This Distance Sales Agreement (“Agreement”) has been prepared and signed by the Parties below in accordance with the regulations and arrangements agreed upon.
1.1. SELLER: Title: Argos Kültür Sanat Tanıtım Organizasyon Ticaret A.Ş. Address: Levazım Mah. Koru Sok. Zorlu Center No:2 Daire: 354-355 Email Address: email@example.com Website: www.mercandedearthouse.com Phone: * Fax: * MERSIS No: 0074048474500014
1.2. BUYER: Name-Last Name/Title: Address: Phone: Email Address: In this Agreement, unless otherwise stated, references to the product or service shall be deemed to refer to the other party as well.
2.SUBJECT AND SCOPE OF THE AGREEMENT: The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation (“Regulation”) regarding the sale and delivery of the product ordered by the Buyer with the intention to purchase electronically from the website mercandedearthouse.com, whose qualities and sales price are specified. The Parties acknowledge and undertake that they are aware of and understand their rights and obligations arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation through this Agreement.
3.PRODUCT, SERVICE, PRICE, PAYMENT, AND DELIVERY OF THE AGREEMENT SUBJECT:
3.1. Payment method and plan of the product/service:
3.2. The basic characteristics and specifications of the product or service are as stated on the www.mercandedearthouse.com website. The specified prices are valid until the end of the campaign or until the price change to be made by the Seller. In case of campaigns or limited-time sales, the price promised to be sold by the Seller will automatically expire at the end of the campaign or period.
3.3. Delivery address: (The Product/Products will be sent to the address specified in the Agreement and the information form in the way and to the address indicated by the Buyer. In the event of re-delivery of the product due to a change of address, the expenses will be borne by the Buyer. In case of a change of address, if not notified to the Seller at least 2 (two) days before the shipment date, the shipment sent to the first address will not be held responsible by the Seller.)
3.4. Delivery person/delivery method: Buyer – Courier
3.5. Invoice address: The Buyer creates it during the purchase.
4.1. Unless otherwise agreed, the delivery expenses of the product/service are borne by the Buyer. The delivery of the product or service is made within the period foreseen and committed by the Buyer after the payment is made. If the payment is not made by the Buyer within the specified period or if the payment does not reach the Seller’s account for any reason within this period, the Seller’s obligation to deliver the product or service also lapses, and the Seller also has the right to terminate the Agreement unilaterally. In case the product is not delivered to the Buyer after the delivery, if the payment is made by credit card, in case the product price is not paid in full or in part for any reason to the Seller by the intermediary institution, the product/products in question will be returned to the Buyer within a maximum of 3 (three) days, with the shipping cost borne by the Buyer. However, the Seller reserves the right to refuse the product and claim the product price. If the Buyer chooses to pay by credit card or credit payment method, it will not change the fact that the product is sold in cash and that the Seller has sold the product in cash.
4.2. Unless the situations in which the fulfillment of the performance of the product or service subject to the order becomes impossible due to the Seller, the Seller delivers the product or service to the Buyer within 5 (five) days from the date of ordering the product or service. If the product or service is not delivered by the Seller within this period, the Buyer has the right to terminate this Agreement.
4.3. In case the Buyer defaults under this Agreement or relevant laws and regulations, the Buyer accepts and undertakes that it will pay the monthly default interest determined by the relevant laws and the damages suffered or will be suffered by the Seller.
4.4. The Buyer acknowledges and undertakes that it has been informed about the product or service subject to the Agreement, the sales price, payment method, delivery, and pre-notification form on the website or mobile application, and that it has obtained accurate and complete information about the specified qualifications and conditions of the product or service in electronic media, and the Buyer accepts and undertakes this with the approval. Thus, with this approval, the Buyer is deemed to have obtained accurate and complete information about the specified qualifications and conditions of the product or service and that the confirmation has been made electronically.
4.5. Before the conclusion of this Agreement, the Buyer acknowledges that it has been provided with the address of the Seller, the basic qualities of the ordered product or service, the sales price, the method of payment, and the delivery and that it has given the necessary confirmation in electronic media. 4.6. The seller is responsible for delivering the product without any damage, complete, in accordance with the qualifications specified in the order, and with the warranty documents, if any. If the product delivered by the Seller is defective or defective or if the product is defective or defective within the warranty period, the Seller will eliminate these defects within the framework of the warranty conditions specified in this Agreement. For the exercise of the warranty, the warranty certificate must be sent to the Seller together with the defective or defective product.
4.7. The Seller cannot be held responsible for the expenses of the relevant technical services that are not authorized by the Seller for the repair of the defective or defective product.
4.8. If the right of withdrawal is used, the Seller is obliged to return the total price and the documents that put the consumer under debt to the Buyer within 10 days from the receipt of the withdrawal notice and to take back the goods within 20 days.
4.9. In case of return, if the product is not available, the Seller must return the equivalent of the product price to the Buyer within 10 days.
4.10. The risk of the product is at the Seller until it is delivered to the Buyer. If the product is damaged for any reason not caused by the Buyer after delivery, the Buyer is responsible for the product.
4.11. If the bank or financial institution does not pay the product price to the Seller due to the unjust use of the Buyer’s credit card by unauthorized persons after the delivery of the product, the product must be sent to the Seller within 3 days at the latest, provided that the Buyer is contacted by the Buyer. In this case, the shipping costs belong to the Buyer.
4.12. The Buyer agrees that it will confirm this Agreement electronically for the delivery of the product/service and that it cannot withdraw from this Agreement after confirmation.
4.13. The Parties accept that all books and records, including the computer records of the Seller, will constitute conclusive evidence in accordance with Article 193 of the Code of Civil Procedure and that the Buyer cannot object to these records.
4.14. Any dispute arising from this Agreement shall be settled by the Consumer Arbitration Committees or the Consumer Courts in the place of residence of the Buyer, or where the consumer transaction is carried out, up to the monetary limits specified in Article 68 of the Consumer Protection Law No. 6502. Information on the monetary limit for the disputes to be brought before the Consumer Arbitration Committees is as follows:
Dispute Resolution Body Monetary Limit (in Turkish Lira) Consumer Arbitration Committees 6,920 Consumer Courts 10,370
4.15. The disputes arising from this Agreement shall be resolved in accordance with the laws of the Republic of Turkey and the provisions of the Consumer Protection Law No. 6502 and the Regulation on the Principles and Procedures for Application to Consumer Arbitration Committees.
4.16. This Agreement consists of 4 (four) pages and 17 (seventeen) articles, and the Buyer has read all the articles of this Agreement and the provisions of the preliminary information form on the website or mobile application of the Seller, has understood all the articles, and has confirmed this Agreement electronically.
4.17. The Buyer is responsible for any direct or indirect damages that may occur to the Seller or third parties due to the use of the product or service subject to this Agreement in a manner that is contrary to the legislation, public order, and general morality.
4.18. If the Buyer uses the right of withdrawal or if the product or service subject to the Agreement cannot be supplied due to force majeure or for any reason caused by the Seller, the Seller is obliged to return the total price and the documents that put the consumer under debt to the Buyer within 10 days from the receipt of the withdrawal notice and to take back the goods within 20 days.
4.19. If the delivery of the product is impossible, the Seller notifies the Buyer before the performance obligation expires, and the Buyer is obliged to return the total price and the documents that put the consumer under debt to the Buyer within 10 days.
4.20. If the Buyer pays the product price by credit card and in the event that the sales price of the product is not paid to the Seller by the bank or financial institution for any reason, the Seller will be deemed to have been discharged from the obligation to deliver the product.
4.21. The Parties agree that they have read the preliminary information form on the website or mobile application of the Seller regarding the basic qualities, sales price, and payment method of the product or service subject to the Agreement and have given the necessary confirmation in electronic media.
4.22. By confirming this Agreement, the Buyer accepts all of the articles of this Agreement and the preliminary information form on the website or mobile application of the Seller, which is an integral part of this Agreement.
SELLER Argos Kültür Sanat Tanıtım Organizasyon Ticaret A.Ş.
BUYER [Buyer’s Name/Title]
Date of Approval: [Date of Approval]
5.RIGHT OF WITHDRAWAL:
5.1: The Buyer, in accordance with Article 9 of the Distance Contracts Regulation, has the right to withdraw from this Agreement within 14 (fourteen) days without stating any reason and without paying any penalties, starting from the date when the product/products are received or accepted by a third party designated by the Buyer. The Buyer may also exercise the right of withdrawal within the period from the establishment of the contract in the case of service contracts. By accepting this Agreement, the Buyer acknowledges and commits to being informed about the right of withdrawal.
5.2: The determination of the withdrawal period is as follows: a) In the case of products that are the subject of a single order and delivered separately, the day when the consumer or the third party designated by the consumer receives the last product, b) In the case of products consisting of multiple parts, the day when the consumer or the third party designated by the consumer receives the last part, c) In contracts where the delivery of goods is made regularly over a certain period, the day when the consumer or the third party designated by the consumer receives the first product is taken as the basis.
5.3: Notification of withdrawal is sufficient to exercise the right of withdrawal, and it can be made in writing or through a durable medium before the withdrawal period expires. In using the right of withdrawal, the Buyer may make an explicit statement declaring the withdrawal decision. If the Seller offers the right of withdrawal to the Buyer on the website, the Seller may also provide the option for the Buyer to send their withdrawal statement via the website. In the event that the right of withdrawal is offered to the Buyer on the website, the Seller must immediately confirm to the Buyer that the withdrawal request has been received. The burden of proof regarding the use of the right of withdrawal as mentioned in this article belongs to the Buyer.
5.4: The Seller is obliged to refund all payments received, including the delivery costs of the product/products, to the Buyer within 14 (fourteen) days from the date when the notification of withdrawal reaches the Seller. The Seller must make all specified refunds in a single transaction without imposing any cost or obligation on the Buyer, in a manner compatible with the payment method used by the Buyer during the purchase.
5.5: In the use of the right of withdrawal, the Buyer cannot be held responsible for the expenses of returning the product/products when the product/products are returned through the carrier specified by the Seller as part of paragraph (g) of the first paragraph of Article 5 of the Distance Contracts Regulation (In cases where the right of withdrawal exists, the conditions, period, method, and information regarding the carrier specified by the seller for the use of this right), unless the Seller has indicated any carrier in the preliminary information for return. In case the carrier specified in the preliminary information does not have a branch where the Buyer is located, the Seller is obliged to ensure the return of the product/products to be returned without any additional cost.
5.6: Unless otherwise agreed by the Parties, the Buyer (consumer) cannot exercise the right of withdrawal in the following contracts, and in cases specified in the law and regulations: a) Contracts for goods or services whose prices vary depending on fluctuations in the financial markets and which are not under the control of the seller or the provider, b) Contracts for goods that are prepared in line with the consumer’s wishes or personal needs, c) Contracts for the delivery of perishable or expired date goods, d) Contracts for goods that are not suitable for return due to health and hygiene concerns if their protective elements such as packaging, tape, seal, package are opened after delivery, e) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature, f) Contracts for books, digital content, and computer consumables presented in a material environment where the packaging, tape, seal, or package is opened after delivery, g) Contracts for periodicals such as newspapers and magazines, except for those provided under the subscription agreement, h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and entertainment or recreation activities to be performed on a specific date or period, i) Contracts for services that are immediately performed in electronic media or for non-material goods delivered to the consumer instantly.
5.7: In order for the right of withdrawal to be exercised, the product/products must be in the original box/package, undamaged, complete, and in a resalable condition. In the event of the exercise of this right, a cargo delivery receipt sample indicating that the product/products have been sent to the Seller, as well as the original invoice, must be returned. If the original invoice is not sent, VAT and other legal obligations cannot be refunded. If the Buyer meets the specified conditions, the price of the product will be refunded to the Buyer’s payment method within 10 (ten) days from the date the withdrawal notification reaches the Seller. For example, in the case of a purchase made using credit, the price of the product/products will be refunded to the account associated with the credit. The shipping cost of the returned product due to the right of withdrawal, EFT deductions, and other expenses will be covered by the Seller.
5.8: Rights earned through campaigns or discounts offered by the Seller may be canceled due to the exercise of the right of withdrawal. The prices at the time of the Buyer’s purchase of the product/products will be taken into account in return requests.
5.9: In the case of transactions made by the Buyer using payment options such as credit cards or shopping loans, the Buyer will direct any necessary requests to the relevant bank or institution for the exercise of the right of withdrawal. The Seller will have no obligation or notification in this case.
6.PROTECTION OF PERSONAL DATA – ELECTRONIC COMMUNICATIONS – PRIVACY – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
6.1: The personal data of the Buyer, such as name, surname, identity number, address, collected during membership and shopping on the website, may be recorded, stored in printed/magnetic archives, used, updated, shared, transferred, and otherwise processed by the Seller for an indefinite period or a foreseeable period, for the purpose of informing, selling, campaign, order, product and service offerings, product and service development, conducting payment transactions, and, with prior approval, for marketing activities about orders, products, and services, as well as for updating the information of the Buyer and managing and maintaining memberships and distance sales contracts and other contracts established between the Buyer and the Seller and for the technical, logistical, and other functions of third parties by the Seller. These data may also be transferred to relevant authorities and courts when required by law. The Buyer has given consent and permission for the use, sharing, processing, and communication of existing and new personal and non-personal information within the scope mentioned above in compliance with the legislation on the protection of personal data and the electronic commerce legislation.
6.2: The Buyer reserves the right to request the cessation of data usage, processing, and communication despite the processing of personal data in accordance with the Personal Data Protection Law and other relevant legislation, if the reasons requiring processing have disappeared, as a result of a clear and written request made by contacting Argos Kültür Sanat.
6.3: In accordance with relevant regulations and in light of proper arrangements, the Buyer may receive commercial electronic communications regarding products and services on the website, such as advertising, promotion, campaign, membership, etc., through e-mail, SMS, phone, etc., from the Seller.
6.4: Data sharing on the website or data sharing for the shopping process will be kept and protected by the Seller. However, the prevention of these data belonging to the Buyer from being seized by third parties and its protection will also be ensured by the Buyer.
6.5: The intellectual and industrial property rights and proprietary rights regarding the design of the website, information to be shared, content, etc. are also owned by the Seller, except for the intellectual and industrial property rights and proprietary rights of third parties.
7.RESOLUTION OF DISPUTES:
In disputes arising from the Agreement, the provisions of the Consumer Protection Law No. 6502 will be taken as the basis for determining the competent and authorized jurisdiction. Applications under the scope of arbitration for disputes will also be made in accordance with the principles set out in the same law.
According to Article 68 of Law No. 6502, consumer arbitration committees are competent for disputes up to the determined values every year.
Applications can be made to the consumer arbitration committee in the residence of the consumer or where the consumer transaction is made. In places where there is no consumer arbitration committee, the regulations regarding where the applications will be made and which consumer arbitration committee will decide on these applications will be determined by the regulation.
According to Article 73 of Law No. 6502, consumer cases can also be filed with the consumer court in the residence of the consumer.
8.EFFECT AND SIGNATURE:
This Distance Sales Agreement has been read and acknowledged by the Buyer, who states and undertakes that they have given the necessary approval in the electronic environment.