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 entered into between the parties below under the terms and conditions set out below.

‘BUYER’; (hereinafter referred to in the agreement as the "BUYER")
NAME:
ADDRESS:

‘SELLER’; (hereinafter referred to in the agreement as the "SELLER")
NAME: Troy Depo Lojistik ve Teknoloji Hizmetleri A.Ş.
ADDRESS: Maslak, Büyükdere Cad. No:255 Nurol Plaza B.02, 34450 Sarıyer/İstanbul

By accepting this agreement, the BUYER acknowledges in advance that, upon confirming the order that is the subject of the agreement, they will be under the obligation to pay the order price and any additional charges stated, such as the shipping fee 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,

SITE: the website owned by the SELLER,

ORDERING PARTY: the natural or legal person who requests goods or services via the website owned by the SELLER,

PARTIES: the SELLER and the BUYER,

AGREEMENT: this agreement concluded between the SELLER and the BUYER,

GOODS: means movable property that is the subject of the purchase, as well as software, audio, video and similar intangible goods prepared for use in electronic media.

3. SUBJECT MATTER

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 regard to the sale and delivery of the product whose characteristics and sale price are specified below and which the BUYER has ordered electronically via the website owned by the SELLER.

The prices listed and announced on the site are sale prices. Announced prices and offers remain valid until they are updated or changed. Prices announced for a limited period remain valid until the end of the specified period.

SELLER INFORMATION

Trade name: Troy Depo Lojistik ve Teknoloji Hizmetleri A.Ş.
Address: Maslak, Büyükdere Cad. No:255 Nurol Plaza B.02, 34450 Sarıyer/İstanbul
Phone: 0850 888 66 15
Fax:
Email: [email protected]

BUYER INFORMATION

Recipient
Delivery address
Phone
Fax
Email/username

ORDERING PARTY INFORMATION

Name/Surname/Trade name
Address
Phone
Fax
Email/username

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 date.

7.2. The prices listed and announced on the site are sale prices. Announced prices and offers 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 sale price of the goods or service subject to the agreement, including all taxes, is shown below.

Product Description
Quantity
Unit price
Subtotal
(incl. VAT)
Shipping cost
Total:

Payment method and plan
Delivery address
Recipient
Billing address
Order date
Delivery date
Delivery method

7.4. The shipping fee, being the cost of dispatching the product, shall be paid by the BUYER.

BILLING INFORMATION

Name/Surname/Trade 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 order delivery.

GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that they have read and are informed of the preliminary information on the website owned by the SELLER regarding the basic characteristics of the product subject to the agreement, its sale price, the payment method and delivery, and that they have given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that, by confirming the Preliminary Information electronically, they have also obtained, accurately and completely, before the conclusion of the distance sales agreement, the address that must be provided by the SELLER to the BUYER, the basic characteristics of the products ordered, 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 designated by the BUYER within the period stated in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that the statutory period of 30 days is not exceeded. 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 accepts, declares and undertakes to deliver the product subject to the agreement complete, in conformity 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 transaction; to perform the work free from any defect, sound and in conformity with standards in accordance with the requirements of the legislation, and in line with the principles of good faith and honesty; to maintain and improve the quality of service; to exercise the necessary care and diligence in the performance of the work; and to act with prudence and foresight.

9.4. Before the period for performance of its obligations under the agreement expires, the SELLER may supply a different product of equal quality and price, provided that it informs the BUYER and obtains the BUYER's explicit consent.

9.5. The SELLER accepts, declares and undertakes that, if it is unable to fulfill its obligations under the agreement because supplying the ordered product or service has become impossible, it will notify the consumer of this in writing within 3 days from the date on which it becomes aware of it and will refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that if, for any reason, the price of the product is not paid and/or is cancelled in the bank records, the SELLER's obligation to deliver the product shall end.

9.7. The BUYER accepts, 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 designated 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 to be borne by the SELLER.

9.8. The SELLER accepts, declares and undertakes that, if it is unable to deliver the product subject to the agreement on time due to force majeure, such as circumstances arising beyond the will of the parties, unforeseeable in advance and preventing and/or delaying the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER in turn has the right to request from the SELLER that the order be cancelled, that the product subject to the agreement be replaced with an equivalent, if any, and/or that the delivery period be postponed until the preventing circumstance ceases. If the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount is paid to the BUYER in cash and in a single payment within 14 days. For payments made by the BUYER by credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average time for the bank to credit the amount refunded to the credit card by the SELLER to the BUYER's account may be 2 to 3 weeks, and that, since the crediting of this amount to the BUYER's accounts after its refund to the bank depends entirely on the bank's processing, the BUYER cannot hold the SELLER liable for any delays.

9.9. The SELLER has the right to contact the BUYER by letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes, using the address, email address, landline and mobile telephone lines and other contact details provided by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER accepts 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 from the shipping company any damaged or defective goods/service, such as dented or broken items or items with torn packaging. Goods/services accepted shall be deemed undamaged and intact. After delivery, the obligation to take due care of the goods/service rests 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 is detected in relation to the credit card used for the order 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 that they will compensate the SELLER for all losses it may incur due to the inaccuracy of this information immediately, in cash and in a single payment, upon the SELLER's first notice.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation and not to violate them when using the website owned by the SELLER. Otherwise, all resulting legal and criminal liabilities shall be borne entirely and exclusively by the BUYER.

9.14. The BUYER may not under any circumstances use the website owned by the SELLER in a manner that disturbs public order, is contrary to public morals, disturbs or harasses others, for an unlawful purpose, or in a manner that 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 other third parties. These links are provided solely for the BUYER's ease of navigation; 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 listed in this agreement shall be personally liable, under criminal and civil law, for that violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, if the matter is brought before the courts because of such a violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

RIGHT OF WITHDRAWAL

10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address designated by the BUYER, provided that the SELLER is notified. For distance contracts relating to the provision of services, this period starts from the date on which the contract 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 end of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be 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 within the 14 (fourteen) day period by registered mail with return receipt, fax or email, and the product must not have been used, within the framework of the provisions on "Products for Which the Right of Withdrawal Cannot Be Exercised" set out in this agreement. If this right is exercised, the following must be delivered:

a) the invoice for the product delivered to the third party or to the BUYER (if the invoice for the product to be returned is a corporate invoice, it must be sent together with a return invoice issued by the company when returning the product. Returns of orders invoiced in the name of companies cannot be completed unless a RETURN INVOICE is issued.),
b) the return form,
c) the products to be returned, complete and undamaged, together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to refund the total price and return the documents placing the BUYER under 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.
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's losses in proportion to their fault. However, the BUYER is not liable for changes and deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If, as a result of the exercise of the right of withdrawal, the amount falls below the threshold of a campaign organized by the SELLER, the discount obtained under the campaign is cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to the Regulation, the following cannot be returned: goods prepared in line with the BUYER's wishes or clearly personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up products and single-use products; goods that are liable to deteriorate rapidly or whose expiry date may pass; products whose return is not appropriate for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products which, after delivery, become mixed with other products and by their nature cannot be separated; goods relating to periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed instantly in electronic form or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices and computer consumables, 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 end of the withdrawal period.

For 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.) to be returnable, their packaging must be unopened and they must be untried, intact and unused.

DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that, if they default where payment has been made by credit card, they will pay interest under the credit card agreement between them and 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 accepts, declares and undertakes to pay the loss and damage incurred by the SELLER due to the late performance of the debt.

COMPETENT COURT

In disputes arising from this agreement, complaints and objections shall be filed, within the monetary limits specified in the law below, with the consumer arbitration committee or the consumer court at the consumer's place of residence or at the place where the consumer transaction was carried out. Information on the monetary limits is provided below:

Effective from 28/05/2014:

a) pursuant to Article 68 of Law No. 6502 on Consumer Protection, to district consumer arbitration committees for disputes with a value below 2.000,00 (two thousand) TL,
b) to provincial consumer arbitration committees for disputes with a value below 3.000,00 (three thousand) TL,
c) in provinces with metropolitan municipality status, applications for disputes with a value between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.

ENTRY INTO FORCE

When the BUYER makes the payment for the order placed via the Site, the BUYER is 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 site.

SELLER:
BUYER:
DATE:

Applies only to products sold by Troy Depo. No liability whatsoever is accepted for any other products or items. The site is solely a listing platform.