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Mesafeli Satış Sözleşmesi.webp

DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES :

1.1. SELLER :

  • Name : Erdoğan Professional Services Group IT Marketing Trade Export Import Limited Company

  • Address : TEPEBAĞ Mah. İNÖNÜ Cad. Av. TURHAN ARIN Sok. Bina No.: 51 YAZAR İŞ MERKEZİ Kat : 1 Kapı No.: 3 SEYHAN/ADANA

  • Phone : +90 (322) 451 0 154

  • Fax : +90 (322) 451 0 153

  • Customer Service Phone : +90 (322) 451 0 154

  • Mersis Number : 0351 0667 8260 0001

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1.2. BUYER ("CONSUMER") :

  • Name/Surname/Title : [BUYER'S NAME]

  • Address : [BUYER'S ADDRESS]

  • Phone : [BUYER'S PHONE]

  • Email : [BUYER'S EMAIL]

  • Tax ID : [BUYER'S TAX ID]

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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 No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, the qualities and sales price of which are specified below, ordered by the CONSUMER electronically from the SELLER's website.

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ARTICLE 3 - INFORMATION ON THE PRODUCT, PAYMENT, AND DELIVERY :

3.1. Product Subject to the Contract :

  • Product Name and Main Features : [PRODUCT NAME AND FEATURES]

  • Quantity : [QUANTITY]

  • Sales Price (Total in Turkish Lira, including VAT) : [SALES PRICE]

3.2. Payment Method :

Payment by credit card with installment sales - If you benefit from the installment sales option, this facility will be provided by the SELLER to the CONSUMER. The CONSUMER agrees, declares, and undertakes to comply with the provisions regarding Installment Sales.

3.3. Other Provisions :

In case the CONSUMER uses the right of withdrawal, the return procedure related to the payment options is specified below.

3.4. Return Procedure :

  • Return Procedure for Payments by Credit Card : The Bank will reimburse the CONSUMER in installments as many as the installments the CONSUMER used to purchase the product.

  • Return Procedure for Bank Transfer/EFT Payment Options : The refund will be made to the account specified by the CONSUMER by requesting the bank account information from the CONSUMER.

  • Return Procedure for Payments with Shopping Credit : The refund will be made to the account specified by the CONSUMER by requesting the bank account information from the CONSUMER.

  • Return Procedure for Cash on Delivery Payment Options : The refund will be made to the account specified by the CONSUMER by requesting the bank account information from the CONSUMER.

3.5. Delivery Method and Address:

  • Delivery Address : [DELIVERY ADDRESS]

  • Recipient : [RECIPIENT]

  • Invoice Address : [INVOICE ADDRESS]

  • Packaging, shipping, and delivery costs are borne by the CONSUMER. They are not included in the product price.

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ARTICLE 4 - RIGHT OF WITHDRAWAL :

The CONSUMER has the right to withdraw from this Distance Sales Agreement within 14 (fourteen) days without giving any reason and without paying a penalty. The CONSUMER is obliged to return the goods subject to the contract to the seller or the carrier designated by the seller within 10 days from the date on which he/she exercised the right of withdrawal.

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The right of withdrawal period starts from the day the contract is established for service contracts and from the day the CONSUMER or the third party designated by the CONSUMER receives the goods for goods delivery contracts.

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The CONSUMER cannot exercise the right of withdrawal in the following contracts :

  • Contracts related to goods or services whose prices depend on fluctuations in the financial markets and are beyond the control of the SELLER or provider.

  • Contracts related to goods prepared according to the consumer's wishes or personal needs.

  • Contracts for the delivery of perishable goods or goods that may expire.

  • Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.

  • Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

  • Contracts for books, digital content, and computer consumables provided in a physical environment if their protective elements such as packaging, tape, seal, package have been opened after delivery.

  • Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.

  • Contracts for accommodation, transportation of goods, car rental, catering, and leisure activities for a specific date or period.

  • Contracts for services rendered instantly in the electronic environment or intangible goods delivered instantly to the CONSUMER.

  • Contracts for services that have begun with the consumer's approval before the right of withdrawal period expires.

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ARTICLE 5 - GENERAL PROVISIONS :

5.1. The CONSUMER declares that he/she has read and is informed about the preliminary information related to the product subject to the contract on the SELLER's website and has given the necessary confirmation electronically.

5.2. The product will be delivered within a maximum of 30 days from the date of the contract. Until the delivery of the product, all responsibility belongs to the SELLER.

5.3. If the product subject to the contract is to be delivered to a person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

5.4. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and, if any, with warranty certificates and user manuals.

5.5. For the delivery of the product subject to the contract, the price must be paid by the CONSUMER in the preferred payment method. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

5.6. After the delivery of the product, if the CONSUMER's credit card is used unfairly or unlawfully by unauthorized persons not due to the CONSUMER's fault, and if the related bank or financial institution does not pay the product price to the SELLER, the CONSUMER must return the product to the SELLER, provided that it has been delivered to him/her.

5.7. In the event of defects (malfunctions, defects, etc.) of products sold with or without a warranty certificate, or if they break down within the warranty conditions, the necessary repair can be done by sending the products to the SELLER. In this case, shipping costs will be borne by the SELLER.

5.8. In accordance with the 385th tax procedure law general communiqué, for the return process to be carried out, the relevant sections in the invoice with the return section sent to you must be filled out completely and sent back to us with the product after being signed.

5.9. The CONSUMER accepts, declares, and undertakes that the use of campaigns offered on the Website is subject to the fulfillment of the campaign conditions in full and on time, otherwise, they will not be able to benefit from the campaign.

5.10. For products whose sales require completion of official transactions before official authorities in accordance with the relevant regulations, the Pre-Information Form and Distance Sales Agreement are a preliminary protocol. The costs that will arise during the completion of official transactions related to the sale are not included in the total price of these products. These costs will be paid by the CONSUMER during the execution of the official transactions.

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ARTICLE 6 - DISPUTE RESOLUTION AND COMPETENT COURT :

In case of any disputes arising from this agreement, Turkish Courts are authorized, and the applicable law is Turkish Law. For disputes up to the value announced annually by the Ministry of Commerce within the borders of the Republic of Turkey, the Consumer Arbitration Committees at the location where the consumer transaction is made or where the CONSUMER resides will be authorized. For disputes over the specified value, the Consumer Courts at the location where the consumer transaction is made or where the CONSUMER resides will be authorized.

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In case of an order, the CONSUMER is deemed to have accepted all the terms of this agreement.

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ARTICLE 7 - PROVISIONS REGARDING INSTALLMENT SALES :

The CONSUMER declares, accepts, and undertakes to make payments for the products purchased in installments and the services provided to him/her in accordance with the payment plan presented below.

Your Payment Plan

  • Installment Number : [INSTALLMENT NUMBER]

  • Installment Fee : [INSTALLMENT FEE]

  • Installment Date : [INSTALLMENT DATE]

  • Transaction Fee : [TRANSACTION FEE]

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In cases where the CONSUMER prefers to purchase in installments, a default interest of 9% and the transaction fee specified in the table above will be applied. The transaction fee is a fixed amount received by the SELLER in return for providing the necessary infrastructure for installment sales transactions.

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In case the CONSUMER defaults by not making the installments specified in the payment plan as required and/or not making them on time, the SELLER reserves the right to demand the fulfillment of the remaining debt in accordance with the legislation. These rights can only be used if the CONSUMER defaults on two consecutive installments that constitute at least one-tenth of the remaining debt or a single installment that constitutes at least one-fourth of the remaining debt.

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The CONSUMER using the right of withdrawal in the product purchased by installment, the CONSUMER is obliged to return the goods subject to the contract to the seller or the carrier designated by the seller within 7 days from the date of exercising the right of withdrawal. Otherwise, the CONSUMER will be deemed not to have exercised the right of withdrawal and will bear the return costs of the goods.

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