**DISTANCE SALES CONTRACT**
**1. PARTIES**
This Contract is signed between the following parties under the terms and conditions specified below.
**BUYER**: (hereinafter referred to as the "BUYER")
NAME-SURNAME:
ADDRESS:
**SELLER**: (hereinafter referred to as the "SELLER")
NAME-SURNAME: Yepar Makina Kalıp Otomotiv Yed. Par. San. Ltd. Sti.
ADDRESS: Yeşiloba Mah. Seyhan Sanayi Sitesi 46211 Sokak No:2/C 01110 Seyhan/ADANA, TR
By accepting this contract, the BUYER acknowledges that they have been informed and agree that upon confirmation of the order, they will be obligated to pay the order amount, including any additional fees such as shipping and taxes.
**2. DEFINITIONS**
In the implementation and interpretation of this contract, the following terms shall have the meanings ascribed to them:
- **MINISTER**: The Minister of Customs and Trade.
- **MINISTRY**: The Ministry of Customs and Trade.
- **LAW**: Law No. 6502 on the Protection of Consumers.
- **REGULATION**: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
- **SERVICE**: Any consumer transaction other than the supply of goods, performed or promised to be performed in return for a fee or benefit.
- **SELLER**: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of the person offering the goods.
- **BUYER**: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
- **SITE**: The website owned by the SELLER.
- **ORDERER**: The real or legal person who requests a good or service through the SELLER's website.
- **PARTIES**: The SELLER and the BUYER.
- **CONTRACT**: This contract concluded between the SELLER and the BUYER.
- **GOOD**: The movable property subject to the sale and intangible goods such as software, sound, image, etc., prepared for use in electronic media.
**3. SUBJECT**
This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product ordered by the BUYER through the SELLER's website, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of that period.
**4. SELLER INFORMATION**
Title: Yepar Makina Kalıp Otomotiv Yed. Par. San. Ltd. Sti.
Address: Yeşiloba Mah. Seyhan Sanayi Sitesi 46211 Sokak No:2/C 01110 Seyhan/ADANA, TR
Phone: 0 (539) 661 64 44
Email: info@yeparotomotiv.com.tr
**5. BUYER INFORMATION**
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
**6. ORDERER INFORMATION**
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
**7. INFORMATION ON THE SUBJECT PRODUCT(S)**
7.1. The basic features of the product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign has been organized by the SELLER, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of that period.
7.3. The total sale price of the subject product or service, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (Incl. VAT)
---|---|---|---
Shipping Cost | | |
Total: | | |
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. Shipping costs will be paid by the BUYER.
**8. INVOICE INFORMATION**
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the billing address along with the order during delivery.
**9. GENERAL PROVISIONS**
9.1. The BUYER declares and undertakes that they have read the preliminary information regarding the basic characteristics, sale price, payment method, and delivery of the product subject to the contract on the SELLER's website, confirmed the information electronically, and acknowledged that they have received the address, basic features of the ordered products, the price of the products including taxes, payment, and delivery information correctly and completely.
9.2. Each product subject to the contract will be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's residence, without exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and other necessary information and documents, if any, in a sound and standard-compliant manner in accordance with legal requirements, to maintain and improve service quality, to exercise due care and attention during the performance of the service, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the performance period of the contract expires.
9.5. The SELLER undertakes to notify the BUYER in writing within 3 days from the date they become aware of the impossibility of fulfilling the order and to refund the total amount to the BUYER within 14 days if the SELLER cannot fulfill the obligations under the contract due to the impossibility of providing the product or service subject to the order.
9.6. The BUYER undertakes to confirm this contract electronically for the delivery of the product subject to the contract and acknowledges that if the payment for the product subject to the contract is not made or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will cease.
9.7. The BUYER undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER, if the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by third parties after the product is delivered to the BUYER or the person/institution at the address indicated by the BUYER.
9.8. The SELLER undertakes to notify the BUYER if they cannot deliver the product subject to the contract within the period due to force majeure events that occur outside the will of the parties, are unforeseeable, and prevent or delay the fulfillment of the parties' obligations. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent, if any, and/or the postponement of the delivery period until the force majeure event ceases. If the order is canceled by the BUYER, the product amount will be refunded in cash within 14 days in case of cash payments. In case of credit card payments, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges that the average process for the refunded amount to be reflected in their account by the bank may take 2 to 3 weeks and that the SELLER cannot be held responsible for any delays in this process.
9.9. The SELLER has the right to contact the BUYER through the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated later by the BUYER, via mail, email, SMS, phone calls, and other means for communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the product/service subject to the contract before delivery; they will not accept damaged and defective goods/services with crushed, broken, torn packaging, etc., from the cargo company. The goods/services received will be deemed to be undamaged and intact. After delivery, the obligation to carefully preserve the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's credit card statement, or a written confirmation from the cardholder's bank that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that they will immediately compensate the SELLER for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER undertakes to comply with the legal provisions and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will solely bind the BUYER.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for illegal purposes, or in a way that infringes on the material and moral rights of others. Additionally, the BUYER cannot engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).
9.15. Links to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER may be provided on the SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that website, nor do they guarantee the information contained in the linked website.
9.16. The member who violates one or more of the provisions listed in this contract is personally responsible for the legal and criminal consequences of these violations and will hold the SELLER harmless from these consequences. Additionally, if the incident is brought to the legal field due to these violations, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract.
**10. RIGHT OF WITHDRAWAL**
10.1. The BUYER may exercise the right of withdrawal by rejecting the goods and terminating the contract without any legal or criminal liability and without giving any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/institution at the address indicated by them, in case the distance contract is related to the sale of goods. In service contracts, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consent of the consumer before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used in a way that violates the provisions of this contract regarding "Products for Which the Right of Withdrawal Cannot Be Used." If this right is exercised:
a) The invoice of the product delivered to a third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed without a RETURN INVOICE).
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER in debt to the BUYER within 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages to the extent of their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products during the withdrawal period.
f) If the campaign limit amount falls below the threshold due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.
**11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED**
The right of withdrawal cannot be used for products prepared according to the BUYER's request or clearly personal needs and not suitable for return, underwear, swimwear bottoms, makeup materials, disposable products, products that are likely to deteriorate quickly or have an expiration date, products that are not suitable for return for health and hygiene reasons after their packaging is opened by the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except for those provided under a subscription contract, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, as per the Regulation. Additionally, the right of withdrawal cannot be used for services whose performance has started with the consent of the consumer before the end of the withdrawal period, as per the Regulation.
Cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging has not been opened, tried, damaged, or used.
**12. DEFAULT AND LEGAL CONSEQUENCES**
If the BUYER defaults on payment transactions made by credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; they may request the costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will compensate the SELLER for the damages incurred due to the delayed performance of the debt.
**13. COMPETENT COURT**
Disputes arising from this contract will be resolved by the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the relevant law. The monetary limits are as follows:
As of 28/05/2014:
a) For disputes below 2,000.00 (two thousand) TL, to the district consumer arbitration committees, as per Article 68 of Law No. 6502 on the Protection of Consumers.
b) For disputes below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees.
c) In metropolitan cities, for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees.
This contract is made for commercial purposes.
**14. EFFECTIVENESS**
The BUYER is deemed to have accepted all the terms of this contract upon completing the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain the BUYER's confirmation that they have read and accepted this contract before the order is finalized.
SELLER:
BUYER:
DATE: