Distance Sales Agreement
DISTANCE SALES AGREEMENT
PARTIES This Agreement has been signed between the parties specified below under the provisions and conditions stated below. A. 'BUYER'; (hereinafter referred to as the "BUYER" in the agreement) B. 'SELLER'; (hereinafter referred to as the "SELLER" in the agreement) FULL NAME: SehenGame ADDRESS: BURSA/NILUFER By accepting this agreement, the BUYER agrees in advance that, if the BUYER approves the subject of the contract order, the BUYER will be obligated to pay the order amount, shipping fee if any, and other specified additional fees such as taxes, and that the BUYER has been informed about this. DEFINITIONS In the implementation and interpretation of this contract, the terms written below will indicate their corresponding explanations in writing. MINISTER: Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law No. 6502 on Consumer Protection, REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), SERVICE: The subject of any consumer transaction other than the provision of goods for a fee or benefit, SELLER: The company that offers goods to the consumer in the context of commercial or professional activities, or acts on behalf of or for the account of the entity offering goods, BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, SITE: The internet site owned by the SELLER, ORDERING PARTY: The natural or legal person who requests a product or service through the SELLER's website, PARTIES: The SELLER and the BUYER, CONTRACT: This contract concluded between the SELLER and the BUYER, GOODS: The tangible goods subject to purchase and non-material goods such as software, sound, image, and similar goods prepared for use in electronic media. SUBJECT This Agreement regulates the rights and obligations of the parties under the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below with its features and sales price, which the BUYER has ordered electronically through the SELLER's website. The listed prices and promises are valid until updated or changed. The prices listed and announced on the site are the sales prices. If campaign is organized by the seller, the essential qualifications of the relevant product can be examined during the campaign period. It is valid until the campaign date. SELLER INFORMATION Name Address Phone Fax Email BUYER INFORMATION Recipient Delivery Address Phone Fax Email/username ORDERING PARTY INFORMATION Name/Surname/Title Address Phone Fax Email/username PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT INFORMATION
- The basic features of the Product/Product/Products/Service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
- The listed prices and announced prices are the sales prices. The listed prices and promises are valid until they are updated or changed. If prices are announced for a certain period, they are valid until the end of the specified period.
- The total sales price including all taxes of the product or service subject to the contract is shown below.
Product DescriptionQuantityUnit PriceSubtotal (Including VAT) Shipping Fee Total:
Payment Method and Plan Delivery Address Recipient Billing Address Order Date Delivery Date Delivery method
Shipping cost, which is the shipping expense of the product, will be paid by the BUYER. INVOICE INFORMATION Name/Surname/Title Address Phone Fax Email/username Invoice delivery: Invoice will be delivered to the invoice address together with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the essential characteristics of the product subject to the contract, the selling price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have given the necessary confirmation in electronic form. The BUYER also acknowledges, declares, and undertakes that they have accurately and completely obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information. 9.2. Each product subject to the contract will be delivered to the BUYER or the person/organization indicated by the BUYER at the address indicated by the BUYER within the period specified on the SELLER's website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. 9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the contract in accordance with the provisions of the legal regulations, excluding any defects, with the necessary documents, user manuals if available, and any information and documents required for the job in a sound and standard manner, in accordance with the qualifications specified in the order. The SELLER also acknowledges, declares, and undertakes to maintain and increase the quality of service, to show the necessary care and diligence during the performance of the job, and to act with caution and foresight, and to perform the job in accordance with the principles of honesty and integrity. 9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation expires. 9.5. In case the SELLER cannot fulfill the obligations of the contract due to force majeure events that occur beyond the control of the parties, or events that prevent or delay the fulfillment of the obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER in writing within 3 days from the date of learning about this situation and to return the total price to the BUYER within 14 days. The SELLER is also obligated to return any documents that put the BUYER under debt to the BUYER within 20 days and to take back the goods within 20 days. 9.6. The BUYER acknowledges, declares, and undertakes that if, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed free from the obligation to deliver the product. 9.7. In the event that the product subject to the contract is not paid to the SELLER by the bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the product is delivered to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER acknowledges, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping cost being borne by the SELLER. 9.8. In case the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure events or extraordinary circumstances such as adverse weather conditions that prevent transportation, the SELLER acknowledges, declares, and undertakes to inform the BUYER. The BUYER also reserves the right to cancel the order, request the replacement of the product with an equivalent if available, and/or request the postponement of the delivery period until the preventing situation is resolved. In case the BUYER cancels the order, the amount paid by the BUYER is refunded to the BUYER in cash within 14 days. 9.9. The BUYER acknowledges, declares, and undertakes that after the product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, the SELLER has the right to reach the BUYER via letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes using the contact information provided by the BUYER during registration on the SELLER's website. The BUYER also acknowledges and accepts that they will not hold the SELLER responsible for any delays that may occur in the reflection of the refunded amount to the BUYER's accounts after the amount is refunded to the credit card by the SELLER and that any possible delays are related to the bank's processing timeline. 9.10. The BUYER acknowledges, declares, and undertakes that during the use of the SELLER's website, they will comply with the provisions of the applicable legal regulations and will not violate them. Otherwise, the BUYER will be fully responsible for any legal and penal consequences arising from such violations, and any costs, compensation, and legal proceedings that may arise as a result will be solely the responsibility of the BUYER. 9.11. The BUYER acknowledges, declares, and undertakes that they will not use the SELLER's website in a manner that disrupts public order, contradicts general morality, causes harassment and distress to others, or violates the law. In addition, the BUYER acknowledges and accepts that they will not engage in activities that prevent or complicate others from using the services, such as spam, viruses, Trojan horses, etc. 9.12. The BUYER acknowledges, declares, and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and in case of any discrepancies, they will immediately compensate for all damages incurred by the SELLER upon the first notice of the SELLER, in cash and immediately. 9.13. The BUYER acknowledges, declares, and undertakes to comply with the legal provisions while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities that may arise will be solely binding on the BUYER. 9.14. The BUYER acknowledges, declares, and undertakes not to use the SELLER's website in any way that disrupts public order, contradicts general morality, causes harassment and distress to others, or violates the law. Moreover, the BUYER acknowledges, declares, and undertakes not to engage in activities that prevent or complicate others from using the services, such as spam, viruses, Trojan horses, etc. 9.15. Links can be provided from the SELLER's website to other websites operated and owned by third parties that are not under the SELLER's control. These links are provided to facilitate the direction of the BUYER and do not imply endorsement of any website or the person operating the site. The SELLER does not guarantee the accuracy or reliability of the information contained on the linked website. 9.16. The member who violates one or more of the items listed in this agreement will be personally responsible for this violation in terms of legal and penal consequences and will indemnify the SELLER for all damages that may arise as a result of these violations. In case the incident is taken to the legal field due to non-compliance with the membership agreement, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the subject of the distance contract is the sale of goods, the BUYER can exercise their right of withdrawal by rejecting the contract without any legal or penal liability and without providing any reason, by notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization indicated by the BUYER, provided that they inform the SELLER. In the case of distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the service has started with the approval of the consumer before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER acknowledges and accepts that they are informed about the right of withdrawal in advance by accepting this agreement. 10.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or e-mail within the 14-day period, and the product must not have been used in accordance with the provisions of the "Products for Which the Right of Withdrawal Cannot Be Used" specified in this agreement. In case the right of withdrawal is exercised, a) The invoice of the third party or the BUYER to whom the product is delivered (If the invoice of the product to be returned is corporate, the return must be completed with the corporate invoice provided by the institution. Corporate order returns for which an INVOICE is not issued cannot be completed.) b) Return form, c) The box of the product to be returned, its packaging, and its standard accessories, if any, must be returned intact and undamaged. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the date the withdrawal notification reaches the SELLER, and to take back the product within 20 days. e) In case there is a decrease in the value of the goods due to the BUYER's fault or if it becomes impossible to return the goods, the BUYER is liable to compensate the SELLER's damages to the extent of their fault. However, the BUYER is not responsible for any changes and deteriorations in the product or goods that occur during the use of the product or goods within the withdrawal period. f) In case the campaign limit amount organized by the SELLER is decreased due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised for products that are prepared according to the BUYER's request or explicitly tailored to their personal needs, including underwear, swimwear bottoms, makeup products, disposable products, perishable or products that may expire, products that are not suitable for return for health and hygiene reasons when their packaging is opened after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated naturally, except for products provided within the scope of a subscription agreement, periodicals such as newspapers and magazines, goods related to the delivery of instant services or non-material goods delivered to the consumer instantly, and sound or image records, books, digital content, software programs, data recording and data storage devices, computer consumables, and consumables (toner, cartridge, ribbon, etc.) whose packaging has been opened by the BUYER, and items for which a return is not possible within the scope of the Regulation. Also, the right of withdrawal cannot be exercised for services whose performance has started with the consumer's consent before the expiration of the withdrawal period. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.), must not have been opened, tested, damaged, or used in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER defaults on payments made by credit card, the BUYER acknowledges, declares, and undertakes that they will be liable to pay interest to the bank with which the credit card agreement is concluded in accordance with the credit card agreement between the cardholder bank and themselves, and that they will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; and the BUYER acknowledges, declares, and undertakes that they will pay any expenses and attorney's fees incurred, as well as other damages, to the SELLER if they fall into default due to their debt.
13. COMPETENT COURT
In case of disputes arising from this agreement, complaints and objections will be submitted to the consumer arbitration committee or consumer courts where the consumer resides or where the consumer transaction is made within the monetary limits specified in the relevant law. The monetary limits are as follows: Starting from 01/01/2017, the values for applications to the consumer arbitration committee for the year 2017 are as follows: a) District consumer arbitration committees in disputes with a value of up to 2,400 (two thousand four hundred) Turkish Liras, b) Provincial consumer arbitration committees in cities with metropolitan status in disputes with a value between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Liras, c) Provincial consumer arbitration committees in non-metropolitan cities in the city centers in disputes with a value of up to 3,610 (three thousand six hundred ten) Turkish Liras, ç) Provincial consumer arbitration committees in non-metropolitan cities, in districts attached to them, in disputes with a value between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Liras. This agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER completes the payment for the order they place through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER before the completion of the order.
SELLER: SEHENGAME BUYER: DATE: