DISTANCE SALES AGREEMENT
CONTRACT NO: …………………
DATE: (To be specified on the date of contract execution)
ARTICLE 1 – SUBJECT:
This contract regulates the mutual rights and obligations of the SELLER and the ORDERING PARTY/BUYER in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) listed below, as sold by the SELLER to the BUYER.
ARTICLE 2 – SELLER INFORMATION:
- Company Name: CSM Binicilik Malzemeleri ve Hizmetleri A.Ş. (Hereinafter referred to as “SELLER”)
- Address: Orta Mah. Topkapı Maltepe Cad. No: 20-22, İç Kapı No: 4, Bayrampaşa / Istanbul
- Phone: ……………….
- Fax: ……………………..
- Email: ……………………..
- MERSIS No: 0215060283500001
ARTICLE 3 – PRODUCT(S) SUBJECT TO THE CONTRACT:
The type, quantity, brand/model, color, unit price, payment method, and preferred alternatives of the goods/products/services are as follows:
PRODUCT NAME QUANTITY AMOUNT
……………………… …………………… ………………
- Delivery Fee: ……………… TL (to be paid by the ORDERING PARTY/BUYER)
- Payment Method: Online Credit Card Payment
- Order Date: …../06/2022
- Estimated Delivery Date: ……/06/2025 between 16:30 - 18:30
- Total Order Amount After Discounts: …………… TL
- Delivery Method: Home Delivery
ARTICLE 4 – ORDERING PARTY INFORMATION:
(Hereinafter referred to as “ORDERING PARTY”)
- Name/Title: MEHMET DURMAZ
- Address: …………………………………………
- Phone: 5424655902
- Fax: -
- Email/Username: …………………………….
ARTICLE 5 – BUYER INFORMATION:
(Hereinafter referred to as “BUYER”)
- Recipient: MEHMET DURMAZ
- Delivery Address: ………………………………….
- Phone: 5424655902
- Fax: -
- Email/Username: ……………………………
ARTICLE 6 – INVOICE INFORMATION:
- Name/Title: ………………………..
- Billing Address: …………………………………
- Phone: 5424655902
- Fax: -
- Email/Username: ……………………………
- Invoice Delivery: The invoice will be delivered to the delivery address along with the order.
ARTICLE 7:
The ORDERING PARTY/BUYER is obliged to pay the following service charges calculated after applying all campaigns and discounts on the total order amount.
- Orders below 299.99 TL: 6.99 TL (VAT included)
- Orders 300 TL and above: Free
Shipping fees via courier:
- Orders below 299.99 TL: 11.90 TL (VAT included)
- Orders 300 TL and above: Free
The SELLER reserves the right to restrict delivery to remote regions as determined operationally, based on minimum order amounts.
The ORDERING PARTY/BUYER is responsible for paying the courier delivery charge.
ARTICLE 8:
According to Articles 5/1n and 5/1o of the Packaging Waste Control Regulation: “Plastic bags may not be provided free of charge to users or consumers at sales points, including sales conducted through distance contracts, as of 1/1/2019. Nor may they be included in any promotional or campaign materials that provide free access to such bags. Very lightweight plastic bags are exempt.”
The ORDERING PARTY/BUYER accepts and agrees that they will be charged for the plastic bags used based on the content of their order.
ARTICLE 9:
If the ORDERING PARTY/BUYER requests to cancel or return the product(s) during delivery at the door or online, the SELLER reserves the right to demand the service fees indicated in ARTICLE 7 based on the revised total order amount after cancellation or return. This does not apply to deliveries made by courier.
ARTICLE 10:
The ORDERING PARTY as stated in Article 4, the BUYER as stated in Article 5, and the BILLING INFORMATION as stated in Article 6 may belong to the same or different individuals. If they belong to different individuals, the ORDERING PARTY is responsible for all provided and confirmed information. Rights and obligations applicable to both the ORDERING PARTY and the BUYER are addressed collectively as ORDERING PARTY/BUYER.
ARTICLE 11:
The ORDERING PARTY confirms that the information provided in Article 4 is accurate and that the information in Article 5 pertains to the BUYER. If the BUYER cannot be reached with the provided information, the SELLER bears no responsibility, and all liability lies with the ORDERING PARTY.
ARTICLE 12:
Consumer complaints and objections may be submitted to the Consumer Arbitration Committees or Consumer Courts located in the BUYER’s place of residence or where the goods or services were purchased, within the monetary limits set forth by the Law on the Protection of Consumers No. 6502.
ARTICLE 13:
This service is intended solely for retail sale and final consumer use. Even if a preliminary information form and/or sales agreement has been created for bulk or resale-intended orders, the SELLER reserves the right to cancel and refuse delivery of such orders. In the event of cancellation, the SELLER will refund the ORDERING PARTY/BUYER in the same manner that payment was received. The services under this contract are strictly for individual deliveries.
ARTICLE 14:
This information is provided for commercial purposes using remote communication tools and is shared in good faith in a manner that protects minors and individuals lacking legal capacity or with limited capacity.
ARTICLE 15:
The ORDERING PARTY/BUYER acknowledges and declares that any price differences resulting from weighted items or alternative product substitutions will be reflected in the total amount due and agrees to pay the SELLER the adjusted amount.
ARTICLE 16:
If the ORDERING PARTY/BUYER's ordered product(s) cannot be supplied for any reason, the ORDERING PARTY/BUYER may select alternative products. If “Let the Seller Decide” is selected as the preference for alternative products, the ORDERING PARTY/BUYER agrees and declares that alternative products will be selected by the SELLER. If no preference is specified, the ORDERING PARTY/BUYER acknowledges and accepts that in case the ordered products are unavailable, alternative products may be selected by the SELLER and shall be deemed acceptable by the ORDERING PARTY/BUYER.
ARTICLE 17:
If the ORDERING PARTY/BUYER selects alternative products in accordance with Article 16, the ORDERING PARTY/BUYER agrees and declares that such alternatives will be delivered at the store price valid on the day of delivery. If the ORDERING PARTY/BUYER defers their current order to a later date, they agree to receive the products at the prices and based on the stock availability on that specific future date.
ARTICLE 18:
The product(s) subject to this contract shall be delivered to the address indicated by the ORDERING PARTY/BUYER within the legal period of 30 days, based on the delivery date or execution date of this agreement, depending on the distance of the BUYER’s location.
ARTICLE 19:
In order for the Distance Sales Agreement to take effect, it must be electronically approved by the ORDERING PARTY.
ARTICLE 20:
The delivery of the products is contingent on the contract being electronically approved and sent to the SELLER, and the transfer of the total price to the SELLER’s account through the payment method selected by the ORDERING PARTY/BUYER. If the amount is not transferred or is reversed in bank records, the SELLER is released from the delivery obligation.
ARTICLE 21:
The ORDERING PARTY acknowledges, declares, and confirms in electronic form that they have read and understood the fundamental characteristics, sale price, payment method, and delivery information related to the products listed in Article 3.
ARTICLE 22:
If the products are to be delivered to a third party other than the ORDERING PARTY/BUYER, the SELLER cannot be held liable if the recipient refuses to accept delivery. In such cases, all responsibility lies with the ORDERING PARTY/BUYER.
ARTICLE 23:
If the ORDERING PARTY places an order for wholesale or resale purposes, the SELLER reserves the right to reject and cancel such orders. The number of units allowed for bulk purchasing per product is limited to a maximum of …….. (……..). The SELLER reserves the right not to deliver orders exceeding this quantity.
ARTICLE 24:
The SELLER is responsible for delivering the products in sound, complete condition, conforming to the specifications stated in the order, and accompanied by applicable warranty certificates and user manuals, if any.
ARTICLE 25:
The ORDERING PARTY/BUYER is obliged to inspect the products upon delivery and, if the delivery is complete, to sign the invoice to confirm full and proper delivery. A signed invoice implies that the products were delivered in full. In such cases, the ORDERING PARTY/BUYER cannot raise any claims regarding incomplete delivery.
ARTICLE 26:
If the SELLER cannot deliver the product(s) within the period due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, or interruptions in logistics, the SELLER must inform the ORDERING PARTY/BUYER within three days. The ORDERING PARTY/BUYER may then choose to cancel the order, replace the product(s) with an alternative, or postpone the delivery until the obstructing condition is resolved. If cancellation is chosen, the total amount paid shall be refund...
ARTICLE 27:
If the product(s) are not in stock, the SELLER shall inform the ORDERING PARTY/BUYER of the situation and refund the total amount paid and any associated obligations within 14 days at the latest. In this case, the SELLER is not obligated to deliver the product(s).
ARTICLE 28:
This agreement becomes valid once it is signed electronically by the ORDERING PARTY and delivered to the SELLER.
ARTICLE 29:
Deliveries shall be made exclusively to the address specified by the ORDERING PARTY when placing the order. No delivery shall be made to any other location even if requested by the ORDERING PARTY/BUYER. Indeterminate locations such as parking lots, in front of buildings, or parks are not accepted as delivery addresses. Deliveries must be made to clearly designated locations like workplaces, apartments, houses, or shops. The ORDERING PARTY/BUYER accepts these terms.
ARTICLE 30:
In case of delivery or provision of goods/services not ordered, the SELLER has the right to retrieve such goods or services after notifying the ORDERING PARTY/BUYER via phone or email. If payment is not made, the ORDERING PARTY/BUYER must return the items by courier at the SELLER’s expense or directly return them to the SELLER.
ARTICLE 31:
The SELLER is not responsible for price, product, or update errors caused by technical issues.
ARTICLE 32 – RIGHT OF WITHDRAWAL:
32.1 - The ORDERING PARTY/BUYER has the right to withdraw from the contract within 14 days without giving any reason and without incurring any penalty. In the case of goods, the period begins on the day the product is received; for services, it starts on the date of contract formation. The right of withdrawal may also be used within the period between the contract date and the delivery of the goods.
- a) For orders involving multiple items delivered separately: the date the last item is received.
- b) For orders consisting of multiple pieces: the date the last piece is received.
- c) For orders involving regular delivery: the date the first item is received.
In contracts involving both goods and services, the withdrawal rules concerning goods apply.
32.2 - A written notice of withdrawal must be submitted to the SELLER within the specified 14-day period via the contact details listed in Article 2. The original invoice must be returned along with the product.
32.3 - Upon receipt of the withdrawal notice, the SELLER shall refund the total amount paid, including delivery costs (if any), within 14 days, using the same method of payment, without imposing any fees or obligations.
32.4 - The ORDERING PARTY/BUYER is obligated to return the product to the SELLER or its authorized representative within 14 days from the date the withdrawal notice is sent.
32.5 - The right of withdrawal may not be exercised in the following cases:
a) Products/services whose price is subject to fluctuations in financial markets and not under the SELLER's control.
b) Goods prepared in line with the BUYER’s preferences or personal needs.
c) Goods that may perish quickly or expire soon.
d) Goods not suitable for return due to hygiene or health reasons, if opened after delivery.
e) Goods that are mixed with others after delivery and cannot be separated due to their nature.
f) Digital content and computer accessories delivered in material form, if opened.
g) Contracts related to accommodation, transportation, car rental, catering, and leisure services for specific dates.
h) Services delivered instantly in electronic form or intangible goods delivered instantly to the BUYER.
32.6 - A reduction in value or impossibility of return caused by the BUYER does not invalidate the right of withdrawal, but the BUYER must compensate the SELLER for the diminished value.
32.7 - All returns must be made in their original packaging with protective elements intact. In cases involving defective goods, returns will be accepted after verification by an authorized service center, along with all accessories.
ARTICLE 33:
In case of disputes, Consumer Arbitration Committees or Consumer Courts located in the BUYER’s residence or where the service/product was purchased are authorized within the monetary limits defined by the Law on the Protection of Consumers. The parties shall first seek amicable resolution through mutual goodwill.
ARTICLE 34 – PERSONAL DATA / COMMERCIAL COMMUNICATION / SHARING / PRIVACY:
The BUYER allows the collection, storage, processing, classification, analysis, and sharing of personal data such as purchase information, name, surname, mobile number, city, gender, and location data obtained through electronic systems, for promotional, analytical, marketing, and communication purposes. Such data may be shared with program partners, GSM operators, social media platforms, and courier companies as service providers.
Unless otherwise stated, the BUYER consents to the retention, sharing, and processing of existing data even after membership termination.
The BUYER may change data-sharing preferences via communication channels provided by the programs.
The SELLER may share aggregate user information (excluding identifiable data such as name and surname) with partners (including investors), media, and other third parties.