Distance Sales Contract
DISTANCE SALES AGREEMENT
1. PARTIES
The form and shape of the demonstration are marked for
the display of this contract.
'BUYER' ; (hereinafter referred to as "BUYER"
in the contract)
NAME SURNAME:
ADDRESS:
'Aşure A.Ş. (gelbial.com); (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: Ashura Sales LTD
ADDRESS: 20 Cumberland Avenue DN2 6LU Doncaster/ UK
With the approval of this contract, the BUYER can
purchase the purchase to be paid and accepts this estimated in advance, which
will be charged additional fees to be determined such as shipping, tax, if any.
2. DEFINITIONS
What is written in the completion and interpretation of
this contract will express the explanations in the tables.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation
(OG:27.11.2014/29188)
SERVICE: Any kind of targeted treatment that will be done
or intended to be done for a fee cannot be considered,
The SELLER is a company that consists of a product
consisting of commercial or usage businesses, or a company that moves goods,
The BUYER or the real or individual person who acquires
the service with a commercial or uneducated good, and benefits from those who
use it,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests
a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and
the BUYER,
GOODS: It refers to the movable goods that are the
subject of shopping and the software, sound, image and similar intangible goods
prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of
the parties in accordance with the provisions of the Law No. 6502 on the
Protection of the Consumer and the Regulation on Distance Contracts regarding
the sale and delivery of the product, the qualities and sales price of which
are specified below, which the BUYER has placed an order electronically on the
website of the SELLER.
The prices listed and announced on the site are sales
prices. Advertised prices and promises are valid until updated and changed.
Prices announced for a period of time are valid until the end of the specified
period.
4. SELLER INFORMATION
Title: Ashura Sales LTD
ADDRESS: 20 Cumberland Avenue DN2 6LU Doncaster/ UK
Phone: 07429548211
Email: info@gelbial.com
5. BUYER INFORMATION
Person to be delivered
Delivery address
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the
Good/Product/Products/Service (type, quantity, brand/model, color, number) are
published on the website of the SELLER. If the campaign is organized by the
seller, you can examine the basic features of the relevant product during the
campaign. Valid until the campaign date.
7.2. The prices
listed and announced on the site are the sales price. Advertised prices and
promises are valid until updated and changed. Prices announced for a period of
time are valid until the end of the specified period.
7.3. The sales
price of the goods or services subject to the contract, including all taxes, is
shown below.
Product
description |
Number |
Unit price |
Subtotal (VAT included) |
Shipping Amount | |||
Total : |
Payment Method and
Plan
Delivery address
Person to be
delivered
Billing address
Order date
delivery date
delivery method
7.4. The shipping
fee, which is the product shipment, will be paid by the BUYER.
8. INVOICE
INFORMATION
Advertisement/Surname/Title
address
telephone
fax
Email/username
Invoice delivery :
Invoice delivery together with the invoice order
It will be
delivered.
9. GENERAL
PROVISIONS
9.1. The BUYER is
likely to be important on the internet belonging to the important he has. of
the BUYER; Prior to the accuracy of the destination, the SELLER accepts that it
accepts the price, including taxes, of the products purchased from the buyer's
destinations, as correct and correct in the payment and appropriate manner. and
accepts. .
9.2. Subject to the
contract, one product per day is delivered to the BUYER or BUYER's address
and/or for the period specified in the preliminary information section on the
internet, depending on the BUYER's place of residence. In the event that the
BUYER will not surrender, it is the BUYER's right to terminate the contract.
9.3. SAT can be
reviewed, processed properly and, if any, within the principles of honesty, to
take care of Foresight, service protection, to show the necessary care and
attention, accepts and undertakes.
9.4. The SELLER may
inform the BUYER before the expiry of the contractual saddle purchase and may
supply a different product or a quality that can be completed for approval.
9.5. The SELLER
accepts, declares and undertakes that if it is impossible to fulfill the
product or service subject to the order, it will notify the consumer in writing
within 3 days from the date of learning of this situation and return the total
price to the BUYER within 14 days.
9.6. The BUYER
accepts, declares and undertakes that he/she will confirm this Agreement
electronically for the delivery of the product subject to the contract, and in
case the contract product price is not paid and/or canceled in the bank records
for any reason, the SELLER's obligation to deliver the contract product will
end.
9.7. After the
delivery of the product subject to the contract to the person and/or
organization at the address indicated by the BUYER or the BUYER, as a result of
the unfair use of the BUYER's credit card by unauthorized persons, if the price
of the product subject to the contract is not paid to the SELLER by the
relevant bank or financial institution. It accepts, declares and undertakes
that it will return it to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER
accepts, declares and undertakes to notify the BUYER of the situation if the
product subject to the contract cannot be delivered in due time due to force
majeure situations that develop beyond the will of the parties, are
unpredictable and prevent and / or delay the fulfillment of the obligations of
the parties. The BUYER also has the right to demand from the SELLER the
cancellation of the order, the replacement of the product subject to the
contract with its precedent, if any, and/or the postponement of the delivery
period until the obstacle is removed. In case the order is canceled by the
BUYER, the product amount is paid to him in cash and in full within 14 days in
the payments made by the BUYER in cash. In the payments made by the BUYER by
credit card, the product amount is returned to the relevant bank within 14 days
after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on
average for the amount returned to the credit card by the SELLER to be
reflected to the BUYER's account by the bank. accepts, declares and undertakes
that it cannot be held responsible.
9.9. The SELLER's
address, e-mail address, fixed and mobile phone lines and other contact
information specified by the BUYER in the registration form on the site or
updated later by him, via letter, e-mail, SMS, telephone call and other means,
communication, marketing, notification and has the right to reach the BUYER for
other purposes. By accepting this contract, the BUYER accepts and declares that
the SELLER may engage in the above-mentioned communication activities.
9.9. The SELLER's
address, e-mail address, fixed and mobile phone lines and other contact
information specified by the BUYER in the registration form on the site or
updated later by him, via letter, e-mail, SMS, telephone call and other means,
communication, marketing, notification and has the right to reach the BUYER for
other purposes. By accepting this contract, the BUYER accepts and declares that
the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER
shall inspect the contracted goods/services before receiving them; dented,
broken, torn packaging, etc. damaged and defective goods / services will not be
received from the cargo company. The received goods/services shall be deemed to
be undamaged and intact. The responsibility of carefully protecting the
goods/services after delivery belongs to the BUYER. If the right of withdrawal
is to be used, the goods/services should not be used. The invoice must be
returned.
9.11. If the BUYER
and the credit card holder used during the order are not the same person, or if
a security vulnerability is detected regarding the credit card used in the
order before the product is delivered to the BUYER, the SELLER shall provide
the identity and contact information of the credit card holder, the statement
of the previous month of the credit card used in the order. or request the
BUYER from the bank of the card holder to submit a letter stating that the
credit card belongs to him. The order will be frozen until the BUYER provides
the information/documents subject to the request, and if the aforementioned
demands are not met within 24 hours, the SELLER has the right to cancel the
order.
9.12. The BUYER
declares and undertakes that the personal and other information provided while
subscribing to the website belonging to the SELLER are true, and that the
SELLER will immediately indemnify all damages due to the untruthfulness of this
information, upon the first notification of the SELLER, in cash and in full.
9.13. The BUYER
accepts and undertakes from the beginning to comply with the provisions of the
legal legislation and not to violate them when using the website of the SELLER.
Otherwise, all legal and penal liabilities to arise will bind the BUYER
completely and exclusively.
9.14. The BUYER may
not use the SELLER's website in any way that disrupts public order, violates
public morality, disturbs and harass others, for an unlawful purpose, and
infringes on the material and moral rights of others. In addition, the member
cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or
make it difficult for others to use the services.
9.15. Links to
other websites and/or other content that are not under the control of the
SELLER and/or owned and/or operated by other third parties may be given over
the website of the SELLER. These links are provided for the purpose of
providing ease of orientation to the BUYER and do not support any website or
the person operating that site and do not constitute any guarantee for the
information contained in the linked website.
9.16. The member
who violates one or more of the articles listed in this contract will be
personally and criminally responsible for this violation and will keep the
SELLER free from the legal and penal consequences of these violations. Also; In
the event that the incident is referred to the legal field due to this
violation, the SELLER reserves the right to claim compensation against the
member due to non-compliance with the membership agreement.
10. RIGHT OF
WITHDRAWAL
10.1. BUYER; In the
event that the distance contract is related to the sale of goods, the product
itself or the person / organization at the address indicated, within 14
(fourteen) days from the date of delivery, on the condition of notifying the
SELLER, he can use his right to withdraw from the contract by rejecting the
goods without taking any legal or criminal responsibility and without giving
any reason. In distance contracts related to service provision, this period
starts from the date of signing the contract. Before the expiry of the right of
withdrawal, the right of withdrawal cannot be exercised in service contracts
where the performance of the service has started with the approval of the
consumer. The costs arising from the use of the right of withdrawal belong to
the SELLER. By accepting this contract, the BUYER accepts in advance that he
has been informed about the right of withdrawal.
10.2. In order to
exercise the right of withdrawal, the SELLER must be notified in writing by
registered mail, fax or e-mail within 14 (fourteen) days and the product has
not been used within the framework of the provisions of the "Products for
which the Right of Withdrawal cannot be exercised" regulaed in this
contract. If this right is exercised,
a) The invoice of
the product delivered to the 3rd person or the BUYER, (If the invoice of the
product to be returned is corporate, it must be sent with the return invoice
issued by the institution when returning. Order returns whose invoices are
issued on behalf of the institutions cannot be completed unless a RETURN
INVOICE is issued.)
b) Return form,
c) The products to
be returned must be delivered complete and undamaged, together with the box,
packaging and standard accessories, if any.
d) The SELLER is
obliged to return the total price and the documents that put the BUYER under
debt to the BUYER within 10 days at the latest from the receipt of the
withdrawal notification and to return 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 the return
becomes impossible, the BUYER is obliged to compensate the damages of the
SELLER at the rate of the BUYER's fault. However, the BUYER is not responsible
for the changes and deteriorations that occur due to the proper use of the
goods or products within the right of withdrawal period.
f) In case of
falling below the campaign limit amount set by the SELLER due to the exercise
of the right of withdrawal, the discount amount used within the scope of the
campaign is cancelled.
11. PRODUCTS THAT
CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear
and bikini bottoms, make-up materials, disposable products, goods that are in
danger of spoiling quickly or that are likely to expire, which are prepared in
line with the BUYER's request or clearly personal needs and are not suitable
for return, are delivered to the BUYER. Products that are not suitable for
health and hygiene to be returned if their packaging is opened by the BUYER
after delivery, products that are mixed with other products after delivery and
cannot be separated due to their nature, Goods related to periodicals such as
newspapers and magazines, except those provided under the subscription
agreement, Instantly executed electronically Services or intangible goods
delivered instantly to the consumer, as well as audio or video recordings,
books, digital content, software programs, data recording and data storage
devices, computer consumables, cannot be returned in case the package has been
opened by the BUYER as per the Regulation. In addition, before the expiry of
the right of withdrawal, it is not possible to use the right of withdrawal
regarding the services that have been started with the approval of the
consumer, as per the Regulation.
In order to return cosmetics and personal care products,
underwear products, swimwear, bikinis, books, reproducible software and
programs, DVD, VCD, CD and cassettes and stationery consumables (toner,
cartridge, ribbon, etc.), their packages are unopened, untested, intact. and
they must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will
pay interest and be liable to the bank within the framework of the credit card
agreement between the cardholder bank and the bank in case of default in the
case of making the payment transactions with a credit card. In this case, the
relevant bank may take legal action; may claim the costs and attorney's fees to
arise from the BUYER and in any case, if the BUYER defaults due to its debt,
the BUYER accepts, declares and undertakes that he will pay the damage and loss
suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this
contract, consumer problems in the place of residence of the consumer or where
the consumer transaction is made, within the monetary limits specified in the
law below, shall be made to the arbitral tribunal or the consumer court.
Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes
whose value is less than 2,000,00 (two thousand) TL in accordance with Article
68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes
with a value less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications
are made to the provincial consumer arbitration committees in disputes with a
value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on
the Site, it is deemed to have accepted all the terms of this contract. The
SELLER is obliged to make the necessary software arrangements to obtain
confirmation that this contract has been read and accepted by the BUYER on the
site before the order is fulfilled.
SELLER: Ashura Sales LTD
BUYER:
DATE: