DISTANCE SALES AGREEMENT
Article 1 - Parties
1.1. Seller
Name: Akybul E-Commerce Ltd Co.
Address: Suadiye Mahallesi Fatmakadin Street, Ihsan Bey Apartment No: 18/6 Kadıköy/Istanbul
Phone: (0535) 294 89 25
Email: [email protected]
1.2. Buyer
Name – Surname/ID No:
Address:
Phone:
Email:
Article 2 - Subject
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are specified, which the BUYER has ordered electronically from the seller's gallianoshoes.com website.
The Buyer acknowledges and declares that they have been informed by the seller about the seller's name, title, address, phone, and other contact information, the basic characteristics of the product subject to sale, including the sale price including taxes, payment method, delivery conditions and expenses, etc., all pre-information about the product subject to sale, the right of withdrawal, and how to exercise this right, as well as official authorities to whom complaints and objections can be submitted, in a clear, understandable, and internet-compatible manner, and that they have confirmed this information electronically before placing the order. The pre-information on the gallianoshoes.com website and the invoice issued upon the order by the buyer are integral parts of this agreement.
Article 3 - Product/Payment/Delivery Information
The type and quantity of the product/products purchased electronically, brand/model, total sales price, payment method, the person to receive the delivery, delivery address, invoice information, and shipping cost are as follows. The person to be invoiced must be the same as the person making the contract. The information below must be accurate and complete. The Buyer accepts and agrees to fully compensate for any damages arising from inaccurate or incomplete information and further acknowledges the responsibility for any liability arising from this situation.
If the Seller deems necessary, in cases where the information provided by the Buyer does not match reality, the Seller reserves the right to suspend the order if it cannot reach the Buyer through the phone, email, and mailing addresses provided by the Buyer. During this 15-day period, the Seller expects the Buyer to contact them regarding the issue. If no response is received from the Buyer during this period, the Seller cancels the order to prevent any damage to both parties
Received Product/Products
Name, Code: … pcs
Total Sales Price: … -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone number:
Delivery Address:
Billing Individual/Organization:
Billing Address:
Tax Office:
Tax ID Number:
Shipping Cost: … -USD/€
Article 4 - Contract Date and Force Majeure
The contract date is ../../…. which is the date the order was placed by the Buyer.
Force majeure refers to unforeseen events outside the control of the parties that arise and make it impossible for one or both parties to fulfill their obligations and responsibilities under the contract. Such events include but are not limited to natural disasters, war, terrorism, riots, changes in legislation, seizure, strike, lockout, significant breakdowns in production and communication facilities, etc. If the force majeure situation continues for 30 (thirty) days, each party will have the unilateral right to terminate the contract.
Article 5 - Seller's Rights and Obligations
5.1. The Seller undertakes to fulfill the obligations imposed on it by the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in full, except for force majeure.
5.2. Individuals under the age of 18 cannot make purchases on gallianoshoes.com. The Seller will consider the age specified in the contract by the Buyer. However, the Seller will not be held responsible for any inaccuracies in the Buyer's age information.
5.3. gallianoshoes.com is not responsible for price inaccuracies resulting from system errors. Accordingly, the Seller is not responsible for errors in promotion, pricing due to system, design, or illegal interventions to the website.
5.4. Purchases can be made from gallianoshoes.com with credit cards (Visa, MasterCard, etc.) or bank transfer. Orders not paid by bank transfer within one week from the order date will be canceled. The processing time of orders is determined when the necessary collection is made from the credit card account or when the bank transfer reaches the bank accounts. Payment methods processed without consultation with customer services, such as cash on delivery or postal check, are not accepted.
Article 6 - Buyer's Rights and Obligations
6.1. The Buyer undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. By placing the order, the Buyer is deemed to have accepted and committed to the terms of the contract, and to make the payment according to the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that they are informed by the Seller in a clear, understandable, and internet-compatible manner about the name, title, address, phone, and other contact information of the seller, the basic characteristics of the product subject to sale, including the sale price including taxes, payment method, delivery conditions, and expenses, etc. The Buyer confirms this information electronically and then places the order in accordance with the provisions of this agreement.
6.4. In accordance with the previous article, the Buyer states that they have read and are informed about the gallianoshoes.com order/payment/use procedure information, product usage instructions, precautions taken for possible situations, and warnings.
6.5. In the event that the Buyer wants to return the purchased product, the Buyer undertakes not to damage the product and its packaging in any way, to return the original invoice and delivery note during the return, and to declare and commit to this.
Article 7 - Order/Payment Procedure
Order
After the confirmation of the total TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping basket by the Buyer, the transaction is processed through the POS of the relevant bank card. Therefore, orders are not shipped until a confirmation email is sent to the customer before shipment.
In case of any disruption in the process or problems related to credit cards that may arise during the payment process, the Buyer will be notified through the phone/fax/email channels specified in the contract. If necessary, the Buyer may be asked to contact their bank. The processing time of orders is determined when the necessary collection is made from the credit card account or when the bank transfer reaches the seller's accounts. Exceptionally, in cases where it is understood that the contract subject cannot be supplied for a justifiable reason and/or there is a stock problem, the Buyer can be sent another product of equal quality and price, or, upon the approval of the Buyer, a new product can be sent according to the Buyer's desire and choice; the entry of the product into stocks or the removal of other obstacles preventing delivery can be awaited, and/or the order can be canceled. In all these cases, the Buyer is informed.
Article 8 - Shipment/Delivery Procedure
8.1. The delivery of the ordered products is made by cargo companies cooperating with gallianoshoes.com.
8.2. If the products cannot be delivered to the buyer due to the Buyer's absence from the address, the buyer is responsible for checking their contact information.
8.3. The shipping cost of the products is covered by the Buyer. However, if the total amount of the order exceeds a certain amount or if there is a campaign regarding the shipping fee on the relevant day, the delivery fee may not be charged.
Article 9 - Product Return and Right of Withdrawal Procedure
9.1. The Buyer has the right to withdraw within 14 (fourteen) days from the date of receipt of the product subject to the contract without any legal or criminal liability and without any justification.
9.2. The Buyer can use the right of withdrawal by notifying the Seller in writing by e-mail or telephone within the withdrawal period specified in Article 9.1.
9.3. The product subject to withdrawal must be delivered to the Seller within 14 (fourteen) days from the date of notification of the withdrawal.
9.4. If the buyer has chosen a cargo company to return the product, the product must be delivered to the seller within 14 (fourteen) days from the date of withdrawal notification to the seller. The Seller will not be responsible for any problems, defects, damages, or losses that may occur during the delivery of the product to the Seller.
9.5. If the right of withdrawal is exercised, the Seller undertakes to return the total price and the documents that put the buyer under debt to the buyer within 10 (ten) days from the receipt of the withdrawal notification and the return of the product.
Article 10 - Privacy
The Seller takes all necessary technical and administrative measures to protect the privacy of the users. Personal data of the users may only be disclosed to third parties in cases where it is clearly stipulated by the legislation.
Article 11 - Competent Court and Enforcement Offices in Case of Dispute
In case of disputes that may arise from this contract, the Consumer Arbitration Committees and the Consumer Courts in the place of residence of the Buyer, where the declared value of the product or the consumer transaction is not above the limits determined by the Ministry of Customs and Trade, and above these limits, the Civil Courts of First Instance are authorized.
DECLARATIONS OF THE PARTIES
By electronically approving this Distance Sales Agreement, the BUYER accepts all the terms of the agreement and acknowledges that the information in this agreement is clear, accurate, and understandable.
SELLER:
Akybul E-Commerce Ltd Co.
BUYER:
(Name-Surname/ID Number)