Distance Sales Contract
İrini.com.tr Distance Sales Contract
- PARTIES TO THE AGREEMENT
1.1. CUSTOMER
| Name Surname | : |
| Adress | : |
| Phone | : |
| : |
1.2. SELLER
| Company Name | : |
| Adress | : |
| Telephone | : |
| Fax | : |
| : |
- SUBJECT OF THE AGREEMENT
- The subject of this agreement is the purchase/sale and delivery of the product(s) with the specified characteristics and sales price, which the BUYER has placed an order for electronically through the İrini.com.tr website (hereinafter referred to as the “WEBSITE”), in accordance with the provisions of the Law on Protection of Consumers and the Regulation on Distance Contracts, as well as all other legal regulations and practices, for the determination of the mutual rights and obligations of the parties.
PRODUCT(S) SUBJECT TO THE AGREEMENT
- 3.1 The type, nature, quantity, model, color, sales price, and delivery information of the product(s) subject to the agreement are as follows:
[Provide the specific details of the product(s) as stated in the agreement.]
| Products | Piece | Advance Price | Term Price | The Decal |
| 1 | [●] TL | [●] TL | [●] TL | |
| Cargo | 1 | [●] TL | [●] TL | [●] TL |
| The Difference in Installments | 1 | [●] TL | [●] TL | [●] TL |
| Total | [●] TL | |||
| Pay Method and Plan | : |
| The Person to Be Delivered | : |
| The Address to Be Delivered | : |
| Fatura Adresi | : |
The delivery of the product(s) will be made to the BUYER’s specified address through a shipping company. Even if the BUYER is not present at the address during the delivery, the SELLER will be deemed to have fulfilled its obligation in full and completely. Therefore, the BUYER shall bear any damages resulting from the delayed receipt of the product(s) and any expenses incurred due to the product(s) being kept at the shipping company and/or returned to the SELLER.
Shipping Fee: … TL, the shipping fee is added to the total order amount and is to be paid by the customer. It is not included in the product price.
3.2 Payment Method: Credit Card installment payment (Read the following explanations) The above section contains information on how many installments the total order amount will be paid to your bank. The BUYER acknowledges, declares, and undertakes that, due to the fact that installment sales can only be made with credit cards issued by banks, they will separately confirm the relevant interest rates and default interest from their bank, and that the provisions regarding interest and default interest will be applied in accordance with the applicable legislation within the framework of the credit card agreement between the Bank and the BUYER. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank shall apply. The payment due date for credit card payments is determined by the agreement between the bank and the BUYER. Additionally, the BUYER can track the installment count and payments from the account statement sent by the bank.
GENERAL CONDITIONS
4.1 The BUYER declares that they have read and understood the basic features of the product(s), sales price, payment method, delivery information, and other preliminary information on the WEBSITE and provided the necessary confirmation electronically.
4.2 By confirming the preliminary information electronically, prior to the conclusion of the distance contracts, the BUYER/Consumer confirms that they have obtained the correct and complete information regarding their address, basic features of the ordered product(s), the price of the product(s) in Turkish Lira including taxes, payment, and delivery information.
4.3 The product(s) subject to the contract will be delivered to the BUYER or the person/institution specified by the BUYER at the address indicated by the BUYER, within the period stated in the preliminary information on the WEBSITE, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days.
4.4 The shipping fee will be paid by the BUYER. In case the product(s) cannot be delivered to the BUYER due to any problems encountered by the shipping company during the delivery to the BUYER and for other reasons not originating from the SELLER, the SELLER cannot be held responsible, regardless of the name and title.
4.5 The SELLER is responsible for delivering the product(s) subject to the contract in sound, complete, with the specified qualifications in the order, along with any warranty documents and user manuals, if available.
4.6 The SELLER may supply different product(s) of equal quality and price by informing the BUYER and obtaining their explicit consent before the fulfillment of the performance obligation arising from the contract.
4.7 If the SELLER fails to fulfill the contractual obligations due to the impossibility of delivering the product(s) subject to the contract, they shall notify the BUYER/Consumer before the expiration of the fulfillment period of the contractual performance obligation and refund the total amount received in cash to the BUYER within 10 days.
4.8 The electronic confirmation of the preliminary information form is required for the delivery of the product(s). If, for any reason, the payment for the product(s) is not made or canceled in the bank records, the SELLER is relieved of the obligation to deliver the product(s).
4.9 If, after the delivery of the product(s), the buyer’s credit card is used by unauthorized persons without the fault of the BUYER in an unfair or unlawful manner, and the bank or financial institution does not pay the product(s) amount to the SELLER, the BUYER must return the product(s) to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs will be borne by the BUYER.
4.10 If the SELLER cannot deliver the product(s) subject to the contract within the specified period due to force majeure, adverse weather conditions preventing transportation, interruption of transportation, and other extraordinary circumstances, they shall notify the BUYER. In this case, the BUYER may exercise one of the following rights: (i) cancel the order, (ii) replace the product(s) subject to the contract with a similar one if available, and/or (iii) postpone the delivery period until the force majeure/impediment ceases. If the BUYER cancels the order, the total amount paid will be refunded to them within 10 days. In the case of payments made with a credit card, the product(s) amount will be refunded to the relevant bank within 7 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER’s accounts is entirely related to the bank transaction process, the BUYER acknowledges and accepts that the SELLER cannot intervene in any way in possible delays, and the responsibility for reflecting the refunded amount to the BUYER’s account lies with the bank.
In cases where the BUYER exercises the right of withdrawal or the ordered product(s) cannot be supplied for various reasons or in cases where the Consumer is decided to be refunded by the Arbitration Board, if the purchase is made with a credit card and in installments, the refund procedure to the credit card is as follows:
The Bank may refund the amount to the BUYER in installments, corresponding to the number of installments the BUYER used for the purchase. After the SELLER pays the total amount of the product(s) to the Bank in a single payment, if a refund to the BUYER’s credit card for the installment purchases made through the Bank’s POS terminals is requested, the requested refund amounts may be transferred to the accounts of the relevant parties in installments. If the refund is made before the installment payments are completed, for each month that does not coincide with the cancellation date and the card’s statement date, one refund will be reflected on the card, and the BUYER will receive the amount of the installments they paid before the cancellation of the purchase after the installments of the purchase are completed, for the number of months they paid the installments, and this will be deducted from their current debts.
In the event of the return of goods and services paid by credit card, the SELLER cannot make cash payments to the Customer, as per the agreement with the Bank. The refund to the credit card can be made by the Bank in accordance with the above procedure after the SELLER pays the Bank in a single payment.
For payments made by cash on delivery or bank transfer, the refund will be made to the Consumer’s bank account, upon requesting the bank account information from the Consumer, and will be transferred via bank transfer. The bank account to which the refund will be made must belong to the person whose name is stated on the invoice.
- DEFAULT AND LEGAL CONSEQUENCES
In the event of default by the BUYER in the credit card transactions they have made, the BUYER shall be responsible for paying interest and shall be liable to the bank in accordance with the credit card agreement between the cardholder bank and the BUYER. In this case, the bank may resort to legal remedies, demand the incurred expenses and attorney’s fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees to compensate the damages incurred by the SELLER due to the delayed performance of the debt.
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
The BUYER, in distance contracts regarding the sale of the product(s), may exercise their right of withdrawal from the contract without incurring any legal or criminal liability and without stating any reasons by rejecting the product(s) within 7 (seven) days from the date of delivery to themselves or the person/institution specified by them. The expenses arising from the exercise of the right of withdrawal from the contract shall be borne by the SELLER.
In order to exercise the right of withdrawal from the contract, it is necessary to notify the SELLER by registered mail, fax, or electronic mail within the 7-day period and the product(s) must not have been used in accordance with the provisions of Article 6 below. In case of exercising the right of withdrawal from the contract: (i) the invoice of the product(s) delivered to the BUYER or the person/institution specified by the BUYER,
Important notice: If the invoice of the product(s) to be returned is corporate, it must be sent together with the return invoice issued by the company. Order returns with invoices issued in the name of corporate entities cannot be completed without an RETURN INVOICE. (ii) the box, packaging, and, if any, the standard accessories of the product(s) must be delivered complete and undamaged.
The SELLER shall refund the total amount and any documents that put the buyer under debt to the BUYER within a maximum period of 15 days from the receipt of the withdrawal notification, and the SELLER shall accept the return of the product(s) within a period of 20 days. If there is a decrease in the value of the product(s) due to any fault of the BUYER or if it becomes impossible to return the product(s), the BUYER shall compensate the damages incurred by the SELLER in proportion to their fault.
In the event of the exercise of the right of withdrawal from the contract, if the total amount falls below the campaign limit set by the SELLER, the discount amount utilized under the campaign will be canceled.
PRODUCTS THAT CANNOT BE RETURNED UNDER THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
Products that cannot be returned due to their nature include disposable products, duplicable software and programs, and perishable or expired products.
The return of the following products is subject to the conditions that (i) the product’s packaging is unopened, (ii) undamaged, (iii) the product is unused, and (iv) untested. Ready-to-Wear Products Bag Products Shoe Products
IN CASE OF PARTIAL PRODUCT DELIVERY, DRAWING UP A REPORT FOR MISSING ITEMS
“In cases where the order includes multiple products, the SELLER may make partial shipments. The BUYER is responsible for checking that the number of products delivered by the carrier matches the number of products specified on the invoice issued by the SELLER. Separate invoices are issued by the SELLER for each partial shipment. If the number of products stated on the invoice does not match the number of products found in the package or if any items are missing, the BUYER must request a report from the carrier. Otherwise, it will be deemed that the products specified on the invoice have been fully and completely delivered by the SELLER to the BUYER and that the products have been fully and completely received by the BUYER.
- SETTLEMENT OF DISPUTES AND JURISDICTION
In the implementation of the contract, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the product(s) and where their residence is located are authorized, up to the value announced by the Ministry of Customs and Trade of the Republic of Turkey. The SELLER may submit their complaints and objections regarding consumer disputes to the Consumer Arbitration Committee or Consumer Court in the place where the BUYER purchased the product(s) or where their residence is located, within the monetary limits determined by the Ministry of Customs and Trade each year in December.
The information regarding the monetary limits is as follows: Effective from 1/1/2012:
- The lower monetary limit stated in the fifth and sixth paragraphs of Article 22 of the Law No. 4077 on the Protection of the Consumer regarding the binding nature of the decisions of consumer dispute arbitration boards and their evidentiary value in upper or consumer courts is 1,161.67 TL.
- The lower monetary limit set forth in the third paragraph of Article 5 of the Consumer Problems Arbitration Committees Regulation published in the Official Gazette dated 1/8/2003 and numbered 25186, regarding the authority and competence of the provincial arbitration committees operating in metropolitan cities, is 3,032.65 TL. This agreement has been made for commercial purposes.
| Seller | : |
| Customer | : |
| Date | : |
