Distance Sales Agreement
Distance Sales Agreement
This agreement has been drawn up in accordance with Article 9/A of the Law No. 4077 on the Protection of Consumers (TKHK) and the Regulation on Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27866, based on the obligation to conclude a contract for sales performed by consumers over the internet. For buyers who do not qualify as consumers, the provisions of the Turkish Commercial Code and the Code of Obligations shall apply instead of the provisions of the TKHK. The terms of the agreement are as follows:
ARTICLE 1- PARTIES
1.1- SELLER
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Title: Onywatch Rüya Saatçilik San. ve Tic. Ltd. Şti.
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Phone: 0312 418 1880
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E-mail: ankyrastraps@gmail.com
1.2 - BUYER
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Name/Surname/Title: * Address: * Phone: * E-mail:
- ARTICLE 2- SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Principles and Procedures for the Implementation of Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the website with the domain name www.ankyraleather.com belonging to the SELLER.
ARTICLE 3- PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, and sales price of the products are as specified above.
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Payment Method: * Delivery Address: * Recipient: * Billing Address: * Shipping Fee: ## ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that they have read and informed themselves about the basic characteristics, sales price, payment method, and preliminary information regarding the delivery of the product subject to the contract on the website with the domain name www.ankyraleather.com belonging to the SELLER, and have given the necessary confirmation in the electronic environment.
4.2- The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated, within the period explained in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period for each product.
4.3- 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 recipient person/organization does not accept the delivery.
4.4- The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and together with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, a signed copy of this agreement must be delivered to the SELLER and its price must be paid via the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.6- In the event that the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, in a manner not caused by the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs shall belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery period until the obstructive situation disappears. If the BUYER cancels the order, the amount paid shall be paid to them in cash and in a single payment within 10 days.
4.8- Defective or broken products, whether sold with a warranty certificate or not, can be sent to the SELLER for the necessary repair within the warranty conditions; in this case, shipping costs will be covered by the SELLER.
4.9- This agreement gains validity after it is signed by the BUYER and delivered to the SELLER via fax or mail.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the contract to themselves or to the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email, or telephone within this period, and the product must not have been used within the framework of the provisions of Article 6. If this right is exercised, it is mandatory to return the original invoice and a copy of the cargo delivery receipt stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price shall be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal shall be covered by the SELLER
ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, copyable software and programs, consumables, products that deteriorate rapidly or have expired, and services.
ARTICLE 7- GENERAL PROVISIONS
7.1- Persons under the age of 18 cannot shop from the SELLER.
7.2- The SELLER is not responsible for price inaccuracies resulting from typesetting and system errors.
ARTICLE 8- COMPETENT COURT
In the implementation of this agreement, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or the SELLER are authorized.
In the event that the order is placed, the BUYER is deemed to have accepted all the terms of this agreement.
SELLER: Onywatch Rüya Saatçilik San. ve Tic. Ltd. Şti.
BUYER: ## 8. INVOICE INFORMATION
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Name/Surname/Title: * Address: * Phone: * Email/Username: * Invoice Delivery: The invoice will be delivered together with the order to the billing address during the delivery of the order.
9. GENERAL PROVISIONS
9.1. Information and Acceptance: The BUYER accepts, declares, and undertakes that they have read and informed themselves about the basic characteristics, sales price, payment method, and preliminary information regarding the delivery of the product subject to the contract on the website of the SELLER, and have given the necessary confirmation in the electronic environment.
9.2. Delivery Period: Each product subject to the contract shall be delivered within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period.
10. RIGHT OF WITHDRAWAL
In the event that the distance contract relates to the sale of goods, the BUYER may exercise their right to withdraw from the contract by rejecting the goods without showing any justification and without paying any penalty, within 14 days from the date of delivery of the product to themselves or to the person/organization at the address indicated, provided that they notify the SELLER.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER's requests or clearly personal needs, underwear bottom pieces, makeup materials, and single-use products are outside the scope of the right of withdrawal.
12. STATE OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that if they fall into default in transactions made by credit card, they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves, and will be liable to the bank.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer problems arbitration committee or the consumer court in the place where the consumer's residence is located or where the consumer transaction is conducted.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed through the Site, they shall be deemed to have accepted all the terms of this agreement.