Distance Selling Contract

1. PARTIES
This Contract has been signed between the parties under the provisions and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the "BUYER")
Name-Surname/Title:
Address:
Phone:
E-mail:
B. ‘SELLER’; (hereinafter referred to as the "SELLER")
Title: Efecan Servis Ekipmanları ve Boya Kabinleri Sanayi ve Ticaret LIMITED Şirketi

Address: Kemalpaşa Organize Sanayi Bölgesi mahallesi, İzmir Cadde No: 89, 35090 Kemalpaşa/İzmir
Phone: (+90) 232 461 8771
E-mail: info@efecanboyafirinlari.com
Mersis No: 0325048868700012

2. DEFINITIONS
For the implementation and interpretation of this contract, the following terms shall have the meanings written opposite them.
MINISTER: Minister of Customs and Commerce,
MINISTRY: Ministry of Customs and Commerce,
LAW: Law no. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Sales (RG:27.11.2014/29188),
SERVICE: Subject of all kinds of consumer transactions, excluding provision of goods, carried out or undertaken for a fee or benefit,
SELLER: Company that offers goods, or acts on behalf or account of the person offering goods, within the scope of commercial or professional activities,
BUYER: Natural or legal person that receives, makes use of or benefits from goods or services for non-commercial or non-professional purposes,
WEBSITE: Internet site belonging to the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contracted signed between the SELLER and the BUYER,
GOODS: Movable items that are the subject of sales, as well as software, audio, image and similar intangible goods prepared for the use in electronic media.

3. SUBJECT
This Contract regulates the rights and liabilities of parties as per the provisions of Law no. 6502 on the Protection of Consumers and Regulation on Distance Sales regarding the sales and delivery of the product, which was ordered by the BUYER in electronic media via the website belonging to the SELLER, and whose properties and sales price are given below.
By agreeing with this contract, the BUYER accepts in advance that, in the event of approving the contracted order, he/she will enter into the obligation of paying the price of the order as well as specified additional fees including cargo fee, if any, and taxes, and that he/she is informed accordingly.
The prices listed and announced on the website are sales prices. The announced prices and commitments are valid until they are updated and changed, while the prices announced periodically are valid until the end of the specified period of time.

4. SELLER’S INFORMATION
Title: Efecan Servis Ekipmanları ve Boya Kabinleri Sanayi ve Ticaret LIMITED Şirketi

Address: Kemalpaşa Organize Sanayi Bölgesi mahallesi, İzmir Cadde No: 89, 35090 Kemalpaşa/İzmir
Phone: (+90) 232 461 8771
E-mail: info@efecanboyafirinlari.com
Mersis No: 0325048868700012

5. BUYER’S INFORMATION
Person to Take Delivery:
Delivery address:
Phone:
E-mail/Username:

6. INFORMATION ON CONTRACTED PRODUCT(S)
6.1. The basic properties of the Goods/Product(s)/Services (type, quantity, brand/model, color, number) are published on the website belonging to the SELLER. If the SELLER has organized a campaign, you can review the basic properties of the related product during the campaign period, which is applicable until the campaign date.

6.2. The prices listed and announced on the website are sales prices. The announced prices and commitments are valid until they are updated and changed, while the prices announced periodically are valid until the end of the specified period of time.

6.3. Sales price of the contracted goods or services including all taxes is shown below.

Product description Number Unit price Subtotal (VAT included)


Total:

Delivery Address:
Person to Take Delivery:
Invoice Address:
Cargo Fee: Cargo fee, which is the shipping cost for the product, is included in the product price, and no additional fee should be paid.
Date of Order:
Date of Delivery:
Method of Delivery:

7. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
E-mail/Username:
Invoice Delivery: As soon as the payment is approved, the invoice for the product will be sent to the BUYER’s e-mail address.

8. GENERAL PROVISIONS
8.1. BUYER accepts, declares and undertakes that he/she has read and received preliminary information on the basic properties, sales price, payment method and delivery of the contracted product on the website belonging to the SELLER, and given necessary confirmation in electronic media. BUYER accepts, declares and undertakes that he/she has also obtained correct and complete information on the address that should be given by the SELLER to the BUYER, as well as on the basic properties, VAT-included sales price, payment and delivery of the ordered product before confirming the Preliminary Information in electronic media and entering into the distance sales contract.

8.2. Each of the contracted products are delivered to the BUYER or to the person and/or establishment at the address shown by the BUYER, within the period of time specified in the Preliminary Information section of the website, depending on the distance of the BUYER’s residential area, provided that it does not exceed the legal period of 30 days. BUYER reserves the right to terminate the contract in the event that the product is not delivered to the BUYER within this period of time.

8.3. SELLER accepts, declares and undertakes to deliver the contracted product completely, in accordance with the qualities specified in the order, and together with certificates of warranty, user’s manuals and information and documents necessary for the work; perform the work within the principles of goodwill, free from all defects, in good condition as per the requirements of statutory legislations, and in accordance with standards; to maintain and improve the service quality; to show necessary attention and care during the performance of work; and to act with caution and prudentially.

8.4. SELLER may provide a different product of equal quality and price, provided that he informs and receives express approval of the BUYER before expiration of his obligations arising from the contract.

8.5. If the SELLER fails to fulfil his obligations within the scope of the contract in the event that it becomes impossible to deliver the ordered product or service, the SELLER accepts, declares and undertakes to inform the consumer of this situation in written (via e-mail or physical document) within 3 days as of the date he becomes aware of such, and return the total amount to the BUYER within 14 days.

8.6. BUYER accepts, declares and undertakes to confirm this Contract via electronic media for the delivery of the contracted product, and that the SELLER’s obligation to deliver the contracted product shall expire in case of non-payment of the product price for any reason and/or cancellation of the payment in bank records.

8.7. BUYER accepts, declares and undertakes to return the contracted product to the SELLER within 3 days, with cargo fees at the expense of the SELLER, in the event that the price for the contracted product is not paid to the SELLER by the bank or financial institution in consequence of the wrongful use of the BUYER’s credit card by unauthorized persons after delivery of the contracted product to the BUYER or to the person and/or establishment at the address shown by the BUYER.

8.8. SELLER accepts, declares and undertakes inform the BUYER in the event that he fails to deliver the contracted product within the related period of time due to force majeure that develop beyond the control of the Parties, are unforeseeable, and prevent and/or delay the Parties’ performing their liabilities. BUYER reserves the right to request the SELLER to cancel the order, change the contracted product with a similar one, if any, and/or postpone the delivery period until elimination of the impeding condition. For payments made in cash, the price of the product shall be returned to the BUYER in cash and at once within 14 days in the event that the BUYER cancels the order. For payments made with a credit card, the price of the product shall be returned to the related bank within 14 days after the BUYER cancels the order. BUYER accepts, declares and undertakes that it may take 2 or 3 weeks on average for the bank to reflect the amount -which is returned to the credit card by the SELLER- on the BUYER’s account, and the BUYER cannot hold the SELLER responsible for possible delays, as the reflection of such amount on his/her account after being returned to the bank is completely related to the bank’s transaction process.

8.9. SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, telephone and other means by using the address, e-mail address, fixed/mobile telephone numbers and other contact information, which are specified in the registration form on the website or may later be updated by the BUYER. By agreeing with this contract, the BUYER accepts and declares that the SELLER may engage in the abovementioned communication activities with him/her.

8.10. BUYER shall examine the contracted goods/services before delivery, and not take delivery of damaged and defective (crushed, broken, with torn package etc.) goods/services from the cargo company. Received goods/services shall be considered undamaged and in good condition. BUYER is liable to protect the goods/services with care after delivery. If the right of withdrawal will be executed, the goods/services should not be used. The invoice should be returned.

8.11. In the event that the BUYER and the holder of the credit card used for the order are not the same, or a security gap is detected in the credit card used for the order before 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, credit card statement for the previous year, or a letter from the credit card holder’s bank stating that the credit card belongs to the mentioned person. The order shall be suspended until the BUYER submits the requested information/documents, and the SELLER reserves the right to cancel the order unless the abovementioned requests are fulfilled within 24 hours.

8.12. BUYER accepts and undertakes that the personal and other information he/she provided for registering on the SELLER’s website are accurate, and that he/she will compensate all damages that may be incurred by the SELLER due to inaccuracy of such information immediately upon the first notice by the SELLER, in cash and at once.

8.13. BUYER accepts, declares and undertakes in advance to comply with, and not to violate, the provisions of statutory legislation while using the SELLER’s website. All legal and criminal liabilities that may arise otherwise shall be completely and exclusively binding for the BUYER.

8.14. BUYER shall not, under any circumstances, use the SELLER’s website for purposes against public order and general moral principles, contrary to law, disturbing and harassing others, and violating material and moral rights of others. Furthermore, he/she shall not carry out activities (spam, virus, Trojan horse etc.) that prevent or complicate other members’ use of services.

8.15. The website belonging to the SELLER may provide links to other websites and/or contents that are not controlled by the SELLER and/or are owned and/or managed by third persons. Such links are embedded to provide convenience in guiding the BUYER, and they do not support any website or the person managing it, and not serve as the guarantee for the information contained in the linked website.

8.16. Members that violate one or multiple article(s) listed in this contract shall be criminally and legally responsible in person, and keep the SELLER free from legal and criminal consequences of such violations. Furthermore, if the incident is submitted to the jurisdiction, the SELLER reserves the right to claim for damages due to the failure of complying with the membership contract.

9. RIGHT OF WITHDRAWAL
9.1. In the event that the distance contract is related to the sales of goods, the BUYER may execute the right of refusing the goods and withdrawing from the contract without any legal and criminal responsibilities and without any justification within 14 (fourteen) days after the date the product is delivered to the BUYER or to the person and/or establishment at the address shown by the BUYER, provided that he/she informs the SELLER. For distance contracts regarding provision of services, this period starts on the date the contract is signed. The right of withdrawal cannot be executed for service contracts, in which the performance of service starts with the consumer’s approval before the period for the right of withdrawal expires. Expenses arising from the right of approval belong to the SELLER. By agreeing with this contract, the BUYER accepts in advance that he/she is informed on the right of withdrawal.

9.2. For the right of withdrawal to be used, the SELLER should be notified in written via certified mail or e-mail within 14 (fourteen) days, and the product should not be used as per the provisions on “Products for which the right of withdrawal cannot be executed” specified in this contract. If such right is executed,
a) Invoice of the product delivered to the BUYER or a third person,
(If the invoice of the goods to be returned is a corporate invoice, it should be sent with the return invoice issued by the company. Return of orders, the invoice of which has been issued in the name of a company, cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Box, packaging and standard accessories, if any, of the goods to be returned should be delivered completely and without any damage.
d) SELLER is obliged to return the total price and documents that burden the BUYER with debt within 10 days at the latest after receiving the notification of withdrawal, and to accept the return of goods within 20 days.
e) If the value of goods decreases or it becomes impossible to return the goods due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to his/her fault. However, the BUYER is not responsible for changes and deformations arising from using the goods or products in due form within the period for the right of withdrawal.
f) If the execution of the right of withdrawal leads to dropping below the limit amount of the campaign organized by the SELLER, the discount used within the scope of the campaign is cancelled.

10. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXECUTED
As per the Regulation, it is not possible to return bottom parts of underwear, swimming suits and bikinis, cosmetics, single-use products that are prepared in line with the BUYER’s request or personal need and are not suitable for return; perishable or expirable goods; products that are not suitable for return in terms of health and hygiene if unwrapped after delivered to the BUYER; products that are mixed with other products after delivery and cannot be separated by its nature; goods related to periodicals such as newspapers and magazines, except those provided within the scope of a subscription contract; services performed instantly in electronic media or intangible goods delivered instantly to the consumer; and audio or visual records, books, digital contents, software products, data recording and storage devices, computer consumables if unwrapped by the BUYER. Moreover, it is not possible to execute the right of withdrawal for services, the performance of which starts with the consumer’s approval before the period for the right of withdrawal expires, as per the Regulation.
Cosmetic and personal care products, underwear products, swimming suits and bikinis, books, duplicatable software and programs, DVDs, VCDs, CDs and cassettes, and consumable office supplies (toners, cartridges, ribbons etc.) should be unpackaged, untried, undamaged and unused to be returned.

11. BEING IN DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that, in case of being in default of payment via credit card, he/she will pay interest within the scope of the credit card contract with the issuing bank, and be liable against the bank. In this case, the related bank may take legal action, and request the BUYER to cover possible expenses and attorney’s fees. BUYER accepts, declares and undertakes to cover the SELLER’s damage and loss under all circumstances, due to delayed discharge of debt by the BUYER.

12. COMPETENT COURT
In case of disputes arising from this contract, complaints and objections shall be submitted to the arbitration committee for consumer problems or consumer court at the place where the consumer’s residential area is located or consumer transactions are carried out, within the scope of the monetary limits specified in the law below. Information on the monetary limits is as follows:
Effective as of 01/01/2020, applications should be made to:
a) District consumer arbitration committees in disputes under 6.920 (six thousand nine hundred and twenty) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 10.390 (ten thousand three hundred and ninety-one) Turkish Liras in the centers of provinces that do not have metropolitan status,
d) Provincial consumer arbitration committees have been assigned in the disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in the districts of the provinces that are not metropolitan. This Contract is drawn up for commercial purposes.

13. ENFORCEMENT
BUYER is considered to have accepted all conditions of this contract when he/she makes the payment for the order via the Website. SELLER is obliged to make necessary software arrangements to ensure receipt of confirmation that this contract is read and accepted by the BUYER on the website before realization of the order.
SELLER: Efecan Servis Ekipmanları ve Boya Kabinleri Sanayi ve Ticaret LIMITED Şirketi
BUYER:
DATE: