Distance Sales Contract
DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
Name and surname:
ARTICLE 2-CONTEXT AND SCOPE OF THE CONTRACT
This distance sales contract ("the Agreement”) was prepared in accordance with the Law on the Protection of Consumer and the Regulation on Distance Contracts. The Parties to this Agreement declare that they know and understand their obligations and responsibilities caused from the Law on the Protection of Consumers and the Regulation on Distance Agreements. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of “the Law on the Protection of Consumer” and “the Regulation on Distance Contracts” relating to the sale and delivery of goods/services with the qualifications specified in the contract, which belongs to the Seller, and are ordered for the purchase by the Buyer electronically, available through www.oobazaar.com or other domain names ("Website”) related to the provided service of OOBAZAAR Elektronik Ticaret Bilgi Teknolojileri Paz. ve San. A.S. (“OOBAZAAR”).
The arrangement of this contract will not prevent the fulfillment of the membership contracts provisions of the websites which the parties have individually arranged with OOBAZAAR Inc. The parties announce and agree that OOBAZAAR Elektronik Ticaret Bilgi Teknolojileri Paz. ve San. A.S. is not a party in any way to the sale of the products under this Agreement and that the Company has no liability or undertaking with respect to the fulfillment of obligations of the parties under the Agreement.
ARTICLE 3 - FUNDAMENTAL CHARACTERISTICS AND PRICES OF THE GOODS WHICH IS SUBJECT TO CONTRACT
The type and kind, quantity, brand/model, color and the sales price including taxes and the delivery information of the product/products are as follows:
Payment way and Plan: Through the online virtual POS application, cash in advance with ............. bank credit card .............Euro payment.
Shipments will start within 3 business days following the order.
ARTICLE 4 - DELIVERY AND DELIVERY WAY OF GOODS
The contract enters into force with the approval of the Buyer and it will be completed with the delivering of the goods/service to the Buyer, purchased from the Seller. The goods/service will be delivered to the person in the address indicated on the Buyer's order form and in this contract.
ARTICLE 5 - DELIVERY COSTS AND FULFILMENT
The costs of packing, shipping and delivery are covered by Buyer. The cargo price is added to the total amount of the order. It is not included in the price of the product. If the seller declares on his/her website that the delivery fee will be paid by the seller, then, the delivery costs will belong to the Seller. After the payment is made, delivery of goods is done if the seller's stock is available and in the time that commitment is made. Seller shall deliver the goods/service within 30 (thirty) days from the ordering date of the Goods/service by Buyer. The Seller shall be deemed to have fully and completely fulfilled his duties, even if Buyer is not present at his address at the time of delivering. For this reason, the seller is not responsible for any damage or expense caused from the Buyer's late receiving and/or non-receiving. If the Buyer does not pay for the Goods for any reason or the payment is cancelled in the bank records, the Seller is exempted from the Goods delivery obligation.
ARTICLE 6 - DECLARATION AND COMMITMENT OF THE BUYER
The Buyer declares that it has read and understood the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, the payment way, and the delivery of the contractual product on the Website, and declares that he gives the necessary confirmation in electronic form as buyers. Buyers can send their requests and complaints as a consumer with the channels provided by the Seller's contact information existed above.
With the confirmation of this agreement and the Pre-Disclosure Form electronically, and prior to the fulfillment of the distant contracts, The buyer confirms to have correctly and completely got the address given to the consumer by the seller, the basic features of the ordered products, the prices of the products including the taxes, payment and delivery information.
The Buyer must inspect the Contractual Goods / Service before receiving it. In the case of damaged, broken, torn packaging, etc. damaged and defective Goods / Services taken over from the cargo company, the responsibility is entirely buyers own. The Goods / Service received by the buyer from the cargo company officer shall be deemed to be undamaged and sound. After delivery, the Goods / Services' liability and damages shall belong to Buyer. In case, the bank or financial institution fails to pay the goods or service fee to the Seller for the reason that the credit card belonging to the Buyer is used unjustly or illegally by the unauthorized persons not due to the flaw of the Buyer; after delivery of the Goods / Service, if the Buyer has received it, he is obliged to return the Goods / Service to the Seller within 3 (three) days. In this case, the delivery expenses belong to Buyer.
ARTICLE 7 - DECLARATION AND COMMITMENT OF THE SUPPLIER
Seller is responsible for delivering the contractual goods/services in the form of robust, complete and in the specifications as pointed out in the order, as well as with the warranty documents and manuals in accordance with the Consumer Legislation. If the seller is not able to deliver the contractual product within the period, due to obligatory reasons or due to extraordinary circumstances that prevent the transportation, he shall be obliged to inform the Buyer as soon as possible. If the contractual Goods / Service are delivered to another person approved by the Buyer, the Seller cannot be responsible for not accepting the delivery of the goods or service by that person.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Seller agrees that the Buyer has the right to withdraw from the contract by rejecting the goods or services received by the Seller, within 14 (fourteen) days from the date of signing the contract, without undertaking any legal and criminal liability and without any justification and agrees also that the Seller shall take the goods back from the date which withdrawal notice reach the seller. The notice of withdrawal and other notices related to the contract will be sent to the seller contact information channel mentioned above. BECAUSE OOBAZAAR IS NOT A PARTY TO THIS SALES AGREEMENT, IT CAN NOT BE USED AGAINST OOBAZAAR OR CAN NOT BE REQUESTED A REFUND OF THE PRICE.
In order to use the right of withdrawal, it is obligatory to notify the Seller in this time in accordance with the provisions of the legislation. If the right to withdrawal is used: a) It is obligatory that the goods received by the Buyer or third person whose information is reported by him, have to be returned to the seller. b) Within 14 (fourteen) days, the box, package, standard accessories of the items to be returned, and the other products that are present in the main product must be delivered complete and undamaged. Within 10 (ten) days following the use of the right of withdrawal and accessing the information to the seller, the product shall be returned to Buyer as he/she paid. When returned to the Product to Seller, the original receipt submitted to Buyer at the time of product delivery must be sent back. The return shipping cost belongs to the seller. The refundable part of the invoice that must be returned with the product must be filled in and signed by the Buyer.
ARTICLE 9 - CONDITIONS IN WHICH RIGHT OF WITHDRAWAL CAN NOT BE USED
With regard to the Regulation on Distance Contracts article 15/1, the Parties agree not to use the right of withdrawal in the following cases:
1- Goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,
2- Goods prepared in line with the wishes or personal needs of consumers,
3- Items that can be quickly disrupted or whose expiration date may pass,
4- Those that are unsuitable for health and hygiene, from the goods whose protective elements such as cover, tape, seal, package, etc. are opened after the delivery,
5- Commodities which are mixed with other products after delivery and which can not be separated due to its nature,
6. Books, digital content and computer consumables, whose protective elements such as covers, tape, seal, package are opened after the delivery,
7- Except for those provided within the subscription agreement, periodicals such as newspapers and magazines,
8- Accommodation, goods transport, car rental, catering, and services related to the evaluation of leisure time for entertainment or recreation, which should be done on a specific date or period,
9- Instant services in electronic environment or intangible goods delivered at consumer immediately,
10- The services that started with the approval of the consumer before the end of the right of withdrawal.
ARTICLE 10 - SETTLEMENT OF DISPUTES
For the disputes arising out of this contract, “arbitration committee for consumer problems” or “consumer court” where you are settled or the consumer transaction is made are authorized. (Monetary limits for the “arbitration committee for consumer problems” to be responsible and authorized to solve disputes for the year 2017 within the monetary limits set by the Ministry of Customs and Trade every December are as follows; the upper monetary limit for district consumer arbitration commissions is 2,400 Turkish liras; For the provincial consumer arbitration committees in the provinces with metropolitan status, the monetary limit is between 2.400 Turkish Liras and 3.610 Turkish Liras; the upper monetary limit for provincial consumer arbitration committees in the centers of non-metropolitan cities is 3.610 Turkish liras; The monetary limit for the provincial consumer arbitration committees in provinces that are not in the metropolitan status is between 2.400 Turkish Liras and 3.610 Turkish Liras.)
Any correspondence to be made between the Parties under this Agreement shall be made by e-mail, except in the compulsory cases considered in law. In disputes arising out of this Agreement, the Seller's and OOBAZAAR's official books and commercial records shall constitute a binding, correct and exclusive evidence in his or her database of electronic and computer records held by his servers. The buyer accepts, declares and undertakes that this article is the characteristic of a contract of evidence in the sense of article 193 of the civil procedure code,
ARTICLE 12 - THE ENFORCEMENT
This Agreement, consisting of twelve (12) article, was read by the Parties, ratified by the Purchaser in electronic form and entered into force immediately.