Article 1: Parties
1.1. SELLER: www.sacqa.com
Telephone: 0532 2555542
Email Address: firstname.lastname@example.org
Article 2: Subject
This Distant Sales Agreement (“Agreement”) has been drawn up in accordance with the Law on Protection of the Consumers and the Regulation on Distant Agreements. The subject of this agreement is to set out the rights and obligations of the parties in accordance with the Law no. 4077 on Protection of the Consumers and the Regulation on Distant Agreements and with respect to the sale and delivery of the products the characteristics and sales prices of which are given below (“Product(s)” and which are ordered by the BUYER through electronic media via the SELLER’s website under the domain name: www.sacqa.com (“Website”).
Article 3: Contract Products, Prices, Payment and Delivery
The kind and type, quantity, brand/model, color, sales price inclusive of all taxes, delivery costs and delivery information of/for the Products are as follows.
Shipping Fee0.00 TL
Total (Inclusive of VAT) Price
Other matters regarding the delivery are specified in the relevant provisions of the Agreement.
Article 4: General Provisions
4.1. The BUYER accepts that the preliminary information about the products’ basic characteristics, sales price inclusive of all taxes, and the payment method indicated in the WEBSITE, and about the delivery, right of withdrawal, and usage conditions have been delivered to the BUYER, and that the BUYER has read and gained information about the same, and that the BUYER has granted electronically the approval necessary for the sale.
4.2. The contract product is delivered by the SELLER’s contracted cargo firm to the BUYER or to the person/entity at the address indicated by the BUYER within 7 business days depending on the distance to the settlement of the BUYER, provided that the legal term of 30 days (and an extension of 10 days by informing the BUYER in advance) is not exceed for each product.
4.3. In general, unless indicated otherwise, the delivery costs (shipping cost etc.) are borne by the BUYER. The SELLER, depending on the results of the campaigns that are carried out during the time of the sale and the conditions of which are announced through the WEBSITE by the SELLER, may choose not to reflect whole or a part of the delivery costs to the BUYER.
4.4. In case the BUYER is not present in person at his/her address during the delivery of the products that are delivered at the address, the SELLER will be deemed to have fulfilled its performance fully and completely. In case there is no person to take the delivery at the address, it will be the BUYER’s responsibility to follow-up the delivery of the products by contacting the cargo firm. If the Product will be delivered to a person/entity other than the BUYER, the SELLER may not be held responsible for the recipient person’s/entity’s not being present at the address or not accepting the delivery. In such cases, all kinds of losses arisen due to the fact that the BUYER htook the delivery of the Product late, and all costs incurred due to the fact that the Product was kept waiting at the cargo firm and/or the cargo was returned to the SELLER will also be borne by the BUYER.
4.5. The BUYER is responsible for checking the Product at the time of delivery and, if the BUYER detects any problems arisen from the cargo, for not accepting the Product and for having the CARGO firm personnel draw up a report. Otherwise the SELLER will not assume any responsibility. During delivery of the PRODUCT, in case requested so by the SELLER, the BUYER is obligated to sign a printed copy of this Agreement; in case the BUYER fails to sign the same, the PRODUCT may be not delivered. This Agreement which was approved by the BUYER during shopping via the WEBSITE is sufficient and valid in any case.
4.6. Unless otherwise provided for in written by the SELLER, the BUYER should fully pay the price of the Product before the delivery. In case the price of the Product has not been paid in full to the SELLER before the delivery in cash sales, or in case any installment amount due has not been paid in installment sales, the SELLER may terminate the Agreement unilaterally and may choose not to deliver the Product.
4.7. In case the Bank/finance institution of the credit card used for the transaction fails to pay the Product price to the SELLER due to any reason after the delivery of the Product, the Product is returned to the SELLER by the BUYER within 3 days at the latest. In case failure to pay the Product price is caused by the BUYER, the shipping costs will be borne by the BUYER. The SELLER, additionally and in any case, without accepting the return, reserves all other contractual-legal rights including any proceeding for receivables for the Product price. For the avoidance of doubts; in the cases where the BUYER pays the sales price by any credit card, installment card etc. that are taken from any Banks and finance institutions and held by the BUYER, all the facilities provided by such cards are the credit facilities and/or facilities for payment in installments that are provided directly by the institution granting the card; any Product sales performed within this frame and the price of which have been collected fully in a single sum or step by step in installments by the SELLER are not a sale on account or sale on installments for the Parties to the Agreement but a sale for cash. The SELLER has and reserves the legal rights in the cases where the sales are legally deemed as a sale on installments (including the right to terminate the agreement and/or to claim payment of the remaining debt in full together with the default interest in case any installment is not paid). In case of default by the BUYER, a default interest at a rate determined by the legislation is applied.
4.8. In case the Product cannot be delivered within the legal 30 day period due to any extraordinary conditions (adverse weather conditions, heavy traffic, earthquake, flood, fire etc.) other than the normal sales/delivery conditions and if the delay continues for more than 10 days, the SELLER informs the BUYER of the delivery. In such a case, the BUYER may cancel the order, may order a similar product, or may wait until the end of the extraordinary condition. In cancellations of orders, if the Product price has already been collected, the Product price is reimbursed to the BUYER within 10 days as from the cancellation. In payments by credit card, the reimbursement transaction is performed by means of reimbursement to the credit card of the BUYER, and the Product price is returned to the relevant bank within 10 days after cancellation of the order by the BUYER; since transfer of said amount to the BUYER’s accounts after completion of the reimbursement to the bank is solely subject to the Bank transaction processes, the BUYER accepts in advance that it is impossible for the SELLER to intervene in any way to, and to assume any responsibility for, any potential delays. (In general it may take three weeks for the banks to transfer the reimbursement to a BUYER’s account).
4.9. The BUYER may notify the SELLER of any requests and complaints about the Product and sale through the SELLER’s communication channels indicated in the preamble of the Agreement. During delivery of the PRODUCT, in case requested so by the SELLER, the BUYER is obligated to sign a printed copy of this Agreement; in case the BUYER fails to sign the same, the PRODUCT may be not delivered. This Agreement which was approved by the BUYER during shopping via the WEBSITE is sufficient and valid in any case.
4.10. The SELLER, in case it is understood that the contract Product/service cannot be supplied due to any just cause other than he extraordinary conditions, notifying clearly and understandably the BUYER of the situation and obtaining the consent of the BUYER, may supply another goods/service which is of equivalent price and quality, and the SELLER is deemed to have fulfilled its Contractual obligations in this way. In case the BUYER does not grant his/her consent, the provisions regarding cancellation of order apply.
4.11. This Agreement which was approved by the BUYER after the preliminary information was received and confirmed by the BUYER remains in effect until the parties fulfill their payment/delivery obligations arising out of this Agreement, save for the relevant provisions.
Article 5: Right of Withdrawal
5.1. The SELLER undertakes the following to the BUYER.
“We undertake that the Consumer has the right of withdrawal from the agreement by refusing the goods or the service within seven days as from the delivery date of the goods or the date of signing of the agreement without assuming any legal and penal liability and without giving any justification, and that we will get back the goods as from the date of delivery of the withdrawal notification to the seller or supplier.”
5.2. However, as per the relevant legal regulations, there is no right of withdrawal in the agreements for the following goods/services even though the goods/services have not been used/utilized: Any goods that are produced according to the special desires or personal needs of the consumer (including those goods/services that are customized according to the personal/private needs by means of modifications or additions on the original one). Additionally, other goods-services which are deemed to be out of the scope of distant sale in accordance with the relevant legislation, and those services which are started to be performed within the period of right of withdrawal with the approval of the Consumer.
5.3. It is compulsory to notify the SELLER within this period of time in order to exercise the right of withdrawal. (This notification can be made to the SELLER’s communication address indicated in this Agreement by a continuous data carrier-remote communication device such as mail, electronic mail etc.) In case said right is exercised, in addition to said notification, a copy of the cargo delivery record (as per the tax legislation) regarding that the Product delivered to the BUYER or any third person has been sent to the SELLER, and the original of the invoice must be returned. Furthermore, the Products that must be returned must be delivered completely and free of damages to the SELLER together with their box, package and, if any, standard accessories. The shipping cost for the Product that is returned by exercising the right of withdrawal is borne by the SELLER.
5.4. In addition to the cases where the BUYER should issue a return invoice, the section for return on the bottom of the invoice to be returned with the Product will be filled and signed. Those order returns the invoices of which are drawn up in the name of the corporate will not be accepted unless a RETURN INVOICE is issued.
5.5. The Product price is returned to the BUYER within 10 days following delivery of the documents written above and the Product to the SELLER. In credit card payments, the return transaction is performed by means of return to the credit card of the BUYER. (The provisions and descriptions of the article 8 of the General Provisions regarding withdrawal and return are also applicable in the cases of return due to exercising of the right of withdrawal).
5.6 In the Products for which the right of withdrawal can be exercised, again in accordance with the legislation, in case there is any modifications or deteriorations on the goods occurred due to any use other than the customary use or there is any value decrement due to any fault of the consumer, and if it is impossible for the Consumer to return said value decrement the Consumer must recoup the price of the goods (the aforementioned sales price) to the SELLER.
Article 6: Agreement on Evidence and the Court of Competent Jurisdiction
6.1. In settlement of any disputes that might arise out of this Agreement and/or its performance, the records of SELLER and BUYER (including the records in the magnetic environment such as the computer-voice records etc.) constitute conclusive evidence; and the Consumer Arbitration Committee is authorized in those cases that are within the monetary limits determined in December each year by the T.R. Ministry of Customs and Trade, or in other ceases exceeding said limit the Consumer Courts and Enforcement Offices in the settlement locations of the SELLER are authorized.
6.2. The BUYER declares that the BUYER read all the explanations and conditions written in this Agreement and in the order-agreement preliminary information form constituting an integral part of this Agreement, that the BUYER gained in advance information about the right of withdrawal and all the preliminary information on the sale Product such as the basic characteristics of the sale Products, the sales price, payment method, delivery conditions etc., that the BUYER has seen the preliminary information in the electronic environment on the WEBSITE and that the BUYER ordered the Product and agreed on the provisions of this Agreement by means of confirming-approving the same in the electronic environment.