Distance Sales AgreementDISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
NAME- SURNAME:
ADDRESS:
NAME- SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against 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 (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or on behalf of the supplier,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: SELLER 's website,
ORDERING PERSON : The natural or legal person who requests a good or service through the website of the SELLER ,
PARTIES: SELLER and BUYER ,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
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 the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below , which the BUYER has placed an order electronically on the website of the SELLER .
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title : ZP TUNING
Address : MAVİKENT MAH. No. 135023 SK. 0 0 NO: 118 A INTERIOR DOOR NO:1
ŞAHİNBEY/ GAZİANTEP
Phone : 05363533378
Email : info @ tdichiptuning.com
5. BUYER INFORMATION
Delivery person
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name / Surname / Title
Address
Phone
Fax
Email/username
7. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER . If the campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are 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.
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Unit price |
Sub Total |
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Shipping Amount |
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Payment Method and Plan
Delivery address
Person to be delivered
Billing 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 . BILLING INFORMATION
Name / Surname / Title : ZP TUNING
Address MAVİKENT MAH. No. 135023 SK. 0 0 NO: 118 A İÇ KAPI NO: 1
ŞAHİNBEY / GAZİANTEP
Phone : 5363533378
Email : info @ tdichiptuning.com Invoice delivery : The invoice will be delivered to the billing address along with the order during the order delivery .
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER ; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER 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 accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER 's place of residence, provided that it does not exceed the legal period of 30 days . During this time, the buyer fails to be delivered, the recipient reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires .
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days .
9.6. The BUYER accepts, declares and undertakes that he /she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that the SELLER's obligation to deliver the product subject to the contract shall expire if the contractual product price is not paid and/or canceled in the bank records for any reason .
9.7. BUYER contract products to the buyer or the buyer's person at the address indicated and / or after the delivery of the organization recipient of the result of using unfair unauthorized of the credit card contract product costs by the relevant bank or financial institution to the seller in case of non-payment, the Purchaser Agreement subject merchandise It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER 's expense .
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties . The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed . In case the order is canceled by the BUYER , the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. The receiver is in his pay by credit card, the amount of product will be returned to the bank within 14 days after the order is canceled by the Purchaser. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank, and since the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes . By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER . If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. Is not the same person, the holder of the credit card is used when ordering with the receiver equipment, or the recipient prior to delivery, security, if it is determined to open for the credit cards used in order, dealer, identification and contact information for the credit card holder, the extraction of the previous month, the credit card used in order or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him . The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands 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 while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages due to the falseness of this information, upon the first notification of the SELLER , in cash and in full.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER . Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively .
9.14. The BUYER may not use the SELLER 's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities ( spam , virus , trojan horse, etc.) that prevent or make it difficult for others to use the services .
9.15. On the website of the SELLER , links may be given to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links recipient does not carry any guarantee qualification for the information it contains has been set in order to ensure ease of orientation is any web site or that site support and the people who run the Link website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. RECEIVER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER , he can use his right to withdraw from the contract by refusing the goods without any legal or criminal liability and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 ( fourteen ) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the 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 the box, packaging and standard accessories, if any.
d) SELLER total cost and at the latest within 10 days of receipt of his breach notification receiver under debt documents put the Purchaser is obliged to return and get a refund or to property within 20 days.
e) the Purchaser 's if for some reason the value of the property resulting from a reduction in defect rate RECEIVER If the seller or refund impossible defect ' s is liable to compensate for the losses. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Recipient's request, or clearly prepared in accordance with individual needs and not suitable to be returned, underwear sub-components, swimwear and bikini bottoms, cosmetics, disposable products, rapid deterioration of danger or that expired the possibility of the goods, the buyer delivery extradition of then, if unpacked by the Purchaser to be unsuitable in terms of health and hygiene products, after delivery mixed with other products of vedoğa the separation should not possible products, other than those provided under the subscription agreement, newspapers and goods related to periodicals such as magazines, which is carried out immediately in electronic form Services or intangible goods delivered immediately to the consumer , as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, packaging is not possible in accordance with the Regulation. In addition, before the expiry of the right of withdrawal , it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer , as per the Regulation .
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) and they must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The PURCHASER agrees, declares and undertakes that in the event that he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may take legal action; probable costs and power of attorney fees from the buyer can demand and in any case the recipient in case of default in the fall because of the debt, RECEIVER, due to the execution delayed the debt of the seller damage suffered and agree to pay the damages, and warrants
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is below:
Effective from 28/05/2021:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 ( two thousand ) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers ,
b) Value 3,000.00 ( three thousand ) US $ ' n disputes under provincial consumer arbitration,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 ( two thousand ) TL and 3,000,00 ( three thousand ) TL.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled .
