DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES
1.1. SELLER:
Title: Hasan Mert Güvenç
Address: Hamitler Mahallesi Saim Sokak 8/H/10 Osmangazi/Bursa
Phone: +90 535 593 30 33
1.2. BUYER (“CONSUMER”):
Name/Surname/Title: [adsoyad]
Address : [address]
Phone: [phone]
Email: [email]
VKN: [tc]
ARTICLE 2- SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the CONSUMER ordered electronically from the website www.redpardus.com.
ARTICLE 3- INFORMATION RELATED TO THE CONTRACT SUBJECT PRODUCT, PAYMENT AND DELIVERY
3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract
3.2- Payment Method :
On the order summary page, there is information on how many installments the order total will be paid.
Your bank may organize campaigns and apply a number of installments higher than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank.
As of the cut-off date of your credit card, the order total will be divided by the number of installments and will be reflected in your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months, taking into account the fraction differences. The creation of your detailed payment plan is at the initiative of your bank.
3.3- On the other hand, since term sales are made only with credit cards belonging to banks, the CONSUMER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the CONSUMER.
3.4 – Refund Procedure:
In cases where the CONSUMER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the CONSUMER with the decisions of the arbitration committee, the refund procedure regarding the payment options is stated below:
a) Return Procedure for Credit Card Payment Options
If the shopping is made by credit card and in installments, the Bank makes the refund to the CONSUMER in installments, no matter how many installments the CONSUMER has purchased the product. After the SELLER pays the full amount of the product price to the bank at one time, the refund of the installment expenditures made from the Bank poses to the CONSUMER’s credit cardIn the event of a refund, the requested refund amounts shall be transferred to the accounts of the bearer parties by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the return date and the card’s account cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month and the CONSUMER will receive the installments paid before the return for the number of months after the installments of the sale are over and will be deducted from the existing debts.
In case of the return of goods and services purchased with the card, the SELLER cannot pay the CONSUMER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make a refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or in offset, the CONSUMER cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank at once.
The CONSUMER declares and undertakes that he/she has read and accepted this procedure.
b) Refund Procedure in Money Order / EFT Payment Options
The refund will be made by requesting bank account information from the CONSUMER, in the form of wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).
The SELLER reimburses the bank the full amount of the product price at one time.
In case of the return of the goods and services purchased by wire transfer / EFT, the SELLER cannot pay the CONSUMER in cash in accordance with the contract it has made with the Bank. In case of a return transaction, the SELLER will make the return through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by offset, the CONSUMER cannot be paid in cash in accordance with the procedure we have explained above.
The CONSUMER declares and undertakes that he / she has read and accepted this procedure.
c) Return Procedure for Cash on Delivery Payment Options
The return will be made in the form of a wire transfer or EFT to the account specified by the CONSUMER (provided that the account is in the name of the person at the billing address or in the name of the user member) by requesting bank account information (IBAN) from the CONSUMER. The SELLER shall reimburse the bank for the full amount paid by the CONSUMER in one lump sum.
The CONSUMER declares and undertakes that he/she has read and accepted this procedure.
3.5- Delivery Method and Address : Shipping & [address]
Delivery Address : [address]
Person to be delivered: [Name and Surname]
BillingAddress : [address]
Packaging, shipping and delivery costs are borne by the CONSUMER. The shipping fee is -TL and the shipping price is added to the total amount of the order. It is not included in the product price. Delivery will be delivered by hand at the above-mentioned address of the CONSUMER via the contracted cargo company. Even if the CONSUMER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation in full and in full. For this reason, the SELLER shall not be liable for any damages and expenses arising from the CONSUMER receiving the product late and / or not receiving it at all. The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
ARTICLE 4 – RIGHT OF WITHDRAWAL
Pursuant to Law No. 6502 on Consumer Protection and the provisions of the Regulation on Distance Contracts;
4.1. The BUYER has the right to withdraw from the contract within 14 (Fourteen) days from the date of receipt of the goods in distance contracts for the sale of goods without any justification and without penalty.
4.2. In determining the period of the right of withdrawal, the provisions of the law numbered 6502 and the provisions of the regulation on distance contracts shall apply. According to this
For products that are the subject of a single order and delivered separately, the day on which the consumer or a third person designated by the consumer receives the last good, and for products consisting of more than one part, the day on which the consumer or a third person designated by the consumer receives the last part.
4.3. Thewithdrawal notification can be made in writing to info@redpardus.com. However, the buyer may exercise the right to withdraw from the contract under the same conditions within the period between the establishment of the contract and the delivery of the product. The notification of the exercise of the right of withdrawal must be in writing and the proof of this notification belongs to the consumer.
4.4. The invoice of the product delivered to 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 invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
4.5. The products to be returned must be delivered complete and undamaged together with the box, packaging and standard accessories, if any.
4.6. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 10 days.
4.7. The BUYER will not be responsible for the changes and deterioration that occur when the BUYER returns the product within the withdrawal period, but only if the product is used in accordance with the operation, technical specifications and instructions for use. However, if there is a damage or any defect in the product due to non-compliance with the instructions for use contrary to the natural use of the product, the SELLER does not have the responsibility to return and exchange the product.
4.8. The BUYER is obliged to cover the cost of return, not exceeding the delivery costs, if agreed in the preliminary information and the amount is included in the return with the carrier determined by the seller. However, if the goods delivered to the BUYER are defective within the scope of Article 8 of the Law, the consumer cannot be held responsible for the costs related to the return. If the BUYER requests, the return costs may be deducted from the cost of the goods or services to be returned to him and the delivery costs.
4.9. In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign shall be canceled.
ARTICLE 5 – PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
5.1. By law, there is no right of withdrawal, even if not used, in contracts for the following goods/services:
- a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the SELLER or the provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable goods or goods that may expire.
ç)Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
d) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or recreation, which must be made on a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or contracts for intangible goods delivered to the CONSUMER instantly.
h) Contracts for services whose performance is started with the approval of the CONSUMER before the expiration of the right of withdrawal period. It is not possible to use the right of withdrawal in accordance with the Distance Contracts Regulation.
ARTICLE 6- GENERAL PROVISIONS
6.1The CONSUMER accepts and declares that he / she has read and informed the preliminary information about the product subject to the contract on the website www.redpardus.com and that he / she has given the necessary confirmation electronically.
6.2- Each product subject to the contract is delivered to the BUYER or the third person and / or organization at the address indicated by the BUYER within 30 days from the sending of the order confirmation mail and the establishment of the contract, depending on the distance of the BUYER’s settlement, provided that it does not exceed the 30-day legal period. This period may be extended for a maximum of ten days provided that the BUYER is notified in advance in writing or by a continuous data carrier.- The CONSUMER accepts and declares that he / she has read and informed the preliminary information about the product subject to the contract on the website www.redpardus.com and that he / she has given the necessary confirmation electronically.
6.2- Each product subject to the contract is delivered to the BUYER or the third person and / or organization at the address indicated by the BUYER within 30 days from the sending of the order confirmation mail and the establishment of the contract, depending on the distance of the BUYER’s settlement, provided that it does not exceed the 30-day legal period. This period may be extended for a maximum of ten days provided that the BUYER is notified in advance in writing or by a continuous data carrier.
6.3. In order for the supply and delivery of the product subject to the contract to commence, payment must be made upon signing this contract. In the event that the price of the product subject to the contract is not paid or canceled through various channels after payment, the seller’s obligation to supply and deliver the product will immediately disappear and the contract will be deemed to be terminated automatically.
6.4.In the event that it is understood that the goods subject to the contract cannot be supplied for a justifiable reason before the expiration of the performance obligation arising from the contract and / or if the stock problem is encountered, if the BUYER is immediately informed and approved in a clear and understandable manner through the communication channels notified by the contract, another good of equal quality and price may be sent to the BUYER or in line with the BUYER’s desire and choice; another new product may be sent, the product may be expected to enter the stocks or the elimination of other obstacles to delivery and / or the order may be canceled.
6.5. In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER shall be notified of this situation and the total amount paid and any documents that put him under debt, if any, shall be returned to him within ten days at the latest and the contract shall be canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.
6.6. If the product subject to the contract will be delivered to a non-contractual third person or organization other than the buyer, the seller cannot be held responsible for the refusal of this non-contractual third person to receive the product.
6.7. Theresponsibility of the product belongs to the seller until the delivery of the product to the buyer or a third party to be indicated by the buyer. However, in the event that the buyer wishes to choose a carrier company other than the carrier company determined by the seller for the delivery of the product, the seller is relieved of responsibility by delivering the product to the relevant carrier company. With the delivery of the product to the carrier company designated by the buyer, the responsibility for the product is deemed to have passed to the buyer.
6.8. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents and user manuals, to perform the work within the principles of accuracy and honesty with the information and documents required by the work in accordance with the requirements of the legal legislation free from any defects, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
6.9. The BUYER accepts, declares and undertakes that he/she will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and if the price of the product subject to the contract is not paid for any reason and / or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will cease.
6.10. After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way not caused by the BUYER’s fault, the BUYER is obliged to send the product delivered to him to the SELLER within 10 days. In such cases, transportation expenses belong to the BUYER.
ARTICLE 7- DISPUTE AND COMPETENT COURT
In disputes related to this contract; Turkish Courts are authorized and the applicable law is Turkish Law.
For disputes up to the value announced by the Ministry of Commerce each year to be valid within the borders of the Republic of Turkey, the Provincial or District Consumer Arbitration Committees in the place where the CONSUMER transaction is made or where the CONSUMER’s residence is located, and in disputes above the said value, the Consumer Courts in the place where the CONSUMER transaction is made or where the CONSUMER’s residence is located shall be authorized.
In case the order is realized, the CONSUMER is deemed to have accepted all the terms of this contract.
SELLER : Hasan Mert Guvenc
BUYER(“”CONSUMER””) : [adsname]
Date : [date]