Distance Sales Agreement

ARTICLE 1- PARTIES

1.1. SELLER:

Title: AKSEN İPEK SANAYİ VE DIŞ TİCARET LİMİTED ŞİRKETİ
Address:Turgut Özal Avenue, Sultançiftliği Neighborhood, Denizer Street, Parkverde, B1, Floor:1, No:8, Taşdelen, Çekmeköy, Istanbul, Turkey
Telephone:0850 885 01 66
 

1.2- BUYER:

Name/Surname/Title: [[sozlesme.Alici_AdSoyad]]
Email: [[sozlesme.Alici_Email]]

ARTICLE 2- SUBJECT

The subject of this agreement is the sale and delivery of the product whose specifications and sale price are specified below, ordered electronically by the BUYER from the SELLER's website [[sozlesme.SiteDomain]], and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts.

ARTICLE 3- PRODUCT OF THE AGREEMENT

3.1- The type and kind of products, quantity, brand/model, color, and sale price including taxes (as unit x unit price) are specified below.

[[sozlesme.Siparis_Urunler]]

3.2- Payment Method: [[sozlesme.Odeme_Tipi]]

If you place an order in installments with a credit card:
Your bank may organize campaigns and apply a higher number of installments than the number of installments you selected, and may offer services such as installment deferral. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages.
From the billing date of your credit card, the total order amount will be divided by the number of installments and reflected in your credit card summary by your bank. The bank may not distribute the installment amounts equally across the months, taking into account the rounding differences. The creation of your detailed payment plan is at your bank's discretion.

3.3- On the other hand, since installment sales are only made with credit cards belonging to Banks, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.

Return Procedure:

A) CREDIT CARD REFUND PROCEDURE

In cases where the BUYER exercises their right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or where the Consumer Arbitration Committee decides to refund the price to the Consumer, if the purchase was made with a credit card and in installments, the credit card refund procedure is specified below:
The Bank refunds the customer in installments according to the number of installments the customer purchased the product with. After the SELLER pays the full product price to the bank in one go, in the event of a refund of installment payments made through bank POS terminals to the customer's credit card, the requested refund amounts are transferred by the Bank to the account of the holder in installments again, so that the involved parties do not fall into a disadvantaged situation. The installment amounts paid by the customer up to the cancellation of the sale, if the refund date and the card billing dates do not overlap, will be reflected as 1 refund to the card every month, and the customer will receive the number of months equal to the number of installments they paid before the refund after the installments of the sale are over, and it will be deducted from their current debts.
In the event of a return of goods and services purchased with a card, the SELLER cannot pay the Customer in cash by virtue of the agreement made with the Bank. The Merchant, i.e., the SELLER, will make the refund through the relevant software in the event of a refund transaction, and since the Merchant, i.e., the SELLER, is obliged to pay the relevant amount to the Bank in cash or by offset, cash payment cannot be made to the Customer in accordance with the procedure explained above. The credit card refund will be made by the Bank according to the above procedure after the SELLER pays the price to the Bank in one go.
The BUYER accepts and undertakes that they have read and accepted this procedure.

B) RETURN PROCEDURE IN THE CASE OF WIRE TRANSFER/EFT PAYMENT OPTION

In payments made by Wire Transfer/EFT, the refund will be made to the account specified by the Consumer by requesting the bank account information from the Consumer, and in the form of Wire Transfer or EFT (provided that the account is in the name of the person in the billing address or the user member).

3.4- Delivery Method and Address:

Person to be Delivered to: [[sozlesme.Teslimat_AdSoyad]]
Contact Information of the Person to be Delivered to: [[sozlesme.Teslimat_TelefonGsm]]
Delivery Address: [[sozlesme.Teslimat_Adres]]
Billing Address: [[sozlesme.Fatura_Adres]]

The delivery will be made by hand at the address specified above by the BUYER through the cargo company ([[sozlesme.KargoFirmasi]]). Even if the BUYER is not present at the address at the time of delivery, the SELLER will be considered to have fulfilled its obligation fully and completely. Therefore, all damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the SELLER also belong to the BUYER.
Cargo Fee: [[sozlesme.KargoUcreti]] and the cargo price is added to the total order amount and paid by the customer. It is not included in the product price.
[[sozlesme.Fatura_GonderimTipiUcreti]]

ARTICLE 4- GENERAL PROVISIONS

4.1- The BUYER declares that they have read the basic characteristics of the product subject to the agreement, the sale price, the payment method, and the preliminary information regarding delivery on the [[sozlesme.SiteDomain]] website, that they are informed, and that they have given the necessary confirmation electronically.

4.2- The product subject to the agreement will be delivered to the BUYER or the person/organization at the address shown within the period explained in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that the legal 30-day period is not exceeded and for each product.

4.3- If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization not accepting the delivery.

4.4- The SELLER is responsible for delivering the product subject to the agreement in sound, complete condition, suitable for the characteristics specified in the order, and with warranty documents and user manuals if any.

4.5- For the delivery of the product subject to the agreement, it is a condition that a signed copy of this agreement is delivered to the SELLER and that the price is paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is considered released from the obligation to deliver the product.

4.6- After the delivery of the product, if the credit card belonging to the BUYER is used by unauthorized persons in an unfair or unlawful manner not caused by the fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product back to the SELLER within 3 days, provided that it has been delivered to them.

4.7- Products sold with or without a warranty certificate that are defective or damaged can be sent to the SELLER for necessary repair by an authorized service within the (defect) warranty terms, in which case the cargo expenses will be covered by the SELLER.

ARTICLE 5- RIGHT OF WITHDRAWAL

The BUYER has the right to refuse the goods and withdraw from the agreement within 30 days from the delivery of the product subject to the agreement to them or to the person/organization at the address shown. The product price is refunded to the BUYER within 10 days from the date the Consumer's withdrawal notice reaches the SELLER. (See Article 9/2 of the Regulation on Distance Contracts) The cargo fee of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the Consumer has the right to refuse the goods or services and withdraw from the agreement within seven days from the date they received the goods or the agreement was signed, without assuming any legal or criminal liability and without stating any reason, and we undertake to take back the goods from the date the withdrawal notice reaches the SELLER or the provider.
In accordance with the General Communique of the Tax Procedure Law No. 395, the invoice containing the return section that we have sent to you must be filled out completely in the relevant sections and signed, and then sent back to us with the product.
However, since our Customers do not pay VAT on KKTC and international shipments, they are obliged to pay the taxes on the products they receive at customs. There is no right of withdrawal for Customers for products that are not received from customs by any means. Because, in accordance with Article 8 of the REGULATION ON THE PRINCIPLES AND PROCEDURES OF DISTANCE CONTRACTS, the Consumer has the right to refuse the goods and withdraw from the agreement within seven days from the date they received them, without assuming any legal or criminal liability and without stating any reason, in distance contracts regarding the sale of goods.

ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Due to their nature, products that cannot be returned, single-use products, copyable software and programs, products that spoil quickly or have passed their expiration date cannot be withdrawn. For the products below, the exercise of the right of withdrawal is subject to the condition that the product packaging is unopened, undamaged, and the product is unused.
-Portable Computers and Desktop Computers (They will not be accepted for return after the original operating system is installed, i.e., after the computer is set up.)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone credit orders
-Products that cannot be returned due to their nature (except cases where the product turns out to be defective or faulty, products that may pose a health hazard after opening, e.g.: products requiring direct contact with the body during use (in-ear or over-ear headphones, etc.), single-use products, copyable software and programs, products that spoil quickly or have passed their expiration date, and are not possible to return.

ARTICLE 7- DEFAULT PROVISIONS

If the parties do not fulfill their obligations arising from this agreement, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations will be applied. In cases of default, if any party does not fulfill its obligations within the period without a justified reason, the other party will give the party not fulfilling its obligation a period of 7 days for the fulfillment of the said obligation. If it is fulfilled within this period, the party not fulfilling its obligation will be considered in default, and the creditor will have the right to request the delivery of the goods by demanding the performance of the obligation, and/or the termination of the agreement and the refund of the price.
In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER [[sozlesme.SiteDomain]] cannot fulfill the contract obligations due to the impossibility of the performance of the goods or services subject to the order (the case where the product cannot be supplied by the supplier company in any way), it undertakes to notify the consumer of this situation before the expiration of the performance obligation arising from the agreement. In this case, XXX has the right to immediately terminate the agreement, and undertakes to refund the price of the product ordered by the Customer and all documents that bind them to debt, if any.
If [[sozlesme.SiteDomain]] cannot deliver the product subject to the agreement within the period due to force majeure reasons that may prevent the fulfillment of this obligation or weather conditions preventing transport, interruption of communication, fire, flood, flood, such extraordinary events, the BUYER, [[sozlesme.SiteDomain]] has no responsibility, and can exercise one of their rights: the cancellation of the order or the postponement until the obstructing situation is removed. If the BUYER cancels the order, the amount paid is paid to them within 10 days. (In installment purchases made with a credit card, the above procedure for refunding to the credit card is accepted by the BUYER)

ARTICLE 8- COMPETENT COURT

In the application of this agreement, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and the Consumer Courts in the place of residence of the BUYER or the SELLER are authorized.
In the event of the completion of the order, the BUYER is considered to have accepted all the conditions of this agreement.

SELLER: AKSEN İPEK SANAYİ VE DIŞ TİCARET LİMİTED ŞİRKETİ
BUYER: [[sozlesme.Alici_AdSoyad]]
DATE: [[sozlesme.Tarih]]