Distance Selling Agreement
Distance Selling Agreement
DISTANCE SALES CONTRACT
1- PARTIES
Gözlükparkı Optik İthalat ve Pazarlama Ticaret Limited Şirketi ("Seller"), located at Teşvikiye Mahallesi, Nişantaşı Ihlamuryolu Sokak, No:7/4 Şişli/İstanbul, whose address is in Article 5 of this Distance Sales Agreement ("Agreement") ("Buyer") It was established electronically between and within the framework of the terms and conditions specified below.
2- TOPIC
The subject of the Contract is the determination of the rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation and other relevant legal provisions regarding the sale and delivery of the product sold by the Seller to the Buyer, whose qualities and sales price are specified below.
3- ESTABLISHMENT OF THE CONTRACT
3.1- BUYER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS. THE BUYER ACKNOWLEDGES THAT HE HAS REACHED A COMPLETE CONVICTION THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE SUITABLE FOR HIS BENEFIT AND ACCEPTS ALL CONDITIONS WITH HIS OWN FREE WILL.
3.2- SELLER AND BUYER AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT MAY BE DEEMED UNFAIR, AND THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
4- SELLER INFORMATION
Title: Gözlükparkı Optik Import and Marketing Trade Limited Company
Address: Teşvikiye District, Nişantaşı Ihlamuryolu Street, No:7/4 Şişli/İstanbul
Tel: 0212 296 0383
Fax:
Email: info@gozlukparki.com
5- BUYER INFORMATION
Name surname:
Phone:
Email:
6- PRODUCT INFORMATION SUBJECT TO CONTRACT
The type, quantity, brand/model, color, quantity, sales price, payment method of the Goods/Product/Service are as stated below:
Grand Total (Including Taxes): … TL
Carrier Information in case of return: Shipping
Notice of withdrawal will be made;
Address: Teşvikiye District, Nişantaşı Ihlamuryolu Street, No:7/4 Şişli/İstanbul
Tel: 0212 296 0383
Email address: info@gozlukparki.com
Product Delivery Times
Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address specified by the BUYER, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the BUYER does not fulfill its obligation within this period, the BUYER may terminate the Contract.
7- GENERAL PROVISIONS
7.1- The Buyer declares that he/she has read and is informed about the basic characteristics of the product subject to the Contract specified in Article 6, the sales price and payment method and all preliminary information regarding the delivery and has given the necessary confirmation electronically.
7.2- The product subject to the contract is delivered to the Buyer or the person/organization at the address indicated within the period explained in the preliminary information, depending on the distance of the Buyer's residence for each product, provided that it does not exceed the legal period of 30 (thirty) days. If the seller acts contrary to this obligation, the consumer may terminate this Agreement. In case of termination of the Agreement, the Seller is obliged to repay all payments collected, including delivery costs, if any, to the consumer within 14 (fourteen) days from the date of receipt of the termination notice, together with the legal interest determined in accordance with the relevant legislation, and to pay back all valuables, if any, that put the consumer in debt. must return documents and similar documents.
7.3- 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 be delivered does not accept the delivery.
7.4 The Seller is responsible for the delivery of the product subject to the Contract in a sound, complete and in accordance with the qualifications specified in the order. Provided that it is based on a justified reason, the Seller may supply goods or services of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Contract.
7.5 For the delivery of the contractual product, this Agreement must be confirmed electronically and the price of the order subject to the Contract must be paid. If the product price is not paid for any reason or is canceled in bank records, the Seller is deemed to be free from the obligation to deliver the product.
7.6 In cases where it becomes impossible to fulfill the goods or services subject to the order, the Seller is obliged to notify the Buyer in writing or via a permanent data recorder within 3 (three) days from the date of learning of the situation. In this case, the Seller returns all payments collected, including delivery costs, to the Buyer within 14 (fourteen) days from the notification date at the latest.
7.7 The Seller is responsible for any loss or damage that occurs until the goods are delivered to the Buyer or a third party determined by the Buyer other than the carrier.
7.8 If the Buyer requests the goods to be sent by a carrier other than the carrier specified by the Seller, the Seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
7.9 The service offered by the seller is aimed at the consumer within the scope of retail sales; The Seller reserves the right to cancel the order and not deliver the products, even if this Agreement has been established, if the Seller suspects that the Buyer has a resale purpose.
7.10 The product subject to the contract will be delivered to the Buyer or the person/organization at the address indicated by the courier company contracted with the Seller, within the period announced in the preliminary information on the website, depending on the distance of the Buyer's residence for each product, provided that it does not exceed the legal 30 (thirty) day period. is done. The Seller sends the products it sells to the Buyer through cargo companies and has them delivered. In general, unless otherwise stated, delivery costs (shipping fee, etc.) belong to the Buyer. The Seller may not reflect all or part of the delivery costs to the Buyer, depending on the results of the campaigns it carries out at the time of sale and the terms of which are announced on the website.
8- RIGHT OF WITHDRAWAL
In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;
8.1 Consumer; In distance contracts for the sale of goods, the customer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any justification and without paying any penalty. However, the consumer may exercise his right of withdrawal within the period from the establishment of this Agreement until the delivery of the goods. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the seller or provider in writing or via a permanent data storage device within this period.
In determining the period of right of withdrawal;
A. For goods that are subject to a single order and delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,
B. In case of goods consisting of more than one piece, the day when the consumer or the third party designated by the consumer receives the last piece,
C. In contracts where regular delivery of goods is made for a certain period of time, the day when the consumer or the third party designated by the consumer receives the first goods is taken as basis.
8.2 Consumer's right of withdrawal;
I. Goods prepared in line with the consumer's wishes or personal needs,
II. Delivery of goods that can quickly deteriorate or expire,
III. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Delivery of those whose return is not suitable in terms of health and hygiene,
IV. Goods that are mixed with other products after delivery and cannot be separated due to their nature,
V. Books, digital content and computer consumables presented in physical form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods,
VI. Delivery of periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement,
VII. The evaluation of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes that must be done on a certain date or period,
VIII. Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
IX. Before the expiration of the right of withdrawal, the services started to be performed with the approval of the consumer and
X. It does not apply to contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
8.3- If the consumer exercises his or her right of withdrawal, the seller or provider is obliged to return the total price received and any negotiable instruments and similar documents that put the consumer in debt within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal, without incurring any costs to the consumer.
8.4- If the consumer uses the product in accordance with its operation, technical specifications and usage instructions within the period of withdrawal, he will not be responsible for any changes or deteriorations that occur.
8.5- If the consumer exercises his right of withdrawal and sends the goods back through the carrier specified by the seller for return in the preliminary notification, he will not be held responsible for paying the expenses related to the return. If the seller does not specify any carrier for the return in the preliminary information, no fee can be requested from the consumer for the return cost. If the carrier specified in the preliminary information for the return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional costs.
8.6- Unless the consumer makes an offer that the seller will take back the goods himself, the consumer must send the goods back to the seller within 10 (ten) days from the date on which he notifies that he exercises his right of withdrawal.
9- EVIDENCE AGREEMENT AND COMPETENT COURT
9.1- Seller's records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The Parties have agreed that in case of disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees in the place where the Buyer and the Seller reside, within the monetary limits determined within the framework of the legislation, will be authorized by the Consumer Courts of the Buyer and the Seller.
9.2- Information regarding the monetary limit is below:
Value for applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that do not have metropolitan status,
d) Provincial consumer arbitration committees are responsible for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts of provinces that do not have metropolitan status.