Distance Sales Agreement
ARTICLE 1 - PARTIES
Name - surname:
ARTICLE 2 - SCOPE AND SUBJECT OF CONTRACT
This Distance Sales Contract ("Contract") is regulated in accordance with the Consumer Protection Act and Distance Contracts Regulation. The parties to this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Act and Distance Contracts Regulation under this Contract. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Consumer Protection Act and Distance Contracts Regulation with regard to the sale and delivery of the Goods/Services with qualifications as specified in the Contract which are electronically ordered by the buyer via www.dropfold.com.tr or other domain names (“Website”) depending on the offered service by Eralta Ticaret in order to purchase products from the Seller. The conclusion of this Contract won’t obstruct the fulfillment of the provisions of the concluded website membership contract which the parties have negotiated separately with Eralta Ticaret. Parties accept and declare that Eralta Ticaret is not a party in any way considering the product sale which is subject of this Contract and there are no obligations and commitments of the parties to fulfill their obligations under the Contract.
ARTICLE 3 – BASIC QUALIFICATIONS AND THE PRICE OF THE CONTRACT PRODUCT
Type and sort, brand/model, quantity, color and the sale price including taxes and delivery information of the product/products is as follows:
Compensation Plan: ……….. months …….. (in words …………………………) TL monthly payment / ……… TL advance payment via online virtual POS application, with the credit card of the ……………… Bank.
Delay interest received: …………………………………
Bank rate used for delay interest account: ………….. %
Shipment will be initiated within 3 days after the purchase order. Shipment will be finalized within (7) days.
To be delivered to:
ARTICLE 4 - PRODUCT DELIVERY AND TYPE OF DELIVERY
The Contract enters into force when it is approved by the Buyer and it is fulfilled when the purchased Goods/Services from the Seller are delivered to the Buyer. Goods/Services will be delivered to the person/persons at the address as specified by the Buyer in the purchase order or in this Contract.
ARTICLE 5 – DELIVERY COSTS AND FULFILLMENT
Delivery costs of the Goods/Services are payable by the Buyer. If the Seller declared that the delivery costs will be met by him, delivery costs are payable by the Seller. Delivery of the goods will be performed within the guaranteed period if the stock of the Seller is available and after the realization of the payment. The Seller delivers the Goods/Services within 30 (thirty) days from the date of order and reserves the right to extend it 10 (days) by written notice within this period. If the Goods/Service fee is not paid or the payment is cancelled in the bank records for any reason, the Seller is exempted from his obligation of delivery of the Goods/Services.
ARTICLE 6 - BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer declares that he has read the prior knowledge that is loaded by the Seller and has been informed about the essential qualities, the sales price and payment method and delivery of the product which is the subject of the Contract located in the web site and he declares that he gave the necessary confirmation electronically. Buyers can deliver their demands and complaints as consumers through channels provided by the contact information of the Seller given above.
The Buyer confirms that he obtained the address that has to be given to the Consumer by the Seller before the fulfillment of distance sales contracts, key features of the ordered goods, the price of the goods including taxes, payment and delivery details completely and correctly.
If the Buyer, who has to examine the Goods/Services before delivery, receives destroyed, broken, damaged or defective Goods/Services with torn packaging from the courier company, the responsibility is wholly owned by the Buyer. Goods/Services which are received by the Buyer from the courier company shall be deemed to be undamaged and intact. The liability of the Goods/Services and damages belongs to the Buyer after the delivery. The Buyer is obliged to refund Goods/Services to the Seller within 3 (three) days after delivery, if the bank or financial institution fails to pay the Goods/Services fee to the Seller because of unfair or unlawful use of the credit card owned by the Buyer by unauthorized persons not arising out of Buyer’s faults. In this case, delivery costs are payable by the Buyer.
ARTICLE 7 – SELLER’S DECLARATIONS AND COMMITMENTS
The Seller is responsible for the delivery of the Goods/Services subject to the Contract as robust, complete, appropriate to the qualifications specified in the purchase order and with existing warranty documents and instruction manuals according to the Consumer Legislation.
The Seller is obliged to report the situation as soon as possible if he cannot deliver Goods/Services subject to the Contract in due time because of vis major and emergencies preventing the delivery. The Seller is not responsible for the rejection of delivery by the person to be delivered, if Goods/Services subject to the Contract should be delivered to a third person.
ARTICLE 8 - RIGHT OF WITHDRAWAL
The Seller warrants that the Buyer has the right to withdrawal the contract without any civil or criminal liability by refusing the goods or services within 7 (seven) days from the date of delivery or of the contract and warrants to take back the good after the delivery of the withdrawal notification. Withdrawal notification and other notices regarding the contract can be sent through seller contact information as specified above. Since DP IS NOT A PARTY OF THIS DISTANCE SALE CONTRACT, THE WITHDRAWAL CANNOT BE ISSUED AGAINST Eralta Ticaret OR NO REFUND CAN BE CLAIMED.
A notification to the Seller in accordance with the provisions of the legislation is essential during this period for the exercise of the right of withdrawal. In case of exercise of the right of withdrawal: a) The Product that has been delivered to the Buyer or to the third person mentioned above must be returned. b) the box, packaging, standard accessories and gifts if available must be refunded as complete and undamaged within a 7 (seven) days period. The product cost will be refunded to the Buyer in the following 10 (ten) days after the fulfillment of the withdrawal right or the delivery of information. The original invoice which has been submitted to the Buyer during product delivery must also be refunded to the Seller with the product. Return shipping fee is payable by the Seller. The refund section of the invoice will be completed and signed by the Buyer before the delivery.
ARTICLE 9 – CONDITIONS AGAINST THE USE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used in the following cases:
a) Service contracts which are in fulfillment process with the consent of the customer before the expiration of the right of withdrawal.
b) Contracts for goods of which the price is determined in the stock exchange or other organized markets.
c) Contracts related to goods which are prepared in accordance with consumer's requests or clearly in accordance with his personal needs, goods which are unsuitable to be sent back, or which are in danger of quick deterioration or of which the expiration date is likely to exceed.
d) Contracts related to audio or video recordings, software programs and computer supplies, provided that their packaging has already been opened.
e ) Contracts for delivery of periodicals such as newspapers , magazines etc.
f) Contracts related to the performance of services relating to betting and lottery.
g) Contracts related to intangible properties delivered to the customer instantly or services carried out immediately in electronic format.
ARTICLE 10 - SETTLEMENT OF DISPUTES
When consumers have problems with the Seller and the Seller is not able to resolve the case, they can apply to the Consumer Issues Arbitral Tribunal at the location of residence or location of purchase for transactions up to the product cost 1161.67 TL and to the Consumer Court at the location of residence or location of purchase for transactions over 1161.67 TL in order to forward their complaints and appeals.
The lower monetary limit is 3032.65. TL for the authority of arbitral tribunes related to resolution of disputes located in metropolitan cities as stated in the third paragraph of Article 5 of the Code for Arbitration Committee for Consumer Problems published in the Official Gazette No. 25186 dated 01.08.2003.
ARTICLE 11 - GOODS / SERVICE PRICE
Cash or futures price of the Goods/Services is the price which is available in the invoice content sent to the customer with the product and in the sample invoice sent via e-mail at the mail order, whereas the amount of the advance price is located at the order form. Discounts made by the Seller or Eralta Ticaret, coupons and other sales are reflected in the final price.
ARTICLE 11 - DEFAULT STATE AND LEGAL CONSEQUENCES
If the Buyer goes into default in the process of his credit card payment, the card owner will be liable to the bank and will pay interest in accordance with the credit card contract of the bank. In this case, the bank may take legal actions, may request attorney fees and legal costs from the Buyer. And the Buyer accepts to pay the losses and damages of the Seller arising because of the deferred payment of the debt in any case, if the Buyer goes into default because of his debt.
ARTICLE 12 - NOTICES and CONTRACT of EVIDENCE
Any correspondence between the Parties under this Contract, except obligatory cases as listed in the Law, will be made via e-mail. The Buyer accepts, declares and undertakes that official books and business records of the Seller and Eralta Ticaret, and electronic information and computer records stored on its database, servers constitute binding, specific and exclusive evidence. The Buyer accepts that this article is in the nature of a contract of evidence in the sense of the Article 193 of Civil Procedure Code.
ARTICLE 13 - FORCE
This Contract which consists of 13 (thirteen) Articles, has been concluded ad enters into force immediately after being read by the parties and by being approved by the Buyer electronically.