DISTANT SALES AGREEMENT
1. PARTIES
The Parties below have accepted, declared and committed to this AGREEMENT and the following terms and conditions. The Parties will hereinafter be collectively referred to as the "Parties" and each separately as the "Party".
'BUYER' ; (Hereafter referred to as "BUYER" in the AGREEMENT.)
NAME- SURNAME: [invoice-user-name]
ADDRESS: [billing address]
'SELLER' ; (Hereafter referred to as "SELLER" in the contract.)
DADA LUV DADA TİCARET (ADİ ORTAKLIĞI)
ADDRESS: Maslak Mah. A.O.S 55. Sok. 42 Maslak B Blok No:4 İç Kapı Daire:844 Sarıyer, Istanbul, Turkey
By accepting this AGREEMENT, the BUYER accepts in advance that if he approves the order subject to the Contract, he will be under the obligation to pay the price of the order and, if any, the additional fees specified such as shipping fee and tax, and that he has been informed about this matter.
2. DEFINITIONS
In the implementation and interpretation of this AGREEMENT, the terms written below shall express the written explanations against them.
LAW: Consumer Protection Law No. 6502,
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: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of 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 and requests the goods or services through the website of the SELLER,
SITE: The website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS/PRODUCT: Refers to the movable goods subject to 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 sales and delivery of the product with the qualifications and sales price specified by the BUYER on the SELLER's SITE.
Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: DADA LUV DADA TİCARET (ADİ ORTAKLIĞI)
Address: Maslak Mah. A.O.S 55. Sok. 42 Maslak B Blok No:4 İç Kapı Daire:844 Sarıyer, Istanbul, Turkey
Email: info@dadaluvdada.co
5. BUYER INFORMATION
To be delivered to: [invoice-user-name]
Delivery Address: [invoice-address]
Phone:[phone-number]
Email:
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
7.1 The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the SITE belonging to the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until they are 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.
Product Description
Order Content and Total:
[basket-amount]
Order Date : [date]
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the SELLER.
8. INVOICE INFORMATION
Name on Invoice: [invoice-user-name]
Billing Address : [invoice-address]
Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of 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 SITE of the SELLER, that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; Confirming the Preliminary Information electronically, accepts, declares and undertakes that before the CONTRACT is established, the address to be given by the SELLER to the BUYER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.
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 on the SITE, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the AGREEMENT.
9.3. The SELLER undertakes to deliver the product subject to the AGREEMENT completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, and the information and documents required for the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, and to perform the work within the principles of honesty and honesty. It accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising from the CONTRACT.
9.5. The SELLER accepts, declares and undertakes that if the fulfillment of the product or service subject to the order becomes impossible, 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 will confirm this AGREEMENT electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid for any reason and/or it is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
9.7. If the product subject to the CONTRACT 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 product subject to the CONTRACT to the person and/or organization at the address indicated by the BUYER, the BUYER It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense for shipping.
9.8. If the SELLER cannot deliver the product subject to the CONTRACT in due time due to force majeure situations such as the occurrence of circumstances that are beyond the will of the Parties, unpredictable and prevent and / or delay the fulfillment of the Parties' debts, the SELLER accepts, declares and undertakes that it will notify the BUYER. it does. 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. If the order is canceled by the BUYER, in the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. 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. accepts, declares and undertakes that it cannot be held responsible.
9.9. Communication via letter, e-mail, SMS, telephone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form to the SITE or updated by him later, has the right to reach the BUYER for marketing, notification and other purposes. By accepting this AGREEMENT, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contractual 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. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder 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 by the SELLER while becoming a member of the SITE is truthful and that the SELLER will immediately indemnify all damages due to the untruthfulness of this information, upon the first notification of the SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SITE belonging to 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 SITE belonging to the SELLER in any way, in a way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot take actions that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. On the SITE of the SELLER, links 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 may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this AGREEMENT is personally liable criminally and legally for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; 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 due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In case the contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he informs the SELLER. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this AGREEMENT, 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 BUYER shall notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days from the delivery of the goods to the BUYER, and the product shall be referred to as "Products for which the Right of Withdrawal cannot be exercised", which is regulated in this AGREEMENT. must not be used within the framework of its provisions. If the right of withdrawal 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 together 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.) To the SELLER. must be sent.
b) The return form (included on the back of the waybill invoice delivered to the BUYER with the product) must be sent to the SELLER.
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and the BUYER is obliged to return the goods within 10 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of his fault. 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 period of the right of withdrawal.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
In order for products to be returned, their packaging must be unopened, intact and unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and be liable to the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. OFFICIAL AUTHORITY
Complaints and objections in disputes arising from this AGREEMENT, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
As of 28/05/2014, in accordance with the following relevant articles of the Consumer Protection Law No. 6502:
68. a) District consumer arbitration committees in disputes with a value less than 2,000,00 (two thousand) TL,
69. b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
70. c) In 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.
Consumer Courts are responsible for disputes above these values.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the SITE, he is deemed to have accepted all the terms of this AGREEMENT. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this AGREEMENT has been read and accepted by the BUYER on the SITE before the order is fulfilled.