Distance Sales Agreement

DISTANCE SALES CONTRACT

Article 1 - PARTIES

1.1. SALES PERSON

Name (Commercial Name):

(If any) Mersis Number:

Address: Idealtepe Mah. Dik sk. No:13 Maltepe-Istanbul

Return Address of the Product:

Telephone:

Email:

1.2. BUYER

Name and surname:

TC Identification number:

Address:

Telephone:

Email:

Article 2 - SUBJECT OF THE CONTRACT

2.1. The subject of this Distance Sales Agreement ("Agreement") is in accordance with the Law on the Protection of Consumers and Distance Contracts regarding the sale and delivery of the product ordered by the BUYER electronically from the SELLER's website ("Site"), the qualifications and sales price of which are specified below. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.

2.2. The Preliminary Information Form on the site and the invoice issued upon the order placed by the BUYER are integral parts of the Agreement.

Article 3- INFORMATION AND PRICE OF THE PRODUCT SUBJECT TO THE CONTRACT

Product Name:

Product Code:

Unit Price of the Product (Excluding Taxes):

Quantity/Number of the Product:

Total Taxes:

Shipping cost:

Discount Amount:

Payment Method and Plan: Credit Card etc. (instalments-cash etc.)

TOTAL SALES PRICE TO BE COLLECTED FROM THE BUYER: …. -TL

3.1. The prices listed and announced on the site are sales prices; It is valid for orders placed until updated and changed by the SELLER. Prices announced periodically are valid until the end of the specified period.

3.2. The SELLER reserves the right to stop the order if it detects a problem with the order or the BUYER's information and when deemed necessary. In this case, the SELLER shall notify the BUYER of the situation by contacting the BUYER at the telephone or e-mail address declared by the BUYER in this Agreement. If the SELLER cannot reach the BUYER, the execution of the order is suspended for 15 (fifteen) days and the BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.

  1. DELIVERY INFORMATION

4.1. Delivery address:

Person/Organization to be Delivered:

Order date:

Estimated Delivery Date:

Billing address:

If the invoice address specified by the BUYER is different, the BUYER accepts, declares and undertakes to pay an additional shipping fee for the delivery of the invoice to the relevant address.

4.2. After the e-mail confirming the order is sent to the BUYER, the product is delivered to the cargo company with which the SELLER has an agreement, as soon as possible .

4.3. The contract has entered into force upon being approved electronically by the BUYER, and the SELLER's delivery obligation ends when the product(s) are delivered to the authorized person/organization at the address requested by the BUYER above.

4.4. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the person/organization to be delivered does not accept the delivery; due to inaccuracy and/or omission in delivery information; SELLER cannot be held responsible for extra shipping costs that may arise from the BUYER's absence.

4.5. The SELLER cannot be held responsible for the ordered product not being delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER. However, if the BUYER thinks that the package is damaged, he must not accept the damaged packages and file a report with the cargo company official. If the cargo company official is of the opinion that the package is not damaged, the BUYER has the right to open the package there and check that the products have been delivered undamaged and to determine the situation with a report. If the package is not accepted and a report is kept, this situation must be notified to the SELLER immediately and within 1 (one) business day at the latest, together with the copy of the report remaining with the BUYER. When the package is received by the BUYER without any objection, it is accepted that the cargo company has fulfilled its duty fully.

  1. DELIVERY COSTS

5.1 . Delivery costs of the product belong to the BUYER unless otherwise stated. If the SELLER has declared on the Site that the delivery fee will be covered by the SELLER, the delivery costs will be borne by the SELLER.

5.2. Delivery of the product; It is made within the promised time if the SELLER's stock is available and after the payment is made. The SELLER will deliver the product within 30 (thirty) days from the date the order is placed/confirmed by the BUYER, provided that the delivery of the product subject to the order becomes impossible. If, for any reason, the BUYER does not pay the price of the product or the payment is canceled by the bank, the SELLER is deemed to be free from the delivery obligation.

5.3. If the BUYER uses his Right of Withdrawal in accordance with Article 6 of the Contract and sends the product to be returned to the SELLER via the SELLER's contracted cargo company, the return shipping cost belongs to the SELLER. If the BUYER sends the product to be returned by a cargo company other than the SELLER's contracted cargo company, the SELLER is not responsible for the return shipping fee and any damage that the product may suffer during the shipping process.


  1. RIGHT OF WITHDRAWAL AND RETURN OF THE PRODUCT

6.1. The Buyer shall purchase the product purchased within the scope of the Contract without assuming any legal or criminal liability and without giving any reason; Within 14 (fourteen) days from the date of delivery to him/her or the person/organization authorized by him/her; You can use your right of withdrawal and return it to the SELLER's address below:

Address: Idealtepe Mah. Dik sk. No:13 Maltepe-Istanbul

6.2. The right of withdrawal period starts from the day the product is delivered and ends 14 (fourteen) days. To exercise the right of withdrawal, within 14 (fourteen) days ( by filling out the Return-Withdrawal Form ) Written notification must be made to the SELLER by mail or e-mail . Within 10 (ten) days from the exercise of the right of withdrawal, the product's box, packaging, contents, standard accessories and/or other products gifted with the product must be returned completely and undamaged. The returned product must be resalable by the SELLER.

6.3. While the product is being returned to the SELLER;

  1. a) Returning the original invoice submitted/delivered to the BUYER (or the person/organization authorized for delivery) during the delivery of the product;
  2. b) Filling out the NFP DESING return form on the Site and submitting it to the SELLER;
  3. c) Any document proving that the product has been delivered to the cargo for return must be submitted to the SELLER.

(If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. If the return invoice is not issued, the return process cannot be completed.)

6.4. Within 14 (fourteen) days following the receipt of the documents and the product to the SELLER by exercising the right of withdrawal, after the SELLER checks the product and documents, the product price is returned to the BUYER in the same manner as paid. Otherwise, If the BUYER does not carry out the work and transactions stipulated in this article and merely sends the product back to the SELLER , the return of the product cannot be called "exercise of the right of withdrawal" and the BUYER; cannot exercise any authority arising from the right of withdrawal or request a refund of the product price . Refunds for credit card payments are made by refunding the BUYER's credit card. In accordance with tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.

Products and Contracts for which the Right of Withdrawal cannot be exercised

6.5. Below In the contracts drawn up regarding the products and services listed, the right of withdrawal cannot be exercised under any circumstances, even if the products have not been used or benefited from, in accordance with Article 15 of the Regulation on Distance Contracts and other legislation:

The main contracts where the right of withdrawal is not possible are as follows: a) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer, b) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene, c) Contracts regarding services that are started to be performed with the approval of the consumer before the right of withdrawal expires, d) Contracts regarding the goods that the BUYER purchases for commercial and/or professional purposes rather than as the final consumer.

  1. POSTPONEMENT, CANCELLATION OF THE ORDER AND REFUND OF THE PRODUCT PRICE

7.1. If the SELLER cannot deliver the product on time due to force majeure or extraordinary circumstances such as weather conditions that prevent delivery or interruption of transportation, the SELLER shall notify the BUYER of the situation. In this case, the BUYER may request that the order be canceled or the product (if any) be replaced with a similar one at the same price, or may request that the delivery be postponed until the situation preventing the delivery time is eliminated.

7.2. If the BUYER cancels the order in this situation, the amount paid will be refunded to him within 14 (fourteen) days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 10 (ten) days after the order is canceled by the BUYER. The reflection of this amount to the BUYER's accounts after the SELLER returns it to the bank is entirely related to the bank's transaction process, and the SELLER cannot intervene in this matter and cannot be held responsible for possible delays.

7.3. In case of order cancellations made by the BUYER after the product is shipped by the SELLER but before it is received by the BUYER, the BUYER is responsible for all shipping costs, especially the return of the product.

7.4. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the product is returned to the SELLER within 3 (three) days. It must be sent or returned. In this case, shipping costs belong to the BUYER.

7.5. Exceptionally, if it is understood that the product subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the BUYER is immediately informed clearly and understandably and gives approval, another product of equal quality and price may be sent to the BUYER or in line with the BUYER's desire and choice. ; Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.

7.6. If the delivery obligation of the product subject to the Contract cannot be fulfilled for any reason, the BUYER shall not be able to make any requests from the SELLER other than those listed in this article; He accepts and declares that he cannot claim additional material and/or moral damage.

  1. GENERAL PROVISIONS

8.1. Rights and Obligations of the Buyer

8.1.1 . BUYER accepts and undertakes to fully fulfill the obligations imposed on him in this Agreement, excluding force majeure.

8.1.2. BUYER, with this Agreement, SELLER's name, title, full address, telephone and other access information, basic characteristics of the product subject to sale, sales price including taxes, payment method, delivery conditions and costs and all preliminary information about the product subject to sale. and that the seller has been informed clearly, understandably and in accordance with the internet environment on how to exercise the right of withdrawal, to which authorities he can submit his complaints and objections , and by accepting this Agreement; He accepts and declares that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has read all of this preliminary information and all the conditions in the Contract, confirmed it electronically, and then placed the order .

8.1.3. If the BUYER wishes to return the product he purchased, he accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.

8.1.4. The BUYER will inspect the product subject to the contract before receiving it for dents, breaks, torn packaging, etc. damaged and defective product; It will not receive delivery from the cargo company by keeping a report regarding the nature of the defect. The product received is assumed to be undamaged and intact. After delivery, the obligation to carefully protect the product passes to the BUYER.

8.1.5. During product delivery, upon the request of the SELLER, the BUYER is obliged to sign a printed copy of this Agreement; If the customer does not sign, the PRODUCT may not be delivered. However, in any case, approval of the Agreement by the BUYER during the shopping from the Site is sufficient for the validity of the Agreement.

8.2. Rights and Obligations of the Seller

8.2.1. SELLER undertakes to fulfill the obligations imposed on it by the relevant legislation provisions and this Agreement, except for force majeure. SELLER is responsible for delivering the product subject to the contract to the BUYER or to the person/organization authorized by the BUYER in a sound, complete and in accordance with the qualifications specified in the order. SELLER cannot be held responsible if the person to be delivered does not accept the delivery.

8.2.2. Persons under the age of 18 (eighteen) cannot shop on the Site. SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER cannot be held responsible in any way if the BUYER writes his age incorrectly.

8.2.3. SELLER is not responsible for price inaccuracies caused by system errors. Accordingly, the SELLER cannot be held responsible for promotional and price errors that may arise due to the design of the Site or illegal interventions on the Site.

8.2.4. You can shop from the site with a credit card (Visa, MasterCard, etc.). The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Payment methods other than credit cards such as money order/EFT, prepaid postage, postal check are not accepted.

  1. DEFAULT AND LEGAL CONSEQUENCES

9.1. If the BUYER defaults on his credit card transactions, 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 costs and attorney fees incurred from the BUYER. BUYER accepts, declares and undertakes that he/she will also confirm other information regarding interest rates and default interest from his 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.

9.2 . In any case, if the BUYER defaults on its debt to the SELLER, the BUYER agrees to pay the SELLER's losses and damages due to the delayed performance of the debt.

  1. PERSONAL DATA PROTECTION AND PRIVACY

10.1. The Parties obtain what they have obtained within the scope of the Agreement; any personal data regarding each other, each other's natural person representatives or employees only in accordance with their rights and obligations under this Agreement; They declare, accept and undertake that they will process personal data as stipulated in Law No. 6698 and other legislation, that they will take minimum technical, physical and administrative measures to protect these personal data, and that they may only transfer personal data to third parties in cases where the performance of the Agreement or obligations arising from the legislation necessitate it.

10.2. The information specified in the Contract by the BUYER and the information provided to the seller for payment purposes will not be shared by the seller with third parties. The seller will be able to disclose this information only within the scope of administrative/legal obligation.

10.3. BUYER's credit card information is never stored. These are only used to obtain authorization by securely transmitting the product price to the relevant banks during the collection process and are deleted from the system after the provision.

10.4. Information such as BUYER's e-mail address and phone number are used by the SELLER only for product delivery and information purposes. Campaign and promotion information, information about new products can only be sent to the BUYER upon his/her personal request or approval.

  1. INTELLECTUAL PROPERTY RIGHTS

11.1. BUYER acknowledges and agrees that the products subject to the Contract are considered "works" in accordance with Law No. 5846 on Intellectual and Artistic Works (FSEK); "Processing" on the work as regulated in FSEK Article 21, "Reproduction" in FSEK Article 22, "Dissemination" in FSEK Article 23, "Representation" in FSEK Article 24, FSEK Article 25 with the financial rights (Financial Rights) under the name of "Transmission to the Public by Means for the Transmission of Signs, Sound and/or Images"; FSEK has the authority to exercise moral rights (Moral Rights) under the name of "Authority to Offer to Public" regulated in Article 14 of FSEK, "Authority to Mention the Name" regulated in Article 15 of FSEK, "Prohibiting Changes to the Work" regulated in Article 16 of FSEK. In accordance with the relevant provisions, it accepts, declares and undertakes that it belongs exclusively to the SELLER.

11.2. In this context, the BUYER accepts, declares and undertakes that it will not use the products subject to the Agreement in a way that would violate the Financial and Moral Rights of NFP DESIGN. If the BUYER uses the products subject to the Contract in a manner contrary to the Financial and Moral rights of the SELLER, it will be deemed to have collected a minimum of 5,000 (five thousand) Turkish Liras for each use and the SELLER may request this fee from the BUYER. In order to prove the illegal use of the BUYER, it is sufficient to make the relevant product available to third parties in any way as a "work" within the meaning of FSEK, and no other proof or evidence will be needed. BUYER accepts, declares and undertakes that he accepts this situation and will not raise any objections in the future.

  1. DISPUTE RESOLUTION

13.1. BUYER may make any complaints, requests and objections arising from this Agreement to the SELLER's contact addresses specified in Article 1.

13.2. However, the BUYER may take legal action to resolve disputes that may arise from the Contract. Accordingly, if the value/amount in dispute is up to the values ​​declared by the Ministry of Commerce (or other official authorities) every year, District or Provincial Consumer Arbitration Committees, and for disputes above this value/amount, Consumer Courts; In places where there is no Consumer Court, Civil Courts of First Instance are in charge.

13.3. For the BUYER who is not a consumer, Istanbul Central Courts and Enforcement Offices are authorized to resolve disputes that may arise between the parties regarding the Agreement.

  1. EVIDENCE CONTRACT

14.1. In resolving disputes that may arise from this Agreement, including party information, establishment of the Agreement, BUYER's product order process in the electronic environment, payment, delivery and return of the product, execution of the Agreement, cancellation of the order, exercise of the right of withdrawal, all of the SELLER's books and records that are suitable for proof ( (including but not limited to records in electronic or magnetic media such as computer, voice, log records) constitute binding, definitive and exclusive evidence .

14.2. BUYER acknowledges and agrees that this situation does not make it impossible or extremely difficult to exercise the right of proof; It accepts in advance that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.

  1. HISTORY OF THE CONTRACT AND FORCE MAJEURE

15.1. The contract date is the date when the order was placed by the BUYER and the contract was concluded. The date it was approved electronically is ... …/... …/201….

15.2. Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in whom force majeure occurs shall immediately notify the other party in writing of the force majeure and its inability to perform its performance in accordance with the Agreement for this reason.

15.3. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate the Agreement unilaterally.