DISTANCE SALES CONTRACT
ARTICLE 1- PARTIES
1.1- DETAILS OF THE SELLER:
Trade Name: Besiktas Sportif Urunler San. Ve Tic. A.S.
Address: Sinanpasa Mah. Dolmabahce Cad. No:3/A Besiktas / Istanbul
Phone: {0850 399 1903}
Email: info@kartalyuvasi.com.tr
1.2. DETAILS OF THE BUYER:
Full Name /Trade Name:
Address:
Phone:
Email:
ARTICLE 2– SCOPE
The scope of this contract is comprised of the determination of the rights and obligations of the parties under the Consumer Protection Act No. 6502 and the Regulation on Distance Contracts in respect of the sale and delivery of the good/s, which are offered for sales by the SELLER to the BUYER on the website with domain name https://www.kartalyuvasi.com.tr and the characteristics and the sales price of which are provided as follows.
ARTICLE 3 – DATE OF EXECUTION:
This contract shall become effective on the date, on which the BUYER completes the order thereof on the website with domain name https://www.kartalyuvasi.com.tr.
ARTICLE 4 – DETAILS OF THE GOODS, BEING THE SUBJECT MATTER OF THE CONTRACT:
The Sort and Type, Quantity, Make/ Model, Color, Sales Price and Delivery Details of the products are provided as follows.
Description Quantity Price including VAT Sub-Total
Type, model and characteristics are to be specified here in. .. ....... .....
Order Processing and shipping charges .... TL
Terms of Payment .....
Delay Interest 0,00 TL
Total (incl. VAT) ......TL
Delivery address .....................................................................................
Designated Person for Delivery Receipt ..............................
Billing Address ..................................................
ARTICLE 5- GENERAL TERMS
5.1-5.1- The BUYER hereby agrees and represents that s/he has read and been informed of the main characteristics and the sales price of the good, being the subject matter hereof, as well as the terms of payment and the delivery details, the content of the right of withdrawal, the terms of usage as well as any and all other preliminary informations, which are strictly required to be contained herein pursuant to the Consumer Protection Act No. 6502 and the Regulation on Distance Contracts, and that s/he has granted the required confirmation on the matter on the website with domain name https://www.kartalyuvasi.com.tr (electronically).
By her/his confirmation of this contract electronically, the BUYER have also confirmed that s/he been provided, accurately, with such details as the address, the main characteristics of the ordered goods, the sales price, including the taxes, of such goods, and the payment and delivery details for the same.
5.2-The SELLER shall be responsible delivery of the goods, being the subject matter hereof, completely, in sound condition, in such condition that is specified within the order and along with the associated warranty certificates and user's manuals, if any.
5.3-Delivery of the goods, being the subject matter hereof, essentially requires the relevant price to have been paid in such method of payment that is chosen by the BUYER. Should the product price not be paid or the payment of the same is canceled on the bank records for any reason whatsoever, the SELLER may unilaterally nullify the contract and be considered to have been released from its obligation to deliver the goods.
5.4-The goods, being the subject matter hereof, shall be delivered to the BUYER or the the person/entity located at the address designated by the BUYER within such period of time that is determined with respect to the distance of the delivery address of the BUYER and is specified within the preliminary information section on the website, which period of time shall, however, not exceed the legally prescribed period of 14 days.
5.5- In the cases where the goods, being the subject matter hereof, are to be delivered to any other person/entity than the BUYER, the SELLER may not be held liable for the rejection by such designated person/entity of the receipt of delivery. Furthermore; the SELLER shall not be liable for any failure in delivery to the BUYER of the ordered goods due to any problem, which the cargo delivery service provider could experience through the course of delivery to the BUYER of the ordered good.
5.6- The SELLER shall, on the condition that it bases on a just cause and/or on account of the fact that the delivery of the ordered good or the performance of the ordered service has become impracticable, notify the BUYER clearly and legibly of such impracticability before the expiration of the period of effectiveness of its obligation of performance under the contract. In that case, the SELLER shall refund the total amount, which may have been paid by the BUYER for the goods that so fail to be delivered, to the BUYER.
5.7- In the event, after the delivery of the goods, the relevant bank or financial institution abstains from the payment of the price of the ordered goods to the SELLER on account of the wrongful or unlawful usage of the BUYER's credit card by unauthorized persons in such manner that is not attributable to any fault of the BUYER; the BUYER shall be obliged to return the goods, which may have been delivered thereto, to the SELLER within a period of 3 days.
5.8- In the event the SELLER fails to deliver the goods, being the subject matter of the contract, within the specified period of time due to any event of Force Majeure or any adverse weather conditions that affect the transportation process or any interruption in transportation facilities, it shall be obliged to notify the BUYER of the situation. In that case, the BUYER may exercise any one of its right to have the order canceled, have the same replaced with an equivalent thereof, if any, and/or have the delivery postponed until the cessation of the existence of the situation that impedes the delivery. In the event the BUYER cancels the order, the amount paid thereby shall be refunded to the BUYER within 10 days. In that case, the refunding process shall be implemented as provided within Article 6 of this contract.
5.9- Any good, which is sold with or without a warranty certificate, and is defective or malfunctioning, may be shipped to the SELLER to be repaired under the applicable warranty terms, in which case the shipping costs shall be borne by the SELLER.
5.10- The SELLER shall not be liable for any errors or inaccuracies in the prices of the goods, which are offered on the website with domain name https://www.kartalyuvasi.com.tr, on account of typographical errors or system errors and/or other reasons. In the event of any such error, the SELLER shall inform the BUYER of the actual price of the relevant good and, upon the BUYER's request, the order shall be canceled and/or the transaction shall be re-arranged according to the actual price of the relevant good.
5.11-The BUYER shall be obliged to check and inspect the good at the time of delivery of the same thereto, and to reject the receipt of delivery of the good and have the official of the CARGO DELIVERY SERVICE PROVIDER issue a formal record in the event s/he detects any issue with the good that is attributable to the cargo delivery process. Otherwise, the SELLER shall not admit and assume any liability.
ARTICLE 6. RIGHT OF WITHDRAWAL
The BUYER shall be entitled to withdraw from the contract without suggesting a just cause and without being obliged to pay penal clause within a period of thirty days as of the date of delivery thereto of the goods, being the subject matter of this contract. The BUYER may exercise its right of withdrawal by way of the completion of the right of withdrawal form, which is annexed herewith, or sending an express declaration of its exercise of the right of withdrawal to the address of the SELLER via mail or sending the same to the SELLER via fax or email. Any good/s, in respect of which the right of withdrawal is exercised, and which should, thus, be returned within a period of 10 (Ten) days, should strictly be unused, and be returned along with the respective box/es, package/s and, if any, standard accessories in such manner that the same can be offered for sales by the SELLER subsequently. Through the course of the return of the relevant good to the SELLER, the original copy of the invoice, which may have been submitted to the BUYER at the time of delivery of the good, (to ensure consistency on our accountng records) and a duplicate copy of the cargo delivery record, should also be returned, and unless the invoice is not sent, the return process shall not be performed and the relevant good shall be shipped back to the BUYER at the BUYER's cost. In the event the invoice of the goods intended to be returned is a corporate invoice, the return invoice, which should be issued by the relevant legal entity, should also be sent along with the returned goods. The return process of the goods, the invoice for which has been issued to a legal entity, may not be completed unless a RETURN INVOICE is issued for the same.
The shipping cost in respect of any goods, which are returned as a consequence of the exercise of the right of withdrawal, shall be borne by the SELLER.
In the event the BUYER exercises her/his right of withdrawal in accordance with the terms and provisions set forth herein; the price of the goods, in respect of which the right of withdrawal is so exercised, shall be refunded to the BUYER within a period of 30 days following the receipt by the SELLER of the relevant goods along with the required documents within the prescribed period of time. The BUYER shall be entitled to withdraw from the contract only if s/he complies with the specified requirements.
"In the event of the exercise of the right of withdrawal, the relevant amount shall be refunded to the BUYER in such method, in which the BUYER may have paid the same, within the aforementioned period of 10 days;
i. In the event the payment has been effectuated solely with credit card; the price of the goods, in respect of which the right of withdrawal is exercised, shall be refunded to the credit card of the BUYER."
ARTICLE 7- GOODS THAT ARE NOT ELIGIBLE FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may not be exercised for such goods, which may not, on account of their nature, be returned, such goods as underwear items, bathing suits, ear-rings, accessories and the like goods for hygiene concerns, the customized goods, the disposable goods, the duplicable software and programs, the consumable supplies, the perishable goods and the goods, which have expired, as well as services.
ARTICLE 8- COMPETENT JURISDICTION
The competent jurisdiction on the enforcement of this contract shall be enjoyed by the Arbitration Committee for Consumer Problems in respect of the amounts up to such amount that is declared by the Ministry of Customs and Trade, and by the Consumer Courts in the location, where the BUYER or the SELLER is situated.
The BUYER hereby represents, agrees and warrants that s/he has read any and all terms, provisions and explanatory remarks provided in this Contract, and has been informed of, has reviewed and has agreed to the terms of sales and any and all other preliminary information.
ANNEX: 1 Sample Withdrawal Form
SELLER
Besiktas Sportif Urunler Sanayi ve Ticaret A.S.
BUYER
..............................
DATE: