Distance Sales Contract
DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
1.1- SELLER
Title: Selma Karabacak Comert (Selmera Global)
Address: Halkalı Merkez Mahallesi 1. Karadut Sokak Nur-u Hayat Evleri No. 26 Flat: 25 34303 Küçükçekmece/İstanbul.
Phone: 05317896668
Email: iletisim@selmeraglobal.com.tr
1.2- BUYER
Name/Surname/Title: [invoice-name]
TR Identity Number: [tc-identity-no]
Address: [invoice-address]
Phone: [phone]
Email: [email]
ARTICLE 2 - SUBJECT
The subject of this distance sales contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website named selmeraglobal.com.tr.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
Product Name Product Quantity Unit Price Total Amount
[basket-amount]
The Type and Kind of Products, Quantity, Brand/Model, Color, Sales Price are as stated above and this information has been approved by the BUYER.
Total Order Amount: [cart-amount]
Delivery Address: [shipping-address]
Person to be Delivered: [cargo-name]
Billing Address: [shipping-address]
Shipping Fee: 0.00 TL
Delivery will be made to the address specified above by the SELLER through the cargo company. The cargo fee will be paid by the BUYER. Cargo Fee: 0.00 TL and the cargo fee is added to the total amount of the order. Delivery will be made to the BUYER's address specified above through the contracted cargo company. However, the SELLER may not reflect all or part of the cargo fee to the BUYER depending on the results of the campaigns it conducts at the time of sale and/or the terms of which it announces on the selmeraglobal.com.tr domain website. If the SELLER has declared on its website that the delivery fee of those who shop above the declared price will be covered by it or that the delivery fee will be covered by it unconditionally, the delivery expense belongs to the SELLER.
ARTICLE 4 - GENERAL PROVISIONS
4.1- BUYER accepts and declares that he/she has read and is fully informed about the basic characteristics, sales price, validity period of prices, payment method and preliminary information regarding delivery and other information of the product(s) subject to the contract offered for sale on the internet site named selmeraglobal.com.tr belonging to SELLER, which are stated on the site and given above, and that he/she has given the necessary confirmation regarding the purchase in electronic environment.
4.2- The product(s) subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within this 30 (thirty) day period, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period following the delivery of the order to the SELLER, as determined by laws and regulations. However, for pre-order product(s), this 30-day legal period shall start from the sales date announced on the sales page of the relevant product, and delays may occur on this sales date due to the supplier company. In this case, the SELLER shall inform the BUYER in writing in advance. In this case, the BUYER may exercise one of the rights to cancel the order or to wait for the delivery period and have the product(s) subject to the order delivered. In the event that the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single payment within 14 (fourteen) days.
4.3- If the product(s) subject to the distance sales contract are 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(s) will be delivered does not accept the delivery.
4.4- SELLER is responsible for ensuring that the product(s) subject to the distance sales contract are intact, complete, in compliance with the specifications specified in the order, and if applicable, the warranty documents and user manuals until the product(s) are delivered. BUYER is responsible for checking the product(s) upon receipt and, in the event of a problem with the product(s) arising from the cargo, not accepting the product(s) and having a report drawn up by the cargo company official.
4.5- For the delivery of the product(s) subject to the distance sales contract, it is a condition that this distance sales contract has been confirmed electronically and the price of the product(s) has been paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- If the payment for the product(s) subject to the distance sales contract is made by the BUYER via credit card, all legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card owner or the person to whom the product will be delivered, belong to the BUYER. The BUYER accepts and undertakes that it will not make any claims from the SELLER in the event of any damages in the aforementioned cases.
4.7- In case the payment for the product(s) subject to the distance sales contract is made by the BUYER via an ATM or branch of any Bank, the BUYER accepts and undertakes to send the IBAN number of a bank account belonging to him/her to the SELLER's e-mail address iletisim@selmeraglobal.com.tr in a correct and complete manner, in order to be used in cases where the product price needs to be returned to the BUYER within the framework of the conditions specified in this contract, and to consent to the SELLER returning the IBAN number.
4.8- If the SELLER cannot deliver the product(s) subject to the distance sales contract within the due date due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation and/or technical reasons etc., the SELLER is obliged to notify the BUYER of the situation within 3 (three) days. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product(s) subject to the distance sales contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. In the event that the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER in cash and in a single transaction within 14 (fourteen) days.
4.9- BUYER may forward his/her requests and complaints to the above SELLER address, telephone, fax and e-mail addresses.
4.10- If the BUYER resides/is located outside the borders of the Republic of Turkey and/or the address to which the product will be delivered is outside the borders of the Republic of Turkey, he/she hereby accepts, declares and undertakes that he/she will be responsible for all kinds of customs duties, fees and other financial liabilities that will be accrued in accordance with the laws, regulations and relevant legal regulations of the country where he/she resides/is located and/or where the product will be delivered due to the purchase of the product in question, and that he/she will immediately and in kind make all payments that will be requested for the delivery of the product. In addition, if the BUYER's address is outside the distribution area of the cargo company that the SELLER has an agreement with, the BUYER, if he/she wishes, accepts, declares and undertakes in advance that he/she will pay all expenses and fees that will be requested for the delivery of the product or that the product/products subject to sale will be collected personally by the BUYER/RECIPIENTS included in this distance sales contract from the relevant branch of the cargo company that the SELLER has an agreement with. The BUYER will be informed about this situation in advance by the cargo company that the SELLER has an agreement with, and the BUYER may withdraw from the contract if he/she wishes.
4.11- All or part of the product/products purchased by the BUYER and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, used as a derivative work, transferred or sold. The BUYER hereby accepts and undertakes that it will not use the product it purchased for illegal purposes and/or in such prohibited ways. Otherwise, all legal and criminal liabilities that may arise belong to the BUYER, and the SELLER reserves the right to demand any and all compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the SELLER by third parties or authorized authorities.
4.12- BUYER and SELLER accept, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications sent to this address will be considered valid.
4.13- SELLER does not impose any additional cost on BUYER regarding the fee schedule due to the use of the selmeraglobal.com.tr domain website used to place an order.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the delivery of the product(s) subject to the distance sales contract to him/her or to the person/organization at the address he/she indicated or from the date the contract was signed, except for the exceptions specified in Article 6 of this distance sales contract. This 14 (fourteen) day period starts from the day the consumer receives the product in contracts regarding the delivery of the goods, and from the day the contract is concluded in other contracts. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing through the contact information detailed below, provided that the product(s) have not been used within this period (the product's apparatus must not have been disassembled and assembled). Following the receipt of this notification by the SELLER, the SELLER will share the confirmation that the notification has been received with the BUYER and, within 14 (fourteen) days following the receipt of the notification, the SELLER will refund the price of the product(s) subject to the right of withdrawal to the BUYER in accordance with the payment method. The return of the original invoice for the product is mandatory during the exercise of the right of withdrawal. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery (shipping) cost of the product returned due to the right of withdrawal is covered by the BUYER.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
ARTICLE 7 - GENERAL PROVISIONS
Persons under the age of 18 and adults who lack the power of discernment or are limited cannot shop from the SELLER.
ARTICLE 8 - COMPETENT COURT
In disputes arising from the implementation of this distance sales contract, the Consumer Problems Arbitration Committee or Consumer Courts in the place where the BUYER purchased the goods or services or where he/she resides are authorized within the monetary limits declared by the Ministry of Customs and Trade every December.
This distance sales contract has been read, accepted and confirmed by the parties in electronic environment. The provisions of the Consumer Protection Law No. 6502 and the relevant legislation shall apply to matters not regulated in this distance sales contract.
SALES PERSON
Selma Karabacak Comert (Selmera Global)
BUYER
[invoice-name]
Date: [date]
PRELIMINARY INFORMATION FORM
ARTICLE 1 - PARTIES
1.1- SELLER
Title: Selma Karabacak Comert (Selmera Global)
Address: Halkalı Merkez Mahallesi 1. Karadut Sokak Nur-u Hayat Evleri No. 26 Flat: 25 34303 Küçükçekmece/İstanbul.
Phone: 05317896668
Email: iletisim@selmeraglobal.com.tr
1.2- BUYER
Name/Surname/Title: [invoice-name]
TR Identity Number: [tc-identity-no]
Address: [invoice-address]
Phone: [phone]
Email: [email]
ARTICLE 2 - SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the internet site belonging to the SELLER at iletisim@selmeraglobal.com.tr. The rights and obligations of the consumer, the SELLER and the provider, the right of withdrawal, the obligation to inform, delivery and other application procedures and principles will be determined by the regulation that will come into force on this subject.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
Product Name Product Quantity Unit Price Total Amount
[basket-amount]
The Type and Kind of Products, Quantity, Brand/Model, Color, Sales Price are as stated above and this information has been approved by the BUYER.
Total Order Amount: [cart-amount]
Delivery Address: [shipping-address]
Person to be Delivered: [cargo-name]
Billing Address: [shipping-address]
Shipping Fee: 0.00 TL
Delivery will be made to the address specified above by the SELLER through the cargo company. The cargo fee will be paid by the BUYER. Cargo Fee: 0.00 TL and the cargo price is added to the total amount of the order. Delivery will be made to the BUYER's address specified above through the contracted cargo company. However, the SELLER may not reflect all or part of the cargo fee to the BUYER depending on the results of the campaigns it conducts at the time of sale and/or the terms of which it announces on the website iletisim@selmeraglobal.com.tr. If the SELLER has declared on its website that the delivery fee of those who shop above the declared price will be covered by it or that the delivery fee will be covered by it unconditionally, the delivery expense belongs to the SELLER.
ARTICLE 4 - GENERAL PROVISIONS
4.1- BUYER accepts and declares that he/she has read and is fully informed about the basic characteristics, sales price, validity period of prices, payment method and preliminary information regarding delivery and other information of the product(s) subject to the contract offered for sale on the internet site named selmeraglobal.com.tr belonging to SELLER, which are stated on the site and given above, and that he/she has given the necessary confirmation regarding the purchase in electronic environment.
4.2- The product(s) subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within a period of 30 (thirty) days, depending on the distance of the BUYER's place of residence, provided that the legal 30-day period does not exceed the period of 30 days following the delivery of the order to the SELLER, as determined by the laws and regulations. However, for the pre-order product(s), this legal period of 30 days shall start from the sales date announced on the sales page of the relevant product, and there may be delays due to the supplier company on this sales date. In this case, the SELLER shall inform the BUYER in writing in advance. In this case, the BUYER may exercise one of the rights to cancel the order or to wait for the delivery period and have the product(s) subject to the order delivered. In the event that the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single payment within 14 (fourteen) days.
4.3- If the product(s) subject to the distance sales contract are 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(s) will be delivered does not accept the delivery.
4.4- SELLER is responsible for ensuring that the product(s) subject to the distance sales contract are intact, complete, in compliance with the specifications specified in the order, and if applicable, the warranty documents and user manuals until the product(s) are delivered. BUYER is responsible for checking the product(s) upon receipt and, in the event of a problem with the product(s) arising from the cargo, not accepting the product(s) and having a report drawn up by the cargo company official.
4.5- For the delivery of the product(s) subject to the distance sales contract, it is a condition that this distance sales contract has been confirmed electronically and the price of the product(s) has been paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- If the payment for the product(s) subject to the distance sales contract is made by the BUYER via credit card, all legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card owner or the person to whom the product will be delivered, belong to the BUYER. The BUYER accepts and undertakes that it will not make any claims from the SELLER in the event of any damages in the aforementioned cases.
4.7- In case the payment for the product(s) subject to the distance sales contract is made by the BUYER via an ATM or branch of any Bank, the BUYER accepts and undertakes to send the IBAN number of a bank account belonging to him/her to the SELLER's e-mail address iletisim@selmeraglobal.com.tr in a correct and complete manner, in order to be used in cases where the product price needs to be returned to the BUYER within the framework of the conditions specified in this contract, and to consent to the SELLER returning the IBAN number.
4.8- If the SELLER cannot deliver the product(s) subject to the distance sales contract within the time limit due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation and/or technical reasons etc., the SELLER is obliged to notify the BUYER of the situation within 3 (three) days. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product(s) subject to the distance sales contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the obstacle. In the event that the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER in cash and in a single transaction within 14 (fourteen) days.
4.9- BUYER may forward his/her requests and complaints to the above SELLER address, telephone, fax and e-mail addresses.
4.10- If the BUYER resides/is located outside the borders of the Republic of Turkey and/or the address to which the product will be delivered is outside the borders of the Republic of Turkey, he/she hereby accepts, declares and undertakes that he/she will be responsible for all kinds of customs duties, fees and other financial liabilities that will be accrued in accordance with the laws, regulations and relevant legal regulations of the country where he/she resides/is located and/or where the product will be delivered due to the purchase of the product in question, and that he/she will immediately and in kind make all payments that will be requested for the delivery of the product. In addition, if the BUYER's address is outside the distribution area of the cargo company that the SELLER has an agreement with, the BUYER, if he/she wishes, accepts, declares and undertakes in advance that he/she will pay all expenses and fees that will be requested for the delivery of the product or that the product/products subject to sale will be collected personally by the BUYER/RECIPIENTS included in this distance sales contract from the relevant branch of the cargo company that the SELLER has an agreement with. The BUYER will be informed about this situation in advance by the cargo company that the SELLER has an agreement with, and the BUYER may withdraw from the contract if he/she wishes.
4.11- All or part of the product/products purchased by the BUYER and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, used as a derivative work, transferred or sold. The BUYER hereby accepts and undertakes that it will not use the product it purchased for illegal purposes and/or in such prohibited ways. Otherwise, all legal and criminal liabilities that may arise belong to the BUYER, and the SELLER reserves the right to demand any and all compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the SELLER by third parties or authorized authorities.
4.12- BUYER and SELLER accept, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications sent to this address will be considered valid.
ARTICLE 5 - RIGHT OF WITHDRAWAL
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
ARTICLE 7 - GENERAL PROVISIONS
Persons under the age of 18 and adults who lack the power of discernment or are limited cannot shop from the SELLER.
ARTICLE 8 - COMPETENT COURT
In disputes arising from the implementation of this distance sales contract, the Consumer Problems Arbitration Committee or Consumer Courts in the place where the BUYER purchased the goods or services or where he/she resides are authorized within the monetary limits declared by the Ministry of Customs and Trade every December.
This distance sales contract has been read, accepted and confirmed by the parties in electronic environment. The provisions of the Consumer Protection Law No. 6502 and the relevant legislation shall apply to matters not regulated in this distance sales contract.
SALES PERSON
Selma Karabacak Comert (Selmera Global)
BUYER
[invoice-name]
Date: [date]