Uzak Mesafe Sözleşmesi | Donizetti Darbuka

Long Distance Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is hereby entered into between the following parties under the terms and conditions stipulated below:

‘BUYER’ (hereinafter referred to as "BUYER" in this Agreement)

Name Surname:
Address:

‘SELLER’ (hereinafter referred to as "SELLER" in this Agreement)

Name Surname: Donizetti Muzik Aletleri San. Tic. Ltd. Şti
Address: Mehmet Akif Mh. Dilek Sk. No: 9/B Ümraniye- Istanbul

By accepting this Agreement, the BUYER acknowledges in advance that by approving the order, they will be obligated to pay the cost of the order, along with any additional specified fees such as shipping charges or taxes, and confirm that they have been duly informed of these obligations.

2. DEFINITIONS

For the purpose of applying and interpreting this Agreement, the terms listed below shall bear the meanings ascribed to them:

MINISTER: The Minister of Customs and Trade.
MINISTRY: The Ministry of Customs and Trade.
LAW: Law on Consumer Protection No. 6502.
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188).
SERVICE: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed for a fee or benefit.
SELLER: The company that offers goods to the consumer within its commercial or professional activities, or acts on behalf or account of the entity offering goods.
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The internet website belonging to the SELLER.
ORDERER: A natural or legal person who requests a good or service through the SELLER's internet website.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This agreement concluded between the SELLER and the BUYER.
GOODS: Refers to movable property subject to purchase, and intangible goods prepared for electronic use such as software, audio, video, and similar.

3. SUBJECT MATTER

This Agreement defines the rights and obligations of the parties concerning the sale and delivery of the product, whose specifications and sales price are detailed below, electronically ordered by the BUYER via the SELLER's website. This is in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

Prices listed and advertised on the site are sales prices. Advertised prices and offers remain valid until updated or changed. Prices advertised for a limited period are valid only until the end of that specified period.

4. SELLER INFORMATION

Title: Donizetti Muzik Aletleri San. Tic. Ltd. Şti
Address: Mehmet Akif Mh. Dilek Sk. No: 9/B Ümraniye- Istanbul
Phone: 08504955660
Fax: 08504955660
Email: destek@donizettimuzik.com

5. BUYER INFORMATION

Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:

6. ORDERING PARTY INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:

7. AGREEMENT PRODUCT/PRODUCTS INFORMATION

7.1. The essential characteristics (type, quantity, brand/model, color, number) of the goods/product/products/service are published on the SELLER's website. If the SELLER has organized a campaign, you may review the essential characteristics of the relevant product during the campaign period. The offer remains valid until the campaign date.

7.2. The prices listed and advertised on the site are sales prices. Advertised prices and offers remain valid until updated or changed. Prices advertised for a limited period are valid only until the end of that specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is detailed below:

Item

Details

Product Description

Quantity

Unit Price

Subtotal

(Including VAT):

Shipping Cost

Total

E-Tablolar'a aktar

Payment Method and Plan:
Delivery Address:
Recipient:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method: Cargo

7.4. The shipping cost of the product will be borne by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered along with the order to the invoice address during order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have reviewed and understood the preliminary information regarding the fundamental characteristics, sales price, payment method, and delivery of the product subject to this Agreement on the SELLER's website, and have provided the necessary electronic confirmation. The BUYER further accepts, declares, and undertakes that by electronically confirming the Preliminary Information, they have accurately and completely obtained the address to be provided by the SELLER to the BUYER before the distance sales agreement is established, the fundamental characteristics of the ordered products, their prices including taxes, and payment and delivery information.

9.2. Each product subject to this Agreement shall be delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period indicated in the preliminary information section of the website, provided it does not exceed the legal maximum period of 30 days, depending on the distance of the BUYER's residence. Should the product fail to be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in conformity with the qualities specified in the order, and with any warranty documents, user manuals, and necessary information and documents. The SELLER also commits to delivering the product free from defects, in a robust manner in accordance with legal regulations and standards, to perform the work with integrity and honesty, to maintain and enhance service quality, to exercise due care and diligence during performance, and to act with foresight and prudence.

9.4. The SELLER may provide a different product of equivalent quality and price, provided that the BUYER is informed and grants explicit approval before the expiration of the SELLER's performance obligation under the Agreement.

9.5. Should the SELLER be unable to fulfill its obligations under the Agreement due to the impossibility of delivering the ordered product or service, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of becoming aware of such impossibility, and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes to electronically confirm this Agreement for the delivery of the product. The BUYER further accepts, declares, and undertakes that should the price of the product be unpaid and/or the transaction be cancelled in bank records for any reason, the SELLER’s obligation to deliver the product subject to this Agreement shall cease.

9.7. The BUYER accepts, declares, and undertakes that if, subsequent to the delivery of the product subject to this Agreement to the BUYER or the person and/or entity at the address designated by the BUYER, the product price is not reimbursed to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card, the BUYER shall return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. If the SELLER is unable to deliver the product subject to the agreement within the stipulated period due to force majeure events, such as unforeseen circumstances beyond the parties' control that prevent and/or delay their obligations, the SELLER accepts, declares, and undertakes to inform the BUYER of the situation. The BUYER, in turn, has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is resolved. If the order is canceled by the BUYER, for payments made in cash, the product amount will be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely dependent on the bank's transaction process, the BUYER cannot hold the SELLER responsible for any potential delays.

9.9. The SELLER reserves the right to contact the BUYER for communication, marketing, notifications, and other purposes via mail, email, SMS, phone calls, and other means, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site's registration form or subsequently updated by them. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities targeting them.

9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged or defective goods/services such as those that are dented, broken, or have torn packaging from the shipping company. Goods/services received will be deemed undamaged and sound. The obligation to protect the goods/services carefully after delivery rests with the BUYER. If the right of withdrawal is exercised, the goods/services must remain unused. The invoice must be returned.

9.11. Should the BUYER and the credit card holder used during the order not be the same person, or if a security vulnerability related to the credit card used for the order is detected prior to the product's delivery to the BUYER, the SELLER may request the BUYER to provide identity and contact information for the credit card holder, the previous month's statement for the credit card used in the order, or a written confirmation from the card holder's bank verifying ownership of the credit card. The order will be paused for the duration it takes for the BUYER to furnish the requested information/documents, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during membership registration on the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.

9.13. The BUYER agrees and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's internet website. Otherwise, all legal and criminal liabilities arising therefrom shall rest entirely and exclusively with the BUYER.

9.14. The BUYER shall not use the SELLER's website in any manner that disrupts public order, violates general morality, causes annoyance or harassment to others, serves an unlawful purpose, or infringes upon the material and moral rights of others. Furthermore, the member shall not engage in activities (such as spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.

9.15. The SELLER’s website may contain links to other websites and/or content not under the SELLER's control and/or owned and/or operated by third parties. These links are provided solely for the convenience of the BUYER and do not imply endorsement of any website or the entity operating it, nor do they constitute any guarantee regarding the information contained within the linked website.

9.16. Any member who violates one or more of the articles enumerated in this Agreement shall be personally responsible, both criminally and legally, for such violation and shall indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore, should such a violation lead to legal action, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In the case of distance contracts for the sale of goods, the BUYER may exercise their right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without stating any reason, provided they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the designated person/organization at the specified address. For distance contracts concerning the provision of services, this period commences from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the provision of the service has begun with the consumer's approval before the withdrawal period has expired. Expenses arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions stipulated in this Agreement. If this right is exercised:

a) The invoice for the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed unless a RETURN INVOICE is provided.) b) A return form must be submitted. c) The returned products must be delivered complete and undamaged, including their box, packaging, and any standard accessories. d) The SELLER is obligated to refund the total amount and return any documents that bind the BUYER to debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification, and to retrieve the goods within 20 days. e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obligated to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the good or product within the right of withdrawal period. f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

As per the Regulation, it is not possible to return products prepared according to the BUYER's wishes or clearly personal needs and which are not suitable for return, including:

Bottom parts of underwear, swimwear bottoms, make-up materials.
Single-use products, goods that are likely to deteriorate quickly or expire.
Products whose packaging has been opened by the BUYER after delivery and are not suitable for return for health and hygiene reasons.
Products that mix with other products after delivery and cannot be separated due to their nature.
Goods related to periodic publications such as newspapers and magazines, except for those provided under subscription agreements.
Services performed instantly in electronic environments or intangible goods delivered instantly to the consumer.
Audio or visual recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER.

Furthermore, as per the Regulation, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the end of the withdrawal period.

For cosmetics and personal care products, underwear products, swimwear, books, copyable software and programs, DVD, VCD, CD, cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be eligible for return, their packaging must remain unopened, they must not have been tried, damaged, or used.

12. DEFAULT AND LEGAL CONSEQUENCES

Should the BUYER default on payment transactions made via credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement with the cardholder's bank and will be liable to the bank. In such an event, the relevant bank may pursue legal action, demand resulting expenses and attorney's fees from the BUYER. In any circumstance where the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

13. AUTHORIZED COURT

In disputes arising from this Agreement, complaints and objections shall be directed to the consumer arbitration committee or consumer court located at the consumer's place of residence or where the consumer transaction took place, provided they fall within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:

Effective from 28/05/2014:

For disputes with a value below 2,000.00 TL (two thousand Turkish Lira), applications shall be made to district consumer arbitration committees, as per Article 68 of Law No. 6502 on Consumer Protection.
For disputes with a value below 3,000.00 TL (three thousand Turkish Lira), applications shall be made to provincial consumer arbitration committees.
In provinces with metropolitan status, for disputes with a value between 2,000.00 TL (two thousand Turkish Lira) and 3,000.00 TL (three thousand Turkish Lira), applications shall be made to provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

The BUYER shall be deemed to have accepted all terms of this Agreement upon completing the payment for their order placed through the Site. The SELLER is obligated to implement the necessary software arrangements on the site to obtain the BUYER's confirmation that this Agreement has been read and accepted prior to the completion of the order.

SELLER: Donizetti Muzik Aletleri San. Tic. Ltd. Şti BUYER: DATE: