DISTANCE SALES CONTRACT
- PARTIES TO THE AGREEMENT
1.1. BUYER
Name/Surname/Title:
Address:
Phone:
Email Address:
1.2. SELLER
Title: Çeşit Mensucat A.Ş
Address: Halkalı Asfaltı No:193 Sefaköy/Istanbul-TURKEY
Phone: +90 212 426 71 71
Email Address: info@cesit.com
2. SUBJECT OF THE AGREEMENT
The subject of this agreement is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette No. 27866 on 06.03.2011 and all other legal regulations and practices regarding the purchase/sale and delivery of the product/s with the characteristics and sales price specified below, which the Buyer ordered electronically from the cesit.com domain website belonging to the Seller.
3. PRODUCT(S) SUBJECT TO THE AGREEMENT
3.1. The type, nature, quantity, model, color, sales price, and delivery details of the product(s) are as follows:
Payment Method and Plan:
Product Information: ....
Product Sales Price: ....
Recipient: ....
Delivery Address: ....
Billing Address: ....
Shipping Cost: ....
The delivery of the product(s) will be made to the BUYER's address specified above via the shipping company. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be considered to have fulfilled their obligation completely and accurately. Therefore, the BUYER will bear any damages resulting from a delay in receiving the product, as well as any costs associated with the product being held at the shipping company and/or returned to the SELLER.
Shipping Cost: For purchases up to 1,000.00 Turkish Lira, the shipping cost is charged at a minimum of 20 TL per product, with the maximum fee varying according to the weight of the product.
3.2. Payment Method: Installment Payment by Credit Card
The BUYER acknowledges, declares, and agrees that due to installment sales being made only with credit cards issued by Banks, they will separately confirm the applicable interest rates and default interest information with their bank. They further agree that the provisions related to interest and default interest will be governed by the credit card agreement between the Bank and the BUYER, in accordance with the current legislation.
In installment transactions, the provisions of the agreement signed between the BUYER and the issuing bank of the card are applicable. The credit card payment date is determined according to the terms of the agreement between the bank and the BUYER. Additionally, the BUYER can track the number of installments and payments through the account statement sent by the bank.
Credit card additional service fees are specified on the invoice sent to the customer.
4. GENERAL CONDITIONS
4.1. The BUYER declares that they have read and understood the basic features, sales price, payment method, delivery information, and other preliminary information about the product(s) on the SITE, and that they have provided the necessary electronic confirmation regarding these matters.
4.2 By confirming the preliminary information electronically, the BUYER acknowledges that before entering into distance contracts, they have accurately and completely obtained information about their address, the basic features of the ordered product(s), the price including taxes in Turkish Lira, and payment and delivery details.
4.3 The prices listed and announced on the site are the sales prices. The announced prices and offers are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period. However, in the case of pricing errors due to mistakes or delays in updates by the supplier, the current price that will be notified to the customer is valid. In cases of error where more has been charged than the cost of the goods/services, the difference will be refunded. If the real price of the goods/service is different from the announced price, the real price will be notified to the buyer. Depending on the customer's request, the sale is made at the actual price or the sale is cancelled. SELLER is not responsible for price errors that occur due to typesetting and system errors.
4.4 The SELLER cannot be held responsible for any issues that the shipping company encounters during the delivery of the product to the BUYER, and/or for any other reasons not caused by the SELLER, including the failure to deliver the ordered product to the BUYER under any name or circumstance.
4.5 SELLER is responsible for delivering the product(s) subject to the contract intact, complete, with the qualities specified in the order, and with warranty documents and user manuals, if any.
4.6 Before the expiration of the performance obligation under the contract, the SELLER may supply different products of equal quality and price, provided that the BUYER is informed and gives explicit consent.
4.7 If it becomes impossible for the SELLER to fulfill their obligations under the contract, the SELLER will notify the BUYER of this situation before the expiration of the performance obligation period and will refund the total amount collected in cash and immediately within 15 days.
4.8 The preliminary information form must be confirmed electronically for the delivery of the product(s). If for any reason the payment for the product(s) is not made or is canceled in the bank records, the SELLER is relieved of the obligation to deliver the product.
4.9 If the relevant bank or financial institution does not pay the price of the product/s to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product/s, the BUYER must return the product/s to the SELLER within 3 days, provided that it has been delivered to them. Otherwise, the BUYER acknowledges, declares, and agrees that the SELLER will seek all possible means to recover the product amount along with interest from the BUYER.
4.10 If the SELLER cannot deliver the product(s) subject to the agreement within the specified time due to force majeure, adverse weather conditions, transportation interruptions, or other extraordinary situations, the SELLER will inform the BUYER of this situation. In such a case, the BUYER may (i) cancel the order, (ii) request the replacement of the product(s) with a similar product if available, and/or (iii) request an extension of the delivery time until the force majeure or obstructive condition is resolved. If the BUYER cancels the order, the total amount paid will be refunded in cash and immediately within 15 days. For payments made by the BUYER with a credit card, the amount for the product(s) will be refunded to the relevant bank within 15 days following the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER’s account depends entirely on the bank’s processing time, the BUYER acknowledges and agrees that the SELLER cannot intervene in any possible delays and that the time it takes for the refund to appear in the BUYER’s account is not the SELLER's responsibility.
4.11 In cases where the BUYER exercises the right of withdrawal, or if the product(s) subject to the order cannot be supplied for various reasons, or in situations where the Consumer Protection Board decides to refund the amount to the consumer, if the purchase was made with a credit card and in installments, the credit card refund procedure is as follows:
For product returns, only the product price will be refunded, excluding the shipping cost paid during the order. If the total order amount falls below the free shipping threshold as a result of the return, the shipping cost incurred will be deducted from the refund amount, and the remaining balance will be paid.
The bank may refund the BUYER in installments corresponding to the number of installments in which the BUYER received the product. After the SELLER has paid the full product price to the bank in a single payment, if the bank issues a refund for installment transactions made via POS, the requested refund amounts may also be transferred to the respective accounts of the involved parties in installments by the bank to avoid any parties being disadvantaged. The installments paid by the BUYER until the sale cancellation will be refunded as one installment per month if the refund date does not coincide with the card's statement dates. After the installment payments are completed, the BUYER will receive the number of months equivalent to the number of installments paid before the return, and the amount may be deducted from their existing debt.
In the case of a refund for goods and services purchased with a credit card, the SELLER cannot make a cash refund to the customer according to the agreement with the bank. The credit card refund can only be processed by the bank according to the procedure described above after the SELLER makes a single payment to the bank.
For payments made by cash on delivery or bank transfer/EFT, the refund will be made by requesting the consumer’s bank account information and transferring the amount to the account specified by the consumer (the account must be in the name of the person specified on the invoice) via bank transfer and/or EFT.
5. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on transactions made with their credit card, they will be responsible for paying interest and any charges to the bank under the credit card agreement with the bank. In such cases, the bank may take legal action, request any incurred expenses and attorney fees from the BUYER, and in any case of default by the BUYER, the BUYER agrees to compensate the SELLER for any damages and losses resulting from the delayed fulfillment of the debt.
6. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The BUYER may exercise their right of withdrawal from the agreement for the sale of the product(s) within 14 (fourteen) days from the date of delivery of the product(s) to themselves or to the person/entity at the address they provided, without assuming any legal or penal liability and without providing any reason, by rejecting the product(s) and without paying any shipping costs.
To exercise the right of withdrawal from the agreement, the BUYER must notify the SELLER within the 14-day period via registered mail or email, and the product must not have been used in accordance with the provisions of Article 6 below.
In the event of exercising the right of withdrawal from the agreement:
The product(s) delivered to the BUYER or the person/entity indicated by the BUYER must be:
(i) Returned with the invoice, and must be complete and undamaged. Important Note: If the product(s) to be returned have a corporate invoice, they must be returned with the return invoice issued by the institution. Returns of orders invoiced to institutions will not be processed unless a RETURN INVOICE is provided.
(ii) The original box, packaging, and any standard accessories must not be damaged. Products with damaged original boxes/packaging, opened boxes, or those that have been used even once, with shipping labels attached directly to the original box or sealed with shipping tape, will not be accepted. Products that have lost their resellable condition or will not be purchased by another buyer will not be accepted for return by the SELLER.
(iii) The SELLER will refund the total amount and return any documents that obligate the BUYER within a maximum of 15 days from the receipt of the withdrawal notice and will accept the return of the product(s).
(iv) If there is a decrease in the value of the product(s) or if the return becomes impossible due to reasons attributable to the BUYER's fault, the BUYER will compensate the SELLER for damages proportionate to the fault. The BUYER is responsible for any deterioration or value loss of the product and accompanying documents and materials caused by shipping companies or by the BUYER during the return process. In such cases, the SELLER is not obligated to accept the returned products or refund the amount.
(v) If the use of the right of withdrawal results in falling below the campaign limit amount established by the SELLER, any discounts obtained under that campaign will be canceled.
(vi) In cases of defects, dissatisfaction, etc., related to the product, the BUYER is required to present the product invoice and the attached return form. Returns of products for which the return form is not filled out or the invoice is not presented will not be accepted by the SELLER.
Products that are returned with a presented invoice and a completed return form, and which are defective or the subject of complaints, will be evaluated by the SELLER within 1 week. If the BUYER's complaint is found to be valid, the SELLER will contact the BUYER and refund the amount within 15 days.
If the customer returns the product or cancels the purchase, and if the returned product is not defective or if the packaging is not damaged, the amount of the product will be refunded to the BUYER within 15 days from the moment the product reaches the SELLER’s warehouse.
The SELLER will not accept returns or provide refunds for products if there is any opening, use, damage, breakage, destruction, tearing, or other such conditions found on the product or packaging, or if the product is not returned in the same condition as when it was delivered to the customer.
7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that cannot be returned due to their nature include single-use items, rapidly perishable products, or those that are likely to expire, and products with any signs of opening, use, damage, breakage, destruction, tearing, or similar conditions. Additionally, the BUYER cannot exercise the right of withdrawal for the following contracts:
a) Service contracts for which performance has begun with the consumer's consent before the withdrawal period has expired.
b) Contracts for the delivery of goods that are prepared according to the consumer’s wishes or personal needs, which are not suitable for return due to their nature, have been opened and/or used, and are at risk of rapid deterioration or have a likelihood of expiration.
8. RECORDING A SHORTAGE OF PRODUCTS
The BUYER, in cases where the order contains multiple products, should be aware that the SELLER may ship the products in separate shipments. The BUYER is responsible for checking that the number of products delivered by the cargo officer matches the number specified on the invoice issued by the SELLER. Separate invoices are issued for each partial shipment. If the number of products stated on the invoice is not present or is found to be incomplete in the package, the BUYER must request the cargo officer to record a report. Otherwise, it will be deemed that the products listed on the invoice were fully and completely delivered by the SELLER and that the BUYER received the products in full and complete condition.
9. SETTLEMENT OF DISPUTES AND AUTHORIZED COURT
In the implementation of the contract, Consumer Arbitration Committees and Consumer Courts at the location where the BUYER purchased the products or resides are competent up to the value announced by the Turkish Ministry of Customs and Trade.
The SELLER may file complaints and objections within the monetary limits determined annually by the Turkish Ministry of Customs and Trade, either with the Consumer Arbitration Committee or the Consumer Court at the location where the products were purchased or where the SELLER resides.
Information on the monetary limits is as follows:
a) For district consumer arbitration committees, the upper monetary limit is 2,200 Turkish Lira.
b) For provincial consumer arbitration committees in metropolitan municipalities, the monetary limit ranges from 2,200 Turkish Lira to 3,300 Turkish Lira.
c) For provincial consumer arbitration committees in centers of non-metropolitan cities, the upper monetary limit is 3,300 Turkish Lira.
ç) For provincial consumer arbitration committees in districts of non-metropolitan cities, the monetary limit ranges from 2,200 Turkish Lira to 3,300 Turkish Lira.
Disputes exceeding these values cannot be addressed by consumer arbitration committees.
This contract is made for commercial purposes.
SELLER: www.cesit.com
BUYER: ....
DATE:....
