DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
1.1.‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
NAME/SURNAME/TITLE : $…………………………………………………………………..$
ADDRESS : $…………………………………………………………………………..$
PHONE : $…………………………………………………………………………..$
EMAIL : $…………………………………………………………………………..$
TAX NUMBER : $…………………………………………………………………………..$
1.2.‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)
TITLE : Do You Use Consumer Products Ind. A.Ş.
ADDRESS : Alkent 2000 Mah. Hadımköy Yolu Cad. Demir La Vida Evleri B Blok No: 149/1 B Atlas 10-11-12 Numara Büyükçekmece / İSTANBUL
PHONE : 0212 875 45 45
MERSİS NUMBER : ………………...
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, if any, and that he/she has been informed about this.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the one offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT : This contract concluded between the SELLER and the BUYER,
GOODS : It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
3. SUBJECT AND SCOPE OF THE CONTRACT
The subject of this contract is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts and all other legal regulations and practices regarding the purchase/sale and delivery of the product/s with the characteristics and sales price specified below, which the BUYER ordered electronically from the doyouuse.com website belonging to the SELLER.
4. BASIC QUALITIES AND PRICE OF THE PRODUCT AND SERVICE SUBJECT TO THE CONTRACT
4.1 Name, quantity, sales price including VAT, payment method and basic qualities of the goods or services subject to the contract
The basic characteristics (type, quantity, brand/model, color, number) of the Goods/Products/Products/Services are published on the SELLER's website. If a campaign is organized by the seller, the basic features of the relevant product can be examined during the campaign period.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced for a certain period are valid until the end of the specified period.
The sales price of the goods or services subject to the contract, including all taxes, is shown below.
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Product Code and Name
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Piece
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Unit Price
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Unit Discount
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Coupon
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Point
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Total Sales Amount
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Maturity Difference
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Total Amount Including VAT
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$………Product Description Auto……..$
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$…product number o..$
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$…Unit Price aut..$
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$…VAT Included Auto $
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Without maturity
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$…VAT Included Auto $
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The advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
Payment Method and Plan : $…………………………………………………………………..$
Delivery Address : $…………………………………………………………………………..$
Delivery Person : $…………………………………………………………………………..$
Invoice Address : $…………………………………………………………………………..$
Order Date : $…………………………………………………………………………..$
Delivery Date : $…………………………………………………………………………..$
Delivery Method : $…………………………………………………………………..$
4.2 Payment Method: $Credit Card Transaction$
The order summary page contains information on how many installments the order total will be paid in.
Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
4.3- On the other hand, since the sales on credit are made only with credit cards belonging to Banks, the CONSUMER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the CONSUMER in accordance with the provisions of the current legislation. In addition, since the credit sales opportunity is provided by the Banks only to the CONSUMER who is a Bank Customer, the CONSUMER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the Instant/Distance Shopping Credit agreement between the Bank and the CONSUMER in accordance with the provisions of the current legislation. Providing credit and creating your detailed payment plan are at the initiative of your Bank.
4.4 - Return Procedure:
In cases where the CONSUMER exercises his/her right of withdrawal or in cases where the product in question cannot be supplied for various reasons or where the arbitration board decides to refund the price to the CONSUMER, the return procedure regarding the payment options is stated below:
a) Return Procedure for Credit Card Payment Options
If the purchase is made by credit card and in installments, the Bank makes the refund to the CONSUMER in installments, regardless of the installment in which the CONSUMER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the CONSUMER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the refund date and the card's account closing dates do not coincide, will be reflected on the card as 1 (one) refund each month and the CONSUMER will receive the installments paid before the refund for an additional month after the installments of the sale are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
In the event of a return of goods and services purchased with the card, the SELLER cannot make a cash payment to the CONSUMER in accordance with the contract it has made with the Bank. In the event of a return transaction, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, no cash payment can be made to the CONSUMER in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the amount to the Bank in a single payment.
The CONSUMER accepts and undertakes that they have read and accepted this procedure.
b) Refund Procedure in Money Order/EFT Payment Options
The refund will be made by bank transfer and EFT to the account specified by the CONSUMER by requesting the bank account information (the account must be in the name of the person at the billing address or in the name of the user member).
The SELLER pays the entire product price back to the bank in one go.
In case of return of goods and services purchased via Money Order/EFT, the SELLER cannot make cash payments to the CONSUMER due to the contract it has made with the Bank. In case of a return transaction, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, no cash payment can be made to the CONSUMER according to the procedure we have explained above.
The CONSUMER accepts and undertakes that it has read and accepted this procedure.
c) Return Procedure for Payment Options with Shopping Credit
The return will be made by bank transfer or EFT to the account specified by the CONSUMER by requesting the bank account information from the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).
The SELLER pays the entire product price back to the bank in one go.
In the case of the return of goods and services purchased via credit, the SELLER cannot make cash payments to the CONSUMER due to the contract it has made with the Bank. In the event of a return transaction, the SELLER will make the return through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, no cash payment can be made to the CONSUMER according to the procedure we have explained above.
The CONSUMER accepts and undertakes that it has read and accepted this procedure.
5. DELIVERY AND PERFORMANCE OF THE GOODS
The contract has entered into force by being approved electronically by the Buyer and is executed by the delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address and authorized person/persons specified in the Buyer's order form and in this Contract.
6. DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the Buyer. If the Seller has declared on its website that the delivery fee of those who shop above the amount it has declared will be covered by itself, the delivery cost belongs to the Seller. Delivery is made as soon as possible after the stock is available and the price of the goods is transferred to the Seller's account. The Seller delivers the goods/services within 30 (thirty) days from the order. If the price of the goods/services is not paid for any reason or is canceled in the bank records, the Seller is deemed to have been released from the obligation to deliver the goods/services.
After the Goods are shipped by the Seller but before they are received by the Buyer, the Buyer is responsible for the shipping cost.
7. DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method of the Goods/Services subject to the Contract on the Website, as well as the delivery and shipping cost, and has made the necessary confirmation electronically. Buyers may send their requests and complaints as Consumers to the Seller's contact information provided above and/or through the channels provided by the Website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address that should be given to the Buyer by the Seller before the conclusion of distance contracts, the basic characteristics of the Goods/Services ordered, the price of the Goods/Services including taxes, payment and delivery and delivery price information correctly and completely. The Buyer is not allowed to examine the Goods/Services subject to the Contract before receiving them; If the Buyer receives the damaged and defective Goods/Services from the cargo company, such as those that are damaged, broken, torn in packaging, etc., the responsibility belongs entirely to him/her. The Goods/Services received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Services and any damages belong to the Buyer. If the relevant bank or financial institution does not pay the price of the Goods/Services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to him/her. In this case, the delivery expenses belong to the Buyer.
8. SELLER'S DECLARATIONS AND COMMITMENTS
The Seller is responsible for the delivery of the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the Contract within the due date due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer within 3 (three) days from the date it learns of the situation. If the Goods/Services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to whom the delivery is made.
9.RIGHT OF WITHDRAWAL
The Buyer may return the purchased Goods/Services by exercising the right of withdrawal within 14 (fourteen) days from the delivery date without assuming any legal or criminal liability and without giving any justification. The right of withdrawal notification and other notifications regarding the Agreement will be sent through the communication channels belonging to the Seller and/or specified on the Website. In order to exercise the right of withdrawal, it is required to notify the Seller in due time in accordance with the provisions of the legislation and the right of withdrawal usage option on the Website. In case of exercise of the right of withdrawal:
a) The Buyer shall return the Goods to the Seller within 10 (ten) days from exercising the right of withdrawal. b) The Goods box, packaging, standard accessories, if any, and other products gifted with the Goods, if any, to be returned within the scope of the right of withdrawal must be returned complete and undamaged. The price of the Goods shall be returned to the Buyer in the same manner as paid within 14 (fourteen) days following the exercise of the right of withdrawal. When returning the Goods to the Seller, the original invoice presented to the Buyer during the delivery of the Goods must also be returned by the Buyer.
As long as the Buyer sends the Goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary information form, the return cargo cost belongs to the Seller. If the Buyer sends the Goods to be returned with a cargo company other than the Seller's contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return cargo cost and damage to the Goods during the cargo process.
10. CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used 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 (Products in the category of jewelry, gold and silver) b) Contracts regarding the delivery of goods that are prepared in line with the consumer's requests or clearly in line with his/her personal needs, are not suitable for return due to their nature and are in danger of rapid deterioration or have a possible expiration date
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene
d) In contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature
e) In contracts regarding books, sound or image recordings, software programs and computer consumables provided that the protective elements such as packaging, tape, seal, package are opened by the consumer
f) In contracts regarding the delivery of periodical publications such as newspapers and magazines other than those provided within the scope of subscription contracts
g) In contracts regarding accommodation, goods transportation, car rental, food and beverage supply and evaluation of free time for entertainment or resting purposes that must be made on a certain date or period
h) In contracts regarding the performance of services related to betting and lottery
ı) In contracts regarding services that are started to be performed with the approval of the consumer before the expiration of the right of withdrawal period
i) In contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer and in cases where the Goods/Services subject to the contract are excluded from the scope of application of the Distance Contracts Regulation (food, beverages or other daily consumption items delivered to the buyer's home with regular deliveries of the seller and services in the fields of travel, accommodation, restaurant, entertainment sector)
If the goods/services consist of the types of goods/services, the right of withdrawal cannot be used due to the inapplicability of the provisions of the Distance Contracts Regulation to the legal relationship between the Buyer and the Seller. The cancellation and return conditions of such goods/services offered for sale in the holiday category are subject to the Seller's practices and rules.
11. SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS RELATED RULES
The privacy rules-policy and conditions specified below are valid for the protection, confidentiality, processing-use and communications of information on the WEBSITE and other issues.
11.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.
11.2. The information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties/organizations to be determined by them for the provision of various products/services and all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER consents and allows its current and new personal and non-personal information to be used, shared, processed and to be made commercial and non-commercial electronic communications and other communications to be made to it within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation.
11.3. BUYER may reach SELLER through the specified communication channels and stop data usage-processing and/or communications at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if he wishes, contact SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of his personal data, 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 the emergence of a result against him by means of analysis with automatic systems, and compensation in case of damages due to unlawful processing of data. Applications and requests regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
11.4. All intellectual and industrial rights and property rights regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; except those belonging to other third parties according to the agreement of the SELLER; belong to the SELLER.
11.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be valid from the moment they are announced by the SELLER on the WEBSITE or other appropriate methods.
11.6. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.
12.GENERAL PROVISIONS
12.1. The Product subject to the contract shall be delivered to the BUYER or the third person/organization at the address indicated on the WEBSITE in accordance with the principles specified below, provided that the legal 30-day period is not exceeded.
The SELLER sends and delivers the Products through a contracted cargo company for its shipments. If this cargo company does not have a branch in the BUYER's location, the BUYER must receive the Product from another branch of the cargo company notified by the SELLER.
Products in stock shall be delivered to the cargo company within three (3) business days at the latest from the date of order. However, if there are campaign Products in the same order, the campaign shall end and then, within 3 (three) business days at the latest, all Products subject to the order shall be given to the cargo company to be delivered to the person and address notified by the CONSUMER during the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, although this varies depending on the distance.
12.2 In general, and unless otherwise explicitly stated, delivery costs (shipping costs, etc.) are the responsibility of the BUYER. Depending on the campaigns it conducts at the time of sale and the terms of which it announces on the WEBSITE, the SELLER may not reflect all or part of the delivery costs to the BUYER.
12.3. If the BUYER is not present at the address at the time of delivery of the products and the persons 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 follow up on the shipment of the products. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible if the person/institution to be delivered is not present at the address or does not accept the delivery.
In such cases, all kinds of damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the cargo being returned to the SELLER shall be borne by the BUYER.
12.4. The BUYER is responsible for checking the Product upon receipt and, if it sees a problem with the Product caused by the cargo, not accepting the Product and having the cargo company official draw up a report. Otherwise, the SELLER shall not assume any liability.
12.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
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 Product price to the SELLER or requests the amount paid back, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the BUYER, the shipping costs shall be covered by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to pursue the Product price without accepting the return, separately and in any case.
For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc. that it has from banks (including financial institutions), all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales that occur within this framework and for which the SELLER collects the price in a lump sum or gradually are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases deemed to be installment sales by law (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest is applied at a monthly rate as stipulated by the applicable laws.
12.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.
12.7. If the SELLER is found to be unable to supply the Product subject to the Contract, it may supply another good/service of equal quality and price, provided that it clearly informs the BUYER within three (3) days from the date it learns of this situation in a legal manner and obtains its verbal/written approval, and is deemed to have fulfilled its commitment subject to the Contract. The BUYER is free to give or not give the said approval in all respects, and in cases where it does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.
12.8. In case of order cancellations and terminations of the Contract, including withdrawals in accordance with the Contract-Law, if the Product price has been collected, it shall be returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The return shall be made in accordance with the payment method used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund process is also made by returning it to the BUYER's credit card and the Product amount is returned to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after the refund process is made by the SELLER to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility for possible delays.
The SELLER has and reserves the rights of offset, discount and deduction arising from this Agreement and the law for the amount to be returned. The BUYER's legal rights regarding the cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligations are also reserved and available.
12.9. The BUYER may notify the SELLER of its demands and complaints regarding the Product and sales verbally or in writing by reaching the SELLER's communication channels in the introduction section of the Agreement.
12.10. Since they are sent to the e-mail address (mail) provided by the BUYER after acceptance, the BUYER can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his device. On the other hand, they are kept in the systems of the SELLER for a period of three years.
12.11. In the resolution of any dispute that may arise from this Agreement and/or its implementation, the SELLER records (including magnetic records such as computer-voice recordings) constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
13.AUTHORIZED COURT
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the SELLER's place of residence.
14.EFFECTIVENESS
This agreement and the annexes referred to in the agreement and which are an integral part of the agreement, as well as the rules and conditions on the "Internet site", have been executed electronically and entered into force upon the electronic approval of the Buyer. “The invalidity, non-conformity to the legislation or non-enforceability of any provision of the Distance Sales Contract will not affect the validity of the remaining provisions of the contract.
The Buyer is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site.
SELLER: Do You Use Tüketim Ürünleri San. A.Ş.
BUYER(""CONSUMER""): $…………………………………………………………………..$
Date: $…………………………………………………………………..$