Distance Sales Agreement

1. PARTIES

 

This Agreement has been signed between the following parties within the framework of the provisions and conditions specified below.

 

A. 'BUYER'; (hereinafter referred to as the "BUYER" in the contract)

 

B. 'SELLER'; (hereinafter referred to as the "SELLER" in the contract)

 

NAME-SURNAME:

 

ADDRESS:

 

By accepting this agreement, the BUYER undertakes to pay the order price and any additional charges such as shipping fees, taxes, etc., if confirmed, and acknowledges in advance that they are informed of this obligation.

 

2. DEFINITIONS

 

The terms written below shall have the following meanings in the interpretation and implementation of this agreement:

 

MINISTER: The Minister of Customs and Trade,

 

MINISTRY: The Ministry of Customs and Trade,

 

LAW: Law No. 6502 on Consumer Protection,

 

REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188)

 

SERVICE: The subject of any consumer transaction other than the provision of goods in return for a fee or benefit,

 

SELLER: The company offering goods to consumers within the scope of commercial or professional activities or acting on behalf of or on behalf of the entity offering goods,

 

BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,

 

WEBSITE: The website owned by the SELLER,

 

ORDERING PARTY: The real or legal person requesting a product or service via the SELLER's website,

 

PARTIES: The SELLER and the BUYER,

 

CONTRACT: This agreement concluded between the SELLER and the BUYER,

 

GOOD: The movable property subject to the purchase and sale and intangible goods such as software, sound, image, and similar prepared for use in electronic media.

 

3. SUBJECT

 

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.

 

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.

 

4. SELLER INFORMATION

 

Name BNK TEKSTİL VE KONFEKSİYON SAN. TİC. A.Ş.

 

Address Osmangazi Mah. Karayağız Sk. No:1/A Samandıra Sancaktepe İstanbul Turkey


Phone +902163111103

 

Fax +902163111511

 

Email info@bnktextile.com

 

5. BUYER INFORMATION

 

Recipient Name

 

Delivery Address

 

Phone

 

Fax

 

Email/username

 

6. PRODUCT/SERVICE INFORMATION SUBJECT TO THE AGREEMENT

 

6.1. The basic features of the Product/Product/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.

 

6.2. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.

 

6.3. The total sales price, including all taxes, of the product or service subject to the contract is shown below.

 

Product DescriptionQuantityUnit PriceSubtotal

 

(Inclusive of VAT)

 

Shipping Cost

 

Total:

 

Payment Method and Plan

 

Delivery Address

 

Recipient

 

Billing Address

 

Order Date

 

Delivery Date

 

Delivery Method

 

6.4. The shipping cost, which is the shipment expense, will be paid by the BUYER.

 

7. INVOICE INFORMATION

 

Name/Surname/Title

 

Address

 

Phone

 

Fax

 

Email/username

 

Invoice delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.

 

8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS

 

The privacy rules-policy and terms specified below are valid regarding the protection, confidentiality, processing, use of information on the INTERNET SITE, communications, and other matters.

 

8.1. Necessary measures for the security of the information entered by the BUYER on the INTERNET SITE and the transactions by the BUYER have been taken on the SELLER's system infrastructure, depending on the nature of the information and transaction, in accordance with today's technical capabilities. However, since this information is entered from the BUYER's device, it is the responsibility of the BUYER to take necessary precautions to protect them and prevent access by unauthorized persons, including viruses and other harmful applications.

 

8.2. In addition to the permissions-approvals given by the BUYER for personal data and commercial electronic communications in various ways, during the membership to the INTERNET SITE and shopping, the information obtained may be recorded indefinitely or for the period specified by the parties, transferred to third parties, shared, processed, and used for electronic and other commercial-social communications, and various applications such as information, advertising-promotion,

 

 sales-marketing, collection-receivables management, analysis, and statistical studies within the framework of the Law and special laws.

 

8.3. The SELLER has the right to send e-mails to the BUYER for communication regarding orders and other commercial and legal matters. It is not possible to waive this requirement, which is essential for the performance of the contract.

 

8.4. By accepting this agreement, the BUYER accepts and declares that it has been informed about the information, documents, materials, electronic media, intellectual and industrial property rights, logos, trademarks, designs, slogans, trade dress, texts, and other content on the SELLER's website, and agrees not to copy, reproduce, distribute, process, and share them in any way, either directly or indirectly, fully or partially, free of charge or against a fee, for commercial or personal purposes, without permission, license, or agreement.

 

9. GENERAL PROVISIONS

 

9.1. The BUYER accepts, declares, and undertakes that he/she has read and become aware of all the preliminary information regarding the basic qualities, sales price, payment method, delivery, etc., of the product subject to the contract, that he/she has provided the necessary confirmation electronically, and that he/she has ordered the product. The BUYER's order will be deemed to have accepted all the terms of this agreement.

 

9.2. The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, not to exceed the legal 30-day period.

 

9.3. If the product subject to the contract cannot be delivered to the BUYER within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, the SELLER shall notify the BUYER of the situation. In such a 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 delay the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the payment made shall be paid to him/her in cash and in lump sum within 14 days from the date of cancellation.

 

9.4. For the delivery of the product subject to the contract, this agreement must be signed electronically and the sales price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.

 

9.5. If the bank or financial institution does not pay the product price to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product subject to the contract to the BUYER, not due to the BUYER's fault, the BUYER is obliged to send the product subject to the contract to the SELLER within 3 days at the expense of the SELLER. In such a case, the SELLER shall be responsible for the shipping expenses.

 

9.6. The SELLER is responsible for delivering the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

 

9.7. If the product subject to the contract is to be delivered to another person or organization other than the BUYER, the SELLER shall not be held responsible if the person or organization to be delivered does not accept the delivery.

 

9.8. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is justified by a just reason and in writing. In this case, the right of withdrawal may be exercised by the BUYER without any legal and penal liability and the shipping cost arising from the exercise of this right shall be borne by the SELLER.

 

9.9. The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product subject to the contract to himself/herself or the person/organization at the address indicated. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax, or e-mail within this period, and the product must not be used within the scope of the provisions of the "Cancellation" article. If this right is exercised;

 

9.9.1. The product must be returned to the SELLER within 10 (ten) days from the date of notification of this right.

 

9.9.2. The original invoice with the return form must be returned.

 

9.9.3. The product to be returned must be delivered complete and undamaged, together with its box, packaging, and standard accessories, if any.

 

9.9.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days from the receipt of the withdrawal notification and to return the goods within 10 days.

 

9.9.5. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.

 

9.9.6. If the invoice requested by the SELLER is not returned, 15 days after the withdrawal notification is sent, the product price shall be returned within 10 days following the expiration of this period.

 

9.9.7. The shipping cost related to the return of the product due to the right of withdrawal belongs to the SELLER.

 

9.9.8. The BUYER accepts, declares, and undertakes that he/she has been informed about the right of withdrawal by reading the preliminary information and the website of the SELLER, and that he/she has provided the necessary confirmation electronically in order to finalize the order.

 

9.9.9. The SELLER is responsible for accepting the return of the goods, regardless of whether the right of withdrawal is exercised, within 10 days from the receipt of the notification or, if applicable, from the date of receipt of the goods.

 

9.9.10. For just reasons such as the non-availability of the product subject to the contract, the SELLER may supply the BUYER with a different product of equal quality and price.

 

9.10. The BUYER may use the right of withdrawal within the framework of the conditions specified in the relevant legislation. In case of exercising this right, if the invoice of the product to be returned is institutional, it must be sent with the RETURN INVOICE issued by the institution. Order cancellations must be notified by fax or e-mail.

 

9.11. In cases where the BUYER has paid by credit card and the sales price of the product is canceled in the POS due to any reason after the delivery of the product, the BUYER accepts, declares, and undertakes that the legal interest can be applied on the amount to be returned to the credit card by the bank, and in case of delay of the bank, the SELLER cannot be held responsible for any dispute that may arise from the application of legal interest and credit card statement. The BUYER may use the right of withdrawal within the framework of the conditions specified in the relevant legislation. In case of exercising

 

 this right, if the invoice of the product to be returned is institutional, it must be sent with the RETURN INVOICE issued by the institution. Order cancellations must be notified by fax or e-mail.

 

9.12. If the bank or financial institution does not pay the product price to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product subject to the contract to the BUYER, not due to the BUYER's fault, the BUYER is obliged to send the product subject to the contract to the SELLER within 3 days at the expense of the SELLER. In such a case, the shipping expenses are the responsibility of the BUYER.

 

10. RIGHT OF WITHDRAWAL

 

The BUYER has the right to withdraw from the contract by refusing the goods without any legal or criminal liability and without giving any justification within 14 (fourteen) days from the date of delivery of the goods subject to the contract to the BUYER or the person/organization at the address indicated. In order to use the right of withdrawal;

 

The SELLER should be notified by registered mail, fax, or e-mail within the same period, and the product must not be used in accordance with the provisions of the "Product and Right of Withdrawal" section.

 

CONTACT INFORMATION FOR WITHDRAWAL:

 

 

Name BNK TEKSTİL VE KONFEKSİYON SAN. TİC. A.Ş.

 

Address Osmangazi Mah. Karayağız Sk. No:1/A Samandıra Sancaktepe İstanbul Turkey


Phone +902163111103

 

Fax +902163111511

 

Email info@bnktextile.com

 

In the event of a withdrawal:

 

If the invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the RETURN INVOICE issued by the institution when returning with the product. Order cancellations must be notified by fax or e-mail. Otherwise, the cargo will not be received.)

 

The product should be delivered complete and undamaged with the original box, packaging, and standard accessories, if any.

 

The invoice must be returned.

 

The RETURN INVOICE issued by the institutions must be returned (if the invoice of the product to be returned is institutional).

 

11. AUTHORIZED COURT

 

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade. If the order is approved electronically, the BUYER shall be deemed to have accepted all the terms of this contract.

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