Distance Selling Agreement
1. PARTIES
This Agreement is entered into between the following parties under the terms and conditions stated below:
"BUYER" (hereinafter referred to as the "BUYER"):
NAME: ADDRESS:
"SELLER" (hereinafter referred to as the "SELLER"):
PINECONE TEKNOLOJİ LİMİTED ŞİRKETİ ADDRESS: KIZILIRMAK MAH. DUMLUPINAR BLV. A NO: 9 A İÇ KAPI NO: 158 ANKARA 06510 TR
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be liable for the payment of the order amount and any additional fees such as shipping, taxes, and customs duties, and has been informed of this matter.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall have the meanings ascribed to them below:
MINISTER: The Minister of Customs and Trade MINISTRY: The Ministry of Customs and Trade LAW: Consumer Protection Law No. 6502 REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) SERVICE: Any consumer transaction subject to a fee or benefit, other than the provision of goods, SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or on the account of the company offering the goods, BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, WEBSITE: The website belonging to the SELLER, ORDERER: A real or legal person who requests a good or service through the SELLER's website, PARTIES: The SELLER and the BUYER, AGREEMENT: This agreement concluded between the SELLER and the BUYER, GOODS: Movable property subject to purchase and intangible goods such as software, sound, image, and similar prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs 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(s), the characteristics and sale price of which are specified below, and which the BUYER has ordered electronically through the SELLER's website.
The prices listed and advertised on the website are the selling prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title Address Phone Fax Email
5. BUYER INFORMATION
Name of the Recipient Delivery Address Phone Fax Email/Username
6. ORDERER INFORMATION
Name/Surname/Title Address Phone Fax Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the Good(s)/Product(s)/Service(s) (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign is organized by the SELLER, you can review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date. 7.2. The prices listed and advertised on the website are the selling prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period. 7.3. The total sale price of the goods or services subject to the agreement, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan Delivery Address Recipient Billing Address Order Date Delivery Date Delivery Method
7.4. The shipping cost, which is the product shipment cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title Address Phone Fax Email/Username
Invoice delivery: The invoice will be delivered to the billing address together with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sale price, payment method, and delivery of the product subject to the agreement on the SELLER's website and have given the necessary confirmation electronically. The BUYER's electronic confirmation of the Preliminary Information constitutes acceptance, declaration, and undertaking that they have accurately and completely acquired the address, basic characteristics of the ordered products, the price of the products including taxes, payment, and delivery information to be provided by the SELLER to the BUYER before the conclusion of the distance sales contract.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the time period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, without exceeding the 30-day legal period. If 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 completely, in accordance with the qualities specified in the order, and with any warranty documents, user manuals, necessary information, and documents, free from any defects, in a sound manner in accordance with legal requirements, in compliance with standards, in accordance with the principles of honesty and integrity, to maintain and improve service quality, to show necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price with the express consent of the BUYER, obtained after informing the BUYER before the expiry of the performance obligation arising from the contract.
9.5. If the fulfillment of the product or service subject to the contract becomes impossible, and the SELLER cannot fulfill its contractual obligations, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total price 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 that if the product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares, and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER in case of force majeure events, such as those that develop outside the will of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties' debts, due to which the SELLER cannot deliver the product subject to the contract within the specified period. In this case, the BUYER has the right to request the cancellation of the order, replacement of the product subject to the contract with its equivalent if available, and/or postponement of the delivery period until the impediment is removed. If the order is canceled by the BUYER, in cases where the BUYER has made the payment in cash, the product amount will be paid to them in cash and in one lump sum within 14 days. In cases where the BUYER has made the payment with a credit card, the product amount will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's accounts by the bank may take 2 to 3 weeks and that since the reflection of this amount in the accounts after it is returned to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to communicate with the BUYER for communication, marketing, notification, and other purposes through letters, emails, SMS, phone calls, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER on the registration form on the website or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the aforementioned communication activities directed towards them.
9.10. The BUYER will inspect the goods/services subject to the contract before taking delivery; they will not accept dented, broken, torn packaging, etc., damaged and defective goods/services from the cargo company. The delivered goods/services will be considered undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
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