Distance Sales Agreement
DISTANCE SALES CONTRACT
This Distance Selling Agreement (“ Agreement ”) has been drawn up for sales made over the internet in accordance with the Law on Consumer Protection No. 6502 dated 07.11.2013 (“ Law No. 6502 ”) and the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014 (“ relevant Regulation ”), and the contract articles are as follows.
ARTICLE 1 – PARTIES
SALES PERSON
Title : Bahar Ozturk
Address : Nisbetiye Neighborhood, Nisbetiye Street, No: 24, Interior Door No: 17, Beşiktaş/İstanbul
Phone : +90 551 351 09 08
Email Address : info@shopallurist.com
1.2 BUYER
Name and Surname :
Address :
Phone :
Email address :
ARTICLE 2 - SUBJECT
The subject of this Agreement is the specification of the rights and obligations of the parties regarding the sale and delivery of the product or products ordered by the BUYER from the www.shopallurist.com domain name of the SELLER, in accordance with the provisions of Law No. 6502 and the relevant Regulations, and whose qualities and sales prices are specified in Article 3 of the Agreement.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
The type and kind of products, quantity, brand/model, color, sales price and delivery information are as follows.
Basic features of the product such as model and color belong to the SELLER www.shopallurist.com The BUYER can review the product's features and images on the website as long as the product is sold.
The price below is the sales price of the product including all taxes.
Product Description :
Price of the Product Including VAT :
Piece :
Shipping Fee :
*Shipping costs will be determined based on the product price. Since it cannot be calculated in advance, additional costs may be incurred.
Payment Method : Cash/ Credit Card Single Payment/ Credit Card [*] Installment
Total Price (VAT included) :
Delivery Method : Delivery to the address
ARTICLE 4 - GENERAL PROVISIONS
4.1 - The BUYER declares that he/she has read and is aware of all the preliminary information regarding the basic qualities of the product or products subject to the Contract specified in Article 3, the sales price, payment method, delivery and the full commercial title, full address and contact information of the SELLER and has given the necessary confirmation electronically.
By confirming this Agreement, the BUYER confirms that he has received the address that should be given to the consumer by the SELLER before the conclusion of distance contracts, the basic features of the ordered product, the price of the product, payment and delivery information and the information that he will be under payment obligation if the order is approved, in a correct and complete manner.
4.2 - Except for products specifically prepared in accordance with the BUYER's requests, the product(s) subject to this Agreement will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's residence, provided that the legal period of 30 (thirty) days from the date the order reaches the SELLER. The shipping cost for delivery will be covered by the BUYER. If the shipping cost is to be covered by the SELLER, this will be stated separately by the SELLER before the conclusion of the Agreement.
4.3 - SELLER is responsible for the delivery of the product subject to the Contract in a sound, complete manner and in accordance with the specifications specified in the order.
4.4 - Delivery of the product subject to this Agreement is subject to acceptance by the BUYER and payment of the price using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER will be deemed to be relieved of its obligation to deliver the product.
4.5- If, after the delivery of the product, the relevant bank or financial institution fails to pay the price of the product on behalf of the SELLER due to the unfair or illegal use of the BUYER's credit card, debit card, debit card or ininal card or other payment systems offered on the website by unauthorized persons, for reasons not caused by the BUYER's fault, the BUYER is obligated to return the product to the SELLER's contact address within 3 (three) days, provided that it has been delivered to the BUYER. In this case, all shipping costs are the responsibility of the BUYER.
4.6 - If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.7- The SELLER shall not be held responsible for any failure to deliver the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.8- The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that it has a justified reason.
4.9- If the SELLER is unable to fulfill its obligations under the Agreement due to the impossibility of fulfilling the ordered product or service, or if the ordered product is not available in stock, the SELLER shall notify the Consumer of this situation before the expiration of the performance obligation arising from the Agreement, and may supply the BUYER with a different product of equal quality and price, if available in stock. The SELLER may also refund the price of the product, provided this right is reserved.
4.10 - If the SELLER is unable to deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may request that the order be canceled, the product subject to the Contract be replaced with a comparable product, if any, and/or the delivery time be postponed until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be paid in cash and in one lump sum within 10 (ten) days.
For payments made by the BUYER using a credit card, debit card, and/or other payment systems offered on the Website, the product amount will be refunded to the relevant bank within 7 (seven) days of the BUYER's cancellation of the order. For payments made with an ininal Card, the product amount will be refunded to the user's ininal Card account within 24 hours of the BUYER's cancellation of the order. The reflection of this amount in the BUYER's account after its refund to the bank and/or the Ininal Card account is entirely dependent on the bank and/or the Ininal Card transaction process, and the SELLER cannot intervene in this matter in any way.
4.11- This Agreement shall become valid after it is accepted by the BUYER. If the order is confirmed, the BUYER shall be deemed to have accepted all terms of this Agreement.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 - The BUYER has the right of withdrawal within 14 (fourteen) days from the delivery of the contractual product to the BUYER or to the person/entity at the address provided. By entering into this Contract, the BUYER acknowledges that they have been informed of their right of withdrawal. To exercise the right of withdrawal, written notice must be sent to the SELLER's contact information provided above within 14 (fourteen) days. The product must not be one of those for which the right of withdrawal cannot be exercised under the provisions of Article 6, must not have been used in any way, and must be suitable for resale by the SELLER.
5.2- In case of exercising the right of withdrawal, the BUYER must return the products to be returned to the SELLER within 10 (ten) days from the date of notification of exercising the right of withdrawal, complete and undamaged, together with the box, packaging, labels, standard accessories (if any), and the invoice. Otherwise, the right of withdrawal will be deemed not to have been exercised.
5.3- The SELLER is obliged to refund the collected payments within 14 (fourteen) days from the date of receipt of the notification regarding the exercise of the right of withdrawal, in a manner appropriate to the payment method used by the BUYER when purchasing the product.
5.4- The shipping cost of the product returned by exercising the right of withdrawal within the specified period will be covered by the SELLER.
5.5 - It is not possible to return or replace any product with another product except in cases where the BUYER exercises his right of withdrawal and other rights arising from the law.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
- For products specially prepared or designed in line with the BUYER's requests or personal needs,
- In products where any changes or additions are made to the original size or design upon the BUYER's request,
- For products with damaged labels, packaging or boxes,
- The right of withdrawal cannot be exercised for products that cannot be resold.
ARTICLE 7 - PROTECTION OF PERSONAL DATA
7.1. The Buyer may open a User Account pursuant to this Agreement by entering their name, surname, and contact information. This information is considered "personal data" under Law No. 6698 on the Protection of Personal Data (" KVKK "). Furthermore, the Seller collects payment information such as credit card information to collect the price of the Product purchased, in addition to the Buyer's name, surname, and contact information, and address information for delivery of the Product. The Seller collects and transfers personal data in this manner to perform the services specified under the Agreement, and the processing of such personal data is required by Article 5/2/c of the KVKK.
7.2. The Seller accepts, declares and undertakes to process the personal data it has collected from the Buyer as mentioned above, within the scope of the service offered under this Agreement, in accordance with the purpose of the Agreement, in connection with the purpose for which it was processed and in a limited manner; to store it until the end of the period required for the provision of the service under this Agreement; to delete, destroy or anonymize the personal data if the reasons requiring the processing of personal data are eliminated; and not to transfer it to third parties without the express consent of the Buyer, except for the performance of this Agreement and for its legitimate interests, provided that it does not harm the fundamental rights and freedoms of the Buyer.
ARTICLE 8 - COMPETENT COURT
In the implementation of this Agreement, Consumer Arbitration Committees and Consumer Courts at the SELLER's place of residence are authorized up to the value declared by the Ministry of Customs and Trade.
By finalizing the order, the BUYER will have accepted all the terms of this Agreement.