Distance Selling Agreement

Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the parties listed below under the terms and conditions specified herein.

 

‘BUYER’ ; (hereinafter referred to as the “BUYER” in the Agreement)

 

NAME-SURNAME/TITLE: [adsoyad] [sirketbilgileri]

ADDRESS: [adres]

PHONE: [telefon]

EMAIL: [email]

 

‘SELLER’ ;

 

NAME-SURNAME/TITLE: İbrahim Şeyba

ADDRESS: Fatih Mah. Fatih Cad. No:32/A Esenler İstanbul Türkiye

PHONE: +905464113444

EMAIL: support@riblabel.com

 

By accepting this agreement, the BUYER acknowledges in advance that they will be obliged to pay the price of the order subject to the agreement and, if applicable, additional fees such as shipping and taxes, upon confirmation of the order, and that they have been informed in this regard.

 

2.DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below shall refer to the explanations written opposite them.

MINISTER: Refers to the Minister of Customs and Trade,

MINISTRY: Refers to the Ministry of Customs and Trade,

LAW: Refers to the Consumer Protection Law No. 6502,

REGULATION: Refers to the Regulation on Distance Contracts (OG:27.11.2014/29188),

SERVICE: Refers to any consumer transaction subject other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit,

SELLER: Refers to the company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or in the name of the entity offering the goods,

BUYER: Refers to the real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: Refers to the internet site belonging to the SELLER,

ORDER PLACER: Refers to the real or legal person requesting a good or service through the internet site belonging to the SELLER,

PARTIES: Refers to the SELLER and the BUYER,

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

GOODS: Refers to movable property subject to shopping and intangible goods prepared for use in electronic environments such as software, audio, visuals, and similar.

3.SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the specifications, and sales price of which are stated below, ordered by the BUYER electronically through the internet site belonging to the SELLER, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

The listed prices and the prices announced on the site are the sales prices. The announced prices and commitments are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.

4. SELLER INFORMATION

 

TITLE: İbrahim Şeyba

Address: Fatih Mah. Fatih Cad. No:32/A Esenler İstanbul Türkiye

Phone: 05464113444

Email: support@riblabel.com

 

5. BUYER INFORMATION

 

The receiver

[aliciadsoyad] [alicisirketismi]

Delivery Address

[aliciadres]

Phone

[telefon]

Email/Username

[email]

6. INFORMATION OF ORDER PLACER

 

Name/Surname/Title

[adsoyad] [alicisirket]

Address

[adres]

Phone

[telefon]

Email/Username

[email]

1. SUBJECT OF THE CONTRACT PRODUCT(S) INFORMATION

 

• The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The listed and advertised prices on the site are the sale prices. The advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the specified period ends.

7.3. The total sale price of the subject goods or services, including all taxes, is shown below.

 

The purchased products

[satin_alinan_urunler]

 

Payment Method and Plan

 

[odemeyontemi]

 

Delivery Address

 

[aliciadres]

 

Invoice Address

 

[adres]

 

Name of Person for delivery

 

[aliciadsoyad]

 

Order Date

 

[tarih]

7.4. The shipping cost, which is the product delivery expense, will be paid by the BUYER.

 

8. INVOICE INFORMATION

 

Name/Surname/Title

[adsoyad] [alicisirket]

Address

[adres]

Phone

[telefon]

Email/Username

[email]

 

Invoice delivery: The invoice is sent together with the order to the invoice address during order delivery.

 

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read and acknowledged the preliminary information regarding the basic characteristics of the product subject to the contract, its sales price, payment method, and delivery information published on the SELLER’s website, and have provided the necessary confirmation in an electronic environment. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have accurately and completely obtained the address to be provided by the SELLER before the distance sales contract is established, the basic characteristics of the products ordered, their price including taxes, and payment and delivery information.

9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or institution at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, and other required documents, if applicable; to provide the product free from any defects, in compliance with legal regulations and standards, and to carry out the business in accordance with the principles of accuracy and integrity, maintaining and improving the quality of service, taking necessary care and diligence during the execution of the business, and acting with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price with the explicit approval of the BUYER by informing the BUYER before the fulfillment period of the contractual obligation expires.

9.5. If fulfilling the order for the product or service becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning about this situation and to refund the total payment 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 contract, and if, for any reason, the product fee is not paid and/or canceled in the bank records, the SELLER’s obligation to deliver the product will terminate.

9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or institution at the address indicated by the BUYER and the payment for the product is not made to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER will return the product to the SELLER within 3 days with the shipping costs to be covered by the SELLER.

9.8. The SELLER accepts, declares, and undertakes that if they are unable to deliver the product subject to the contract on time due to force majeure events that occur outside the parties’ will, are unforeseeable, and prevent and/or delay the fulfillment of the parties’ obligations, they will inform the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent, and/or the postponement of the delivery period until the blocking situation is eliminated. If the order is canceled by the BUYER, the amount paid in cash will be refunded to the BUYER within 14 days. In payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to be reflected in the BUYER’s account by the bank, and that the BUYER cannot hold the SELLER responsible for possible delays after the refund has been made to the bank.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes via letter, email, SMS, phone calls, and other means through the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form or updated later by themselves. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the aforementioned communication activities.

9.10. The BUYER will inspect the product/service subject to the contract before taking delivery; they will not accept damaged or defective products/services such as crushed, broken, or torn packaging from the shipping company. It will be considered that the product/service received is undamaged and intact. After delivery, the product/service must be carefully preserved by the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.

9.11. If the owner of the credit card used during the order is not the BUYER or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during registration on the SELLER’s website is truthful and that they will compensate the SELLER for any damages incurred due to the inaccuracy of this information immediately, in cash, and in full upon the SELLER’s first notification.

9.13. The BUYER accepts and undertakes to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities will fully and exclusively bind the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or in a way that infringes the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, Trojan horses, etc.).

9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and operated by third parties may be provided through the SELLER’s website. These links are placed to provide convenience to the BUYER and do not support any website or the person operating that site, and they do not constitute any guarantee regarding the information contained on the linked website.

9.16. The member who violates one or more of the provisions listed in this Agreement will be personally and criminally liable for such violation and will hold the SELLER harmless from any legal and criminal consequences of such violations. Additionally, in the event that the violation is referred to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

 

10. RIGHT OF WITHDRAWAL

10.1. In the case of a distance contract involving the sale of goods, the BUYER has the right to withdraw from the contract by refusing the product within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization designated by the BUYER, without assuming any legal or criminal liability and without providing any justification, provided that the SELLER is notified. In distance contracts related to service delivery, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has begun with the consumer’s consent before the withdrawal period expires. The costs arising from exercising the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail with return receipt, fax, or email within the 14 (fourteen) day period. The product must also be unused, in compliance with the terms set forth in the “Products for Which the Right of Withdrawal Cannot Be Exercised” section of this contract. In such cases:
a) The invoice of the product delivered to the third party or the BUYER must be returned (if the invoice is issued to a company, it must be returned with the company’s issued return invoice. Returns of orders invoiced to companies cannot be completed without a return invoice).
b) The return form must be completed.
c) The product to be returned must be delivered complete, undamaged, with its box, packaging, and any standard accessories.
d) The SELLER is obliged to refund the total amount and return any documents that put the BUYER in debt within 10 days after receiving the withdrawal notice and to accept the return of the product within 20 days.
e) If the product value decreases due to a fault of the BUYER or if the return becomes impossible, the BUYER is responsible for compensating the SELLER’s damages in proportion to their fault. However, the BUYER is not responsible for changes or deterioration that occur due to proper use of the product during the withdrawal period.
f) If the right of withdrawal is exercised and the campaign limit amount is reduced due to the return, the discount amount received within the scope of the campaign will be canceled.

 

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

The right of withdrawal cannot be exercised for goods that are custom-made upon the BUYER’s request or explicitly tailored to the BUYER’s personal needs, clothing accessories, single-use products, personalized products such as labels or plates made specifically for the person or brand, products that are at risk of spoiling quickly or may expire, products that are unsuitable for return due to health and hygiene reasons if their packaging has been opened after delivery, products that have been mixed with other products after delivery and cannot be separated by their nature, and goods such as newspapers and magazines that are provided outside the scope of a subscription agreement.

Additionally, the right of withdrawal cannot be exercised for services performed immediately in electronic form or for intangible goods delivered to the consumer instantly, such as audio or video recordings, books, digital content, software programs, data storage devices, and computer consumables if their packaging has been opened by the BUYER. Furthermore, the right of withdrawal cannot be exercised for services that have begun with the consumer’s consent before the withdrawal period ends, as per the relevant regulations.

 

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on a payment made via credit card, they agree, declare, and undertake that they will pay interest and assume responsibility toward the bank in accordance with the credit card agreement between the BUYER and the issuing bank. In this case, the relevant bank may initiate legal proceedings, and the BUYER will be responsible for any legal costs and attorney fees incurred. If the BUYER defaults on their debt, they agree, declare, and undertake that they will compensate the SELLER for any damages or losses resulting from the delayed fulfillment of the debt.

 

 

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court located in the BUYER’s place of residence or where the consumer transaction was carried out, within the monetary limits specified by the relevant law. Information regarding the monetary limits is as follows:

In accordance with Article 68 of the Consumer Protection Law No. 6502, for disputes valued below 30,000.00 (thirty thousand) TL, applications to consumer arbitration committees are mandatory.

This contract is executed for commercial purposes.

 

14. ENFORCEMENT

When the BUYER makes a payment for the order placed through the website, they are deemed to have accepted all the terms of this contract. The SELLER is responsible for implementing the necessary software arrangements to ensure that the BUYER reads and confirms acceptance of this contract on the website before completing the order.

SELLER: İbrahim Şeyba

 

BUYER: [adsoyad] [sirketbilgileri]

 

DATE: [tarih]