Distance Sales Agreement
**THIS IS A SAMPLE. PLEASE ADJUST APPROPRIATELY FOR YOUR OWN SITE BEFORE USE**
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions stated below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
NAME - SURNAME:
ADDRESS:
By accepting this agreement, the BUYER explicitly acknowledges that when approving the order which is the subject of the contract, they undertake the obligation to pay the order price, and additional fees such as shipping charges and taxes if applicable, and that they have been informed about this matter in advance.
2. DEFINITIONS
The following terms used in the implementation and interpretation of this Agreement will express the explanations written next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any kind of consumer transaction other than supplying goods made or promised to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the company offering the goods,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service via the SELLER’s website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOOD: Movable property subject to purchase and intangible goods such as software, audio, visual content prepared to be used in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product with the specifications and sales price listed below, ordered electronically by the BUYER through the SELLER’s website, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The prices listed and announced on the website are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the indicated period expires.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic characteristics of the good(s)/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the SELLER, the basic characteristics of the related product can be reviewed during the campaign period. Valid until the campaign date.
6.2. The prices listed and announced on the website are sales prices. Announced prices and promises remain valid until updated or changed. Prices announced for a limited period are valid until the indicated time expires.
6.3. The total sales price of the product or service subject to the contract including all taxes is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(Including VAT)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost related to product shipment will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the delivery of the order.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The privacy rules-policy and conditions below apply regarding the protection, confidentiality, processing-use of information, communications, and other issues on the INTERNET SITE.
8.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken within the limits of current technical means according to the nature of the information and transactions on the SELLER’s system infrastructure. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take necessary measures, including protection against viruses and similar malicious applications, to prevent unauthorized access by unrelated persons.
8.2. Apart from other consents and approvals given by the BUYER regarding personal data and commercial electronic communications, and additionally for confirmation; the information obtained during the BUYER’s membership and purchases on the INTERNET SITE may be recorded indefinitely by the SELLER or for the period they foresee, stored in printed/magnetic archives, updated if necessary, shared, transferred, used and processed by all means for the supply of various products/services and all kinds of electronic and other commercial-social communications for informational, advertising-promotion, communication, promotion, sale, marketing, store card, credit card and membership practices. This data may also be transmitted to relevant Authorities and Courts when legally required. The BUYER consents and permits the use, sharing, processing and receiving commercial or non-commercial electronic and other communications in accordance with personal data protection and electronic commerce legislation as described above for their existing and new personal or non-personal information.
8.3. The BUYER can always stop data use-processing and/or communications by contacting the SELLER via the specified communication channels or by legally exercising the right to object to electronic communications sent to them. According to the BUYER’s explicit declaration on this matter, personal data processing and/or communications to them will be stopped within the legal maximum period; also, unless legally required or possible, the data will be deleted or anonymized so that identity is not revealed. The BUYER may request information from the SELLER regarding data processing, recipients of the data, correction of inaccurate data, notification of corrected data to third parties, deletion or destruction of data, objection to decisions arising from automatic processing, and compensation in case of illegal data processing. Such applications and requests will be fulfilled within legal maximum periods or legally justified denials will be explained.
8.4. All intellectual property and ownership rights related to all information and content of the INTERNET SITE and their organization, revision and partial/complete use, except those belonging to other third parties per agreements, belong to the SELLER.
8.5. The SELLER reserves the right to make any necessary changes on the above matters; these changes become effective once announced on the INTERNET SITE or by other appropriate means.
8.6. The privacy-security policies and usage terms of other websites accessed from the INTERNET SITE apply, and the SELLER is not responsible for disputes or negative consequences arising from those sites.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and confirmed electronically the basic properties, sales price, payment, and preliminary delivery information of the product subject to the contract on the SELLER’s website and have obtained accurate and complete information before contracting. The BUYER also accepts, declares, and undertakes to have correctly and fully received the address the SELLER must provide before concluding the distance sales contract, the basic features of the ordered products, price including taxes, payment and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the designated address within the period specified in the preliminary information section on the website, depending on the BUYER’s location, without exceeding the legal period of 30 days. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in conformity with the characteristics specified in the order, with any warranty certificates and user manuals if applicable, free from defects, in accordance with legal requirements, standards, integrity, and honesty principles, to maintain and improve service quality, and to act with necessary care and prudence during performance.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance period expires.
9.5. If it becomes impossible to fulfill the ordered product or service, the SELLER shall notify the consumer in writing within 3 days of learning this and refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes to confirm this Agreement electronically for delivery of the product, and understands that if the purchase price is not paid or canceled in bank records for any reason, the SELLER’s delivery obligation ceases.
9.7. If the credit card used for payment by the BUYER is used unlawfully by unauthorized persons causing non-payment to the SELLER by the bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. The SELLER shall inform the BUYER if force majeure events prevent delivery on time. The BUYER may request cancellation, replacement with a similar product, or postponement of delivery until the obstacle ends. In case of cancellation, payments made by cash will be refunded within 14 days, and credit card refunds will be made to the bank within 14 days. The BUYER acknowledges the bank processing time of 2-3 weeks and accepts no liability for possible delays.
9.9. The SELLER may contact the BUYER using the registered or updated contact info via mail, email, SMS, phone, and other means for marketing, notification, and communication. By accepting this contract, the BUYER consents to these communications.
9.10. The BUYER shall inspect the goods/services before acceptance and shall not accept damaged, dented, broken, or torn packaged items from the carrier. The goods/services received are considered undamaged. Care after delivery is the BUYER’s responsibility. Withdrawal rights require that goods/services be unused. The invoice must be returned.
9.11. If the credit card holder during ordering is not the same person as the BUYER or if a security breach is detected before delivery, the SELLER may require identity and contact info and recent credit card bill confirming ownership from the BUYER. Orders will be frozen until documents are provided within 24 hours or cancelled by the SELLER.
9.12. The BUYER declares and undertakes the personal and other information provided during membership are truthful and will compensate the SELLER immediately for any damages caused by false info after the first notification.
9.13. The BUYER agrees to comply with legislation when using the SELLER’s website and not violate them; otherwise all legal and criminal liabilities will exclusively bind the BUYER.
9.14. The BUYER shall not use the website in any way that disrupts public order, contravenes morals, harasses, or violates other rights. Also, no spam, viruses, Trojan horses, or hindering others' service use activities are allowed.
9.15. Links to third-party websites not controlled by the SELLER may be provided; these do not imply endorsement or guarantee of linked content.
9.16. Members violating any terms here are personally liable for legal and criminal consequences and must indemnify the SELLER. The SELLER reserves the right to claim compensation for contract breaches if necessary.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract covers sale of goods, the BUYER may withdraw from the contract within 14 calendar days after delivery to themselves or the indicated recipient without any legal or criminal responsibility or reason, by notifying the SELLER. For service contracts, the period starts at signing date. Once the service has begun with the BUYER’s consent before end of the withdrawal period, withdrawal right is not available. Withdrawal costs are borne by the SELLER. The BUYER acknowledges receipt of withdrawal information by accepting this contract.
10.2. To exercise withdrawal, notification must be made in writing to the SELLER within 14 days by registered mail, fax, or email, and the product must be unused per the "Non-Returnable Products" provisions below. Upon withdrawal:
a) Invoice of product delivered to third party or BUYER (corporate invoices must be accompanied by the corporate return invoice, otherwise returns will not be completed)
b) Return form,
c) Products must be delivered with box, packaging, and standard accessories intact and undamaged.
d) The SELLER must refund the total payment and documents putting the BUYER in debt within 10 days of receiving withdrawal notice and accept the returned goods within 20 days.
e) If product value decreases or return becomes impossible due to the BUYER’s fault, the BUYER is liable to compensate the SELLER proportionally. However, changes due to proper use within the withdrawal period are not the BUYER's responsibility.
f) If withdrawal leads to campaign limit breach, discounts used in campaigns will be cancelled.
11. NON-RETURNABLE PRODUCTS
Products prepared upon BUYER’s request or explicit personal needs which cannot be returned, including underwear, swimwear bottoms, cosmetics, disposable products, perishable goods or goods possibly expired, products unfit for return if opened by BUYER due to health and hygiene reasons, goods mixed with others and not separable by nature after delivery, periodicals excluding subscription contracts, intangible goods instantly delivered electronically, audio or video records, books, digital content, software, data recording/storage devices, computer consumables with opened packaging cannot be returned under the Regulation. Also, withdrawal from services already commenced with the consumer’s consent before expiry of withdrawal period is not possible.
Cosmetics, personal care products, underwear, swimwear, books, copied software/programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridges, ribbons etc.) must have unopened, untested, intact, and unused packaging to be returnable.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment by credit card, they accept responsibility to pay interest and be liable to the bank under the credit card contract. The bank may pursue legal action and claim expenses and attorney fees from the BUYER. The BUYER also accepts responsibility to compensate the SELLER for any loss due to delayed payment.
13. JURISDICTION
Complaints and objections arising from this contract will be made to the consumer arbitration committee or consumer court at the location of the consumer’s residence or where the transaction occurred, within the monetary limits specified by law.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this contract upon making payment for the order through the Site. The SELLER is obligated to make the necessary software arrangements so that the BUYER acknowledges reading and acceptance of this contract before order confirmation.
SELLER:
BUYER:
DATE: