EKRU MODA DISTANCE SALES AGREEMENT
The subject of this Distance Sales Agreement composes the rights and obligations of the parties in accordance to the provisions of the Law on the Protection of Consumers numbered 6502 and Regulation on Distance Agreements (published on the Official Gazette on 27.11.2014 numbered 29188) related with the sales and delivery of the good(s) sold by the SELLER to the BUYER whose specifications and sales price are stated below. By accepting this preliminary information form, the BUYER accepts that s/he will be under the obligation to pay the price of the order and any additional fees such as courier fee and tax and that s/he has been informed about these.
Title : BADEMKAYA ELEKTRONİK SATIŞ A.Ş.
Address : Gültepe Mahallesi Tokgöz Sokak No:2/A Küçükçekmece / İstanbul
Telephone: +90 850 532 35 78
Email : firstname.lastname@example.org
3.1 The BUYER accepts, declares and undertakes that s/he has the information about the goods’ basic qualities of goods that are subject of the agreement, the price, payment method and delivery; that she has approved those electronically. By accepting this Preliminary Information Form, the Buyer accepts the basic qualities of the good(s) ordered, price including taxes, payment method and delivery information and declares that the information s/he has provided are accurate.
3.2 Each good related to the agreement will be delivered to the BUYER or to the addresses provided by the BUYER within 30 days.
3.3 The SELLER is responsible from the delivery of the goods/services that constitute subject matter of the Agreement in perfect and full operating condition, without any defects, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, if any.
3.4 The SELLER, before the end of his obligation to deliver the goods, may procure a different product at the same price and quality provided that the BUYER is informed and agreed.
3.5 In case the delivery of the order becomes impossible, the SELLER shall inform the BUYER within 3 days from the date of impossibility is known.
3.6 In case the payment of the goods are not paid for any reason and/or the payment is cancelled in bank records, the BUYER accepts that the SELLER’s obligation for delivery of the order terminates.
3.7 In case the BUYER is not present at the address of the delivery and person(s) at the address does not accept the delivery; the SELLER shall be deemed to fulfilled its obligation to deliver goods. In case nobody is present at the address to take the delivery, the BUYER is responsible to contact the relevant cargo company and to follow and collect the delivery of the goods. In case the order is to be delivered to a third person/establishment, the SELLER is not responsible for any absence of such person at the address or refusal of accepting the delivery.
Courier/Cargo Fee: TRY
5.1 In case the BUYER is in default, the BUYER accepts to compensate any loss or damage of the SELLER due to the delayed performance. In case the BUYER’s delay of performance is caused by the SELLER’s fault, the BUYER is not obliged to compensate any damage request of the SELLER.
6.RIGHT OF WITHDRAWAL
6.1 There is no right to return or change for abroad.
7.GOVERNING LAW AND JURISDICTION
7.1 Laws of Republic of Turkey will apply to any dispute arising out of this Preliminary Information Form and/or Distance Sales Agreement between the parties. The competent courts are Istanbul courts and Arbitration Committees for Consumers.
7.2 The BUYER may apply to arbitration committees or courts subject to the monetary values stipulated under the laws. As per the Law on the Protection of Consumers numbered 6502, the BUYER shall apply to:
7.2.1 District arbitration committees for consumers for disputes that are below TRY 4.000,
7.2.2 Province arbitration committees for consumers for disputes that are below TRY 6.000,
7.2.3 Metropolitan arbitration committees for consumers for disputes that are between TRY4.000 and 6.000.
8.1 MISCELLENOUS PROVISIONS
8.1 In case of any conflict between Turkish and English texts of this Preliminary Information Note and/or Distance Sales Agreement, the Turkish version shall prevail.