距离销售协议
ARTICLE – 1 SUBJECT OF THE CONTRACT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product that the SELLER sells to the BUYER, whose qualities and sales price are specified above.
ARTICLE – 2 CONTRACTING
2.1 BUYER ACCEPTS THAT HE HAS READ, UNDERSTANDED THE CONTRACT, AND IS AWARE OF ITS RIGHTS AND OBLIGATIONS.
2.2 THE SELLER AND BUYER ACCEPT THAT THEY HAVE NO ANY İNEXPERİENCES İN THE SCOPE OF TRANSACTİONS İN THE SUBJECT OF CONTRACT, AND THERE IS NO ANY IRRATIONALITY BETWEEN ACTIONS DECIDED WITH THE CONTRACT AND THAT THE RECIPROCATING ACTIONS ARE SUITABLE WITH THE QUALITY OF THE BUSINESS.
2.3 THE BUYER ACCEPTS THAT HE HAS A COMPLETE OPINION ABOUT THE COMFORMITY OF TRANSACTIONS INVOLVED IN THE SCOPE OF CONTRACT TO HIS OWN BENEFIT. AND, HE ACCEPTS THAT HE WILL ABIDE BY ALL CONDITIONS BY THINKING, REQUESTING AND KNOWING WITH ITS OWN FREEWILL, WITHOUT HAVING ANY DIFFICULTY.
2.4 THE SELLER AND THE BUYER ACCEPT THAT THE PROVISIONS OF THE CONTRACT DONT HAVE A FEATURE THAT WİLL BE CONSİDERED UNFAİR CONDİTİON. AND, THEY ALSO ACCEPT THAT THERE IS NOT INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
2.5 THIS CONTRACT, IT’S ANNEXES, INFORMATION PROVIDED WITHIN THE SCOPE OF TRANSACTIONS MADE THROUGH islakmendilimalati.com AND TOPICS APPROVED BY ELECTRONIC VEHICLES MEETS THE REQUIREMENTS OF THE ARTICLE 6 OF THE REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES RELATED TO THE CAMPAIGN SALES.
2.6 THIS CONTRACT PROVISIONS DO NOT CONTAIN ANY UNJUSTICE CONDITIONS İN ACCORDANCE WITH REGULATORY PROVISIONS REGARDING UNJUSTICE CONDITIONS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT VIOLATE THE HONESTY AND GOODWILL RULES, AND ARE PREPARED IN ACCORDANCE WITH THE CONSUMER’S PROTECTION LAW.
2.7 THE PROVISIONS OF THIS CONTRACT ARE PREPARED BY TAKING CONSIDERATION TO THE PROVISIONS OF THE NEW DEBT LAW NO 6098. PREDICTED BINDING AND CONTENT INSPECTION IN ARTICLE 21 OF THE NEW DEBTS LAW HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS CONTRACT ARE NOT CONTRARY TO THE QUALITY OF THIS CONTRACT AND THE SPECIFICATION OF THE BUSINESS. THE PROVISIONS OF THIS CONTRACT ARE WRITTEN CLEARLY AND UNDERSTANDABLE, AND DO NOT CONTAIN MORE THAN ONE MEANING.
ARTICLE – 3 SELLER INFORMATION
Name / Surname / Title: Sebahattin AKKAYA
Address: Samsun
Phone: +90 850 888 90 55
E-mail: sales@akdispractico.com
ARTICLE – 4 BUYER (CONSUMER) INFORMATION
Name / Surname / Title:
Address:
Telephone:
E-mail:
ARTICLE – 5 INFORMATION OF THE PRODUCT SUBJECT TO THE CONTRACT
type, quantity, brand / model, color, sales price, payment method of the good / product / service as stated below:
Date of contract:
Delivery Date of the Product:
Delivery costs amount:
Type of Goods / Products / Services:
ARTICLE – 6 GENERAL PROVISIONS
6.1 The BUYER declares that he / she has read and understand all the preliminary information regarding delivery with payment method, sales price and basic characteristics of the product subject to the contract specified in Article 5, and declares that he / she has given the necessary confirmation electronically.
6.2 The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated in the preliminary information within the period described in the preliminary information depending on the distance of the BUYER’s place of residence for each product with providing not exceed the legal 30-day period. This period may be extended for a maximum of 10 days, provided that the consumer is notified in writing.
6.3 If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.
6.4 The SELLER is responsible for the delivery of the product subject to the contract in a good, complete manner and right to the qualifications specified in the order. Provided that it is justified, the SELLER may supply goods or services of equal quality and price to the SELLER before the contractual performance obligation expires.
6.5 For the delivery of the contractual product, this contract must be confirmed electronically and the price of the order subject to the contract must be paid. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be freed from the product delivery obligation.
6.6 If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, the SELLER is obliged to inform the BUYER about situation. In this case, the BUYER may use one of the rights such as to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated.
If the BUYER cancels the order, the amount paid will be returned to her/him within 10 days.
6.7 In the event that the payment obligation of the BUYER in this contract is not realized in any way, the SELLER may initiate execution proceedings, file a debt claim and seek other legal remedies in order to collect the price of the product that cannot be collected. The amount of collection is based on the price of the product on the day of delivery and the interest to be charged over the interest rates stipulated in the contract.
ARTICLE – 7 RIGHT OF WITHDRAWAL
In accordance with the relevant provisions of the Regulation on Distance Contracts;
7.1 In distance contracts for the sale of goods, the consumer has the right to withdraw from the contract within seven days from the date of receipt of the goods without any justification and without penal clause. It is sufficient to notify the notification that the right of withdrawal has been exercised in written within this period or with a continuous data carrier.
7.2 Unless otherwise agreed by the parties, the consumer has no right of withdrawal in contracts related to delivery of goods which are prepared in line with the consumer’s wishes or clearly the personal needs of the consumer, not suitable for being sent back by nature and in danger of quick deterioration or likely to expire.
7.3 If the consumer exercises his right of withdrawal, the seller or the provider obliged to return the total amount he received within ten days at the latest from the date of receipt of the notice of withdrawal and any document that puts the consumer in debt. İn the return process, the seller or the provider cannot charge the consumer any expense and obliged to take back the goods within twenty days.
7.4 The decrease in the value of the received goods or the existence of a reason that makes it impossible to return does not prevent the right of withdrawal from being exercised. However, if the depreciation or the impossibility of return is due to the consumer’s fault, the consumer must pay the seller the value or decrease in the value of the good. Changes and deterioration caused by the habitual use of the goods are not considered to be depreciated.
ARTICLE – 8 COMPETENT COURT
All kinds of complaints and objections due to this Agreement can be made to the Arbitration Committee for Consumer Problems or to the Consumer Court at the place of residence of the BUYER or SELLER, according to the monetary limits determined by the Ministry of Customs and Trade every year in December.