Distance Sales Agreement
1.PARTIES
This Agreement has been entered into between the following parties in accordance with the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
NAME- SURNAME: (Site Visitor)
ADDRESS: (Site Visitor Address)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: Tulipa Health Club.
ADRESS: Nöbethane Caddesi, Double Tree Hilton, Sirkeci, Darüssade Sk. No:5, 34110 Sirkeci/İstanbul
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and the additional fees specified such as shipping fee, tax, if any, and that he has been informed about this.
2.DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall refer to the written explanations in front of them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION : Distance Contracts Regulation (OG:27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than the provision of goods made or promised to be made in exchange for a fee or benefit,
SELLER : The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the goods offering,
BUYER : A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE : The website of the SELLER,
ORDERER: The real or legal person who requests a good or service through the website of the SELLER,
PARTIES : SELLER and BUYER,
CONTRACT : This contract concluded between the SELLER and the BUYER,
GOODS : It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below that the BUYER orders electronically through the website of the SELLER.
The prices listed and advertised on the site are the selling price. Announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to deliver
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. PRODUCT(S) SUBJECT TO CONTRACT INFORMATION
1. The basic characteristics (type, quantity, brand / model, color, number) of the Goods / Products / Services are published on the website of the SELLER. If a campaign is organized by the seller, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract including all taxes is shown below.
Product Description Units Unit Price Subtotal
(VAT Included)
Shipping Amount
Sum:
Payment Method and Plan
Delivery Address
Person to be delivered
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of product shipment, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: Invoice along with the order to the invoice address during order delivery
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the basic characteristics, sales price and payment method of the product subject to the contract and the preliminary information about the delivery on the website of the SELLER, that he has information and that he has given the necessary confirmation in electronic environment. BUYER's; Confirms the Preliminary Information electronically, accepts, declares and undertakes that the SELLER has obtained the address to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the website, depending on the remoteness of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and with the information and documents required by the warranty documents, user manuals, if any, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the requirements of the legal legislation, in accordance with the standards, to perform the work within the principles of accuracy and honesty, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work, accepts, declares and undertakes to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit approval before the expiry of the performance obligation arising from the contract.
9.5. If the SELLER fails to fulfill the obligations subject to the contract in the event that the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that he will notify the consumer in writing within 3 days from the date of learning about this situation and that he will return the total price to the BUYER within a period of 14 days.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract and that the SELLER's obligation to deliver the product subject to the contract will end if the product price subject to the contract is not paid for any reason and / or canceled in the bank records.
9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by unauthorized persons after the delivery of the product subject to the Contract to the person and / or organization at the address indicated by the BUYER or the BUYER, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days with the transportation expenses belonging to the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of unforeseen circumstances that develop against the will of the parties and prevent and delay the fulfillment of the obligations of the parties, the SELLER accepts, declares and undertakes that he will notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, and / or to postpone the delivery period until the disabling situation is eliminated. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in advance within 14 days in the payments made by the BUYER with cash. In the case of payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities for him.
9.10. The BUYER shall inspect the goods/services subject to the contract before receiving it; will not receive the damaged and defective goods / services such as dents, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used during the order are not the same person or if a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the card holder's bank that the credit card belongs to him. The order will be frozen in the period until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the website is in accordance with the truth and that the SELLER will compensate all losses to be incurred due to the untruthfulness of this information immediately, in cash and in advance upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and criminal liabilities that may arise will be completely and exclusively binding on the BUYER.
9.14. The BUYER may not use the website of the SELLER in any way that disturbs public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, and in a way that violates the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, trojan horses, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be given to other websites and/or other contents owned and/or operated by other third parties that are not under the control of the SELLER and/or other third parties through the website of the SELLER. These links have been placed for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement shall be personally and criminally liable for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the field of law, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distant contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to itself or to the person / organization at the address indicated, the SELLER may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal and criminal responsibility and without any justification, provided that it notifies the SELLER. In the case of distance contracts for the provision of services, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal period, the right of withdrawal cannot be used in service contracts that start to perform the service with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within a period of 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products That Cannot Be Used in the Right of Withdrawal" set out in this contract. In case of exercise of this right,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest following the receipt of the withdrawal notice and to return the goods within the 20-day period.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the defect. However, the BUYER is not responsible for the changes and deterioration that occur due to the proper use of the goods or products during the right of withdrawal period.
f) If the campaign limit amount organized by the SELLER falls below due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Underwear underparts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration quickly or that are likely to expire after being delivered to the BUYER and which are not suitable for return if the packaging is opened by the BUYER after delivery to the BUYER and which are not suitable for health and hygiene, products that are mixed with other products after delivery and which cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under the subscription contract, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, If the packaging is opened by the BUYER, it is not possible to return it in accordance with the Regulation. In addition, it is not possible to exercise the right of withdrawal for the services started to be performed with the approval of the consumer before the expiry of the right of withdrawal period in accordance with the Regulation.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unpacked, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he defaults in the case of payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the card holder and the bank and that he will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and proxy fee from the BUYER and in any case, if the BUYER defaults due to the debt, the BUYER accepts, declares and undertakes that it will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer issues arbitration committee or consumer court in the place where the consumer's place of residence is located or where the consumer transaction is carried out within the monetary limits specified in the following law. The following is the information about the monetary limit:
Effective 28/05/2014:
a) Article 68 of the Law No. 6502 on the Protection of Consumers In disputes with a value below 2.000,00 (two thousand) TL as required by the article, to the district consumer arbitration committees,
b) To the provincial consumer arbitration committees in disputes with a value below 3.000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL.
This Agreement is concluded for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed through the Site, he is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements in such a way as to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the execution of the order.
SELLER: Tulipa Health Club.
BUYER: (Site Visitor)
DATE: (Order Date)