Distance Sales Contract
1. SUBJECT
This Distance Selling Contract (hereinafter referred to as the "Contract") is the contract of the Buyer* ("BUYER") that regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the products/services ("Product/Products") stated below, that the BUYER wishes to purchase by ordering through the electronic commerce website ("WEBSITE") of the SELLER
and other matters. The subject of this Contact is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the Seller ordered electronically from the website. After the BUYER confirms this contract on the WEBSITE, the price and expenses of the Product(s) he ordered will be collected via the payment method he chose.
*If the buyer is a real or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Contract is issued on behalf of the buyer acting for commercial or professional purposes, the buyer cannot benefit from the provisions and consumer rights intended to grant special rights and opportunities to consumers regulated in this Contract and the law.
2. Parties
This Contract has been concluded between the parties listed below.
SELLER : Soketsan Cable Equipment Incorporated Company
MERSIS NO: 0772133225700001
Address : Bahçekapi Mahallesi, 2500 Cad., No: 13/11-14, Etimesgut – Ankara
Telephone : 0 312 503 05 62
Fax: 176 123 45 67
E-mail : info@soketsan.com.tr
Buyer Information:
Name/Surname/Title:
Address:
Telephone:
Fax:
E-mail:
3. Product Details
3.1. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
3.2. The type, quantity, brand/model, color, quantity, sales price including all taxes, and payment method of the Product(s) subject to the contract are as stated below.
3.2.1 Product Details
PRODUCT DESCRIPTION UNIT CASH PRICE SUBTOTAL
[Product Details]
- Model
- Color
Cargo Price
3.2.2 Delivery and Billing Information
Payment Method and Plan:
Delivery Address:
To be delivered to:
Receipt Address:
3.3. The shipping fee, which is the cost of shipping the product (unless an announcement or notification is made to the contrary), and any additional fees such as any other taxes, duties, etc., will be paid by the SELLER and the BUYER.
4. GENERAL PROVISIONS
4.1. The Product subject to the contract is delivered to the BUYER or to the third party/organization at the address indicated on the WEBSITE, on the basis specified below, depending on the distance of the settlements, provided that the legal 30-day period is not exceeded. SELLER sends and delivers the Products through the contracted cargo company. If the Seller does not fulfill its obligation within the legal period of 30 days, the Buyer may terminate the Contract. If the cargo company does not have a branch in the BUYER's location, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER.
4.2. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.3. SELLER accepts, declares and undertakes to deliver the product subject to the contract, in accordance with the qualifications specified in the order placed by the Buyer and free from any defects, in accordance with the requirements of the legislation and in accordance with the standards, to deliver it with warranty documents and user manuals, if any, and to act with caution and foresight to show the necessary care and attention during the performance of the work
4.4. In general and unless stated otherwise, delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the campaigns it runs at the time of sale and whose terms are announced on the Site.
4.5. If, for any reason, the Buyer does not pay the entire price of the Product subject to the Contract in cash sales or the due installment in installment sales, or if the payment of the relevant price is canceled by the bank or relevant financial institution, the Seller's delivery obligation will end. If, for any reason, after the delivery of the PRODUCT, the bank/financial institution to which the credit card was used does not pay the price of the PRODUCT to the SELLER, the PRODUCT will be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual and legal rights of the SELLER, including tracking the receivables for the PRODUCT price, are reserved separately and in all cases.
4.6. If the BUYER is not personally present at the address at the time of delivery of the products and the people at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receiving of the Product and the expenses incurred due to the Product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
4.7. Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the BUYER is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the BUYER or, if the BUYER wishes and chooses, another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.
4.8. BUYER is responsible for checking the PRODUCT upon receiving and if he sees a problem with the PRODUCT caused by the cargo, he is responsible for not accepting the PRODUCT and for making a report about the CARGO company’s official. Otherwise, the SELLER will not hold responsibility.
4.9. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as weather conditions, earthquake, flood, fire) other than normal sales conditions and the delay exceeds 10 days, the SELLER must inform the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary circumstance. If the PRODUCT price has been collected in order and the BUYER cancels the order, the payment will be refunded to the BUYER within 10 days from the cancellation. For credit card payments, the refund is made by refunding the BUYER's credit card.
4.10. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will have 3 days to send the product to the seller, provided that it has been delivered to him/her. In this case, shipping costs belong to the BUYER.
4.11. If you have a complaint about your order and/or the product(s) subject to your
orders and/or any issue related to your order, you can forward your complaints
to the SELLER via the contact information specified above or via the contact
information specified on the website https://www.soketsan.com.tr/. Your
complaints will be recorded immediately, they will be evaluated and resolved by
the authorized units and you will be contacted as soon as possible.
5. RIGHT OF WITHDRAWAL
5.1. The buyer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The right of withdrawal period begins on the day the Buyer, or the third party designated by the Buyer receives the goods. However, the Buyer may exercise his right of withdrawal within the period from the establishment of the Contract until the delivery of the goods. On the other hand, products that are not ready-to-measure products but are cut according to the meter requested by the BUYER cannot be returned and the right of withdrawal cannot be exercised for these products, as they lose their capability of being resold. However, it is an exception if there is a manufacturing and/or cutting error in the product subject to sale.
5.2. In case the right of withdrawal is exercised by the Buyer, the Buyer may fill out the Withdrawal Form attached to this Contract (Annex-1 Withdrawal Form) and send it to the Seller's address at Halaskargazi Mah. Şafak St. It must be sent in writing to Erler İş Merkezi No: 5-7 İç Kapı No:2 Şişli İstanbul or via ….
5.3. If the right of withdrawal is exercised by the BUYER, the BUYER is responsible for the changes and deteriorations that occur if the BUYER does not follow the proper operation, technical specifications and usage instructions of the goods within the withdrawal period. Accordingly, if there is any change or deterioration in the Product due to not being used in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the Product to be returned up to the change/deterioration.
5.4. In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (orally or in writing to the contact addresses specified above) within the legal 14-day period that he/she has exercised his/her right of withdrawal. If the right is exercised within the period, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER can send the Product from a branch within or outside the District, in which case the BUYER will not be charged. In this return process, the Product must be delivered whole and undamaged, including its box, packaging and standard accessories, if any.
5.5. If the BUYER is a real or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the contract is issued in the name of the BUYER acting for commercial or professional purposes, if the BUYER wishes to return the product, excluding consumer rights, the product must be sent with a return invoice upon returning. (In case the BUYER is a real or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes; the BUYER cannot benefit from the granted special rights and opportunities to consumers provisions and consumer rights regulated in this Contract and the law.
5.6. Provided that the above-mentioned requirements are met by the BUYER, within 14 days from the date of withdrawal notification to the SELLER, the Product price and, if any, the costs of delivering the Product to the BUYER will be refunded to the BUYER in accordance with the payment instrument used when purchasing the Product. BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and SELLER's rights and obligations from the BUYER, including contractual and legal collection-setoff rights, are also present and valid.
5.7. If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
5.8. Unless otherwise agreed by the parties, the right of withdrawal cannot be exercised by the Buyer in the following cases:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that are perishable or may expire quickly.
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene. (Due to hygiene conditions, product returns cannot be made on set and single bottom underwear, corsets, cosmetics, earrings, piercings, bikini bottoms and swimsuits, and socks whose packages are opened.)
e) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts regarding books, digital content and computer consumables offered in tangible form if the protective elements such as: packaging, tape, seals and packages, have been opened after the delivery of the goods.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription contract.
h) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation for the use of free time, which must be made on a certain date or period.
i) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.
k) Other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER purchases for commercial/professional purposes.
6. INFORMING THE BUYER
BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price and payment method and delivery on the Website, and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER accepts, declares and agrees that he/she has obtained the address that should be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely, before the establishment of the distance sales contract.
In addition to the Preliminary Information, the Buyer accepts, declares and undertakes that it has been informed in advance by the Seller regarding the following issues with this Contract:
i. Basic characteristics of the Product(s) subject to the contract,
ii. Seller's title and MERSIS Number
iii. Contact information of the Seller, such as full address, telephone number, e-mail address, which allows the Buyer to quickly contact the Seller,
iv. The total price of the Product(s) subject to the contract, including all taxes, additional costs arising from transportation and delivery.
v. Information regarding payment, delivery and performance,
vi. In cases where the right of withdrawal exists, information about the conditions, duration, procedure and carrier specified by the seller for the return of this right,
vii. Full address, fax number or e-mail information to which the withdrawal notification will be made,
viii. In cases where the right of withdrawal cannot be exercised in accordance with the Law No. 4077 on Consumer Protection and Article 15 of the Distance Contracts Regulation, information regarding the Buyer's loss of the right of withdrawal in these cases, or information regarding the circumstances in which the Buyer will lose the right of withdrawal,
ix. Information that consumers can apply for disputes to the Consumer Court or the Consumer Arbitration Committee.
7. PRIVACY AND PROTECTION OF PERSONAL DATA
7.1. Data which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698 such as name, surname, e-mail address identity number, financial data, legal transaction data, traffic information, etc. of the BUYER
* accepting orders, presenting products and services, developing products and services, solving systematical problems, carrying out payment, to be used in marketing activities for orders, products and services if prior approval is given, upon updating the information of the BUYER and for the purpose of managing and maintaining memberships and executing the distance sales contract and other contracts established between the BUYER and the SELLER and to ensure that the technical, logistic and other similar processes are carried out in the name of the SELLER to a third party, , the SELLER affiliates and third parties and/or organizations, if any comply with the legislation, during the stipulated periods, in cases where such a period is not foreseen, it can be recorded and kept in written/electronic archives, used, transferred and processed for the period required to achieve the specified purposes. For more detailed information about the protection of personal data, Eron E-Commerce Services Industry and trade Inc.
The Privacy Policy must be reviewed by the Buyer.
7.2. BUYER may contact the SELLER through the specified communication channels and request that data use, processing and/or communications be stopped at any time. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law can always contact the SELLER and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.
7.3. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
8. DISPUTE RESOLUTION
For disputes arising from the implementation of this Contract Consumer Arbitration Committees located in districts and provinces are responsible provided that they remain within the monetary limits updated by the Ministry of Commerce every year and subject to these limits, and in case the limits stipulated in the legislation are exceeded, consumer courts are responsible.