Distance Sales Agreement

1. PARTIES

This Agreement is signed between the following parties under the terms and conditions set forth below.

  1. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)

NAME- SURNAME: UZPER MEFRUŞAT
ADDRESS:  Gürpınar Mah. Gürpınar Cad. No:46 Beylikdüzü, Istanbul, Turkey

  1. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME:
ADDRESS:

By accepting this contract, the BUYER, if he approves the order subject to the contract, assumes the obligation to pay the order price and, if any, additional fees such as shipping fee, tax. and accepts in advance that it will be entered under this Agreement and that it has been informed about it.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms 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: Distance Contracts Regulation (RG: 27.11.2014/29188)

SERVICE: Any kind of work other than providing goods that is done or promised to be done in return for a fee or benefit. subject of the consumer transaction,

SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the person offering goods,

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-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 between SELLER and BUYER,

GOODS: Movable goods subject to shopping and software, audio, video prepared for use in electronic environment. and similar intangible goods.

3. SUBJECT

This Agreement regulates the 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 regarding the sale and delivery of the product with the characteristics and sales price specified below, which the BUYER ordered electronically through the SELLER's website.

The prices listed and announced on the site are the sales prices. The advertised prices and promises are valid until updated or changed. The prices advertised for a fixed period are valid until the end of the specified period.

4. SELLER INFORMATION

Ünvanı: UZPER MEFRUŞAT
Address:  Gürpınar Mah. Gürpınar Cad. No:46 Beylikdüzü, Istanbul, Turkey
Phone: +90 (507) 929 76 08
Fax: -
E-mail: info@uzpermobilya.com.tr

5. RECEIVER INFORMATION

Delivery Person
Delivery Address
Telephone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

1. The basic features (type, quantity, brand/model, color, number) of the product/products/Service are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. The campaign is valid until the date.

7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until updated and changed. The price announced for a period of timer is valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Ün Description

Quantity

Unit Price

Subtotal
(VAT Included)

Cargo Amount

Total : 

{{}}

Payment Method and Plan

Delivery Address

Delivery Person

Invoice Address

Order Date

Delivery Date

Delivery Method

7.4.  The shipping fee, which is the product shipping cost, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during order delivery.

9. GENERAL PROVISIONS

9.1. BUYER accepts, declares and undertakes that he/she has read and is informed about the basic characteristics, sales price and payment method of the product subject to the contract and preliminary information regarding delivery on the SELLER’s website and has given the necessary confirmation electronically. BUYER; ÖConfirming the Preliminary Information electronically, accepts, declares and undertakes that he/she has obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.

9.2. Each product subject to the contract shall be delivered to the BUYER or 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. is delivered to a person and/or organization. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. SELLER undertakes to deliver the product subject to the Contract complete, in accordance with the qualifications specified in the order and with warranty documents, user manuals, and necessary information and documents, if any, and free from any defects. As a company, we undertake to perform our work in accordance with the legal regulations, in a sound manner, in accordance with the standards, in accordance with the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to be cautious and foresighted. SELLER accepts, declares and undertakes to act with.

9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

9.5. SELLER may supply a different product of equal quality and price in the event that the fulfillment of the ordered product or service becomes impossible. If the company cannot fulfill its obligations, it must notify the consumer in writing within 3 days from the date of learning about this situation. and accepts, declares and undertakes to refund the total price to the BUYER within 14 days.  

9.6. BUYER, for the delivery of the product subject to the Agreement, will confirm this Agreement electronically, and in case the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER will not be able to deliver the product subject to the Agreement. accepts, declares and undertakes that the delivery obligation will end.

9.7. BUYER, If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER shall not be entitled to receive the contractual product; The SELLER accepts, declares and undertakes to return the product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.

9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the period due to force majeure events that occur beyond the will of the parties, cannot be foreseen in advance and prevents and/or delays the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER that the order be canceled, the product subject to the contract be replaced with a similar one, if any, and/or the delivery period be postponed until the impeding situation is eliminated. In the event that the order is canceled by the BUYER, in payments made by the BUYER in cash, the product price shall be paid to the BUYER in cash and in a lump sum within 14 days. In payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is canceled by the BUYER. 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 by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after it is refunded to the bank is entirely related to the bank transaction process, BUYER cannot hold the SELLER responsible for possible delays.

9.9. SELLER has the right to reach BUYER via letter, e-mail, SMS, phone call and other means of communication, marketing, notification and other purposes via the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by him/her later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities specified above.

9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; they shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity 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 him/her. The order will be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER while registering to the SELLER's website is true and that the SELLER will compensate all damages it may suffer due to the untrue nature of this information immediately, in cash and in one go upon the first notification of the SELLER.

9.13. BUYER, SELLER’ accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website belonging to ;. Otherwise, all legal and penal liabilities that may arise will be completely and exclusively binding on the BUYER.

9.14. The BUYER may not use the website belonging to SELLER in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

9.15. The SELLER’s website may contain links to other websites and/or other content that are not under the control of the SELLER and/or are owned and/or operated by third parties. These links are placed for the purpose of providing ease of navigation for the BUYER and do not support any website or the person operating that website and do not carry any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for this violation in penal and legal terms and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; If the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. BUYER; If the distance contract is related to the sale of goods, the seller may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER, within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she has indicated. In distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.  By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a registered letter with return receipt must be sent to the SELLER within 14 (fourteen) days. written notification must be made by mail, fax or e-mail and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. In case of use of this right, 

a) 3rd party or BUYER’ or the invoice of the delivered product, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, together with their boxes, packaging, and standard accessories, if any.

d) SELLER, within the latest period following the receipt of the notice of withdrawal; Within 10 days, the BUYER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER and to take back the goods within 20 days.

e) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for its damages to the extent of its fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the proper use of the goods or product during the right of withdrawal period. 

f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, will the discount used within the scope of the campaign bethe order will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared in accordance with the BUYER’s request or clearly personal needs and which cannot be returned, clothing bottoms, swimsuits and bikini bottoms, make-up materials, single-use products, goods that are in danger of deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated due to their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or According to the Regulation, it is not possible to return image records, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, according to the Regulation, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period.

Cosmetic and personal care products, clothing products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) can be returned if their packaging is unopened, untested, undamaged and unused.





12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER, in the event that he/she makes the payment transactions by credit card, falls into default; in this case, the cardholder accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the bank and the cardholder and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees that will arise from the BUYER and in any case, in the event that the BUYER falls into default due to its debt, the BUYER accepts, declares and undertakes that it will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.

13. AUTHORIZED COURT

Complaints and objections in disputes arising from this contract, will be submitted to the consumer problems arbitration board or consumer court in the place where the consumer's residence is located or where the consumer transaction was made, within the monetary limits specified in the following law. Information on the monetary limit is as follows: 

To be effective as of 28/05/2014:

a) In accordance with Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes with a value of less than 2,000.00 (two thousand) TL, to the district consumer arbitration committees,

b) In disputes with a value of 3,000.00 (three thousand) TL, <50,000 TL, the provincial consumer arbitration committees are appealed to.

c) In the provinces with metropolitan status, the provincial consumer arbitration committees are appealed to for the disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.

14. ENFORCEMENT

BUYER is deemed to have accepted all terms of this agreement when he/she makes the payment for the order placed through the Site. SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.

SELLER: UZPER MEFRUŞAT

BUYER: 

DATE:

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