DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions stated below:
‘BUYER’ (hereinafter referred to as "BUYER")
NAME - SURNAME:
ADDRESS:
‘SELLER’ (hereinafter referred to as "SELLER")
NAME - SURNAME: FATMA ZEHRA ECEVİT
ADDRESS: Yenidoğan Mah. Ergene Sk. No:25 A/4 Sancaktepe/İstanbul
By accepting this agreement, the BUYER acknowledges in advance that, upon confirming the order, they are obliged to pay the price of the order and any additional charges such as shipping fees and taxes, and that they have been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms below shall have the meanings stated:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction, excluding the provision of goods, made in exchange for a fee or benefit,
SELLER: The company offering goods within the scope of its commercial or professional activities,
BUYER: A real or legal person acquiring or benefiting from goods or services for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDER PLACER: The real or legal person requesting a product or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement executed between the SELLER and the BUYER,
GOODS: Movable property and intangible goods prepared for use in electronic media, such as software, sound, images, which are the subject of shopping.
3. SUBJECT
This Agreement regulates the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product(s) ordered electronically by the BUYER through the SELLER's website, the characteristics and sales price of which are specified below.
The prices listed and announced on the website are the selling prices. Declared prices and promises remain valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: FAHZA
Address: Yenidoğan Mah. Ergene Sk. No:25 A/4 Sancaktepe/İstanbul
Phone: +90 542 539 50 19
Fax: —
Email: [email protected]
5. BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDER PLACER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT(S) INFORMATION COVERED BY THE CONTRACT
7.1. The basic features (type, quantity, brand/model, color, number) of the goods/services are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign period. Valid until the campaign deadline.
7.2. The prices listed and announced on the website are the sales prices. These prices and offers are valid until updated or changed. For limited-time offers, the announced prices are valid until the end of the specified period.
7.3. The total sales price, including all taxes, of the product(s) or service(s) covered by the contract is shown below.
Product Description
Quantity
Unit Price
Subtotal (VAT Included)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost (shipment expense) is to be borne by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address together with the order upon delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sale price, payment method, and delivery conditions of the product subject to this Agreement, and have confirmed this information electronically on the SELLER’s website. The BUYER confirms that, prior to the establishment of the distance sales contract, they have obtained the SELLER’s address, the essential features of the ordered product(s), the total price including taxes, and all payment and delivery information in a correct and complete manner.
9.2. Each product subject to the contract shall be delivered within 30 (thirty) days at the latest, depending on the BUYER’s place of residence, unless otherwise specified in the preliminary information section of the website. If the product cannot be delivered within this period, the BUYER may terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, and other necessary documents, free from any defects, in compliance with legal regulations and principles of accuracy and honesty, and to maintain and improve service quality, demonstrating the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price before the fulfillment period expires, provided that the BUYER is informed and explicit consent is obtained.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of providing the product or service, the SELLER shall notify the BUYER in writing within 3 (three) days from the date of becoming aware of this situation and refund the total amount paid by the BUYER within 14 (fourteen) days.
9.6. If, for any reason, the price of the product subject to the contract is not paid or the payment is canceled in the bank records, the SELLER is released from the obligation to deliver the product.
9.7. In the event that the product is delivered to the BUYER or the person/institution designated by the BUYER, and unauthorized use of the BUYER’s credit card by third parties results in non-payment of the product price to the SELLER, the BUYER shall return the product to the SELLER within 3 (three) days at the SELLER’s expense.
9.8. If force majeure events (unforeseeable events beyond the control of the parties) occur that prevent or delay the performance of the SELLER’s obligations, the SELLER shall notify the BUYER of the situation. In such cases, the BUYER has the right to cancel the order, request the replacement of the product with a similar one, or postpone the delivery until the obstacle is removed. If the BUYER cancels the order, payments made in cash are refunded within 14 (fourteen) days. Payments made via credit card are also refunded to the credit card within 14 days; however, the reflection of the refunded amount on the BUYER’s account may take 2 to 3 weeks depending on the bank's processes. The BUYER agrees that delays related to the banking process are beyond the SELLER’s control.
9.9. The SELLER has the right to communicate with the BUYER via letters, email, SMS, phone calls, and other means through the information provided by the BUYER during registration or updated later, for marketing, notification, and communication purposes. By accepting this contract, the BUYER consents to such communication activities.
9.10. The BUYER shall inspect the goods/service before receiving them; shall not accept damaged or defective goods/services such as crushed, broken, or torn packaging from the cargo company. Goods/services accepted are considered undamaged and intact. The obligation to protect the goods/services carefully after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used, and the invoice must be returned.
9.11. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability is detected regarding the card before the product is delivered, the SELLER may request the BUYER to provide identification and contact information, a previous month's credit card statement, or a letter from the bank confirming ownership of the card. Until the requested documents are provided, the order may be frozen, and if not provided within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during registration on the SELLER’s website is accurate, and that they shall indemnify all damages suffered by the SELLER due to the inaccuracy of this information upon the first notification of the SELLER.
9.13. The BUYER undertakes to comply with legal regulations when using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities will solely belong to the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for unlawful purposes, or infringes upon the material and moral rights of others. Furthermore, they may not engage in activities that prevent or complicate others’ use of the services (such as spam, viruses, Trojan horses, etc.).
9.15. Links may be provided on the SELLER’s website to other websites or content that are not under the control of the SELLER. These links are placed for ease of reference and do not support or guarantee the linked website or its content.
9.16. The BUYER shall be personally liable for all legal and criminal responsibilities arising from violating any provision of this agreement, and shall hold the SELLER harmless from any resulting legal and criminal consequences. The SELLER reserves the right to claim compensation if the violation leads to legal action.
10. RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts regarding the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/institution at the address indicated, without any legal or criminal liability and without any justification, by notifying the SELLER. For distance contracts regarding service provision, this period begins on the date of the contract. The right of withdrawal cannot be exercised for services that have commenced with the consumer’s approval before the withdrawal period expires. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges being informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period. Additionally, the product must not fall under the category of "Products for which the Right of Withdrawal Cannot Be Exercised" as outlined in this agreement. Upon exercising the right of withdrawal:
a) The original invoice must be returned. (If the invoice is issued to a company, a return invoice must be sent back together with the product.)
b) A return form must be completed.
c) The products must be returned complete, with their box, packaging, and standard accessories, undamaged and unused.
d) The SELLER shall return the total payment and all documents obligating the BUYER within 10 (ten) days after receiving the notice of withdrawal and must collect the goods within 20 (twenty) days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault, or if return becomes impossible, the BUYER shall compensate the SELLER’s damages accordingly. However, the BUYER shall not be held responsible for changes or deterioration in the product due to proper usage during the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the total amount of an ongoing campaign falls below the threshold, the discount benefit obtained under that campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products:
That are prepared in line with the BUYER’s personal requests or personal needs.
That are not suitable for return due to health protection or hygiene reasons if their packaging has been unsealed after delivery (such as underwear bottoms, swimwear, cosmetics, and personal care products).
That may quickly deteriorate or expire.
That are mixed with other products after delivery and cannot be separated by nature.
Regarding newspapers, magazines, or periodicals, except those provided under subscription contracts.
That are delivered instantly in electronic form, such as digital content, software programs, audio or video recordings, and computer consumables, provided that the packaging is opened by the BUYER.
Where the service performance begins with the consumer’s consent before the withdrawal period expires.
For cosmetics, personal care products, underwear, swimwear, books, duplicable software and programs, DVDs, VCDs, CDs, and stationery consumables (toners, cartridges, ribbons, etc.), the products must be unopened, unused, and in their original packaging for return eligibility.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults in payment via credit card, the BUYER shall be liable to pay interest within the framework of the credit card agreement signed with the card issuer bank and shall be responsible to the bank. In this case, the relevant bank may take legal action, demand the costs and attorney’s fees from the BUYER, and the BUYER agrees, declares, and undertakes to compensate for any loss and damage suffered by the SELLER due to delayed fulfillment of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections may be filed with the consumer arbitration committee or the consumer court at the place where the consumer resides or where the consumer transaction is conducted, within the monetary limits determined by law.
As of 28/05/2014:
Disputes under 2,000.00 TL are resolved by district consumer arbitration committees.
Disputes under 3,000.00 TL are resolved by provincial consumer arbitration committees.
In metropolitan cities, disputes between 2,000.00 TL and 3,000.00 TL are resolved by provincial consumer arbitration committees.
This Agreement has been executed for commercial purposes.
14. EFFECTIVENESS
Upon completing the payment for the order placed on the Site, the BUYER is deemed to have accepted all terms of this agreement. The SELLER is responsible for ensuring that the BUYER reads and confirms this contract electronically before the order is finalized.
SELLER: FATMA ZEHRA ECEVİT
BUYER:
DATE: 17.02.2025