This text is a translation provided for information purposes only. The legally binding text is the Turkish version of this document. View the Turkish version
Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below under the terms and conditions set out below.
1. ‘BUYER’ ; (hereinafter referred to in this agreement as the "BUYER")
NAME- SURNAME:
ADDRESS:
2. ‘SELLER’ ; (hereinafter referred to in this agreement as the "SELLER")
NAME- SURNAME: Troy Depo Lojistik ve Teknoloji Hizmetleri A.Ş.
ADDRESS: Maslak, Büyükdere Cad. No:255 Nurol Plaza B.02, 34450 Sarıyer/Istanbul
By accepting this agreement, the BUYER acknowledges in advance that, if they confirm the order subject to the agreement, they will be obliged to pay the order price and any additional charges specified, such as shipping fees and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms below shall have the meanings set out 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 : the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE : the subject of any consumer transaction, other than the supply of goods, that is performed or undertaken to be performed in return for a fee or benefit,
SELLER : the company that offers goods to consumers within the scope of its commercial or professional activities, or that acts in the name or on behalf of the party offering the goods,
BUYER : the natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,
WEBSITE : the website owned by the SELLER,
ORDERING PARTY : the natural or legal person who requests goods or services through the website owned by the SELLER,
PARTIES : the SELLER and the BUYER,
AGREEMENT : this agreement concluded between the SELLER and the BUYER,
GOODS : refers to movable property subject to purchase, as well as software, audio, video and similar intangible goods prepared for use in electronic media.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, pursuant to the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, with respect to the sale and delivery of the product, whose characteristics and sales price are specified below, ordered electronically by the BUYER through the website owned by the SELLER.
The prices listed and announced on the website are sales prices. Announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
4. SELLER INFORMATION
Company name : Troy Depo Lojistik ve Teknoloji Hizmetleri A.Ş.
Address : Maslak, Büyükdere Cad. No:255 Nurol Plaza B.02, 34450 Sarıyer/Istanbul
Phone : 0850 888 66 150850 888 66 15
Fax :
Email : bilgi@troydepo.com
5. BUYER INFORMATION
Recipient
Delivery address
Phone
Fax
Email/username
6. ORDERING PARTY INFORMATION
Name/Surname/Company name
Address
Phone
Fax
Email/username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the website owned by the SELLER. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign end date.
7.2. The prices listed and announced on the website are sales prices. Announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
7.3. The sales price of the goods or service subject to the agreement, including all taxes, is shown below.
| Product Description | Quantity | Unit Price | Subtotal (VAT Included) |
|
| Shipping Fee | ||||
| Total : | ||||
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of dispatching the product, shall be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Company name
Address
Phone
Fax
Email/username
Invoice delivery : The invoice will be delivered to the billing address together with the order
at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read and are aware of the preliminary information on the website owned by the SELLER regarding the basic characteristics of the product subject to the agreement, its sales price, payment method and delivery, and that they have given the necessary confirmation electronically.
By confirming the Preliminary Information electronically, the BUYER acknowledges, declares and undertakes that, before the distance sales agreement was concluded, they correctly and fully obtained the address that the SELLER must provide to the BUYER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the agreement is delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided that this 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 acknowledges, declares and undertakes to deliver the product subject to the agreement complete, in accordance with the characteristics specified in the order and together with any warranty certificates, user manuals and other information and documents required by the nature of the work; to perform the work free from any defects, in sound condition and in compliance with standards and legal requirements,
in accordance with the principles of good faith and honesty; to maintain and improve the quality of service; to exercise the necessary care and diligence in performing the work; and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price, provided that it informs the BUYER and obtains their explicit consent before the performance obligation arising from the agreement expires.
9.5. The SELLER acknowledges, declares and undertakes that, if it is unable to fulfill its contractual obligations because the supply of the ordered product or service has become impossible, it will notify the consumer of this in writing within 3 days from the date it becomes aware of the situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the agreement is not paid and/or is canceled in the bank records for any reason, the SELLER's obligation to deliver the product shall end.
9.7. The BUYER acknowledges, declares and undertakes that if, after the product subject to the Agreement has been delivered to the BUYER or to the person and/or organization at the address specified by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and unlawful use of the BUYER's credit card by third parties, the BUYER will return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. The SELLER acknowledges, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the agreement on time due to force majeure, such as circumstances beyond the control of the parties that could not be foreseen and that prevent and/or delay the parties from fulfilling their obligations.
In this case, the BUYER is entitled to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent one, if available, and/or the postponement of the delivery period until the obstacle has been removed.
If the order is canceled by the BUYER, for payments made in cash, the product amount is refunded to the BUYER in cash and in full within 14 days. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER.
The BUYER acknowledges, declares and undertakes that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank, and that, since the reflection of this amount in the BUYER's accounts after its refund to the bank depends entirely on the bank's processing time, the BUYER cannot hold the SELLER responsible for any delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, email, SMS, phone call and other means, using the address, email address, landline and mobile phone numbers and other contact details provided by the BUYER in the registration form on the website or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the above communication activities directed at them.
9.10. The BUYER shall inspect the goods/service subject to the agreement before accepting delivery and shall not accept damaged or defective goods/services, such as dented or broken items or items with torn packaging, from the shipping company. Goods/services accepted shall be deemed undamaged and intact. After delivery, the obligation to take proper care of the goods/service lies with the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are not the same person, or if a security vulnerability concerning the credit card used for the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact details of the cardholder, the previous month's statement of the credit card used for the order, or a letter from the cardholder's bank confirming that the credit card belongs to the cardholder.
The order will be put on hold until the BUYER provides the requested information/documents, and if these requests 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 when registering on the website owned by the SELLER is true and accurate, and that they will compensate the SELLER for all damages arising from any inaccuracy of this information immediately, in cash and in full, upon the SELLER's first notice.
9.13. The BUYER acknowledges and undertakes from the outset to comply with the provisions of the applicable legislation and not to violate them when using the website owned by the SELLER. Otherwise, all resulting legal and criminal liability shall rest entirely and exclusively with the BUYER.
9.14. The BUYER may not use the website owned by the SELLER in any way that disturbs public order, is contrary to public morality, disturbs or harasses others, serves an unlawful purpose or infringes the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. The website owned by the SELLER may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are provided to make navigation easier for the BUYER; they do not endorse any website or the person operating it and do not constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions of this agreement is personally liable, under both criminal and civil law, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, if the matter is brought before the courts as a result of such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract concerns the sale of goods, the BUYER may exercise the right to withdraw from the agreement by rejecting the goods within 14 (fourteen) days from the date the product is delivered to them or to the person/organization at the address they specified, provided that they notify the SELLER, without incurring any legal or criminal liability and without giving any reason.
For distance contracts concerning the provision of services, this period starts on the date the agreement is signed. The right of withdrawal cannot be exercised for service contracts where performance of the service has begun with the consumer's consent before the withdrawal period expires.
The costs arising from exercising the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to the SELLER by registered mail with return receipt, fax or email within the 14 (fourteen)-day period, and the product must not have been used, in accordance with the provisions on "Products Not Eligible for the Right of Withdrawal" set out in this agreement. If this right is exercised,
3. a) the invoice for the product delivered to a third party or to the BUYER (If the invoice for the product to be returned was issued to a company, it must be sent back together with a return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
4. b) the return form,
5. c) the products to be returned, together with their box, packaging and any standard accessories, must be delivered complete and undamaged.
6. d) The SELLER is obliged to refund the total price and return any documents placing the BUYER under a payment obligation to the BUYER within 10 days at the latest from receipt of the withdrawal notice, and to take back the goods within 20 days.
7. e) If the value of the goods decreases or their return becomes impossible for a reason attributable to the BUYER's fault, the BUYER is obliged to compensate the SELLER for its losses in proportion to their degree of fault. However, the BUYER is not responsible for changes and deterioration resulting from the proper use of the goods or product during the withdrawal period.
8. f) If exercising the right of withdrawal causes the order total to fall below the campaign threshold set by the SELLER, the discount received under the campaign is canceled.
11. PRODUCTS NOT ELIGIBLE FOR THE RIGHT OF WITHDRAWAL
Goods prepared at the BUYER's request or clearly in line with their personal needs that are not suitable for return, underwear bottoms, swimsuit and bikini bottoms, makeup products, single-use products, and goods that are at risk of rapid deterioration or likely to pass their expiration date are excluded from returns.
Products whose return is not appropriate for health and hygiene reasons once their packaging has been opened by the BUYER after delivery, and products that become mixed with other products after delivery and by their nature cannot be separated, also cannot be returned.
Except for those provided under a subscription agreement, goods relating to periodicals such as newspapers and magazines, services performed instantly in electronic media, and intangible goods delivered instantly to the consumer are also excluded from returns.
Pursuant to the Regulation, audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables cannot be returned if their packaging has been opened by the BUYER.
Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's consent before the withdrawal period expires.
To be eligible for return, cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untried, intact and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on payments made by credit card, the BUYER acknowledges, declares and undertakes that they will pay interest under the credit card agreement with the card-issuing bank and will be liable to the bank. In this case, the relevant bank may take legal action and may claim the resulting costs and attorney's fees from the BUYER; and in any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares and undertakes that they will compensate the SELLER for any loss and damage suffered due to the late performance of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be filed, within the monetary limits set out in the law below, with the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction took place. Information on the monetary limits is provided below:
Effective from 28/05/2014:
68. a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, disputes with a value below 2,000.00 (two thousand) TL are referred to district consumer arbitration committees,
69. b) disputes with a value below 3,000.00 (three thousand) TL are referred to provincial consumer arbitration committees,
c) in provinces with metropolitan municipality status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
Once the BUYER makes the payment for the order placed through the Website, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation, before the order is completed, that this agreement has been read and accepted by the BUYER on the website.
SELLER:
BUYER:
DATE:
