Distance Sales Contract
DISTANCE SALES CONTRACT
ARTICLE 1-PARTIES
1.1. Seller Name-Surname: TNS E TİCARET with the Turkish ID number 6298017764 (hereinafter referred to as the "Seller")
Seller Internet Address: www.tnseticaret.com
Seller Address: mahmutbey neighborhood batuhan street no:13 Bağcılar/İstanbul
Seller Phone: 05413556429
Seller E-mail: tansuayik@hotmail.com
1.2. Recipient Name-Surname: ________ with the Turkish ID number ________ (hereinafter referred to as the "Buyer")
Recipient Address: ________
Recipient Phone: ________
ARTICLE 2- SUBJECT OF THE CONTRACT
2.1. This distance sales contract (hereinafter referred to as the "Contract")
is related to the determination of the rights and obligations between the buyer and the seller parties in accordance with the provisions of the Law No. 6502 on Consumer Protection regarding the sale of the product specified below, which the buyer ordered via the seller's internet address, in the amount specified below.
ARTICLE 3 - SUBJECT OF THE CONTRACT, PRICE AND PAYMENT METHOD
3.1. The product subject to the contract will be ordered in ________ units and its features are as
specified below:
________
3.2. The contract price has been agreed upon by the parties as ________ TL (________) including VAT.
The buyer must pay the agreed price within 7 (seven) days.
Otherwise, the seller's delivery obligation is eliminated.
3.3. The contract price shall be paid by the Buyer via credit card or to the Seller's bank account
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via money transfer or EFT.
ARTICLE 4- PLACE OF PERFORMANCE AND DELIVERY OF THE CONTRACT
4.1. The contract shall be deemed to have entered into force upon the approval of the buyer. With the performance, the seller
fulfills its obligation.
4.2. The product subject to the contract shall be delivered to the delivery address specified by the buyer by cargo.
Delivery address: ________
ARTICLE 5- DELIVERY COSTS AND PERFORMANCE
5.1. The delivery costs of the product subject to the contract shall belong to the buyer.
Delivery shall be made by the seller within a maximum of 14 (fourteen)
days after the buyer has paid the contract price to the seller. If the buyer has not paid the agreed price within 7 (seven)
days after the contract is signed, the seller's delivery obligation shall be eliminated.
5.2. The invoice shall be delivered to the buyer during the delivery of the products.
ARTICLE 6-DECLARATIONS AND COMMITMENTS OF THE BUYER AND SELLER
6.1. The buyer confirms this contract electronically and undertakes to provide the basic features, price including taxes, payment and delivery information regarding the ordered product correctly and completely.
6.2. The buyer must review the contractual product with due care after delivery. If the inspection is not performed before receiving the delivery, the responsibility for defective products belongs to the buyer.
6.3. The seller is obliged to deliver the contractual product to the buyer in accordance with the relevant legislation, intact, complete,
compliant with the specified features of the product and together with the warranty certificate and user manual if available.
ARTICLE 7-LIABILITY FOR DAMAGE
7.1. Except for exceptional cases arising from the law, the situation or special conditions stipulated in the contract, the benefit and damage of the sold thing belong to the seller until the moment of transfer of possession in movable sales. In movable sales, if the buyer defaults in taking over the possession of the sold thing, the benefit and damage of the sold thing passes to the buyer as if the transfer of possession had been realized. If the seller sends the sold thing to another place at the request of the buyer, the benefit and damage pass to the buyer at the moment the sold thing is delivered to the carrier.
ARTICLE 8 - WARRANTIES AGAINST DEFECTS
8.1. The seller cannot be held responsible for defects that exist in the movable property subject to the contract at the time the benefit and damage pass to the buyer in accordance with the agreement between the buyer and the seller and that occur later.
8.2. The seller is obliged to deliver the product subject to the contract in a sound, complete and in accordance with the
qualifications specified in the contract.
8.3. The seller is responsible for the absence of the declared qualities of the product subject to the contract in the sold product,
material, legal or economic defects that are contrary to its quality or quantity, that eliminate its value and the benefits expected from it in terms of
purpose of use or that significantly affect it.
8.4. The buyer is obliged to examine the movable property it receives within a reasonable period of
time. If it sees a defect in the movable property sold that requires the seller's
responsibility, it must notify the seller within the appropriate period.
8.5. The seller party shall be liable for defects that the buyer party could have seen by examining the sold item properly, but only if the buyer has assumed that there is no such defect.
8.6. The seller party shall not be liable for defects that the buyer knew at the time the sales contract was established.
8.7. If the seller party is grossly at fault in transferring the sold item as defective, no arrangement can be made to eliminate the seller's liability arising from the defect. The seller party who is grossly at fault cannot partially escape liability by claiming that the defect in the movable goods subject to the contract was not reported within the period.
8.8. If the buyer party purchases a defect in the purchased product, he/she may declare that he/she is ready to return the sold item, may keep the sold item and request a discount on the sales price in proportion to the defect, may request that the sold item be repaired free of charge, with all expenses being borne by the seller, if this does not require excessive expenses, or may request that the sold item be replaced with a similar one that is free of defects, if possible.
ARTICLE 9 - FORCE MAJEURE
9.1. Situations that do not exist or cannot be foreseen at the time the contract is signed,
develop beyond the control of the parties, and prevent one or
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both parties from fulfilling their obligations and responsibilities undertaken by the contract partially or completely
or fulfilling them at the agreed time, are considered force majeure. In the event of force majeure
(natural disaster, war, terror, riot, changing legislation, seizure, strike,
lockout, significant failure in production facilities), the party that cannot fulfill its obligation due to force majeure shall immediately
notify the other party in writing of the situation.
ARTICLE 10 - RIGHT OF WITHDRAWAL
10.1. The Buyer has the right to withdraw from this contract within 14 days without having to show any reason and without paying any penalty. It is sufficient for the notification of the right of withdrawal to be sent to the seller within this period.
10.2. The buyer may use the movable goods received to the extent required by a regular review, otherwise the right of withdrawal cannot be used.
10.3. In case of the use of the right of withdrawal, the cargo cost shall be covered by the seller.
ARTICLE 11-RESOLUTION OF DISPUTES
11.1. For the resolution of disputes arising from this contract, the Provincial and District Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade, and the Consumer Courts in cases exceeding these limits, are authorized. The Consumer Arbitration Committee and the Consumer Courts in the place where the buyer purchased the product and service and where he/she resides are authorized.
ARTICLE 12-ENFORCEMENT
12.1. This Contract was signed between the Buyer and the Seller on ________.
BUYER
________
SELLER
TNS E-COMMERCE