DISTANCE SALES CONTRACT
ARTICLE 1-PARTIES
Seller Title: AKİf KASABOĞLU TEXTILE SAN. TIC. LTD.. STI. (hereafter referred to as the “Seller”.)
Seller Mersis No: 0028009220100015
Authorized Person Acting on Behalf of Vendor Legal Entity: ________
Vendor Address:
Kestel Organized Industrial Zone
Beamcioglu Street No: 1 16450;
Kestel/BURSA
Vendor Phone: +90 (224) 364 68 22
Satıcı E-mail: info@berranosposa.com
1.2- BUYER
Recipient Title: ________ (hereafter referred to as “Recipient”.)
Recipient Mersis No: _________
Recipient Address:
________
Recipient Phone: ________
ARTICLE 2- CONTRACT SUBJECT
This distance sales agreement (hereafter referred to as the “Contract”) relates to the determination of rights and obligations between the buyer and the seller in accordance with the provisions of the Law no. 6502 on Consumer Protection regarding the sale of the product specified below, which the buyer ordered through the seller’s e-mail message contact information.
ARTICLE 3-CONTRACTUAL PRODUCT FEATURES, PRICE AND PAYMENT FORM
3.1- The product subject to the contract will be ordered ___ quantity and its specifications are as follows:
________
3.2- The contract price is agreed by the parties as ____ (___ turkish lira). The receiving party must pay the agreed price during the __ day. Otherwise, the delivery obligation of the seller will be eliminated.
It has been decided to pay the contract price in the following form of payment:
________
ARTICLE 4- THE PLACE OF EXECUTION AND DELIVERY OF THE CONTRACT
It is accepted that the contract comes into force with the approval of the buyer. The contract is executed by delivering the product purchased by the buyer from the seller.
The product subject to the contract will be delivered by cargo to the delivery address specified by the buyer.
Delivery address:
________
4.2-If the subject of the contract is to receive the movable goods from the buyer by another person, the seller shall not have any responsibility if the receiving person refrains from receiving the movable goods.
Persons authorized to receive the goods that are subject to the contract other than the buyer:1
1-________
Phone number: ________
ARTICLE 5-DELIVERY COSTS AND EXECUTION
The delivery costs of the product in question of the contract belong to the buyer. Delivery is made by the seller within a maximum of __ days, with the buyer paying the contract price to the seller. If the buyer has not paid the agreed price within the day of the signing of the contract, the delivery load of the vendor party will be eliminated.
The invoice will be delivered to the buyer during the delivery of the products.
STATEMENTS AND COMMITMENTS OF THE BUYER AND SELLER
The BUYER will check the contracted product before receiving it, it is deformed, worn, its packaging torn, etc. will not receive the damaged and defective product from the cargo company. The received product will be considered undamaged and robust. The debt of careful protection of the product after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the product should not be used, the invoice must be refunded. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The product delivery price returned due to the right of withdrawal is covered by the Seller. If the bank or financial institution concerned does not pay the product price to the Seller due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, which is not caused by the defect of the BUYER after the delivery of the product, the BUYER is obliged to send the product to the Seller within 3 (three) days provided that it has been delivered to him. In this case, the delivery expenses belong to the BUYER. In addition, the BUYER agrees that the delivery made to the address shown by the BUYER and the person present at the time of delivery at this address will be considered as a delivery to the BUYER.
The seller is responsible for delivering the contracted product in a robust, complete, accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to another person/organization other than the BUYER, the Seller cannot be held responsible for the refusal of the person/organization to be delivered. The Seller undertakes to withdraw the product from the date of receipt of the product without any legal or criminal responsibility and without any justification, or to withdraw from the contract within 14 (fourteen) days from the date of signing of the contract, and from the date the notice of withdrawal reaches the seller or provider. The seller returns the product price and, if any, the valuable documents within 14 (fourteen) days after the declaration of withdrawal reaches him. The product receives a refund within 14 (fourteen) days. For good reason, the seller may supply the product with equal quality and price to the BUYER before the performance period in the contract expires. If the seller believes that the delivery of the product is impossible, the buyer shall notify the buyer before the performance of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, replace the contracted product with its precedent if any, and/or postpone the delivery time until the blocking situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, will be returned within 14 (fourteen) days.
ARTICLE 7-LIABILITY FOR DAMAGE
Except in discrete circumstances arising from the necessity of the situation or the special conditions stipulated in the contract, the benefit and damage of the seller belongs to the seller until the moment of transfer of the ziliment in the movable sales. In movable sales, if the buyer defaults on the acquisition of the value of the sale, the benefit and damage of the sale passes to the buyer as if the transfer of the ziliment has occurred. If the seller sends the seller’s request elsewhere at the place of performance, the benefit and damage will pass to the buyer as soon as the seller is delivered to the carrier.
ARTICLE 8-MONOPOLY AGAINST THE AYIBA
The seller is obliged to deliver the product subject to the contract in a robust, complete manner and in accordance with the qualifications specified in the contract.
The seller is responsible for the absence of the reported qualities of the product being the subject of the contract, the absence of the quality or quantity, eliminating its value in terms of its intended use and the benefits the buyer expects from it, or for the presence of significant material, legal or economic defects.
The receiving party is obliged to review the movable goods it receives within a reasonable period of time. If the seller sees a defect that requires the responsibility of the seller in the movable goods sold, he must notify the seller within the appropriate time.
The seller shall also be liable for any defects that the buyer may see by properly reviewing what is sold, but only if he undertakes that such a shame does not exist.
The seller party is not responsible for any defects known to the buyer at the time of the establishment of the sales contract.
If the seller is severely imperfect in transferring the sale of the sold by the party, no arrangements can be made to remove the seller’s responsibility for the defect. The heavily defective seller cannot partially reslerretract responsibility, claiming that the defect in the contractual movable goods is not reported within the period of time.
The buyer may return from the contract by declaring that he/she is ready to return the product he purchased, prevent the sale and ask for a reduction in the sale price, if it does not require excessive expenses, ask for free repair of the one sold at the expense of the seller, or, if possible, request that the sold product be replaced with a defective similar.
ARTICLE 9-FORCE MAJEURE
Situations that do not exist or are not foreseeable at the time of signing of the Contract, which develop outside the control of the parties, whose emergence prevents one or both parties from fulfilling their debts and responsibilities imposed by the contract in whole or in part, or to fulfill them at the agreed time, are considered force majeure. In the event of force majeure (natural disaster, war, terrorism, uprising, changing legislation provisions, seizure, strike, lockout, significant failure of production facilities), the party that cannot perform its debt for force majeure reasons will immediately notify the other party in writing.
ARTICLE 10-RIGHT TO WITHDRAWAL
Buyer has the right to withdraw from this contract within 14 days without any justification and without paying any punitive conditions. It is sufficient that the notification that the right of withdrawal has been exercised has been directed to the seller during this period.
The buyer may use the movable goods he has received to the extent required by a routine review, otherwise it is not possible to exercise the right of withdrawal.
If the right of withdrawal is exercised, the cargo price is covered by the seller.
ARTICLE 11-DISPUTE RESOLUTION
In order to resolve disputes arising from this agreement, the Provincial and District Consumer Arbitration Committees are authorized to the Consumer Courts in cases that exceed these limits until the value declared by the Ministry of Customs and Trade. The Consumer Arbitral Tribunal and Consumer Courts are authorized where the buyer purchases the product and service and where his residence is located.
CONTRACT SIGNING DATE: _________
BUYER Signature
SALESER Signature
