Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be liable to pay the price of the order and, if any, additional fees such as shipping costs and taxes, and that they have been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of all types of consumer transactions other than the provision of goods, performed or undertaken for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or account of the goods provider,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service via the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to purchase and sale, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.
3. SUBJECT
This Contract regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose specifications and sales price are stated below, ordered by the BUYER electronically via the SELLER's website.
The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title Betül Sözüer
Address Istanbul/Üsküdar
Phone 05466150201
Fax
Email info@biconsilio.com
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
6. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
6.1. The main characteristics of the goods / product / products / service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the main characteristics of the relevant product during the campaign period. Valid until the campaign date.
6.2. The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered To
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost for product shipment will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during order delivery.
8. - RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules-policy and terms, the current principles of which are specified below, regarding the protection, confidentiality, processing-use of information and communications and other matters on the WEBSITE, are valid.
8.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken by the SELLER's system infrastructure, to the extent of today's technical capabilities, according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those related to viruses and similar malicious applications, to protect them on the BUYER's side and prevent unauthorized access by third parties, belongs to the BUYER.
8.2. In addition to and in confirmation of the BUYER's permissions-consents regarding personal data and commercial electronic communications provided otherwise; the information acquired during the BUYER's membership and purchases on the WEBSITE may be recorded by the SELLER, C and its successors, for an indefinite period or for a period they deem appropriate, for the purpose of providing various products/services and for all kinds of informing, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and other commercial-social communications, stored in printed/magnetic archives, updated, shared, transferred, used and otherwise processed when deemed necessary. This data may also be transmitted to the relevant authorities and courts when legally required. The BUYER has given consent and permission for the use, sharing, processing of existing and new personal and non-personal information, in accordance with the legislation on the protection of personal data and e-commerce legislation within the scope above, and for receiving commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can stop data usage-processing and/or communications at any time by reaching the SELLER through the specified communication channels or by reaching legally through the same channels or by using the right to refuse in electronic communications sent to them. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; furthermore, if they wish, information other than those legally required to be retained and/or possible will be deleted from the data recording system or anonymized in a way that their identity cannot be determined. If the BUYER wishes, they can always apply to the SELLER through the above communication channels and obtain information on matters such as the processing of their personal data, the persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them by analyzing automatically, and compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to them.
8.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision, and partial/complete use; excluding those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, and payment method of the product subject to the contract on the SELLER's website, and have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the address to be provided by the SELLER to the BUYER, the basic characteristics of the products ordered, the prices of the products including taxes, and the payment and delivery information, before the distance sales contract is established.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract complete, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and information and documents required by the work, to perform the work solidly, in accordance with standards, free from all defects, in accordance with legal regulations, and within the principles of accuracy and honesty, to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that the SELLER's obligation to deliver the product subject to the Contract will cease if the price of the product subject to the Contract is not paid for any reason and/or is canceled in the bank records.
9.7. The BUYER accepts, declares, and undertakes that, after the delivery of the product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the Contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the contract within the due period due to force majeure events such as circumstances that develop beyond the will of the parties, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent one if available, and/or the postponement of the delivery period until the hindering situation is eliminated. In case the order is canceled by the BUYER, for payments made by cash, the product amount is paid to them in cash and in one lump sum within 14 days. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account can take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through mail, e-mail, SMS, phone calls, and other means, using the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed towards them.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not accept damaged or defective goods/services from the cargo company, such as those that are dented, broken, or have torn packaging. Goods/services received will be deemed to be undamaged and sound. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will belong entirely and exclusively to the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes upon the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the services.
9.15. The SELLER's website may provide links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are placed for the convenience of the BUYER and do not endorse any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this contract shall be personally responsible, both criminally and legally, for such violation and shall indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore; in the event that this violation is brought before the law, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER, in the case of distance contracts related to the sale of goods, has the right to withdraw from the contract by rejecting the goods without any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the delivery date of the product to themselves or the person/organization at the address they indicated. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is mandatory to provide written notification to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product desired to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns for which invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is cut.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories if any.
d) The SELLER is obliged to refund the total amount and the documents obligating the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to take back the goods within a period of 20 days.
e) If there is a decrease in the value of the goods or the return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount falls below due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In accordance with the Regulation, the return of goods prepared according to the BUYER's request or express personal needs and not suitable for return, such as underwear bottoms, swimsuits and bikini bottoms, make-up products, disposable products, goods that are likely to deteriorate rapidly or expire, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except for those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, is not possible if their packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the expiry of the right of withdrawal period, in accordance with the Regulation.
For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must not be opened, tried, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that, in the event of default when making payments by credit card, they will pay interest within the framework of the credit card agreement with the cardholder bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER, and in all circumstances, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court in the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the Law.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this contract when they complete the payment for an order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that this contract has been read and accepted on the site before the order is placed.
SELLER:
BUYER:
DATE: