Distance Sales Contract
ARTICLE 1 – SUBJECT:
The subject of this contract is to establish the rights and obligations of the parties in accordance with the provisions of the Regulation on the Implementation Principles and Procedures of Distance Contracts within the framework of the Law No. 4077 on the Protection of Consumers, regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the SELLER sells to the BUYER via the SELLER's website or mobile application.
ARTICLE 2 – SELLER INFORMATION:
| Title | SEA IST MİMARLIK TİCARET VE PAZARLAMA ANONİM ŞİRKETİ |
|---|---|
| Address | |
| Phone | |
| Fax | |
ARTICLE 3 – BUYER INFORMATION:
| Name/Surname/Title | |
|---|---|
| Address | |
| Phone | |
| Fax | |
ARTICLE 4 – INFORMATION ABOUT THE PRODUCT SUBJECT TO THE CONTRACT:
The type, quantity, brand/model, color, number, sales price, and payment method of the Goods/Product/Service are as follows.
| Type of Goods/Product/Service | |
|---|---|
| Brand/Model | |
| Color | |
| Quantity | |
| Sales Price (excluding VAT) | |
| Shipping Fee | |
| Payment Method | |
| Delivery Address | |
| Person to be Delivered | |
| Invoice Address |
ARTICLE 5 – GENERAL PROVISIONS:
5.1 – The BUYER declares that they have read and are informed about the essential characteristics of the product subject to the contract, the sales price, and the payment method, as well as all preliminary information regarding delivery, which are specified in Article 4, and have given the necessary confirmation in electronic form. The BUYER agrees, declares, and undertakes that they have obtained the address, basic features of the ordered products, prices including taxes, payment and delivery information accurately and completely prior to the conclusion of the distance sales contract by confirming the preliminary information in electronic form.
5.2 – The product subject to the contract is delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's place of residence, not exceeding the legal 30-day period for each product. This period is evaluated separately for each product ordered. However, special delivery conditions for some products are provided in the product details section on the mobile application and/or website. The BUYER reads these conditions before purchasing the product and is deemed to have accepted the relevant delivery conditions if they place an order. If the product cannot be delivered to the BUYER within the specified period, the BUYER reserves the right to terminate the contract.
5.3 – If the BUYER is not present at the delivery address stated in the contract, they will be responsible for the additional shipping costs incurred due to the product being resent. If the product is to be delivered to a person/entity other than the BUYER, the name/title of the person/entity to be delivered will be clearly and in writing specified by the BUYER, and the SELLER cannot be held responsible for the refusal of the delivery by this person/entity or for the failure of the delivery due to the absence of the person/entity at the address specified by the BUYER. The BUYER will be responsible for the additional costs incurred due to the product being resent if the product cannot be delivered due to the refusal of the delivery by the person/entity or the absence of the person/entity at the address specified by the BUYER.
5.4 – The SELLER cannot be held responsible for damages and/or failure to deliver the product to the BUYER due to errors and omissions of the shipping company during the shipment of the product to the BUYER. If the shipment is undertaken by the SELLER, it will be carried out by the SELLER.
5.5 – If the product purchased by the BUYER is not available in the stock of the supplier company that the SELLER receives service from and there is no equivalent product of the same quality and price, the SELLER reserves the right to terminate the contract by refunding the amount paid by the BUYER.
5.6 – In case of order cancellations made by the BUYER after the product has been shipped by the SELLER but before it has been received by the BUYER, the shipping cost will be borne by the BUYER.
5.7 – The BUYER agrees, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and that if the product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will end.
5.8 – The condition for the delivery of the product subject to the contract is that this contract has been signed by the BUYER and received by the SELLER and that the price has been paid by the BUYER in the payment method they chose. If for any reason the product price is not paid or canceled in the bank records, the SELLER is considered to be relieved of the obligation to deliver the product.
5.9 – If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons 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 are borne by the SELLER.
5.10 – If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, interruption of transportation, etc., the SELLER is obliged to notify the BUYER of the situation in writing within three (3) days from the date of becoming aware of it. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its equivalent if available, and/or postpone the delivery period until the blocking situation is removed. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in full within fourteen (14) days. In the payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within fourteen (14) days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount to be reflected in the BUYER's account by the bank after being refunded by the SELLER may take 2 to 3 weeks, and the reflection of this amount in the BUYER's accounts after the refund is entirely related to the bank's transaction process, and the BUYER cannot hold the SELLER responsible for possible delays.
5.11 – The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means using the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or later updated by them. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the aforementioned communication activities directed at them.
5.12 – The SELLER also sells defective/damaged goods referred to as "outlet" products on its website. In this case, the defect/damage part of the ordered product is clearly indicated in the order form and photographs. In this case, the BUYER knowingly orders the defect/damage and the defect/damage is not considered a defect. The BUYER will inspect the product before receiving it and will not accept delivery of any damaged and defective product such as crushed, broken, or torn packaging from the cargo company. The product is deemed to be intact and sound after delivery. The obligation to carefully protect the product after delivery belongs to the BUYER.
If the right of withdrawal is to be exercised, the product should not be used. The invoice must be returned.
5.13 – If the person using the credit card at the time of the order is not the same as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit cardholder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the requested information/documents are provided by the BUYER, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
5.14 – The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is true, and that they will immediately, in cash, and in full compensate all damages incurred by the SELLER due to the inaccuracy of this information, upon the first notification by the SELLER.
5.15 – Products that are sold with a warranty certificate or not, that are defective or malfunctioning, can be sent to the SELLER for necessary repair under warranty conditions, and in this case, the shipping costs will be borne by the SELLER. If the BUYER orders defective/damaged goods referred to as "outlet" products on the SELLER's website, the defects/damages clearly indicated in the order form and photographs of the ordered product are not included in this article.
5.16 – The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals if any. If the BUYER orders defective/damaged goods referred to as "outlet" products on the SELLER's website, the defects/damages clearly indicated in the order form and photographs of the ordered product cannot be considered as deficiencies or defects.
5.17 – The BUYER agrees and undertakes in advance to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities will bind the BUYER completely and exclusively.
5.18 – Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by third parties may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site and do not guarantee the information contained in the linked website.
5.19 – This contract becomes valid after being electronically approved by the BUYER.
ARTICLE 6 – RIGHT OF WITHDRAWAL:
6.1 – The BUYER may exercise the right to withdraw from the contract by rejecting the product without assuming any legal or criminal liability and without providing any justification within fourteen (14) days from the date of delivery of the product to the BUYER or the person/entity at the address indicated, provided that they notify the SELLER. In the case of distance contracts for service provision, this period starts from the date of signing the contract. The right of withdrawal cannot be used in service contracts where the provision of the service has started with the consumer's approval before the withdrawal period expires. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
6.2 – To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail with return receipt, fax, or email within the fourteen (14) day period and the product must not be used in accordance with the provisions of the "Products for Which the Right of Withdrawal Cannot Be Exercised" in this contract. In case of exercising this right,
6.2.a) 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. Order returns whose invoices are issued to institutions cannot be completed without issuing a RETURN INVOICE.)
6.2.b) Return form,
6.2.c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.
6.2.d) The SELLER is obliged to refund the total amount and return the documents that put the BUYER in debt to the BUYER within fourteen (14) days from the receipt of the withdrawal notification.
6.2.e) If there is a decrease in the value of the product or the return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the damages of the SELLER at the rate of the fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal period.
6.2.f) If the amount of the campaign limit arranged by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the returned product due to the right of withdrawal is covered by the SELLER.
ARTICLE 7 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
The right of withdrawal cannot be exercised in the following contracts as per Article 15 of the Regulation on Distance Contracts:
7.a) Contracts for goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the SELLER.
7.b) Contracts for goods prepared in line with the BUYER's requests or personal needs.
7.c) Contracts for the delivery of perishable goods or goods with a short expiration date.
7.ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package, etc. have been opened after delivery and which are not suitable for return in terms of health and hygiene.
7.d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
7.e) Contracts for books, digital content, and computer consumables offered in material form, if the protective elements such as packaging, tape, seal, package, etc. are opened after the delivery of the goods.
7.f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
7.g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be done on a specific date or period.
7.ğ) Contracts for services performed instantly in the electronic environment or intangible goods delivered instantly to the BUYER.
7.h) Contracts for services started with the approval of the consumer before the expiration of the right of withdrawal period.
ARTICLE 8 – DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults in the payment transactions made by credit card, the BUYER agrees, declares, and undertakes that they will pay interest within the framework of the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies, and the BUYER may be liable for the costs and attorney fees incurred, and in any case, the BUYER agrees, declares, and undertakes that if they are in default due to their debt, they will compensate the SELLER's damages and losses due to the delayed performance of the debt.
ARTICLE 9 – AUTHORIZED COURT:
In the implementation of this contract, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and the Consumer Courts in the BUYER's or SELLER's settlement area are authorized.
If the order is realized, the BUYER is deemed to have accepted all the terms of this contract. .../.../...
| SELLER: | BUYER: |
|---|---|
| INSTITUTION NAME: | NAME/SURNAME: |
| ADDRESS: | ADDRESS: |
| TEL: | TEL: |
| FAX: | FAX: |
| SIGNATURE: | SIGNATURE: |