Distance Selling Agreement
Last updated: 30/01/2023
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.
- 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
- 'SELLER'; (hereinafter referred to as the "SELLER" in the contract) Otherwise, he accepts in advance that he will be obliged to pay the price subject to the order and the additional fees specified, such as shipping fee and tax, if any, and that he has been informed about this.
2. DEFINITIONS
In the implementation and interpretation of this contract, the following terms will express the written explanations.
MINISTRY: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188)
SERVICE: Subject of all kinds of consumer transactions other than providing goods made or promised to be made in return for a fee or benefit,
SELLER: Person who offers goods to the consumer within the scope of his commercial or professional activities or acts on behalf or on behalf of those who offer goods. company,
BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: The real or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: Between SELLER and BUYER. This contract has been concluded,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared to be used in the electronic environment.
3rd SUBJECT
This Contract is in accordance with the Consumer Protection Law No. 6502 and Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. It regulates the rights and obligations of the parties in accordance with the provisions of the Regulation.
The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
- SELLER INFORMATION
Title : ALKIŞ TURİZM & TRAVEL AGENCY
Address : MİMAR SİNAN MAH.SELAMİALİ EFENDİ CD.NO:45/A-3 ÜSKÜDAR-İSTANBUL
Phone :0216 3916565
Email : [email protected]- BUYER INFORMATION
Person to be delivered to :
Delivery Address :
Phone :
Fax :
E-mail/username :- ORDERING PERSON INFORMATION
Name/Surname/Title :
Address :
Phone :
Fax :
E-mail/username :- CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
- The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service 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. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Search Total
(Including VAT)Cargo Amount
Total :
Payment Method and Plan
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery date
Delivery Method
7.4. Product shipment The shipping fee will be paid by the BUYER.
- INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
E-mail/username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during order delivery.- GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the SELLER's website, and has given the necessary confirmation electronically. BUYER's; By confirming the Preliminary Information electronically, the SELLER accepts, declares and undertakes that he/she has correctly and completely obtained the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information, before the establishment of the distance sales contract.
9.2. Each product subject to the contract will be delivered within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. It is delivered to the BUYER or the person and/or organization at the address specified by the BUYER. 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, if any, information and documents required for the job, to carry out the work within the principles of accuracy and honesty, in accordance with the legal regulations, in accordance with the legal regulations, free from any defects, to maintain and improve the service quality, It accepts, declares and undertakes to show the necessary care and attention during its performance 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 his express approval before the contractual performance obligation expires.
9.5.The SELLER may supply a different product of equal quality and price in case it becomes impossible to fulfill the product or service subject to the order. If it cannot fulfill its obligations, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date it learns, and will return the total price to the BUYER within 14 days.
9.6. BUYER accepts, declares and declares that it will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the price of the product subject to the contract 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 contract will end. and undertakes.
9.7. BUYER accepts, declares and undertakes that if the contractual product price 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 after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the transportation costs belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations such as situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one, if any, and/or postpone the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, for the payments made by the BUYER in cash, the product amount will be paid in cash and in lump sum within 14 days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER accepts, declares and undertakes that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays. It has the right to reach the BUYER for communication, marketing, notification and other purposes through letter, e-mail, SMS, telephone call and other means via e-mail address, fixed and mobile telephone lines and other contact information. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.
9.10.The BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The product or service must be returned together with the invoice.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER is required to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to him. may request it from the BUYER. The order will be frozen until the BUYER obtains the information/documents subject to the request, and if the said demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares that the personal and other information provided while subscribing to the SELLER's website is truthful, and all damages that the SELLER may suffer due to the untruth of this information, immediately upon the first notification of the SELLER, He declares and undertakes that he will compensate in cash and in lump sum.
9.13.The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be solely and exclusively binding on the BUYER.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or complicate others' use of the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any warranty for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; Due to this violation, in case the incident is referred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
- RIGHT OF WITHDRAWAL
10.1. BUYER; In case the distance contract is related to the sale of goods, the person may exercise his right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification, provided that he notifies the SELLER. In distance contracts for service provision, 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 begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provisions set out in this contract. If this right is exercised, the invoice of the product delivered to the person or the BUYER, (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. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
- b)Return form,
- c)Return The products to be delivered must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
- d)The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days. If this becomes impossible, the BUYER is obliged to compensate the SELLER for its damages in proportion to its fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
- f)If the campaign limit amount organized by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
11.1. Essentially, when a service is purchased, immediate visa, ticketing, ticket purchasing etc. are required, depending on the type of service. hotel room rental etc. Since the transactions will be made directly by our company and will require expenses, the right of withdrawal is not possible.
- EVENT OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default when making the payment transactions by credit card, he will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the costs and attorney's fees that may arise from the BUYER, and under any circumstances, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt. Consumer problems will be submitted to the arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law. Information regarding the monetary limit is below: As stated in the Consumer Protection Law No. 6502 and other legislation.
- EFFECTIVE
The BUYER is deemed to have accepted all the terms of this agreement when he makes the payment for the order placed on the Site. The SELLER can make the necessary software adjustments to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.
SELLER: ALKIŞ TURİZM & TRAVEL AGENCY
BUYER:
DATE: