One of the indispensable contracts of e-commerce sites is the Distance Selling Contract. On the basis of this contract, it aims to provide preliminary information to your customers about the negativities and procedures that may occur during and after shopping on your site. Sales contracts must be approved by your customers with the Read / Confirm option before the order is completed.
Article 1- Parties
Name – surname / TC.No
Article 2- Subject
The subject of this contract is the Law No. 4077 on the Protection of Consumers and Distance Contracts regarding the sale and delivery of the product, the qualifications of which are ordered by the BUYER on the internet site https://www.bodrumotantik.com/ , regarding the sale and delivery of the product, the qualifications of which are indicated below. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.
Buyer, seller’s name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, form of payment, delivery conditions and costs etc. all preliminary information about the property subject to sale and the use of the right of withdrawal and how to exercise this right, official authorities to which they can submit complaints and objections etc. It accepts and declares in accordance with the terms of this contract that it is informed by the seller in a clear, understandable and internet-friendly manner, confirms these preliminary information electronically and then orders the goods.
The preliminary information on the https://www.bodrumotantik.com/ site and the invoice issued by the buyer are the integral parts of this contract.
Article 3- Contract Product / Payment / Delivery Information
The type and type, quantity, brand / model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product / products received electronically are as follows. The information contained must be accurate and complete. The buyer accepts to cover the losses that may arise from situations where this information is not correct or deficient and also accepts any responsibility that may arise from this situation.
The SELLER reserves the right to suspend the order when the information given by the BUYER does not correspond to the reality, when he deems it necessary. In the event that the SELLER detects a problem in the order, if the phone, e-mail and postal addresses given by the BUYER cannot reach the BUYER, it freezes the order for 15 (fifteen) days. The BUYER is expected to communicate with the SELLER about the issue during this period. If no reply is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Product / Products Taken
Total Sales Price:…. -TL
Payment Method: Credit Card / Bank Transfer (EFT)
Person to be Delivered:
Address to be Delivered:
Person to be billed / Institution:
Tax Registry Number:
Shipping Fee:… -TL
Article 4- Contract Date and Force Majeure
The contract date is the date on which the order was placed by the buyer ../../…. It is history.
Situations that do not exist or are not foreseen on the date of signing of the contract, which develop outside the control of the parties, which, when it occurs, make it impossible for one or both of the parties to fulfill their obligations and obligations under the contract partially or completely, or to fulfill them on time, force majeure (Natural disaster, war terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party taking place in the person of force majeure will notify the other party immediately and in writing.
During the continuation of the force majeure, no responsibility will arise due to the failure of the parties to fulfill their actions. If this force majeure condition persists for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fulfill the actions stipulated in the contract completely, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
5.2. People under the age of 18 (eighteen) Can not shop from https://www.bodrumotantik.com . The seller will be based on the age of the buyer specified in the contract. However, no responsibility can be imposed on the seller due to the wrong age of the buyer.
5.2. Https://www.esramerdoglu.com is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for the promotion, price errors that may arise due to the system on the website, the design, or any interference with the website illegally. Based on system errors, the buyer cannot claim rights from the seller.
5.3. You can shop with credit card (Visa, MasterCard, etc.) from https://www.bodrumotantik.com . The time to process orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account. Payment methods that are carried out without contacting customer service, such as a pay post or postal check, are not accepted.
Article 6- Buyer’s Rights and Obligations
6.1. The Buyer agrees and undertakes to fulfill the actions imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he has been deemed to have accepted the terms of the contract of employment, and that he will make the payment in accordance with the form of payment specified in the contract.
6.3. Buyer, name, title, full address, telephone and other access information from the website https://www.bodrumotantik.com/ , sales price including tax, form of payment, terms of delivery and costs, etc. all preliminary information about the property subject to sale and the use of the right of withdrawal and how to exercise this right, official authorities to which they can submit complaints and objections etc. accepts and declares that it has clear, understandable and appropriate knowledge of the internet environment that it confirms these preliminary information electronically.
6.4. Depending on the previous clause, the Buyer declares that he has read and informed the order / payment / usage procedure information on the www.esramerdoglu.com order information, which includes product order and payment conditions, product usage instructions, precautions against possible situations and warnings. .
6.5. The buyer accepts and undertakes not to damage the product and its packaging, to return the original invoice and receipt at the time of return, in case it wants to return the product it bought.
Article 7- Order / Payment Procedure
After the TL amount of the products added to the shopping cart including VAT (total installment amounts in installments) are approved by the buyer, they are processed on the postage of the relevant bank card. Therefore, the
order confirmation mail is sent to the customer before the orders are shipped . Shipment will not be made without sending an order confirmation mail.
Any malfunctions in the process or problems that may arise with the credit card are notified to the recipient by using one or more of the phone / fax / e-mail ways specified in the contract. If necessary, the buyer may be asked to meet with his bank. The time to process orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account.
Exceptionally, if it is understood that the subject matter of the contract cannot be procured and / or in case of a stock problem, the buyer can be sent another product of equal quality and price, or in line with the desire and choice of the buyer; another new product can be sent, the product can be sent to stock or other barrier to delivery will be expected to disappear and / or the order may be canceled.
In cases where it is impossible to fulfill the obligation to deliver the contractual goods, the buyer is informed about this situation and the total price he paid and any documents that put him under debt are returned to him within ten days at the latest and the contract is canceled. In such a case, the buyer will not claim any additional material or moral damages from the seller.
In case the bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the Buyer by the unauthorized persons after the delivery of the product, due to the fault of the Buyer, the Product delivered to the Buyer within 10 days Must send to. In such cases, the shipping costs belong to the Buyer.
If the buyer chose to pay by credit card, the PURCHASER will further confirm the relevant interest rates and information regarding the default interest from the bank, and in accordance with the legislation provisions in force, the provisions regarding the interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER. declare and undertake.
Article 8- Shipping / Delivery Procedure
Upon sending the order confirmation mail, the product / products are delivered to the courier company with which the seller has an agreement.
The product / products will be delivered to the recipient’s address by the cargo that the seller has agreed with. The delivery period is 30 days after the order confirmation mail has been sent and the contract has been established. This period can be extended up to ten days, provided that the recipient is notified in advance in writing or through a continuous data carrier.
The products are sent to the regions where the cargo companies do not deliver the address, by telephone notice.
In regions where the Cargo Company delivers once a week, there may be sagging in the specified time period in cases such as some social events and natural disasters in cases where there is a mistake and deficiency in the shipment information. Due to these sagging, the buyer cannot assume any liability to the seller. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise due to the failure of the person / organization to be delivered, the inactivity in the shipment information and / or the Buyer’s absence. If the product / products did not reach the customer within the specified days, delivery problems should be reported to the customer service immediately using the e-mail address email@example.com.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, the buyer has the right to have the package opened there to check that the products have been delivered undamaged and to request the situation to be determined again. After the package is received by the Buyer, it is accepted that the Cargo Company performs its duty in full. If the package is not accepted and the report is kept, the situation should be reported to the seller Customer Service as soon as possible, together with the remaining copy of the minutes in the Buyer.
Article 9- Procedure for Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within seven days after receiving the goods, without any justification and without penalty. In order to be able to make the return transactions in accordance with the general communiqué number 385 of the tax procedure law, the buyer must keep the other copy of the seller along with the product after completing the return sections at the bottom of the 2 invoices belonging to the seller delivered with the merchandise completely and correctly. the period starts from the day the goods are delivered to the buyer. The returning price of the returned product or products must be borne by the buyer.
There is no right of withdrawal for goods prepared in accordance with the wishes of the buyer and / or his personal needs.
In the event that the buyer uses his right of withdrawal, the seller shall return the total price he has received within ten days from the receipt of the invoice containing the withdrawal notice and any documents that put the consumer under debt without any charge to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is caused by the defect of the consumer, the seller must compensate for the value or decrease in the value of the good.
The general return period is 7 days for every product purchased inadvertently. During this period, the return of products that have been opened, used, destroyed and so on is not accepted. Returns must be made with the original packaging.
In the event that any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and packaging, which are taken inadvertently, and if the product cannot be returned as it was delivered to the buyer, the product is not returned and its price is not refunded.
For product returns, the situation should be forwarded to customer service first. The return information of the product is sent to the customer by the seller. After this meeting, the product with the invoice containing the information regarding the return should be delivered to the seller via the courier company delivering to the recipient’s address. If the return product reaching the seller meets the conditions specified in this contract, it is accepted as a refund and the refund is made to the credit card / account of the buyer. No refund is made until the product is returned. The period of reflection of the refunds made on the credit card to the credit card accounts is at the disposal of the relevant bank.
If the shopping is done with a credit card and in installments, the procedure for returning to the credit card will be applied as follows: The number of installments of the buyer, the Bank repays the buyer in installments. After the seller pays the entire price of the product to the bank at once, the refund amounts requested by the parties involved in the matter in order to prevent the parties involved in the subject from being returned to the victim status in case of returning the credit card to the recipient, are transferred to the bearer accounts by installments. If the return date and the cut-off dates of the card do not coincide, 1 (one) refund will be reflected to the card every month and after the installments of the sales of the buyer paid before the return,
In the event of the return of goods and services purchased with the card, the seller cannot pay the buyer in cash, in accordance with the contract he made with the Bank. The merchant, that is, the seller, will make a refund in the case of a refund transaction, and since the merchant, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or deducted, the buyer cannot be paid in cash in accordance with the above-mentioned procedure. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the Bank the amount in one go.
Products that are used and cleaned in accordance with the instructions for use are warranted against any production defect under the following conditions for 2 years. The provisions of the Turkish Commercial Code will be applicable for commercial works.
Article 11- Confidentiality
The information provided by the buyer to the seller for the purpose of making payment and the information specified in this contract will not be shared by the seller with third parties.
The seller may only disclose this information in the presence of administrative / legal obligation. Within the scope of any forensic investigation documented with a research license, the seller can provide the relevant authority if he / she has the information requested from him.
Credit Card information is never stored, Credit Card information is used only to securely transmit to relevant banks during the collection process, and is deleted from the system after provisioning.
Information such as the recipient’s e-mail address, postal address, and telephone are used only by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information can be sent to the buyer after approval.
Article 12- Competent Courts and Enforcement Offices in Case of Conflict
In case of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or Seller are authorized until the value announced by the Ministry of Industry and Trade in December every year.
In the event of an order, the Buyer is deemed to have accepted all the terms of this contract. … / … / …