Distance Selling Agreement
DISTANCE SALES CONTRACT
1. PARTIES
SALES PERSON
Name Surname/Title:
Full Address:
Telephone :
Mersis Number:
E-Mail:
(Shortly referred to as "Seller" in this Agreement)
BUYER
Name Surname/Title:
Delivery Address:
Billing Address:
Email:
Telephone :
2. SUBJECT OF THE CONVENTION
2.1. The subject of this Distance Sales Agreement ("Agreement") is the Buyer's request to the Seller about the type/name, quantity, sales price, delivery price via the website https:// https://www.nartehome.com.tr. It is about determining the rights and obligations of the Parties in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation and other relevant legal regulations regarding the sale and delivery of the Product ordered by the Seller to the Buyer by determining the payment method.
2.2. Buyer, Seller's name, title, full address, telephone and other access information, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He/she accepts and declares within the scope of the provisions of this Agreement that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner regarding all preliminary information regarding the product subject to sale and the exercise of the right of withdrawal, that he/she has approved this preliminary information electronically and subsequently purchased the product electronically. The preliminary information form on the website https://www.nartehome.com.tr/ and the invoice containing the fees for the products/services to be sent on behalf of the Buyer are an integral part of this agreement.
3. CONTRACT PRODUCT, PAYMENT AND DELIVERY
3.1. The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows.
Product Brand Product Name Product Quantity Product Price
Person to be Delivered [*]
Delivery Address [*]
Billing Address [*]
3.2. The person to be invoiced and the person making the contract must be the same. The Buyer accepts that the information provided is correct. The Buyer accepts, declares and undertakes all kinds of responsibilities that may arise due to this situation, including fully covering the damages that may arise from situations where the information given is not correct or incomplete. Delivery costs (shipping fee, etc.) belong to the Buyer. The Seller may not reflect all or part of the delivery costs to the Buyer within the framework of the campaign for the product, the terms of which are announced on the website, if any.
3.3. Products are products published on the website and purchased by the Buyer by placing an order. All information about the product, including the type, type, quantity, model, brand and quantity of the products, as well as the sales price, including VAT, and the payment method will consist of the information at the time the order is finalized in line with the Buyer's requests. The qualification and total sales amount, including VAT, of each product subject to the contract are stated next to the product images. The Seller reserves the right to unilaterally change any content (including price, visual elements and other information) published on the website with the extension https://www.nartehome.com.tr// without notice.
3.4. Buyer shall comply with Article 3.1 of the Agreement. He declares that he has read and informed all the preliminary information regarding the basic characteristics of the product or products subject to the Agreement, the sales price and payment method and delivery specified in the article and that he has given the necessary confirmation electronically, thus accepting this Agreement.
3.5. All contact information on the website is accurate and up-to-date, and the Buyer will communicate directly with the Seller through this information. The Buyer is also obliged to provide accurate and complete contact information and information about the products he wants to purchase and to comply with the provisions of this Agreement. The Buyer declares that all the information given to the Seller regarding the order is correct and complete, that the Seller can contact him through this information when necessary, and that the Seller will not be responsible for the failure or late delivery of the ordered product(s) due to incorrect information. and accepts.
3.6. The buyer is obliged to check the product upon receipt and, if the product is defective, to immediately report the defect. If the product is defective, the Buyer; (i) withdrawing from the contract by declaring that it is ready to return the sold item, (ii) keeping the sold item and requesting a discount from the sales price in proportion to the defect, (iii) requesting the free repair of the sold item, all expenses at the Seller's expense, unless it requires an excessive expense, (iv) possible If available, they have the right to request that the sold item be replaced with a non-defective one. The buyer has the exclusive authority to exercise one of these optional rights in case the goods are defective.
3.7. The buyer must report any damage resulting from any transportation-related defects at the time of delivery.
3.8. The seller will evaluate the orders placed during working hours (every day between …………. - ………….) during the day. Orders received after …………. time will be processed within working hours on the following business day.
3.9. After the order placed by the Buyer is successfully completed and the fee determined by the Seller for the product/products is paid by credit card of contracted banks, the Seller will send a notification to the e-mail address specified by the Buyer when registering on the website, informing that the order process has been completed. will send an e-mail message.
3.10. The Seller will ship the order placed by the Buyer on the website within 3 (three) to 5 (five) business days after the Seller's approval, to be sent to the address specified by the Buyer. In cases where the Buyer requests the product(s) to be sent to more than one address with a single order (in short, "multiple address shipping"), the Buyer will be charged a separate shipping fee for each address. Shipping costs will be covered by the Buyer. The Seller is not responsible for any delays that may occur in the delivery of my product due to reasons caused by the cargo company. If the Buyer requests the product to be delivered to another person or organization other than himself, the Seller will not be responsible for the person or organization to be delivered not accepting the delivery and therefore any delays in delivery.
3.11. The buyer is obliged to open and check the packages in front of the cargo company representative when receiving the packages that he thinks are damaged during transportation, and if there is any defect in the product, he is obliged to not accept the product by keeping a report with the cargo company. If the product is not accepted and a report is kept, the Buyer is obliged to notify the Seller within 3 (three) days, along with the remaining copy of the report, and is obliged to notify the Seller within 3 (three) days of the Agreement. may use one of the optional rights specified in the article. Once the product is received by the Buyer, it is deemed that the cargo company has performed its duty properly.
3.12. The Seller is responsible for the delivery of the products subject to the contract completely and in accordance with the qualifications specified in the order. For the delivery of the product subject to the contract, the price of the product must be paid to the Seller. If the product price is not paid to the Seller for any reason, the Seller has no obligation to deliver the product to the Buyer. Payments can only be made with credit cards from contracted banks. If the payment is made by credit card or a similar payment card, after the delivery of the product, the bank or financial institution does not pay the order price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons without the Buyer's consent. Provided that it has been delivered to the Buyer, the Buyer will return the product to the Seller within 3 days without any damage or pay the order price. If the product is sent back, shipping costs belong to the Buyer.
3.13. Returns should be made by the Buyer to the Seller's address below:
Address:
Telephone :
3.14. The Buyer declares that he/she consents to the sending of commercial electronic messages by the Seller to the e-mail address declared by the Buyer within the scope of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE BUYER AND SELLER
4.1. The Buyer and the Seller accept and undertake to fully fulfill the obligations imposed on them in the Contract in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, except for force majeure.
4.2. People under the age of 18 cannot shop on the website with the extension https://www.nartehome.com.tr/. By confirming this Agreement electronically, the Buyer confirms that he is over 18 years of age. The Seller will assume that the age stated by the Buyer is correct, and the Seller will not be held responsible in any way if the Buyer writes the age incorrectly.
4.3. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions of this Agreement and will make the payment in accordance with the payment method specified in the Agreement.
4.4. The Buyer can view the Seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery, from the website with the extension https://www.nartehome.com.tr/. conditions and costs etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subjects and that he confirms this preliminary information electronically.
4.5. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
4.6. The Seller is not responsible for price inaccuracies caused by system errors. The seller is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The Buyer cannot make a claim against the Seller based on system errors.
5. CONTRACT DATE
The contract date is the date on which the order is placed by the Buyer.
6. RIGHT OF WITHDRAWAL AND EXCEPTIONS
6.1. In accordance with Article 15 of the Distance Contracts Regulation No. 29188, products prepared in line with the Buyer's wishes or personal needs, products that are perishable or may expire quickly, and products whose protective elements such as packaging, tape, seal, package have been opened after delivery, cannot be returned due to health and safety reasons. The right of withdrawal cannot be used for those that are not suitable for hygiene. For products other than the listed products, the original packaging of which is not damaged, unused, or damaged as a result of usage error, the Buyer shall, in accordance with the Law on Consumer Protection No. 6502, from the day the order is delivered to the Buyer or to the third party determined by the Buyer, if they are subject to a single order and are separately different. For goods delivered to addresses, the consumer may exercise his right of withdrawal within 14 (fourteen) days from the day on which the last delivered product(s) are delivered to the Buyer or to the third party designated by the Buyer. Returns of opened, used or damaged products are not accepted. In order to exercise the right of withdrawal, the product/products must be returned in the same condition as they were delivered to the Buyer. If any deterioration, opening, breakage, tearing, lack of accessories or other conditions are detected in the purchased product(s) or product packaging, the return of the product(s) will not be accepted.
6.2. The Buyer who wishes to exercise his right of withdrawal must deliver the product(s) together with the original invoice to the Seller via contracted cargo companies. The product should be placed in a protective packaging and the cargo company's label should not be on the product packaging. Deformation in the product's packaging is among the situations that prevent the product from being resold. Returns of products that do not meet the conditions specified here are strictly not accepted.
6.3. Upon exercise of the right of withdrawal, an information message will be sent to the Buyer when the returned product(s) are received by the Seller officials. The amount paid will be refunded to the Buyer's credit card within 7 (seven) business days following the receipt of the information message to the Buyer.
7. BUYER'S DEFAULT
If the buyer defaults in his credit card transactions, the cardholder will be liable to the bank by paying interest within the scope of the credit card agreement made with the bank. In this case, the relevant bank is authorized to take legal action and demand the expenses and attorney fees incurred from the Buyer. In any case, in case of default due to its debt, the Buyer accepts, declares and undertakes to pay the Seller's losses and damages due to the delayed performance of the debt, upon the Seller's first written request.
8. FORCE MAJEURE
Any situation that did not exist or was not foreseen at the time the Contract was signed and that developed beyond the control of the Buyer and the Seller, and which, upon its emergence, will prevent the Buyer and/or the Seller from partially or completely fulfilling their obligations and responsibilities under the Contract, or from fulfilling them on time. Situations that make it impossible will be considered as force majeure (Natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
9. RESPONSIBILITY
The Seller has no liability in case its obligations in the Contract cannot be fulfilled due to Force Majeure Events or other reasons that are not objectively caused by its own fault.
10. COMMUNICATION
For all questions regarding the order, customer services can be contacted by phone at ………………………….. or e-mail address …………………………..
11. EVIDENCE CONTRACT
The Buyer accepts that the Seller's official books and commercial records, electronic information kept in its database and servers, computer and voice recordings will constitute evidence in any dispute that may arise from the Contract, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure. It does.
12. SETTLEMENT OF DISPUTES
This Agreement is subject to the Laws of the Republic of Turkey. The Parties have agreed that in disputes arising from the Contract, the Consumer Arbitration Committees located at the registered address of the Buyer and the Seller will be authorized within the monetary limits determined within the framework of the legislation, and in disputes exceeding the monetary limits, the Consumer Courts and Enforcement Offices located in the location of the Buyer and the Seller will be authorized.
For cases not included in this Agreement, action is taken in accordance with the provisions of the Law on the Protection of Consumers No. 6502, the Law on the Regulation of Electronic Commerce No. 6563 and its relevant legislation and general provisions.