Distance Sales Agreement
Article 1
SALES PERSON
NAME:
TEL:
E-MAIL:
TAX OFFICE:
TAX NUMBER:
ADDRESS:
BUYER
NAME:
TEL:
E-MAIL:
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 Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website https://dekorakustik.com.
The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and online manner about the seller's name, title, full address, telephone and other contact information, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to exercise this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website https://dekorakustik.com and the invoice issued upon order placed by the buyer are integral parts of this contract. Distance Sales Agreement
Article 3 - Contractual Product/Payment/Delivery Information
The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee for the product(s) purchased electronically are as follows. The person to be invoiced must be the same person who signed the contract. The information below must be accurate and complete. The buyer agrees to fully cover any damages arising from inaccuracies or incompleteness of this information and accepts all liability arising from this situation.
SELLER reserves the right to suspend an order if deemed necessary and if the information provided by the BUYER does not correspond to the actual order. If SELLER detects a problem with the order and is unable to reach the BUYER via the phone, email, or mailing address provided by the BUYER, SELLER will suspend the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order to prevent any damage to either party.
Purchased Product/Products
Name, code: … piece
Total Sales Price: … -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Person to be Delivered:
Telephone Number:
Delivery Address:
Person/Institution to be Invoiced:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL
Article 4 - Contract Date and Force Majeure
The contract date is the date ../../…. on which the order is placed by the buyer.
Force majeure shall be deemed to be any circumstance that was not present or foreseeable at the time the contract was signed, that develops beyond the control of the parties, and that renders it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities undertaken under the contract, or to fulfill them on time (natural disaster, war, terrorism, riot, changing legislation, seizure or strike, lockout, significant malfunction of production and communication facilities, etc.). The party experiencing the force majeure shall immediately notify the other party in writing of the situation.
During the continuation of force majeure, the parties will not be held liable for any failure to perform their obligations. If this force majeure continues for 30 (thirty) days, each party will have the right to unilateral termination.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot make purchases from …….. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller will not be held liable in any way if the buyer provides an incorrect age.
5.3. https://dekorakustik.com is not responsible for pricing errors resulting from system errors. Therefore, the seller is not responsible for advertising or pricing errors that may occur due to system or design errors on the website, or any unlawful interventions on the website. The buyer cannot claim rights from the seller based on system errors, and the seller reserves the right to cancel the order under all circumstances.
5.4. You can shop at https://dekorakustik.com by credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not made within one week of the order date will be canceled. The processing time for orders is determined not when the order is placed, but when the necessary credit card payment is made or when the transfer (EFT) reaches the bank account. Payment methods such as paid shipment or postal checks that are made without prior consultation with customer service will not be accepted.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.
6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that he/she has received information on the website https://dekorakustik.com/ regarding the name, title, full address, telephone and other contact information of the seller, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to exercise this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., in a clear, understandable and online manner and that he/she has confirmed this preliminary information electronically.
6.4. Subject to the previous article, the Buyer declares that he/she has read and is aware of the order/payment/usage procedure information at https://dekorakustik.com/ , which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.
6.5. If the Buyer wishes to return the purchased product, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
Order:
Once the VAT-inclusive Turkish Lira amount (total installment amounts for installment transactions) of the products added to the shopping cart is approved by the buyer, the payment is processed through the POS terminal of the relevant bank card. Therefore,
an order confirmation email is sent to the customer before orders are shipped. Shipment will not be made until the Order Confirmation email is sent.
Any disruptions in the process or credit card issues that may arise will be notified to the buyer via one or more of the phone, fax, or email methods specified in the contract. If necessary, the buyer may be asked to contact their bank. Orders are processed not when the order is placed, but when the necessary credit card payment is made or when the transfer (EFT) reaches the seller's account.
Exceptionally, if 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 can be immediately informed in a clear and understandable manner and given his/her approval, another good of equal quality and price can be sent to the buyer, or, in line with the buyer's wish and choice, another new product can be sent, it can be waited for the product to be in stock or for the other obstacle to delivery to be eliminated and/or the order can be cancelled.
If the obligation to deliver the goods becomes impossible, the buyer will be notified of the situation, the total price paid and any documents that would obligate the buyer will be returned to the buyer within ten days at the latest, and the contract will be cancelled. In such a case, the buyer will not have any claim against the seller for any additional material or moral damages.
Payment:
https://dekorakustik.com/ offers cash transfer options for buyers who prefer not to use their credit card information online. When paying by transfer, the buyer can choose the bank most convenient for them and make the transfer. If an EFT is used, the date of payment will be taken into account. When making a transfer and/or EFT, the "Sender Information" must match the Invoice Information and include the order number.
If, after delivery of the product, the relevant bank or financial institution fails to pay the Seller the price of the product due to the unfair or illegal use of the Buyer's credit card by unauthorized persons not due to the Buyer's fault, the Buyer is obligated to return the delivered product to the Seller within 10 days. In such cases, shipping costs are the Buyer's responsibility.
If the Buyer has chosen to pay by credit card, the BUYER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information with 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 cargo company with which the seller has a contract.
Delivery:
The product(s) will be delivered to the buyer's address via the courier service agreed upon by the seller. The delivery period is 30 days from the date the order confirmation email is sent and the contract is established. This period may be extended by a maximum of ten days, provided the buyer is notified in advance in writing or via a permanent data carrier.
Products are sent to areas where cargo companies do not deliver to addresses with a phone call notification.
In areas where the courier company delivers once a week, the specified delivery time may be delayed due to inaccuracies or omissions in the shipping information, certain social events, and natural disasters. The buyer cannot hold the seller responsible for these delays. If the product is to be delivered to a person/organization other than the buyer, the seller is not responsible for any additional shipping costs that may arise due to the delivery person/organization refusing to accept the delivery, inaccuracies in the shipping information, and/or the buyer's absence. If the product(s) have not arrived within the specified days, delivery problems should be reported immediately to customer service using the email address [email protected].
In the event of a damaged package, the damaged package should not be accepted and a report should be filed with the courier company. If the courier company officer determines that the package is not damaged, the buyer has the right to open the package on-site, verify that the products were delivered undamaged, and request that a report be prepared to document the situation. Once the package is received by the buyer, the courier company is deemed to have fulfilled its duty. If the package is not accepted and a report is filed, the situation should be reported to the seller's Customer Service as soon as possible, along with the buyer's copy of the report.
Article 9 - Procedure for Product Returns and Right of Withdrawal
Product Returns:
The buyer has the right to withdraw from the contract within seven days of receiving the goods, without giving any reason or paying any penalty. In accordance with the general communiqué of Tax Procedural Law No. 385, in order to process a return, the buyer must completely and accurately complete the return sections at the bottom of two invoices from the seller delivered with the goods, sign them, and return one copy to the seller along with the goods. The right of withdrawal period begins on the day the goods are delivered to the buyer. The return shipping costs of the returned product(s) must be covered by the buyer.
There is no right of withdrawal for goods that are prepared in line with the buyer's wishes and/or clearly in line with his personal needs.
If the buyer exercises his right of withdrawal, the seller will refund the total price received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller along with the product, without charging any cost to the consumer.
A decrease in the value of the goods received or a reason that makes 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 consumer's fault, the seller must compensate the seller for the value of the goods or the decrease in value.
The general return period for any product purchased by mistake is 7 days. During this period, returns of products that have been opened, used, damaged, or otherwise damaged will not be accepted. Returns must be made in their original packaging.
If any opening, deterioration, breakage, destruction, tearing, use or other conditions are detected on the product or its packaging purchased by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.
For product returns, the situation must first be reported to customer service. Information regarding the return of the product will be communicated to the customer by the seller. Following this communication, the product, along with an invoice containing the return information, must be returned to the seller via the courier company that delivered the product to the buyer's address. If the returned product reaches the seller and meets the conditions specified in this agreement, it will be considered a return, and the refund will be made to the buyer's credit card/account. No refunds will be made until the product is returned. The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the credit card refund procedure will be as follows: The Bank will reimburse the Buyer in installments based on the number of installments requested by the Buyer. After the Seller pays the Bank the full price of the product in one lump sum, the Bank will transfer the requested refund amounts to the Buyer's accounts in installments to prevent any parties involved from being disadvantaged in the event that installment payments made through Bank POS are refunded to the Buyer's credit card. The Buyer's installment amounts paid up to the date of the sale cancellation will be reflected in one (1) refund on the card each month, unless the refund date coincides with the card's statement date. The Buyer will receive the installments paid before the refund for an additional month after the sale's installments are completed, equal to the number of installments paid before the refund, thus deducting the amount from their existing debt.
In the case of a return of goods or services purchased with a card, the seller cannot pay the buyer in cash, as per the agreement with the Bank. The merchant, that is, the seller, will process the refund through the relevant software in the event of a return. Since the merchant, that is, the seller, is obligated to pay the relevant amount to the Bank in cash or as a deduction, cash payments cannot be made to the buyer as per the procedure detailed above. Refunds to credit cards will be made by the Bank in accordance with the procedure described above, after the buyer makes a single payment to the Bank.
Article 10 - Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed against any manufacturing defects for 2 years under the following conditions: The seller's warranty liability applies only to 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 to the seller for payment purposes, as specified in this agreement, will not be shared with third parties.
The seller may disclose this information only if required by administrative or legal obligation. If the seller possesses the requested information for any legal investigation with documented investigative capacity, the seller may provide it to the relevant authorities.
Credit card information is never stored. It is used only during the collection process, securely transmitted to the relevant banks, and used for authorization. After authorization, it is deleted from the system.
Information such as the buyer's email address, mailing address, and phone number are used only by the seller for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the buyer after their approval.
Article 12 - Competent Courts and Enforcement Offices in Case of Dispute
In the event of a dispute arising from the implementation of this agreement, Consumer Arbitration Committees and Consumer Courts in the Buyer's or Seller's place of residence shall have jurisdiction, up to the value declared by the Ministry of Industry and Trade each December.
If the order is placed, the Buyer shall be deemed to have accepted all the terms of this agreement.