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Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the parties listed below under the following terms and conditions.

A. ‘BUYER’ (hereinafter referred to as “BUYER”)

B. ‘SELLER’ (hereinafter referred to as “SELLER”)

NAME-SURNAME: SÖMESTR İLETİŞİM ve DANIŞMANLIK LTD. ŞTİ.
ADDRESS: ACIBADEM MH. ACIBADEM CD. NO:33/8 KADIKÖY-ISTANBUL

By accepting this contract, the BUYER acknowledges in advance that, upon confirming the order, they are obligated to pay the price of the ordered product and any additional charges such as shipping fees and taxes, if applicable, and that they have been informed accordingly.

2. DEFINITIONS

For the implementation and interpretation of this contract, the following terms shall have the meanings assigned below:

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER from the SELLER’s website, in accordance with the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.

The prices listed and announced on the website are the sales prices. The announced prices and promises remain valid until updated or changed. Prices announced for a limited period remain valid until the specified expiration date.

4. SELLER INFORMATION

5. BUYER INFORMATION

6. ORDERING PARTY INFORMATION

7. DETAILS OF THE ORDERED PRODUCT(S)

  1. The essential characteristics of the product(s)/service(s) (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign has been organized by the SELLER, you can review the essential characteristics of the product during the campaign period. The campaign is valid until the specified date.
  2. The listed and announced prices are the sales prices. The announced prices remain valid until updated or changed. Prices announced for a limited period remain valid until the specified expiration date.
  3. The total price of the product(s), including all taxes, is listed below:
Product DescriptionQuantityUnit PriceSubtotal (Including VAT)
  1. The shipping cost of the product(s) is to be paid by the BUYER.

8. BILLING INFORMATION

Invoice Delivery: The invoice will be delivered to the billing address along with the order at the time of delivery.

GENERAL TERMS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and confirmed the preliminary information regarding the essential characteristics of the product, the sales price, payment method, and delivery on the SELLER’s website before confirming this Agreement electronically.

9.2. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and undertakes that they have accurately and completely obtained the address provided by the SELLER, the essential characteristics of the ordered products, the total price including taxes, and the payment and delivery details before the execution of the Distance Sales Agreement.

9.3. Each product subject to this Agreement shall be delivered to the BUYER or to the individual and/or organization at the address specified by the BUYER within the period indicated in the preliminary information section of the website, depending on the BUYER’s place of residence, and in any case, within the legal maximum period of 30 days. If the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

9.4. The SELLER agrees, declares, and undertakes to deliver the product subject to the Agreement in full, in compliance with the specifications indicated in the order, along with its warranty documents, user manuals, and all required documents, free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner, based on the principles of accuracy and honesty, while maintaining and improving service quality, exercising due diligence, care, and foresight.

9.5. Before the expiration of the fulfillment period, the SELLER may provide a different product of equal quality and price with the explicit approval of the BUYER.

9.6. If it becomes impossible for the SELLER to fulfill the order, the SELLER agrees, declares, and undertakes to notify the BUYER in writing within 3 days from the date of becoming aware of this situation and to refund the total amount to the BUYER within 14 days.

9.7. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product, and in case the product price is not paid and/or is canceled in bank records for any reason, the SELLER’s obligation to deliver the product will cease.

9.8. If, after the delivery of the product to the BUYER or the individual and/or organization specified by the BUYER, the payment for the product is not made to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

9.9. If the SELLER is unable to deliver the product on time due to force majeure events beyond the control of the parties, which were unforeseeable and prevent and/or delay the fulfillment of obligations, the SELLER agrees, declares, and undertakes to inform the BUYER. The BUYER has the right to request the cancellation of the order, replacement of the product with an equivalent one, and/or postponement of the delivery until the force majeure event is resolved. If the BUYER cancels the order, the SELLER will refund the payment within 14 days for payments made in cash. For payments made via credit card, the refund will be processed to the relevant bank within 14 days after the cancellation. The BUYER acknowledges that the average period for the refund to be reflected in their account by the bank may take 2 to 3 weeks and that any delay in this process is solely related to bank procedures, and therefore, the BUYER cannot hold the SELLER responsible for potential delays.

9.10. The SELLER has the right to contact the BUYER through mail, e-mail, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes, using the contact details provided by the BUYER during registration or updated later by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may conduct the mentioned communication activities with them.

9.11. The BUYER must inspect the product/service before accepting delivery and must not accept delivery from the courier company if the product/service is damaged (e.g., dented, broken, torn packaging). If the product/service is accepted, it is considered to be undamaged and in good condition. After delivery, the BUYER is responsible for carefully preserving the product/service. If the right of withdrawal is to be exercised, the product/service must not be used, and the invoice must be returned.

9.12. If the credit card holder used in the transaction is not the same as the BUYER or if a security risk is detected before delivery, the SELLER may request the BUYER to provide identification and contact details of the credit card holder, a copy of the credit card statement for the previous month, or a letter from the bank confirming that the credit card belongs to the cardholder. During the period required for providing these requested documents, the order will be frozen. If the requested information/documents are not provided within 24 hours, the SELLER reserves the right to cancel the order.

9.13. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate and that they will compensate the SELLER for any damages incurred due to the inaccuracy of such information upon the SELLER’s first request, in cash and immediately.

9.14. The BUYER agrees and undertakes to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities arising from such violations shall be solely and exclusively the responsibility of the BUYER.

9.15. The BUYER agrees not to use the SELLER’s website in any way that disrupts public order, violates general morals, harasses or disturbs others, is unlawful, or infringes upon the material and moral rights of others. Additionally, the BUYER shall not engage in activities that prevent or complicate the use of the services by others (such as distributing spam, viruses, Trojan horses, etc.).

9.16. Links to other websites and/or other content that are not under the SELLER’s control and/or are owned and operated by third parties may be provided on the SELLER’s website. These links are provided to the BUYER for convenience and do not support any website or its operator, nor do they constitute a guarantee regarding the information contained on the linked website.

9.17. A member who violates any of the clauses listed in this Agreement shall be personally and legally responsible for such violations and shall keep the SELLER free from any legal and criminal consequences arising from such violations. Additionally, if such a violation results in legal action, the SELLER reserves the right to claim compensation from the member for non-compliance with the Agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the product without assuming any legal or penal liability and without providing any justification, within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization designated by the BUYER, by notifying the SELLER. In the case of distance contracts related to service provision, this period starts from the date the contract is signed. If the performance of the service begins with the consumer’s consent before the withdrawal period expires, the right of withdrawal cannot be exercised for service contracts. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14 (fourteen) day period, and the product must be unused in accordance with the provisions of the “Products for Which the Right of Withdrawal Cannot Be Exercised” section of this contract. If this right is exercised:

a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned was issued in the name of a company, the return must be accompanied by a return invoice issued by the company. The return process cannot be completed without a RETURN INVOICE for orders invoiced to companies.)
b) The return form must be included.
c) The products to be returned must be delivered in their original box, packaging, and with all standard accessories, if any, in complete and undamaged condition.
d) The SELLER is obliged to refund the total amount and any documents that place the BUYER under debt within 10 days from the receipt of the withdrawal notification and to collect the goods within 20 days.
e) If a decrease in the value of the goods occurs due to the BUYER’s fault or if the return becomes impossible, the BUYER is responsible for compensating the SELLER for the damages in proportion to their fault. However, the BUYER shall not be held responsible for any changes or deterioration in the product resulting from proper use within the withdrawal period.
f) If the right of withdrawal is exercised and the campaign limit amount set by the SELLER is fallen below, the discount amount utilized within the scope of the campaign will be canceled.

11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

Products that are prepared in line with the BUYER’s request or clearly tailored to their personal needs and are not suitable for return, including underwear bottom pieces, swimsuits, and bikini bottoms; makeup products; single-use items; goods that are at risk of spoiling quickly or may expire; products that, for health and hygiene reasons, are not suitable for return once their packaging has been opened after delivery to the BUYER; products that, after delivery, are mixed with other items and cannot be separated by their nature; periodicals such as newspapers and magazines, except those provided under a subscription contract; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables whose packaging has been opened by the BUYER cannot be returned under the relevant regulations.

Additionally, the right of withdrawal cannot be exercised for services that have commenced with the consumer’s approval before the withdrawal period has expired, as per the applicable regulations.

For the return of cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (such as toner, cartridges, ribbons, etc.), the packaging must be unopened, untested, undamaged, and unused to be eligible for a return.

DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on the payment when paying by credit card, the BUYER agrees, declares, and undertakes that they will pay interest to the bank according to the credit card agreement between them and the card-issuing bank and will be responsible for the bank. In this case, the relevant bank may resort to legal measures; it may claim the arising costs and attorney’s fees from the BUYER, and in any case of default due to the BUYER’s debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction took place, within the monetary limits specified in the law. Information on the monetary limit is as follows:

14. EFFECTIVENESS

The BUYER will be deemed to have accepted all the terms of this agreement upon completing the payment for the order placed on the site. The SELLER is obligated to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this agreement before the order is processed.

SELLER:
BUYER:
DATE: