Distance Selling Agreement
Article 1 - Parties to the Agreement
SALES PERSON:
BUKONSEPT CLOTHING INDUSTRY AND TRADE LIMITED COMPANY | SANCAKTEPE MAH FATİH CAD SANCAK KORU C BLOCK NO 189-193/2 INSIDE DOOR NO 11
BUYER:
Customer
Article 2 - Subject of the Agreement
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation No. 29188 regarding the sale and delivery of goods/services that the Buyer ordered electronically from the Seller's yarisnote.com website, that have the qualities mentioned in the contract and whose sales price is also specified in the contract. The preliminary information and the invoice on the payment page of the yarisnote.com website are integral parts of this contract.
Article 3 - Date of Contract
These two copies of the contract, previously signed by the seller, were signed and accepted by the buyer on ....
Article 4 - Delivery of Goods or Services, Place of Performance of the Contract and Method of Delivery
The goods/services will be delivered to .... at the address .... that the buyer requested delivery to.
Article 5 - Delivery Costs and Performance
Delivery costs are the responsibility of the buyer. If the seller has declared on the website that the delivery fee of those who shop above the amount declared will be covered by the seller or that free delivery will be made within the scope of the campaign, the delivery cost is the responsibility of the seller. Delivery is made as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The seller delivers the goods/services within 30 (thirty) days from the date of ordering the goods/services and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the price of the goods/services is not paid for any reason or is cancelled in the bank records, the seller is deemed to be relieved of the obligation to deliver the goods/services.
Article 6 - Representations and Commitments of the Buyer
The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, delivery and cargo fee of the Goods/Services subject to the Contract on the Web site and has made the necessary confirmation electronically. By confirming this Contract and the Preliminary Information Form electronically, the Buyer confirms that he/she has also obtained the address that should be given to the Buyer by the Seller before the conclusion of distance contracts, the basic characteristics of the Goods/Services ordered, the price of the Goods/Services including taxes, payment and delivery and delivery price information correctly and completely. If the Buyer receives the Goods/Services subject to the Contract from the cargo company without examining them before receiving them; the responsibility belongs entirely to the Buyer. The Goods/Services received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. The responsibility for the Goods/Services and damages after delivery belong to the Buyer. If the relevant bank or financial institution does not pay the price of the Goods/Services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer. The Buyer accepts and declares that it will not hold the Seller responsible for free products delivered to it by the Seller due to promotions or campaigns, and that the product manufacturer is solely responsible for all claims.
Article 7 - Seller's Declarations and Commitments
The seller is responsible for the delivery of the goods/services subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the goods/services subject to the contract are to be delivered to a person/organization other than the buyer, the seller cannot be held responsible for the failure of the person/organization to accept the delivery. The seller shall return the price of the goods/services and any valuable documents, if any, within 14 (fourteen) days after the withdrawal declaration is received. For justified reasons, the seller may supply goods/services of equal quality and price to the buyer before the performance period in the contract expires. If the seller thinks that the performance of the goods/services has become impossible, it shall notify the buyer before the performance period of the contract expires. The paid price and any documents, if any, shall be returned within 14 (fourteen) days. Goods/services that are defective or broken, whether or not they are among the goods/services sold with a warranty document, may be sent to the seller for the necessary repairs under warranty conditions, in which case the delivery expenses shall be covered by the seller.
Article 8 - Characteristics of the Goods or Services Subject to the Contract
The type and kind of goods/services, quantity, brand/model, color and sales price including all taxes are as stated in the invoice which is considered an integral part of this contract.
Article 9 - Cash Price of Goods or Services
The cash price of the goods/services is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
Article 10 - Forward Price
The sales price of the goods/services according to the maturity date is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
Article 11 - Interest
The interest rate determined by the Government of the Republic of Turkey each year and in any case cannot exceed 30%. The buyer is solely responsible to the bank he works with.
Article 12 - Payment Schedule
If the Buyer makes a purchase with a credit card and in installments, the installment type selected from the site is valid. In installment transactions, the relevant provisions of the contract signed between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer. The Buyer can also track the number of installments and payments from the account statement sent by the bank. The Buyer is solely responsible to the bank receiving the payment.
Article 13 - Right of Withdrawal
The Buyer may return the purchased Goods/Services by exercising his/her right of withdrawal within 14 (fourteen) days from the date of delivery, without assuming any legal or criminal liability and without giving any justification.
In case of exercising the right of withdrawal:
a) The Buyer shall return the Goods to the Seller within 10 (ten) days from exercising his right of withdrawal.
b) The Goods to be returned within the scope of the right of withdrawal must be returned complete and undamaged, including the box, packaging, standard accessories, if any, and other products gifted with the Goods. When returning the Goods to the Seller, the original invoice presented to the Buyer at the time of delivery of the Goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
c) Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods will be refunded to the Buyer in the same manner as paid by the Buyer.
Article 14 - Cases in which the right of withdrawal cannot be exercised
The right of withdrawal cannot be exercised in the following cases:
a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller,
b) Contracts for the delivery of goods that are prepared in line with the consumer's wishes or clearly in line with his/her personal needs, are not suitable for return due to their nature, are in danger of deterioration or have a possible expiry date,
c) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and the return of goods that are not suitable for health and hygiene reasons,
d) In contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Contracts regarding books, audio or video recordings, software programs and computer consumables offered in material form, provided that the protective elements such as packaging, tape, seal and package have been opened by the consumer,
f) Contracts regarding the performance of betting and lottery related services,
g) In contracts regarding services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal period,
h) In contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer, and in cases where the Goods/Services subject to the contract consist of types of Goods/Services excluded from the scope of application of the Distance Contracts Regulation, the right of withdrawal cannot be exercised due to the inapplicability of the Distance Contracts Regulation provisions to the legal relationship between the Buyer and the Seller.
Article 15 - Default and Legal Consequences
If the buyer defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may request the expenses and attorney fees from the buyer and in any case, if the buyer defaults on the debt, the buyer agrees to pay the seller's losses and damages due to the delayed payment of the debt.
Article 16 - Dispute Resolution
In the implementation of this Distance Selling Contract, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where the Buyer resides are authorized up to the value declared by the Ministry of Industry and Trade. District/provincial consumer arbitration committees are authorized regarding consumer demands in line with the lower and upper limits specified in the first paragraph of Article 68 of the Law No. 6502 on Consumer Protection.
Article 17 - Notifications and Evidence Agreement
All correspondence between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the Seller, the electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
Article 18 - Invoice Issued to the Merchant and Current Account Transfer Approval
In the event that the Buyer, who places the order in this contract, wishes to issue the invoice not in his own name and account but in the name of a third party company and/or legal entity (including a real person merchant with this expression); the Buyer declares that the invoice information he/she has provided is accurate, that he/she approves the transfer of the invoice amounts and debt amounts to be issued in the name of the Buyer in the current account to the current account of the company and/or legal entity declared by the Buyer, and that he/she accepts that the debt will be issued in the name of the company/legal entity with the trade name and tax number declared by the Buyer in accordance with the provisions of assignment of receivables. The Buyer accepts, irrevocably declares and undertakes to compensate the Seller for all material and moral damages arising from this transaction, and the liability that will arise in the event that the trade name, tax office and number, and address information of the company and/or legal entity he/she has declared the invoice information are incorrect and the relevant company/legal entity does not accept the debt. In such a case, the provisions of the Code of Obligations and the Commercial Code will apply since the Buyer is not a consumer.
This Agreement, consisting of 19 (nineteen) articles, was read by the Parties and entered into force on .../.../20... by being approved electronically by the Buyer.