DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
‘BUYER’; (hereinafter referred to as “BUYER”)
Name/Surname/Title:
Address:
Trade Registry No :
Tax Office / Tax Identification No/ ID No :
‘SELLER’; OVION TECHNOLOGY INDUSTRY AND TRADE INC. (hereinafter referred to as “SELLER”)
Address: Yenibosna Mah. Kavak Sk. No:11/10 Bahçelievler/ISTANBUL
Trade Registry No :497418-5
Tax Office / Tax Identification No : Yenibosna / 6491263579
By accepting this contract, the BUYER acknowledges that they will be under the obligation to pay the price of the order subject and, if specified, additional charges such as shipping fee, tax, and acknowledges being informed about this.
2.DEFINITIONS
In the application and interpretation of this agreement, the terms written below will represent their written explanations.
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 (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods in return for a fee or benefit,
SELLER: The company acting on its own behalf or on behalf of or account of the consumer, offering goods within the scope of its commercial or professional activities,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site owned by the SELLER,
ORDERING PARTY: The real or legal person who requests a good or service through the internet site of the SELLER,
PARTIES: Refers to the SELLER and the BUYER,
CONTRACT: Refers to this agreement concluded between the SELLER and the BUYER,
GOODS: Refers to the movable goods subject to shopping and software, sound, image, and similar intangible goods prepared for use in the electronic environment.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product/products which the BUYER has ordered electronically through the website of the SELLER, whose qualities and sales price are specified below.
The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
OVION TECHNOLOGY INDUSTRY AND TRADE INC. (hereinafter referred to as “SELLER”)
Address: Yenibosna Mah. Kavak Sk. No:11/10 Bahçelievler/ISTANBUL
Trade Registry No :497418-5
Tax Office / Tax Identification No : Yenibosna / 6491263579
Phone / Fax :
Web Address :
5. BUYER INFORMATION
Person/Place to be Delivered:
Delivery Address:
Phone / Fax :
6. INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title:
Address:
Phone:
Fax:
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
7.1. The main characteristics (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the internet site of the SELLER. You can review the main features of the product during the campaign organized by the seller. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced periodically are valid until the end of the specified period.
7.3. The all-inclusive sales price of the product or service subject to the contract is shown below.
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Product Description |
Quantity |
Unit Price |
Subtotal |
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Shipping Fee |
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Total : |
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Payment Method and Plan:
Delivery Address:
Person to be Delivered:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email:
Invoice Delivery:
(The invoice will be delivered to the invoice address along with the order during the order delivery.)
9. GENERAL PROVISIONS
9.1. BUYER, declares that he/she has read and informed about the basic characteristics, sales price, payment method, and delivery information of the product subject to the contract on the SELLER’s website, and has given the necessary confirmation in electronic environment. BUYER; by confirming the Preliminary Information in electronic environment, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and in full to have received declares and undertakes.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization 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 place of residence, without exceeding the legal period of 30 days. BUYER reserves the right to terminate the contract if the product is not delivered to the BUYER within this period.
9.3. SELLER agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, along with warranty documents, user manuals, and information and documents required by the job, to perform the work in accordance with the standards, in compliance with the legal regulations, free from all defects, to maintain and improve the service quality, to act with caution and foresight during the performance of the work.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and explicitly obtaining his/her approval before the contractual performance obligation expires.
9.5. If the SELLER cannot deliver the product subject to the contract within due time due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation, SELLER is obliged to notify the BUYER. In such cases, the BUYER may exercise the right to cancel the order, replace the product subject to the contract with a precedent if any, and/or postpone the delivery until the obstructive situation disappears. If the BUYER cancels the order, in the case of cash payments, the product amount is paid back to him in cash and in full within 14 days. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER accepts, declares, and undertakes that it will take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank, and that the reflection of this amount in the BUYER’s accounts after its return to the bank is entirely related to the bank’s transaction process, BUYER cannot hold the SELLER responsible for possible delays.
9.6. BUYER agrees, declares, and undertakes that if the contract product payment is not made and/or canceled in the bank records for any reason, the SELLER’s obligation to deliver the contract product will end.
9.7. BUYER agrees, declares, and undertakes that if the contract product is not paid to the SELLER by the relevant bank or financial institution as a result of the unjust use of the BUYER’s credit card by unauthorized persons after the delivery of the contract product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER must return the product subject to the contract to the SELLER within 3 days, bearing the shipping costs.
9.8. SELLER agrees, declares, and undertakes to notify the BUYER if the contract product cannot be delivered within time due to force majeure situations such as the occurrence of unforeseen and preventing and/or delaying circumstances beyond the will of the parties. In such cases, the BUYER may exercise the right to cancel the order, request the replacement of the product subject to the contract with its precedent if any, and/or postpone the delivery until the obstructive situation disappears. If the order is canceled by the BUYER, the product amount is paid back to him in cash and in full within 14 days in the case of cash payments. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER accepts, declares, and undertakes that it will take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank, and that the reflection of this amount in the BUYER’s accounts after its return to the bank is entirely related to the bank’s transaction process, BUYER cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.
9.10. The BUYER will inspect the contracted goods/service before receiving; will not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The delivered goods/service is considered to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/service should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security flaw is detected on the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, a statement from the card holder’s bank that the credit card belongs to him/her, or a previous month’s statement of the card used in the order. The order will be frozen until the requested information/documents are provided by the BUYER, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information provided while signing up to the SELLER’s website is accurate, and that the SELLER will immediately, cash and in full indemnify all damages suffered by the SELLER due to the falsity of this information, upon the first notification from the SELLER.
9.13. BUYER agrees and undertakes in advance to comply with and not violate the legal regulations while using the SELLER’s website. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make difficult the use of services by others.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the website of the SELLER. These links are placed to provide ease of orientation to the BUYER and do not support any website or the person operating that site and do not guarantee the information contained in the linked website.
9.16. The member who violates one or several articles of this agreement is personally responsible criminally and legally for this violation, and will keep the SELLER free from the legal and penal consequences of these violations. Also; if the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; in the case of the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to himself/herself or the person/organization at the address indicated, provided that the SELLER is notified, can use the right to withdraw from the contract by rejecting the goods without taking any legal and criminal responsibility and without any justification. In distance contracts for the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service is started with the approval of the consumer before the expiry of the right of withdrawal period. Expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he/she has been informed about the right of withdrawal by accepting this contract.
10.2. In order to exercise the right of withdrawal, it is mandatory to notify the SELLER by registered mail, fax or email within 14 (fourteen) days and the product must not be used within the framework of the provisions of “Products that Cannot be Returned” regulated in this contract. In case this right is exercised,
a) The invoice of the product delivered to the third person or the BUYER, (if the product to be returned is invoiced to an institution, it must be sent with the return invoice issued by that institution. Order returns invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) SELLER is obliged to return the total price and the documents that put the BUYER under obligation to the BUYER within 10 days at the latest after the withdrawal notification reaches him and to take back the goods within 20 days.
e) If a decrease in the value of the goods occurs due to a reason caused by the BUYER’s fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER in proportion to his/her fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the amount of the campaign limit set by the SELLER is decreased below due to the exercise of the right of withdrawal, the amount of discount benefited within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT BE RETURNED
Goods that are prepared in line with the BUYER’s request or clearly personal needs and are not suitable for return, single-use products, products that are at risk of deterioration or that are likely to expire, goods which are not suitable for return due to health and hygiene reasons if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except for those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and if the package of the sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables is opened by the BUYER, returns are not possible according to the Regulation. Moreover, the right of withdrawal cannot be exercised for services started with the consumer’s approval before the end of the withdrawal period according to the Regulation.
12. DEFAULT STATE AND LEGAL CONSEQUENCES
If the BUYER defaults in the payment transactions made by credit card, he/she agrees, declares and undertakes that he/she will pay interest and be liable to the bank within the framework of the credit card agreement made with the cardholder bank. In this case, the bank may apply to legal ways; may demand the expenses and attorney’s fee from the BUYER and in any case, if the BUYER defaults on his/her debt, the BUYER agrees to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in case of disputes arising from this contract will be made to the consumer arbitration committee or the consumer court in the place where the consumer resides or the consumer transaction is made, within the monetary limits specified in the law below. The monetary limits are as follows:
In the arrangement of the monetary limits specified in the first paragraph of Article 68 of the Consumer Protection Law No. 6502 and in the second paragraph of Article 6 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 21/9/2022 and numbered 31960; As of 01.01.2024, for applications to be made in the year 2024, Provincial or District Consumer Arbitration Committees are authorized for disputes below 104,000 (one hundred four thousand) Turkish Liras.
14. ENFORCEMENT
When the BUYER makes the payment for the order he/she has placed on the Site, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
SELLER: OVION TECHNOLOGY INDUSTRY AND TRADE INC.
Address: Yenibosna Mah. Kavak Sk. No:11/10 Bahçelievler/ISTANBUL
BUYER: