DISTANT SALE CONTRACT

 

 

1. PARTIES

 

This contract was signed between the parties indicated below under the following terms and conditions:

A. "BUYER" (shall be hereinafter referred to as BUYER")

B. "SELLER"; (shall be hereinafter referred to as SELLER")

 

By accepting this contract the BUYER is deemed to accept in advance that if it approves the order under contract it will be obliged to pay the contract price and additional fees including shipping cost, taxes etc., if any, and that it was informed thereof accordingly.

 

2. DEFINITIONS

 

The terms written below shall have the meaning written across them as far as the enforcement and interpretation of this contract is concerned.

“Minister” means the Minister of Customs and Trade,

“Ministry” means the Ministry of Customs and Trade,

“Law” means the Law on the Protection of the Consumer No.6502,

“Regulation” means the Regulation on Distance Contracts (RG:27.11.2014/29188),

“Service” means the subject of all kinds of consumer transactions made or undertaken in consideration for a fee or interest,

“Seller” means the company supplying goods to the consumer or acting in the name or to the account of the supplier of goods under the scope of commercial or professional activities,

“Buyer” means a real or legal person acquiring, using or utilizing goods or services for non-commercial or professional purposes,

“Website” means the website belonging to the seller,

“Ordering Party” means the real or legal person who orders goods or services over the internet site belonging to the seller.

“Parties” means the seller and the buyer,

“Contract” means this contract signed between the seller and buyer,

“Goods” means the movable goods which are the subject of the commercial transaction.

 

3. SUBJECT

 

This contract sets forth the rights and obligations of the parties pursuant to the provisions of the Law on the Protection of the Consumer No. 6502 and distance contract concerning the sale and delivery of the product with specifications and sale price given below which was ordered by the buyer in electronic environment over the website belonging to the seller.

The prices announced on the website are sale prices. The prices and maturities announced shall be valid until they are updated and changed. The prices announced for a definite period of time are valid until the expiry of that period.

 

4. INFORMATION ON THE SELLER

 

Title: Leyla Rana Taranto

Address: Harbiye Mah. Maçka Cad. Kazım Gerçel Apt.11/4 Nişantaşı/İstanbul

Phone: 0(212) 234 63 51

E-mail: info@galerisantim.com

 

5. INFORMATION ON THE BUYER

 

Receiver:

Delivery Address:

Phone no:

Fax:

E-mail/ User name:

 

6. INFORMATION ON THE ORDERING PARTY

 

Name/ Surname/ Title

Address

Phone no.

Fax

E-mail/ User name

 

7. INFORMATION ON THE PRODUCT/PRODUCTS UNDER CONTRACT

 

7.1. The basic specifications of the Products (type, amount, brand/model, colour, number of pieces) are announced on the website belonging to the SELLER.

7.2. The listed prices announced on the website are sale prices. The prices and maturities announced are valid until they are updated or changed. The prices announced for a definite period of time are valid until the end of that period.

7.3. The sale price of the products including all taxes is indicated below.

 

Product Explanation, Price per piece/ per unit, Subtotal

(VAT included)

Shipping cost

Total:

Method of payment and Payment Schedule

Delivery Address

Receiver

Invoice Address

Delivery Date

Type of delivery

7.4. Free of shipping cost if the delivery address is within Turkey.

 

8. INVOICE DETAILS

 

Name/Surname/Title

Address

Phone No.

E-mail

Turkish Identity No or Tax No.

Delivery of the invoice: The invoice shall be delivered to the invoice address by email during the delivery of the orders or thereafter.

 

9. GENERAL PROVISIONS

 

9.1. BUYER agrees, declares and undertakes that it has read and been informed about the preliminary information given on the website belonging to the seller about the basic specifications, sale price and method of payment and delivery of the product under the contract and has given its consent for it in electronic environment by expressing its consent for the preliminary information in electronic environment. The BUYER is deemed to agree, declare and undertake that it has obtained before the execution of the distant sale contract the information to be supplied by the SELLER to the BUYER including the address, basic specifications of the products ordered, price of the products including the taxes, payment and delivery details, correctly and completely.

 

9.2. The SELLER agrees, declares and undertakes that it shall deliver the product under the contract completely and in compliance with the specifications stated in the orders together with the relevant warranty certificates, user manuals and other information and documents to be provided as a matter of the business, free of all defects in accordance with the requirements of the relevant legislation and that it shall perform the works in accordance with the relevant standards under the scope of the principles of fairness and decency and that it shall maintain and raise the service quality, take due care during the performance of the job and move forward in a prudent and farsighted manner.

 

9.3. SELLER may supply a different product with an equal quality and price by providing information to and obtaining the express consent of the BUYER before the expiry of the period for the performance of the obligations arising out of the contract.

 

9.4. The SELLER agrees, declares and undertakes that if it becomes impossible for the seller to perform its contractual obligations as a result of it becoming impossible to supply the ordered product or perform the ordered service, it shall inform the consumer thereof within 3 days as of the date on which it has been informed thereof and that it shall return the total amount to the BUYER within a period of 14 days.

 

9.5. BUYER agrees, declares and undertakes that it shall confirm this contract in electronic environment for the delivery of the product under contract and that the SELLER shall be relieved of its contractual obligation to deliver the said product if the buyer fails to pay the product price for any reason whatsoever and /or the records of such payments in the bank have been cancelled.

 

9.6 BUYER agrees, declares and undertakes that if the price of the product under contract is not paid by the relevant bank or financial institution to the SELLER due to the unjust use of the credit card belonging to the BUYER by unauthorized people after the delivery of the product under the contract to the BUYER or to the person and/ or entity at the address indicated by the BUYER, BUYER shall return the product under the contract to the seller within 3 days provided that the transportation costs shall belong to the SELLER.

 

9.7. If the SELLER becomes unable to deliver the product under contract within the specified period of time due to the occurrence of unforeseeable circumstances beyond the control of the parties preventing or delaying the performance of their obligations, SELLER agrees, declares and undertakes that it shall inform the BUYER thereof accordingly. And the BUYER has the right to request from the sellers the cancellation of the order, the replacement of the product under contract with a similar product, if any, and/ or the postponement of the delivery time until the removal of the force majeure. If the order is cancelled by the buyers, product price shall be paid to the BUYER in cash at once within 14 days as far as far as payments in cash made by the buyer are concerned. In case of payments made by the BUYER with credit card, the product price shall be returned to the relevant bank within 14 days after the order was cancelled by the buyer. The BUYER agrees, declarers and undertakes that it may take 1 to 2 weeks in average for the bank to transfer the amount, which was returned to the credit card by the SELLER, to the BUYER’s account and that the process of transferring the amount returned to the credit card by the SELLER into the BUYER’s account is totally unrelated to the process of banking transactions and consequently the BUYER cannot hold the SELLER responsible for the potential delays.    

 

9.8. The SELLER has the right to contact and have access to the buyer for the purpose of communication, marketing, giving notice etc. through sending letters, email, SMS, making phone calls and using other means by using the means of communication stated by the buyer on the registration form on the website or updated by the BUYER thereafter including mail address, emails, fixed and mobile phone number etc.  By signing this contract the BUYER is deemed to agree and declare that the SELLER may carry out the above mentioned communication activities directed at the buyers.

 

9.9. Before taking delivery of the goods/ service in question BUYER shall open and control it together with the delivery person and note down in an official record of any Product defect and damage like crushed, broken products or products with a torn packaging. In this case BUYER shall not take delivery of the goods and inform the SELLER thereof. The product & service taken delivery of shall be deemed to be damage free and in good condition. BUYER is obliged to take care for the protection of the goods/ service after delivery. If the right of withdrawal is to be exercised the goods/services must not be used. The goods where the right of withdrawal is exercised has to be returned with the invoice.

 

 

9.10. If the BUYER and the holder of the credit card used during the orders are not the same person or if a security deficit was identified concerning the credit card used for ordering the product before the delivery of the product to the BUYER, SELLER may request from the buyer the identity and contact details belonging to the holder of the credit card, the bank statement of the credit card used for the orders belonging to the previous month or a letter issued by the bank of the credit card holder certifying that the credit card belongs to the BUYER. The order shall be suspended for the period of time until the submittal of the requested information and documents by the BUYER. SELLER reserves its right to cancel the order if those requests are not met within a period of 24 hours.

 

9.11 BUYER represents and warrants that the personal information and other types of information that it has supplied for membership to the website are true and that the buyer shall compensate all the losses incurred by the SELLER due to the incorrectness thereof promptly in cash and at once upon the first notice given by the SELLER.

 

9.12 BUYER agrees and undertakes in advance that it shall comply with the provisions of the relevant legislation and shall not violate them while using the web site. All legal and panel obligations that shall otherwise arise shall be totally and exclusively binding on the BUYER.

 

9.13 BUYER can by no means use the website belonging to the SELLER unlawfully and against the public order and general morality and in a manner that disturbs and harasses others, nor can it use it for illegal purposes and in a manner that infringes upon the material and immaterial rights of others.

Furthermore, the member cannot engage in activities (spam, virus, Trojan horse etc.) and make transactions preventing the use of services by others or making such use difficult.

 

9.14 A member who violates one or several articles of this contract shall be personally liable in penal and legal terms due to that violation and shall keep the SELLER harmless of the legal and penal consequences thereof. Furthermore, if legal remedy is sought due to that violation, the SELLER reserves its right to claim indemnity from the member in question due to non-compliance with the membership contract.

 

10. RIGHT OF WITHDRAWAL

 

10.1 If the distant contact is related to the sale of goods, the BUYER can exercise its right of withdrawal from the contract by refusing the goods without assuming any legal and penal liability and showing any legal grounds within 14(fourteen) days as of the date of delivery of the product to itself or to the person and/or entity at the address specified by the BUYER, provided that the SELLER is notified thereof. On the other hand, as far as distant contracts related to the provision of service is concerned that period of time starts on the date of signing the contract. Before the expiry of the period of right of withdrawal from the contract, the right of withdrawal cannot be exercised as far as service contracts are concerned where the provision of service started with the approval of the consumers. Expenses arising out of the exercise of the right of withdrawal belong to the SELLER. By accepting this contract BUYER is deemed to accept in advance that it was informed about the right of withdrawal.

 

10.2. The exercise of the right of withdrawal requires sending a written notice to the SELLER by registered mail or email within a period of 14 (fourteen) days and if that right is exercised, requires that the product has not been used under the scope of the provisions on the "products for which the right of withdrawal cannot be exercised", as provided for by this contract.

 

a) If the invoice for the product intended to be returned is a corporate invoice, the invoice issued for the product delivered to the 3rd person or BUYER must be sent together with the return invoice issued by the corporate entity.

The return of the orders for which the invoice was issued to the name of a corporate entity shall not be completed unless a RETURN INVOICE was issued.

 

b) The products to be returned must be delivered completely together with its box, packaging and standard accessories, if any, and in a damage-free condition.

 

c) SELLER is obliged to return to the buyers the total price of the product and the documents that burdens the BUYER with debt within 14 days as of the date of delivery of the notice of withdrawal to the SELLER and to take delivery of the goods within a period of 20 days.

 

d) If the right of withdrawal will be exercised for a product where the SELLER organizes a campaign or a sale at a discounted price, the amount of price reduction taken advantage of under the scope of the campaign or discount shall be cancelled.

 

e) If the goods are depreciated or become impossible to be returned due to a fault of the BUYER, BUYER shall be liable for the indemnification of the losses incurred by the SELLER in proportion to its fault. However, BUYER shall not be responsible for the changes and deteriorations of the products occurring due to the use of the goods or product in compliance with their purpose of use within the period of right of withdrawal.

 

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

 

A bespoke or customized order of the buyer can not be changed, cancelled or returned. Under the relevant regulation it is impossible to return the products which are not suitable to return and whose packaging was opened after the delivery to the BUYER.

 

12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

 

If the BUYER lapses into default in cases where it made the payment transactions by credit card, the card holder agrees, declarers and undertakes that it shall pay interest and be liable against the bank under the scope of the credit card contract signed between itself and the bank. In that case, the relevant bank may seek legal remedies; and may claim from the BUYER the costs that may arise therefrom and the attorney’s fees and, under any conditions, the BUYER agrees, declares and undertakes that it shall compensate the losses and damages incurred by the SELLER due to the delayed payment of the debt.         

 

13. COMPETENT COURT

 

The complaints and objections regarding the disputes arising out of this contract shall be submitted to the Board of Arbitrators or Consumer Court at the place of residence of the consumer or at the place where the consumer transaction is made within the monetary limits specified in the law as indicated below. Information on the monetary limits is given below:

 

With regard to the applications to be made to the Board of Arbitrators for consumers for the year 2021 are concerned, applicants shall apply to The District Board of arbitrators for consumers as far as disputes with a value under TRY 7,505 are concerned and they shall apply to the Provincial Board of Arbitrators for consumers as far as disputes with a value between TRY 7,550 and TRY 11,330 in the metropolitan cities are concerned.

Provincial Board of Arbitrators for consumer affair shall be authorized within the provincial boundaries and the Board of Arbitrators for consumer affairs in the districts shall be authorized within the boundaries of the district. In the districts where no Board of Arbitrators for consumer affairs was established, the Board of Arbitrators for consumer affairs appointed by the Ministry for the district in question shall fulfil the same function. Applications may be submitted to the Board of Arbitrators for consumer affairs at the place of residence of the consumer or to the Board of  Arbitrators for consumer affairs at the place where the consumer transaction was made. If no Board of Arbitrators for consumer affairs was established in the district where an application may be submitted, the costumers may submit their applications to the district governorship.

14. EFFECTIVITY

 

BUYER shall be deemed to have accepted all terms and conditions of this contract at the moment when it makes the payment belonging to the orders that it has made over the website. Before the placement of the order, SELLER is obliged to make software arrangements needed to obtain the approval confirming that this contract was read and accepted by the BUYER.

SELLER:

BUYER:

DATE: