Distance Selling Agreement
Distance Selling Agreement
1. PARTIES
This Agreement has been signed between the parties listed below under the terms and conditions specified herein.
SELLER: Baybars Tech (hereinafter referred to as “SELLER” in the contract)
Mersis No:
Address: Fevzipaşa Cad. Fatih/İstanbul
Phone:
Fax:
Email: info@harezmix.com
BUYER: (hereinafter referred to as “BUYER” in the contract)
NAME-SURNAME:
ADDRESS:
PHONE:
By accepting this agreement, the BUYER acknowledges and agrees that if they approve the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees specified, such as shipping costs and taxes, and that they have been informed of this obligation.
2. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, whose characteristics and sales price are indicated, which the BUYER has ordered electronically through the website belonging to the SELLER.
3. PRODUCT(S) SUBJECT TO THE AGREEMENT AND DELIVERY INFORMATION
3.1. The basic characteristics of the Goods/Product(s)/Service (type, quantity, brand/model, color, number) are published on the SELLER’s website.
3.2. The prices listed and advertised on the website are the selling prices. The advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
3.3. The selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Cost
Total:
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
3.4. Shipping costs will be covered by the BUYER if the order amount is below 790 TL, and by the SELLER if the order amount is 790 TL or above. The SELLER will not be responsible for any delays in shipping.
4. GENERAL PROVISIONS
4.1. The BUYER acknowledges, declares, and undertakes that they have read and are aware of the basic characteristics of the product subject to the contract, the sales price including all taxes, and the preliminary information regarding the payment method and delivery on the www.harezmix.com website, and that they have provided the necessary confirmation in the electronic environment.
By confirming this contract electronically, the BUYER acknowledges that prior to the conclusion of this distance sales contract, they have been informed of the basic characteristics of the goods and services subject to the contract, the name of the seller and provider, the SELLER’s physical address and email address enabling the BUYER to contact the seller, the price of the products including taxes, payment and delivery information regarding any additional costs such as shipping, delivery, and similar expenses, the SELLER’s methods for resolving complaints, and, in cases where there is a right of withdrawal, information regarding the conditions, duration, and procedure for exercising this right, that they have obtained accurate and complete information regarding the possibility of submitting applications concerning disputes to the Consumer Arbitration Committee or the Consumer Court, that the SELLER has fulfilled their pre-contractual information obligation.
By confirming this agreement electronically, the BUYER acknowledges that prior to entering into this distance selling agreement, they have been informed of the essential characteristics of the goods and services covered by the agreement, the name of the seller and provider, the SELLER’s physical address and email address enabling the BUYER to contact the SELLER, the price of the products including taxes, payment and delivery information regarding any additional costs such as shipping, delivery, and similar expenses, the SELLER’s methods for resolving complaints, and in cases where there is a right of withdrawal, the conditions, duration, and procedure for exercising this right, that they have obtained accurate and complete information regarding the possibility of submitting applications concerning disputes to the Consumer Arbitration Committee or the Consumer Court, and that the SELLER has fulfilled their pre-contractual information obligation.
4.2. The product subject to the contract shall be delivered to the BUYER or to the person or organization 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 place of residence, provided that this period does not exceed 30 (thirty) days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
If the product subject to the contract is to be delivered to a person or entity other than the BUYER, the SELLER shall not be held liable if the person or entity to whom the product is to be delivered refuses to accept the delivery.
4.3. If the BUYER requests that the goods be shipped by a carrier other than the shipping company specified by the SELLER, the SELLER shall not be held liable for the failure to deliver the ordered product to the BUYER due to any problems encountered during the delivery of the product to the BUYER after the goods have been delivered to the relevant shipping company.
4.4. The SELLER undertakes to deliver the product subject to the Agreement complete, in accordance with the qualities specified in the order, and with any warranty documents, user manuals, and information and documents required for the job, free from any defects, in accordance with legal regulations, in a manner that is sound and compliant with standards, within the principles of accuracy and honesty, to maintain and improve service quality, exercise due care and diligence during the performance of the work, and act with caution and foresight.
The SELLER may supply the BUYER with a different product of equal quality and price before the performance obligation arising from the contract expires, provided that there is a valid reason.
4.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it agrees, declares, and undertakes to notify the consumer in writing within 3 (three) days from the date it becomes aware of this fact and to refund the total amount to the BUYER within 14 (fourteen) days from the date of notification.
4.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement and that, in the event that the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall terminate.
4.7. The BUYER agrees, declares, and undertakes that after the delivery of the product subject to the Agreement to the BUYER or to the person or organization at the address indicated by the BUYER, if the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs to be borne by the BUYER.
4.8. If the SELLER is unable to deliver the product subject to the contract within the specified time due to force majeure circumstances beyond the control of the parties, unforeseeable events, and/or circumstances that prevent and/or delay the parties from fulfilling their obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: cancel the order, replace the product subject to the contract with an equivalent product, if available, or postpone the delivery period until the impediment ceases to exist. If the BUYER cancels the order, the product amount shall be paid to the BUYER in cash and in full within 14 days for payments made in cash. For payments made by the BUYER with a credit card, the product amount shall be refunded to the relevant bank within 14 (fourteen) days from the date of cancellation of the order by the BUYER. The BUYER acknowledges that the average time required for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take between 2 (two) and 3 (three) weeks, and that the reflection of this amount in the BUYER’s accounts after its return to the bank is entirely related to the bank’s processing time, and therefore the BUYER cannot hold the SELLER responsible for any possible delays.
4.9. ALICI, sözleşme konusu mal/hizmeti teslim almadan önce muayene edecek; ezik, kırık, ambalajı yırtılmış vb. hasarlı ve ayıplı mal/hizmeti kargo şirketinden teslim almayacaktır. Teslim alınan mal/hizmetin hasarsız ve sağlam olduğu kabul edilecektir. Teslimden sonra mal/hizmetin özenle korunması borcu, ALICI’ya aittir.
5. RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the address indicated, without providing any reason and without paying any penalty.
However, the BUYER may also exercise their right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.
The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer’s consent before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
5.2. The BUYER must notify the SELLER of their exercise of the right of withdrawal within the statutory 14 (fourteen) day period by registered mail, fax, or email, and the product must be unused and unopened/undamaged in accordance with the provisions of Article 6.
If this right is exercised,
a) The original invoice for the product delivered to a third party or the BUYER (if the invoice for the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the company when returning the product. Returns for orders with invoices issued to companies cannot be completed unless a RETURN INVOICE is issued.), the return form, the box and packaging of the products to be returned, along with any standard accessories, must be delivered to the SELLER within 10 (ten) days from the date of the withdrawal notification, complete and undamaged.
b) The SELLER shall refund the product price to the BUYER within 14 (fourteen) days at the latest from the date of receipt of the withdrawal notice. For payments made in cash by the BUYER, the product amount shall be paid to the BUYER in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount shall be refunded to the relevant bank within 14 (fourteen) days from the cancellation of the order by the BUYER. The BUYER acknowledges that the average time for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take between 2 (two) and 3 (three) weeks, and that the reflection of this amount in the BUYER’s accounts after its return to the bank is entirely related to the bank’s processing time, and therefore the BUYER cannot hold the SELLER responsible for any possible delays.
c) If the value of the goods decreases due to a reason attributable to the BUYER’s fault, or if the return becomes impossible, the BUYER shall be liable to compensate the SELLER for the damages in proportion to the fault.
d) If the amount of the discount used under the campaign is canceled if the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal.
6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods and services whose price fluctuates based on financial market conditions and is beyond the control of the SELLER or provider, services commenced at the request of the BUYER before the withdrawal period expires, products prepared at the request of the BUYER or specifically tailored to the BUYER’s personal needs and are not suitable for return, products that are at risk of rapid deterioration or may expire, products whose protective elements such as packaging, tape, seals, or packages have been opened by the BUYER after delivery and are not suitable for return for health and hygiene reasons, products that have been mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, goods related to periodicals such as newspapers and magazines, services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer, and the return of sound or image recordings, books, digital content, software programs, and similar products, without limitation, will not be accepted. The return of the product is subject to the condition that the product’s packaging is unopened, undamaged, and the product is unused and untested.
7. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on its debt, the BUYER hereby acknowledges, declares, and undertakes to pay the SELLER for any damages and losses incurred by the SELLER due to the delayed performance of the debt.
If the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes to pay interest under the credit card agreement between the cardholder and the bank and to be liable to the bank. In this case, the relevant bank may take legal action and may claim the resulting expenses and attorney’s fees from the BUYER.
8. RESOLUTION OF DISPUTES AND COMPETENT COURT
In the event of any disputes arising from the implementation of this distance selling agreement, the Consumer Disputes Arbitration Board or Consumer Courts in the location where the BUYER purchased the goods or services or where the BUYER resides shall have jurisdiction, within the monetary limits announced each December by the Ministry of Customs and Trade.
9. ENFORCEMENT
The BUYER shall be deemed to have accepted all terms of this agreement upon confirming their order through the Site.
SELLER: Baybars Tech
BUYER:
DATE: