DISTANT SALES AGREEMENT
ARTICLE 1 - PARTIES
1. VENDOR Information:
Name/Last Name: Oktay Seküçoğlu
Brand Name: PET-TURE
Address: Yenişehir Mah. Atatürk Bulvarı No:77/1 İskenderun /HATAY
(Referred herein as ‘VENDOR’)
1. BUYER Information:
(Referred to herein as ‘BUYER’)
VENDOR and BUYER shall be referred to herein as ‘Parties’
ARTICLE 2 – SUBJECT OF AGREEMENT
2.1 This Distant Sales Agreement (‘Agreement’) regulates the rights and liabilities of parties namely the above mentioned BUYER and sales and delivery of products designed and produced by the VENDOR through the website () as per Law No 4077 on Consumer Protection and Regulation on Distant Sales Agreements.
2.2 BUYER accepts and declares that s/he is informed about the VENDOR’s name, address, telephone and other contact information, the product in question and its basic qualifications, VAT included price, payment method, delivery conditions and preliminary information on the product the right of withdrawal; confirmed this preliminary information in an electronic environment and later ordered the product or products. Distant Sales Agreement Preorder Form (‘Preorder Form) and the invoice issued upon the BUYER’s order are integral parts of this Agreement.
ARTICLE 3 – ENTRY INTO EFFECT
Agreement date is the (….) date the BUYER places an order.
ARTICLE 4 – VALIDITY PERIOD OF COMMITMENTS
Prices and promises given on the VENDOR’s website () are valid until an update and change is made. Prices that are constantly declared are valid until the given time.
ARTICLE 5 – INFORMATION ON THE PRODUCT IN QUESTION
The brand/model, color, number, sale price, payment method are as mentioned in the VENDOR’s website (www.pet-ture.com).
1. Product Name:
3. Sale Price (VAT inc.):
4. Courier Cost:
5. Contracted Courier Company: Yurtiçi Kargo
6. Payment: Kredi Kartı / Banka Kartı / Banka Havalesi
7. Delivery Address:
9. Invoice Address:
(Referred to herein as ‘Product’)
ARTICLE 6 - RIGHTS AND LIABILITIES OF VENDOR
6.1 Except force majeur, the VENDOR accepts and commits to fully complete the deeds imposed on him/her in the Agreement as per Law No 4077 on Consumer Protection and Regulation on Distant Sales Agreements
6.2 VENDOR is not responsible for errors in price due to system failure. Based on this, the VENDOR shall not be responsible of errors in promotion and price due to interference on the website through the system, design or illegal methods. BUYER cannot claim to have a right in cases where there is an error in price due to system failure. VENDOR immediately notifies the BUYER in writing or through the data repository about the price of the ordered Product and the current situation. If BUYER does not complete the residual payment within 7 (seven) days upon this notification, the BUYER cancels the order.
ARTICLE 7 - BUYER’S RIGHTS AND LIABILITIES
7.1 Except force majeur, the VENDOR accepts and commits to fully complete the deeds imposed on him/her in the Agreement.
7.2 BUYER by placing an order accepts and commits to the provisions of this Agreement and to pay through the payment method stated in the Agreement.
7.3 BUYER declares that s/he is informed about the precautions taken and warning made against the possible situations mentioned in the Preorder Form and gave the necessary confirmation in the electronic environment.
7.4 In a case when the BUYER wants to return the Product, the BUYER accepts and commits not to damage the Product and its packaging and to return the invoice and waybill at the moment of return.
ARTICLE 8 –PAYMENT OF PRODUCT IN QUESTION
8.1 The BUYER accepts, declares and commits that s/he shall separately confirm interest rates and default interest with his/her bank and clauses related to interest and default interest shall be implemented as per the credit card agreement between the bank and the BUYER inconformity with the existing legislation provisions. Deferred payment / installment advantages provided by organizations such as banks and financial institutions which distribute credit cards, installment cards etc are installment advantages provided by a credit and/or mentioned institutions; the sale of the Product which is done in this context and whose cost is collected fully by the VENDOR is not considered as an installment sale but a sale for cash by the Parties.
8.2 BUYER can pay for the Product either through transferring the amount to the bank account stated in the VENDOR’s website () or by credit card. The process time for orders is not the moment the order is made but the moment when the amount is collected from the credit card or when the transfer reaches the VENDOR’s bank account. Orders that are not paid for within one week (1) from the order date shall be cancelled. The order number must be entered when transferring the amount. Payment methods that are carried out without discussing with the VENDOR such as send payables or postal checks are not accepted.
8.3 If after the delivery, the banks or financial institution does not pay the cost of Product to the VENDOR due to illegal or unlawful use of the BUYER’s credit card by unauthorized people, the BUYER is entitled to return the Product to the VENDOR within 3 (three) days all charges assumed. In that case, the return cost shall belong to the BUYER. VENDOR’s all contractual and legal rights, including a judicial follow up are otherwise and under any circumstances reserved.
ARTICLE 9 – PRODUCT DELIVERY AND INVOICE
9.1 Product delivery shall be made to the BUYER’s address, given to the VENDOR through the website () by the contracted courier company. (The person who will receive the Product shall be referred to herein as ‘RECEIVER’.
9.2 The VENDOR shall pay the courier cost, unless stated otherwise in writing.
9.3 Invoice shall be issued based on the BUYER’s personal information (Name/Last Name, Address, etc) given to the VENDOR through the website ().
9.4 Invoice shall be sent to the delivery address along with the order.
9.5 The information on the BUYER stated in article 1 of this form, the Receiver stated in article 4 and the invoice stated in article 5 may belong to the same or different people. The BUYER shall be responsible of all provided and confirmed information that belong to different people.
9.6 BUYER accepts that the information provided to the VENDOR is accurate. The VENDOR cannot be held responsible for the problems encountered during the delivery of Product and the Product that are not delivered to the BUYER. In that case, the VENDOR shall be regarded as to have handled everything related to the Product in a whole and complete manner. Therefore, all kinds of damage resulting from the late delivery of the Product, keeping the Product at the courier company and/or all cost and expenses resulting from returning the cargo to the VENDOR belong to the BUYER.
9.7 If for any given reason, the price of Product is not paid or the bank payment is cancelled the VENDOR is regarded as released from the obligation to deliver the Product.
ARTICLE 10 – PRODUCT HANDLING
10.1 Contracted courier company delivers the product within the country and the courier cost is as stated for all products at the moment of order. Additional fees may be requested for special packaging and gift-wrapping.
10.2 Product is delivered within 30 (thirty) days upon order to the delivery address or the person/organization stated by the BUYER together with its invoice. This period can be extended for maximum 10 days on the condition that the BUYER is notified in written.
10.3 BUYER should not accept damaged packages and must request a statement from the courier. If the courier has the opinion that the packaging is not damaged, the BUYER has the right to check the Product and make sure it is not damaged and request a statement for the current condition. After the package is delivered to the BUYER, the courier is regarded to have completed his/her task.
If the package has not been accepted and a statement is taken, the statement together with the BUYER’s copy must immediately be reported in writing to the VENDOR.
10.4 VENDOR cannot be held responsible for the Product that is not accepted by the person/organization stated by the BUYER.
ARTICLE 11 – RIGHT OF WITHDRAWAL
11.1 BUYER has the right of withdrawal by rejecting the Product within 14 (fourteen) days upon delivery to the person/organization at the address without any civil and criminal liability and justification. The right of withdrawal starts upon delivery of the Product to the BUYER or Receiver.
11.2 If the Product bought with credit card is returned, the VENDOR does not pay the BUYER in cash as per the agreement with the bank. Since the VENDOR is liable to pay the amount in cash and on the account to the bank when a return is in question, paying the BUYER in cash will not be possible as per the above-mentioned procedure.
11.3 If the right of withdrawal is exercised, a written notification must be sent to the VENDOR’s website () within 14 (fourteen) days. A copy of the Product invoice, filled out fully and accurately and signed by the BUYER, must be sent to the VENDOR within 10 (ten) days of exercising the right of withdrawal. In that case, courier cost shall belong to the BUYER.
11.4 Product must be returned with its box, packaging and standard accessories (if any).
11.5 VENDOR is liable to refund the BUYER in full within 14 (fourteen) days upon the return of Product stated in article 11.2 and under the same payment conditions. The period of time for the refund to be reflected to the credit card depends on the bank. VENDOR reserves the right to keep the amount in his/her account if the return of Product is not carried out as stated in article 11.2.
11.6 Depreciation of the delivered Product or any reason that makes the return impossible does not constitute an impediment to exercise the right of withdrawal. However, if the depreciation or the impossibility of return results from consumer’s defect, s/he must compensate the value of the Product or the amount of depreciation to the BUYER. Changes and defects resulting from the routine use of the Product are not considered as depreciation.
ARTICLE 12 – PRODUCTS, WHICH ARE NOT SUBJECT TO THE RIGHT OF WITHDRAWAL
Right of withdrawal cannot be exercised for products prepared based on the BUYER’s requirements or personal needs and whose qualifications do not allow for a return.
ARTICLE 13 – OTHER PROVISIONS
13.1 VENDOR can provide a different product with the same quality and price if it is understood that s/he cannot provide the Product for good reason before delivery date on the condition that the BUYER is notified in writing.
13.2 If due to emergency the Product cannot be delivered within 30 (thirty) days or if the delay lasts more than 10 (ten) days, the VENDOR notifies the BUYER.
In that case, the BUYER can cancel, order a similar product or can wait until the end of the emergency. If it was collected, product price shall be refunded within 10 (ten) days upon cancellation. The period of time for the refund to be reflected to the credit card depends on the bank.
ARTICLE 14 – WARRANTY
Products used and cleaned according to the instructions are under warranty against all kinds of manufacturing defect for 2 (two) years under the below mentioned conditions.
ARTICLE 15- CONFIDENTIALITY
15.1 VENDOR can send Commercial Emails to the BUYER for marketing and promotion purposes through the email address, telephone and/or mobile phone number provided by the BUYER when submitting membership as per Law No 6563 and Regulation on Commercial Emails. BUYER reserves the right to be removed from these communications for free
15.2 Personal data recorded in the system as per the Agreement, shall not be shared with 3rd parties without the consent of the BUYER and except legal obligation and/or upon demand from legal authorities and/or legal procedure started by the VENDOR. When needed, the website shall keep the IP log records of users for a period of time stated by the law in order to define problems occurring within the website and to immediately solve technical problems, illegal shopping and/or other problems. Apart from that, data related to users and services and/or products shall be shared with relevant institutions and/or organizations in the case where if requested by legal authorities.
ARTICLE 16 – COMPETENT COURT
In case of dispute generating from this Agreement, the Consumer Arbitration Committee and Consumer Courts located at the residence of the BUYER and the VENDOR shall be competent within financial limits set by the Ministry of Industry and Commerce every December.
BUYER accepts, declares and commits that s/he has read all conditions and statements written in this Agreement, which is composed of 16 articles and its integral Preorder Form and s/he has received and examined the sales conditions and all other preliminary information.