Distance Sales Agreement
Article 1
SELLER
NAME:
PHONE:
EMAIL:
TAX OFFICE:
TAX NUMBER:
ADDRESS:
BUYER
NAME:
PHONE:
EMAIL:
TAX OFFICE:
TAX NUMBER:
ADDRESS:
Article 2
SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose qualifications and sales price are specified below, ordered electronically by the BUYER from the SELLER’s website https://dekorakustik.com.
The Buyer accepts and declares, in accordance with the provisions of this contract, that he/she has been informed by the Seller in a clear, understandable, and appropriate manner for the internet environment about the Seller’s name, title, full address, telephone and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the method of payment, delivery conditions and costs, the right of withdrawal and how to exercise this right, the official authorities to which complaints and objections can be submitted, etc.; that he/she has confirmed this preliminary information electronically, and that he/she subsequently placed an order for the goods.
https://dekorakustik.com the preliminary information provided on the site and the invoice issued upon the order placed by the buyer are integral parts of this contract. Distance Sales Contract
Article 3 - Product/Payment/Delivery Information Subject to the Contract
The type and nature, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice details, and shipping fee of the product(s) purchased electronically are as stated below. The invoiced person must be the same as the contracting party. The information provided below must be accurate and complete. The buyer accepts full responsibility for any damages resulting from incorrect or incomplete information and agrees to bear all liability arising from such situations.
The SELLER reserves the right to suspend the order if the information provided by the BUYER does not match reality. If the SELLER identifies an issue with the order and is unable to contact the BUYER through the telephone, e-mail, or postal address provided, the execution of the order will be suspended for 15 (fifteen) days. During this period, the BUYER is expected to contact the SELLER regarding the matter. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent any harm to either party.
Product(s) Purchased
Name, code: ; … units
Total Sales Price: …. -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone Number:
Delivery Address:
Invoice Recipient (Individual/Company):
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL
Article 4 - Contract Date and Force Majeure
The contract date is the date the order was placed by the buyer: ../../…..
Circumstances not existing or foreseen at the time of signing the contract, developing beyond the control of the parties, which prevent one or both parties from partially or fully fulfilling their obligations under the contract or from performing them on time, shall be considered force majeure (natural disasters, war, terrorism, uprising, changes in legislative provisions, seizure, strike, lockout, significant breakdowns in production and communication facilities, etc.). The party subject to force majeure shall immediately and in writing notify the other party of the situation.
During the continuation of the force majeure event, neither party shall be held liable for failing to fulfill their obligations. If the force majeure continues for 30 (thirty) days, each party shall have the right to unilaterally terminate the contract.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to fully perform the obligations imposed on him/her in the contract, except in cases of force majeure, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop from …….. The Seller will rely on the Buyer’s declaration of age in the contract. However, the Seller cannot be held responsible in any way for the Buyer misrepresenting his/her age.
5.3. https://dekorakustik.com is not responsible for price errors arising from system failures. Accordingly, the Seller is not responsible for promotional or price errors that may arise due to interventions in the website through the system, design, or illegal means. The Buyer cannot make any claims against the Seller based on system errors, and the Seller has the right to cancel the order under all circumstances.
5.4. Shopping can be done via https://dekorakustik.com with a credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which payment has not been transferred within one week from the order date will be canceled. The processing time of orders is not the moment the order is placed but the moment when the necessary collection is made from the credit card account or when the transfer (EFT) has reached the bank accounts. Payment methods such as cash-on-delivery or postal check, carried out without consultation with customer service, are not accepted.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fully perform the obligations imposed on him/her in the contract, except in cases of force majeure.
6.2. By placing an order, the Buyer is deemed to have accepted the terms of this contract and agrees and undertakes to make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer declares and accepts that he/she has been informed through https://dekorakustik.com/ about the Seller’s name, title, full address, telephone and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the method of payment, delivery conditions and costs, the right of withdrawal and how to exercise it, official authorities to which complaints and objections can be submitted, etc.; that he/she has confirmed this preliminary information electronically, and that he/she has read and understood it.
6.4. In connection with the previous article, the Buyer declares that he/she has read, understood, and electronically confirmed the order/payment/usage procedure information available at https://dekorakustik.com/ including the product order and payment conditions, product usage instructions, precautions taken for possible situations, and warnings.
6.5. In case the Buyer wishes to return the purchased product, he/she agrees and undertakes not to damage the product or its packaging under any circumstances and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
Order:
After the Buyer confirms the total amount in TL including VAT of the products added to the shopping cart (the total installment amount in case of installment transactions), the transaction is processed through the POS of the relevant bank card. For this reason, before the orders are shipped, an order confirmation e-mail is sent to the customer. Shipment will not be made without sending the Order Confirmation e-mail.
In case of any disruption in the process or problems related to the credit card, the Buyer will be notified using one or more of the telephone/fax/e-mail methods specified in the contract. If necessary, the Buyer may be asked to contact his/her bank. The time at which the orders are processed is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the Seller’s bank accounts.
In exceptional cases where it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the Buyer will be immediately informed clearly and understandably, and with his/her approval, another product of equal quality and price may be sent, or, in line with the Buyer’s request and choice, a new product may be sent, the stock availability may be awaited, or the order may be canceled.
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the Buyer will be informed, and the total amount paid and any documents that put him/her under obligation will be refunded to him/her within ten days at the latest, and the contract will be canceled. In such a case, the Buyer will not make any further claims for material or moral damages from the Seller.
Payment:
https://dekorakustik.com/ provides the option of placing orders by bank transfer for Buyers who do not wish to use their credit card details online. In bank transfer payments, the Buyer can choose the most suitable bank and complete the transfer. If EFT is made, the date on which the amount reaches the account will be considered. When making a transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information, and the order number must be specified.
If, after delivery of the product, the Buyer’s credit card is used unfairly or unlawfully by unauthorized persons without the Buyer’s fault, and the relevant bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to return the delivered product to the Seller within 10 days. In such cases, shipping costs belong to the Buyer.
If the Buyer prefers to pay by credit card, the Buyer accepts, declares, and undertakes that he/she will additionally confirm the relevant interest rates and default interest information from his/her 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.
Article 8 - Shipping/Delivery Procedure
Shipping:
Once the order confirmation email is sent, the product(s) are delivered to the Seller’s contracted cargo company.
Delivery:
The product(s) will be delivered to the Buyer’s address by the Seller’s contracted cargo company. The delivery period is 30 days from the sending of the order confirmation email and the conclusion of the contract. Provided that the Buyer is notified in writing in advance or via a permanent data carrier, this period may be extended by a maximum of ten days.
Products are shipped with phone notification to regions where cargo companies do not provide door-to-door delivery service.
In regions where the cargo company delivers only once a week, or in cases of incorrect or incomplete shipping information, or due to certain social events and natural disasters, delivery may be delayed beyond the specified days. The Buyer cannot hold the Seller responsible for such delays. If the product is to be delivered to a person/institution other than the Buyer, the Seller is not responsible for extra shipping costs arising from the refusal of delivery by the recipient, incorrect shipping details, and/or the Buyer not being present at the address. If the product(s) are not received within the specified days, delivery problems must be immediately reported to customer service via [email protected].
In case of damaged packages; Damaged packages should not be accepted, and a report should be issued with the Cargo Company official. If the Cargo Company official states that the package is not damaged, the Buyer has the right to open the package there, check that the products are delivered undamaged, and request that the situation be confirmed with another report. Once the package is received by the Buyer, it is considered that the Cargo Company has fully performed its duty. If the package is not accepted and a report is issued, the situation must be reported to the Seller’s Customer Service as soon as possible, along with the copy of the report retained by the Buyer.
Article 9 - Procedure Regarding Product Returns and Right of Withdrawal
Product Return:
The Buyer has the right to withdraw from the contract within seven days after receiving the goods, without giving any reason and without paying any penalty. In accordance with the general communiqué of the Tax Procedure Law No. 385, in order for the return process to be carried out, the Buyer must fill in the return sections at the bottom of the two invoices belonging to the Seller delivered with the goods, sign them correctly and completely, send one copy together with the product to the Seller, and keep the other copy. The right of withdrawal period begins on the day the goods are delivered to the Buyer. The cost of returning the returned product(s) must be covered by the Buyer.
The right of withdrawal does not apply to goods prepared in line with the Buyer’s requests and/or clearly for his/her personal needs.
In case the Buyer exercises the right of withdrawal, the Seller shall refund the total amount received and any documents that put the consumer under obligation, without imposing any cost on the consumer, within ten days at the latest from the date the invoice including the withdrawal notification, together with the product, reaches the Seller.
The decrease in the value of the goods received or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the consumer must compensate the Seller for the decrease in value or the value of the goods.
For each mistakenly purchased product, the general return period is 7 days. Within this period, returns of products whose packaging has been opened, used, damaged, etc., are not accepted. The return must be made with the original packaging.
If any opening, deterioration, breakage, damage, tearing, usage, or similar conditions are detected in the mistakenly purchased product and its packaging, and if the product cannot be returned in the condition it was delivered to the Buyer, the product will not be accepted for return, and its cost will not be refunded.
For product returns, the situation must first be reported to customer service. The information regarding the product’s return shipment will be communicated to the customer by the Seller. After this communication, the product must be sent back to the Seller through the Cargo company that delivered it to the Buyer’s address, together with the invoice containing the return details. The returned product reaching the Seller will be accepted as a return if it meets the conditions specified in this contract, and the refund will be made to the Buyer’s credit card/account. Refunds cannot be made before the product is returned. The reflection period of refunds to credit card accounts depends on the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the refund procedure to the credit card will be as follows: If the Buyer requested to purchase the product in a certain number of installments, the Bank makes the refund to the Buyer in installments. After the Seller has paid the full amount of the product to the Bank in a single payment, in the event of a refund of installment expenditures made from the Bank POS terminals to the Buyer’s credit card, in order to prevent any party involved from being victimized, the refund amounts requested are transferred by the Bank back to the account holders in installments. If the cancellation date of the sale and the account statement dates of the card do not coincide, one (1) refund will be reflected on the card each month, and the Buyer will continue to receive refunds for the number of installments already paid prior to the cancellation, until all installments have been completed, thus reducing the Buyer’s existing debts.
In the case of returns of goods and services purchased with a credit card, the Seller cannot pay the Buyer in cash due to the contract signed with the Bank. The Seller, as the member merchant, will process the refund through the relevant software, and since the member merchant (Seller) is obliged to pay the Bank the relevant amount either in cash or by offsetting, payment cannot be made in cash to the Buyer under the procedure detailed above. Refunds to the credit card will be made by the Bank in accordance with the procedure stated above, after the Buyer has paid the Bank the amount in full in one payment.
Article 10 - Warranty
Products that are used in accordance with the instructions for use and properly maintained are guaranteed for 2 years against all kinds of manufacturing defects under the conditions specified below: The Seller’s warranty responsibility is valid only for consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 11 - Confidentiality
The information provided by the Buyer for the purpose of making payment within the scope of this contract shall not be shared by the Seller with third parties. The Seller may disclose such information only within the framework of administrative/legal obligations. In the context of any judicial investigation duly documented, if the Seller has the requested information, he/she may provide it to the relevant authority.
Credit card information is never stored. Credit card information is used only for secure transmission to the relevant banks during the collection process for authorization and is deleted from the system after authorization. Buyer’s e-mail address, postal address, and telephone information are used only by the Seller for standard product delivery and information procedures. During certain periods, campaign information, information about new products, and promotion details may be sent to the Buyer after obtaining his/her consent.
Article 12 - Competent Courts and Enforcement Offices in Case of Dispute
In case of any dispute arising from the implementation of this contract, Consumer Arbitration Committees up to the value announced annually in December by the Ministry of Industry and Trade, and the Consumer Courts in the Buyer’s or Seller’s place of residence shall have jurisdiction.
In case the order is completed, the Buyer shall be deemed to have accepted all the terms of this contract.