaged, and unused.

 

DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in case of payment made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest to the bank within the framework of the credit card agreement between the cardholder and the bank, and they will be responsible towards the bank. In this case, the relevant bank may apply to legal remedies; it may demand the expenses and attorney’s fees from the BUYER, and in any case, in case of the BUYER’s default due to the delayed performance of the debt, the BUYER accepts, declares, and undertakes that they will pay the damages incurred by the SELLER.

 

COMPETENT COURT

In disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration committee or the consumer court where the consumer’s residence is located or where the consumer transaction is made, within the monetary limits specified in the following law. The information about the monetary limit is as follows:

Effective from 28/05/2014:

1. a) In disputes with a value below 2,000.00 (two thousand) Turkish Liras in accordance with Article 68 of the Law on the Protection of Consumers No. 6502, complaints will be made to the district consumer arbitration committees,
2. b) In disputes with a value below 3,000.00 (three thousand) Turkish Liras, complaints will be made to the provincial consumer arbitration committees,
3. c) In metropolitan cities, complaints with a value between 2,000.00 (two thousand) and 3,000.00 (three thousand) Turkish Liras will be submitted to the provincial consumer arbitration committees.

 

This Agreement is made for commercial purposes.

• ENTRY INTO FORCE

BUYER is considered to have accepted all the terms of this agreement when they make the payment for the order placed on the website. SELLER is responsible for making the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the website before the order is placed.

 

SELLER: BABAKAMP TOURISM AGRICULTURE AND TRADE LTD. CO.

BUYER:

DATE: