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Long Distance Sales Agreement

Long Distance Sales Agreement

DISTANCE SALES AGREEMENT

  1. PARTIES

    This Agreement has been signed between the following parties under the terms and conditions stated below.

    1. ‘BUYER‘; (hereinafter referred to as "BUYER")
    2. ’AMBIYANS BILGI VE ILETISIM - ESREF KAAN PAKER.‘; (hereinafter referred to as "SELLER")
      ADDRESS: Sahrayicedid Mah. Ataturk Cad. Yucel Apt. No. 30/5, Kadıkoy, Istanbul, TURKEY

    By accepting this agreement, the BUYER accepts that if the contract subject confirms the order, it will be under the obligation to pay the additional price stated in the order subject, such as the shipping price and the tax, and that it is informed about it.

  2. DEFINITIONS

    In the application and interpretation of the present contract, the following written terms shall describe the written explanations.

    • MINISTER: The Minister of Customs and Trade,
    • MINISTRY: The Ministry of Customs and Trade,
    • LAW: Law No. 6502 on Consumer Protection,
    • REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188),
    • SERVICE: The subject of any consumer transaction, other than providing goods that are committed or made to be paid in return for a fee or benefit,
    • SELLER: The company acting in the name or account of offering goods to the consumer or offering goods within the scope of its commercial or professional activities,
    • BUYER: The real or legal person who receives the products sold by the seller for commercial purposes,
    • SITE: SELLER web site,
    • ORDERER: The real or legal person requesting a good or service on the website of the SELLER,
    • PARTIES: SELLER and BUYER,
    • CONTRACT: This contract concluded between the SELLER and the BUYER,
    • MAL: refers to the movable goods, goods that are the subject of shopping.

     

  3. SUBJECT

    This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Regulation on Protection of the Consumer and Regulation on Distance Protection in connection with the sale of the specified product and the sale price of the below mentioned product in which the BUYER ordered the order electronically on the website of the SELLER.

    The prices listed and declared on the site are the sales price of the products. The advertised prices and promises are valid until they are updated and changed. The prices announced in the period are valid until the end of the specified period. Customization and customizations requested by the Customer on the products will also be added to the product prices stated on the site.

  4. SALER'S INFORMATION

    AMBIYANS BILGI VE ILETISIM - ESREF KAAN PAKER
    Address: Sahrayicedid Mah. Ataturk Cad. Yucel Apt. No. 30/5, Kadikoy, Istanbul, TURKEY
    Telephone: +90 (541) 414 5959
    Email: info@promotioneverywhere.com

  5. BUYER'S INFORMATION

    The invoice name, address, telephone e-mail and tax office / account no.

  6. CONTRACT SUBJECT PRODUCT INFORMATION
    1. The basic characteristics (type, quantity, brand / model, color, number) of the products are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the product during the campaign. The campaign is valid until the end date.
    2. The prices listed and announced on the site are the sales price excluding the requests requested by the Customer. The advertised prices and promises are valid until they are updated and changed. The prices announced in the period are valid until the end of the specified period.
    3. The product will be delivered by cargo / warehouse to be preferred by the buyer and the cargo / warehouse fee will be paid by the BUYER.
    4. The goods sold on the site are produced and sold on order with the minimum order quantities as specified in the detailed information of each product in accordance with the mass production techniques and at the increment ratios specified in the product detail information. The minimum order quantity of the product is the minimum amount specified in the detail information.
    5. The color, pattern, printing method and other customization options of each product are indicated on the product's own detail page. When ordering, this information must be checked and the requested privatizations must be notified to the Seller. The net sales price of the product will be calculated by adding these customization costs to the price of the product.
  7. BILLING INFORMATION

    The invoice to the buyer shall be deducted according to the title / address displayed in the order form / contract. It is the buyer's responsibility to correct this information if the current billing information differs from the title / address and tax office / account number specified during the initial membership to the site.

    Invoice delivery: Invoice will be sent to the address of the BUYER after the delivery phase of the products.

  8. GENERAL PROVISIONS

    1. The BUYER accepts, declares and undertakes that the BUYER has read the preliminary information, basic information about the contract, the sales price and the payment method and the delivery information on the website of the SELLER in the electronic environment. The receiver; Before the establishment of a distance sale contract, the Supplier accepts, declares and undertakes that the SELLER must provide the address to the BUYER, the basic specifications of the products ordered, the price of the products including taxes, payment and delivery information accurately and completely. .
    2. The products subject to the sale process are covered by the wholesale merchandise sale between the two merchants. Production / supply status changes may occur depending on the properties of the goods. For this reason, if the order is transmitted to the SELLER electronically by the Buyer, it does not guarantee that the order will be met by the SELLER. SELLER reserves the right to make changes by informing the BUYER after the order is received. The amendment is transmitted to the BUYER in electronic form.
    3. Each product subject to the contract is delivered to the person and / or organization (cargo / shipping warehouse) at the address indicated by the BUYER, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
    4. SELLER, the product of the contract complete, in accordance with the qualifications specified in the order and if the warranty documents, user manuals are required by the work of the information and documents to deliver, free from all kinds of legal regulations in accordance with the requirements of the sound, in accordance with the standards of work in accordance with the principles of honesty and honesty to accept, to maintain the quality of service, to pay attention to the necessary care and attention during the performance of the work, to act with caution and foresight, declares and undertakes.
    5. The SELLER may supply a different product with equal quality and price by informing the BUYER and expressly obtaining its approval before the contractual performance obligation expires.
    6. If the seller fails to fulfill the obligations of the contract if the product or service subject to the order becomes impossible, s / he accepts, declares and undertakes that he / she will inform the consumer in writing within 3 days from the date of learning, and will return the total price to the BUYER within 14 days.
    7. The BUYER accepts, declares and undertakes that the SELLER shall terminate its obligation to deliver the product subject to the contract in case the Contractor shall confirm this Agreement electronically for the delivery of the product, if the reason of the contract is not paid and / or canceled in the bank records for any reason.
    8. If the BUYER is not paid by the related bank or financial institution to the SELLER as a result of the unfair use of the credit card of the BUYER by the unauthorized person after the delivery of the product subject to the contract to the person and / or organization indicated by the BUYER or BUYER, the BUYER It accepts, declares and undertakes that it will return the shipping cost to the SELLER within 3 days.
    9. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if the contractor cannot deliver the product in due time due to force majeure conditions such as the occurrence of the cases which are not foreseen and which are not foreseen and prevent the fulfillment of the debts of the parties. The PURCHASER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with its precedent and / or to postpone the delivery period until the preventive situation disappears. In case of cancellation of the order by the BUYER, in the case of payments made by the BUYER in cash, the amount of the product is paid to the seller within 14 days. In the case of payments made by the BUYER with a credit card, the product amount shall be returned to the bank within 14 days after the cancellation of the order by the BUYER. PURCHASER, the amount returned to the credit card by the SELLER by the bank to the account of the average process to be reflected to the account of the BUYER, this amount is reflected in the account of the BUYER after the return of the bank account is completely related to the bank transaction process, the BUYER for possible delays, the SELLER accepts, declares and undertakes that it cannot hold responsible.
    10. SELLER, mail, e-mail, SMS, phone call and other means of communication, marketing, notification and other means of address, e-mail address, fixed and mobile phone lines and other contact information specified by the PURCHASER in the registration form on the site or updated by itself; it has the right to access to the BUYER for other purposes. The BUYER accepts and agrees that the SELLER may make the above mentioned communication activities related to him / her.
    11. The BUYER shall inspect the goods / services subject to the contract before receiving; bruised, broken, torn packaging etc. damaged and defective goods / services will not take delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. Careful protection of the goods / services after the delivery belongs to the BUYER. Goods / services should not be used if the right of withdrawal is to be used. Invoice must be returned.
    12. If the credit card holder used during the order is not the same person or the product is delivered to the BUYER, if the security card used in the order is identified, the SELLER shall provide the identity and contact details of the credit card holder and the credit card used in the order of the previous month. or from the cardholder's bank to submit a letter that the credit card belongs to him / her. The order will be frozen until the time of the purchase of the information / documents requested by the BUYER and if the claims are not received within 24 hours, the SELLER has the right to cancel the order.
    13. The Purchaser declares and undertakes that the personal and other information given to the SELLER when it becomes a member of the SELLER shall be true, and that the SELLER shall indemnify, immediately and in full, all damages to be incurred by the SELLER on the first notice of the SELLER.
    14. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the internet site of the SELLER. Otherwise, all legal and penal obligations will be completely and exclusively connected to the BUYER.
    15. The BUYER cannot use the web site of the SELLER in any way to disrupt public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe upon the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that would prevent others from using the services.
    16. The SELLER's website may contain links to other websites and / or other content owned and / or operated by third parties under the SELLER's own control. These links are provided to ease the orientation to the BUYER and do not support any website or the person who operates the site and do not constitute any guarantee for the information contained in the Linked Website.
    17. The member who violates one or more of the articles mentioned in this contract shall be personally and criminally and legally responsible for the violation thereof and shall keep the SELLER free from the legal and criminal consequences of such violations. Also; In the event that the incident is referred to the legal area due to this violation, the SELLER reserves the right to claim damages for non-compliance with the membership agreement against the member.
  9. RIGHT TO CANCELLATION;
    1. In case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to the person / organization indicated by him, he may use the right of withdrawal from the contract by denying the goods without taking any civil and criminal responsibility and without giving any justification, provided that he informs the SELLER. In the case of distant contracts for service provision, this period shall commence on the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal may not be used in the service contracts that are executed with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that it has been informed about the right to withdraw by accepting this contract.
    2. In order to use the right of withdrawal within 14 (fourteen) days period, written notice to the SELLER by registered mail, fax or e-mail must be used and the product must not be used in accordance with the provisions of the "Unacceptable Products" set forth in this contract. In case of the exercise of this right,
      1. the invoice of the product delivered to the third party or to the PURCHASER must be sent together with the return invoice issued by the institution upon the return of the returned product if it is institutionalized. )
      2. Return form,
      3. The products to be returned must be delivered complete and undamaged with the box, package and standard accessories, if any.
      4. The SELLER is obliged to return the total price and the documents that undermine the BUYER to the BUYER within 10 days after the withdrawal notification is received and to return the goods within 20 days.
      5. If there is a decrease in the value of the commodity due to a reason caused by the BUYER's failure or if the return is impossible, the BUYER is liable to compensate the losses of the SELLER at the rate of defect. However, the PURCHASER shall not be liable for any changes or alterations caused by the proper use of the goods or products within the period of withdrawal right.
      6. In case of lowering the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used in the campaign shall be canceled.
  10. PRODUCTS THAT WILL NOT BE USED TO BE SUCCESSFULLY BUYER

    or explicitly prepared in accordance with the personal needs of the BUYER and not able to be returned, underwear, swimsuits and bikini bottoms, make-up materials, disposable products, products with the risk of rapid deterioration or the expiry date of the goods, Products returned by the PURCHASER when delivered by the PURCHASER, if they are opened by the PURCHASER, are unsuitable for health and hygiene products, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods for periodicals such as newspapers and magazines, other than those provided under the subscription agreement, Instant services performed on the electronic environment or intangible goods delivered to the consumer immediately, with audio or video recordings, books, digital content, software programs, data storage and data storage devices, If the consumer consumables are opened by the PURCHASER, the return of the consumables is not possible under the Regulation. In addition, before the expiration of the right of withdrawal, the right of withdrawal related to the services initiated with the approval of the consumer is also not possible under the Regulation.

    Cosmetic and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVD, VCD, CD and cassettes and stationery supplies (toner, cartridge, ribbon, etc.) and they must be unused.

  11. NO PAYMENT AND LEGAL RESULTS

    If the BUYER defaults on the payment transactions by credit card, the cardholder agrees, declares and undertakes that he / she will pay the interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the Bank may apply for legal remedies; If the BUYER is in default due to the debt of the BUYER, BUYER accepts, declares and undertakes that the seller will pay the loss and loss due to the delayed performance of the debt.

  12. AUTHORIZED COURT

    The complaints and appeals in disputes arising out of this contract shall be made to the arbitral tribunal or to the consumer court, where the consumer's place of settlement or the consumer transaction within the monetary limits specified in the following law. Information on the monetary limit is as follows:

    For applications to be submitted to consumer arbitration committees in 2017, effective from 01/01/2017:

    This Agreement is for commercial purposes.

    1. District consumer arbitration committees in disputes below 2.400 (two thousand four hundred) Turkish Lira,
    2. Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
    3. Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces without metropolitan status,
    4. Provincial consumer arbitration committees were assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras in the districts which are not metropolitan.
  13. APPLICATION

    When the BUYER performs the payment for the order given on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements in order to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.

    SELLER:

    BUYER:

    DATE: