UĞUR SAAT DISTANT SALES AGREEMENT
This Agreement regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services that the BUYER wishes to purchase by ordering on the http://www.ugursaat.com.tr electronic commerce website of the SELLER and other issues. After the BUYER approves this contract on the website, the price and costs of the products ordered are collected by the SELLER with the payment method he/she chooses.
Article 1 – Parties:
SELLER:
Title : Uğur Saat Mağazacılık A.Ş.
Address : Mustafa Kemal Mah.2118 Cad.No:4 D:8 Çankaya Ankara
E-mail : [email protected]
Telephone : (0 312) 219 61 15
Central Registry System No : 0886103291600001
Tax No : 886 103 2916
BUYER:
Name, Surname/Title : @BuyerNameSurname
Address : @BuyerShipmentAddress
Telephone : @BuyerShipmentPhone
E-mail : @BuyerShipmentEmail
Article 2- Subject of the Agreement:
The subject of this Agreement is the determination of the rights and obligations of the parties in relation to the SELLER's commitment to sell and transfer the product that the BUYER wishes to order from the BUYER's website and whose qualifications are specified below, in return for full payment of the price specified in this contract.
The type and type of products (goods/services), quantity, brand/model/color, gross prices and sales price and payment (collection) information and delivery information including the delivery location notified by the BUYER are as follows. If the cargo company that will make the delivery does not have a branch in the location of the BUYER, the BUYER must pick up from another nearby branch to be notified by the SELLER. However, if deemed necessary for operational and security reasons, the SELLER may decide to deliver the product from the nearest branch of the relevant cargo company. The BUYER has expressly consented to receive the products to be ordered by this distance sales contract from the branch of the relevant cargo company.
Product/Service Description Price:
@ProductList
Payment Method: @PaymentType
Delivery Information
Delivery Address : @BuyerShipmentAddress
Person to be Delivered to : @BuyerNameSurname
Delivery Time (Estimated Delivery to Cargo) :
Invoice Information
Invoice Address : @BuyerInvoiceAddress
Telephone : @BuyerInvoicePhone
E-mail : @BuyerInvoiceEmail
Article 3- Right of Withdrawal and Termination:
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without any justification and without penalty. However, by law, the BUYER does not have the right of withdrawal in contracts for the following goods/services, even if they have not been used/exploited:
a. Goods prepared in line with the special requests of the BUYER or his personal needs (including those that are customized for personal needs by making changes or additions on them, special products imported/supplied from within or outside the country based on the BUYER's order)
b. All kinds of products whose protective elements such as packaging, tape, seal, package have been opened,
c. Products whose original packaging has deteriorated, have lost their resalability and cannot be purchased by another BUYER,
d. Products whose certificate is issued/personalized on behalf of the BUYER,
e. Returns and exchanges cannot be made for products with the phrase "cannot be returned and exchanged" on the product detail pages.
In cases where it is possible to use the right of withdrawal, the BUYER is legally responsible for the changes and deterioration that occur if the BUYER does not use the product in accordance with its functioning, technical specifications and instructions for use within the withdrawal period. Accordingly, if there is a change or deterioration due to the failure to use the product in accordance with the instructions for use, technical specifications and operation of the product until the date of withdrawal, the BUYER will lose the right of withdrawal.
In cases where there is a right of withdrawal, it is sufficient for the BUYER to have directed a clear notification (in writing to the above-mentioned contact addresses) to the SELLER within the legal 14-day period that the BUYER has exercised the right of withdrawal. In case the said right is exercised within the period, the product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the expense of the BUYER. In the return process, the product must be delivered complete and undamaged with its box, packaging, standard accessories, if any. In addition, in accordance with the tax legislation, it is legally required to issue a Return Invoice by the BUYER, and order returns whose invoice is issued on behalf of legal entities will not be accepted if the return Invoice is not issued.
Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notification to the SELLER, the product price shall be returned to the BUYER in accordance with the payment instrument used when purchasing the product.
If the SELLER thinks that the performance of the goods/service has become impossible (stock error, serious fluctuations in exchange rates, etc.), if the SELLER collects the price, it notifies the BUYER within 3 (three) days from the date it learns that the performance has become impossible. In this case, the price paid and documents, if any, shall be returned to the BUYER within 14 (fourteen) days. The SELLER has no other responsibility.
Article 4- Personal Data:
The following privacy rules, policy and terms apply to the protection, confidentiality, processing, use and communications of information on the website and other matters.
• 4.1. The necessary measures for the security of the information and transactions entered by the BUYER on the website have been taken in the system infrastructure of the SELLER to the extent of today's technical facilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them on the BUYER's side and to prevent them from being accessed by unrelated persons.
• 4.2. In addition to and confirming the BUYER's permission and approvals regarding the personal data and commercial electronic communications otherwise provided by the BUYER; The information obtained during the BUYER's membership to the website and shopping can be recorded by the SELLER for electronic and other commercial and social communications to be made by the SELLER for the provision of various products/services and for all kinds of information, advertising, promotion, communication, campaigns, sales, marketing, store card, credit card and membership applications, indefinitely or for a period of time to be stipulated by the specified persons and their successors, can be stored in printed/magnetic archives, can be updated, shared, transferred, used and processed in other ways when deemed necessary. These data may also be transmitted to the relevant Authorities and Courts when required by law. The BUYER has consented and authorized the use, sharing, processing of personal and non-personal existing and new information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make commercial and non-commercial electronic communications and other communications.
• 4.3. The BUYER can always stop the use and processing of data by reaching the SELLER through the specified communication channels and/or by reaching the SELLER through the same channels in accordance with the legal procedure or by using the right of refusal in electronic communications sent to him. According to the explicit notification of the BUYER in this regard, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, except for those that must be legally preserved and/or possible, is deleted from the data recording system or anonymized in such a way that his identity cannot be determined. If the BUYER wishes, he/she may always apply to the SELLER through the above-mentioned communication channels and obtain information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, and remedy in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
• 4.4. All intellectual-industrial rights and property rights belong to the SELLER, except those belonging to other third parties according to the agreement of the SELLER, regarding all kinds of information and content of the website and their arrangement, revision and partial/complete use.
• 4.5. The SELLER reserves the right to make any changes that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the SELLER through the Website or other appropriate methods.
• 4.6. The privacy-security policies and terms of use of other sites accessed from the Website are valid, and the SELLER is not responsible for any disputes and negative consequences that may arise.
Article 5- General Provisions:
• 5.1. The product subject to the contract is delivered to the BUYER on the basis specified below and in Article 2 of this Agreement, provided that the legal 30-day period is not exceeded. The SELLER sends and delivers the products through the contracted cargo company for its shipments. If this cargo company does not have a branch in the location of the BUYER, the BUYER is required to receive the product from another nearby branch of the cargo company notified by the SELLER. However, if the SELLER deems necessary for operational and security reasons, it may decide to deliver the product from the nearest branch of the relevant cargo company. The BUYER has expressly consented to receive the products to be ordered by this distance sales contract from the branch of the relevant cargo company.
• 5.2 In general and unless otherwise expressly stated, delivery costs (cargo fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs in question to the BUYER, depending on the campaigns it conducts at the time of sale and announces the terms on its website.
• 5.3. If the BUYER is not present at the address of the BUYER at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. In the event that there is no one to receive delivery at the address, it is the responsibility of the BUYER to follow the shipment of the products by contacting the cargo company. In these cases, any damage caused by the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
• 5..4. The BUYER is responsible for checking the product as soon as he/she receives the product and when he/she sees a problem caused by the cargo in the product, he/she is responsible for not accepting the product and keeping a report to the Cargo company official. Otherwise, the SELLER will not accept responsibility.
• 5.5. The BUYER must have paid the price in full before receiving the product, unless otherwise stipulated in writing by the SELLER. If the product price is not fully paid to the SELLER before delivery in cash sales, and if the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the product.
• 5.6. If the product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.
• 5.7. If it is understood that the SELLER cannot supply the product subject to the Contract, the SELLER may supply another good/service of equal quality-price, provided that it clearly informs the BUYER in accordance with the law within three (3) days from the date of learning of this situation and obtains its verbal/written approval, and is deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects whether or not to give such approval and in cases where he/she does not give approval, the contractual/legal provisions regarding the cancellation of the order are applied, In this case, the SELLER's only obligation is to refund the price paid by the BUYER for the product. The SELLER has no other obligations and the BUYER has no right to claim any material or moral compensation from the SELLER due to this situation.
• 5.8. In case of order cancellations and termination of the Contract, including withdrawals in accordance with the contract/law, if the Product price has been collected, it will be returned to the BUYER within a maximum of 14 days. The return is made in accordance with the payment instrument used by the BUYER in the payment of the Product price to the SELLER.
• 5.9. The BUYER may notify the SELLER of his/her requests and complaints regarding the product and sales verbally or in writing by reaching the SELLER through the communication channels specified in this contract.
• 5.10. The SELLER's records (including magnetic media records such as computer-audio records) constitute evidence in the resolution of any dispute that may arise from this contract and/or its implementation; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 6 – Authorization:
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees within the monetary limits determined annually by law, and Consumer Courts are authorized and authorized in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his/her or the SELLER's place of residence if he/she wishes.
The BUYER accepts and declares that he/she has read all the conditions and explanations written in this Agreement and in the order and contract preliminary information forming an integral part of this Agreement, that he/she has read all the conditions and explanations written in this Agreement, including the basic features, qualities, sales price, payment method, delivery conditions, SELLER and all other preliminary information about the product subject to sale, information and right of withdrawal and personal information, electronic communication conditions, that he/she has prior knowledge of all matters written in this Agreement, that he/she has seen all of them electronically on the website and that he/she accepts and declares that he/she accepts the provisions of this Agreement by ordering the product by giving confirmation, approval, acceptance, consent to all of them electronically.
Both the aforementioned preliminary information and this contract are also sent to the above e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order in the aforementioned e-mail is also included with the order summary.
SELLER : Uğur Saat Mağazacılık A.Ş.
BUYER : @BuyerNameSurname
DATE : @OrderDate