DISTANCE SALES AGREEMENT
The subject of this Distance Sales Agreement (the "Agreement") covers the sale and performance of the service specified below, which the SELLER provides to the BUYER, and the rights and obligations of the parties related thereto.
PARTIES
The Agreement has been electronically signed between NOVMBER29 located at Vefabey sok. No:15, Daire:3 Gayrettepe mah, Beşiktaş, Istanbul and the person who purchases the services/products from the website named www.novmber29.co ("BUYER").
The parties acknowledge, declare, and undertake that they have read the entire Agreement, understood its content in full, and approved all of its terms.
SELLER:
Seller's Title: [...] Seller's Address: [...] Seller's Mersis Number: [...] Seller's Email Address: [...] Seller's Phone: [...]
BUYER:
Buyer’s Name/Surname: Buyer’s Address: Buyer’s Phone: Buyer’s Email Address:
The Seller and the Buyer shall be referred to individually as "Party" and collectively as "Parties."
The Buyer undertakes and acknowledges that they have read the entire Agreement, understood its content in full, and approved all of its terms by purchasing products and services from the Seller. Similarly, the Seller undertakes and declares the following. Therefore, the accuracy of the information provided by the Buyer at the time of purchasing the service is guaranteed by the Buyer.
ESTABLISHMENT OF THE AGREEMENT
The BUYER acknowledges that they have read and understood the AGREEMENT and are aware of their rights and obligations.
The PARTIES acknowledge that there is no disproportion in the obligations determined by the AGREEMENT, and that the mutual obligations are appropriate for the nature of the work, and that there are no unprofessional aspects within the scope of the AGREEMENT.
The BUYER acknowledges that they are fully convinced that the transactions under the AGREEMENT are in their best interest and that they will comply with all terms freely, without any difficulty or distress, after careful consideration, voluntarily, and knowingly.
The PARTIES acknowledge that the terms of the AGREEMENT do not contain any unfair conditions, and there is no unfairness in terms of the balance of interests.
The provisions of this AGREEMENT do not contain any unfair terms according to the Regulation on Unfair Terms in Consumer Contracts. The provisions do not violate the principles of fairness and goodwill and have been prepared in accordance with the legislation protecting consumers.
This AGREEMENT has been prepared considering the provisions of the Turkish Code of Obligations. The binding and content control foreseen in Article 21 of the Turkish Code of Obligations has been carried out by the BUYER. None of the provisions of this AGREEMENT constitute unfamiliar (surprising) conditions to the nature and specificity of the AGREEMENT. The provisions of this AGREEMENT are written clearly and understandably and do not have multiple meanings.
SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this AGREEMENT is the sale and delivery of the product, whose characteristics and sale price are specified below, which the BUYER orders electronically from the SELLER’s website named www.novmber29.co (“Site”), and determining the rights and obligations of the PARTIES in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT
The basic characteristics, sale price, delivery, and payment conditions of the product subject to this AGREEMENT are as follows:
Product/Service Type: The product and/or service sale from the Site to the Buyer Product Code and Name: Quantity: Unit Price (including VAT):
PAYMENT AND DELIVERY CONDITIONS
Total product price excluding shipping: Shipping Fee: Total product price including shipping and all taxes:
Delivery Address: Recipient:
The total product price mentioned above is collected from the Buyer by [SELLER].
Delivery Conditions of the Product/Service:
Carrier Company Information: Carrier companies used by the Seller (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo, and UPS Kargo - the shipping information will be automatically displayed/sent to the customer.) Delivery Address: Recipient:
DELIVERY
Unless the product is prepared according to the BUYER’s request or personal needs, it will be delivered to the Buyer or the person/entity specified at the address within the period specified in the preliminary information form, depending on the distance from the Buyer’s residence, without exceeding the legal period of 30 (thirty) days.
To avoid any doubt, the delivery of the product/products subject to this AGREEMENT requires that the AGREEMENT and the Preliminary Information Form have been electronically confirmed by the BUYER and the payment for the product(s) has been made completely and correctly using the BUYER’s preferred payment method. If, for any reason, the product price is not paid, is paid insufficiently, or the payment is canceled in the bank records, the SELLER is deemed relieved of the obligation to deliver the product.
In cases where it becomes impossible to fulfill the order for the product or service, the SELLER will notify the BUYER in writing or with a durable medium within 3 (three) days from the date of learning of this situation and will refund all payments collected, including delivery costs if any, to the BUYER within 14 (fourteen) days from the date of notification.
BUYER’S DECLARATIONS AND UNDERTAKINGS
The BUYER declares and undertakes that they have read and been informed about the basic characteristics, sale price, and payment method of the product or service, as well as delivery and shipping fees, as provided by the SELLER on the Site, and that they have provided the necessary confirmation electronically and are aware that by confirming the order on the Site, they have entered into a PAYMENT OBLIGATION.
The BUYER confirms that they have also obtained accurate and complete information on the address that should be provided by the SELLER, the basic characteristics of the ordered goods or services, the price including taxes, payment, delivery, and shipping information required to be provided by the SELLER before the conclusion of the distance contract, by confirming the AGREEMENT and the Preliminary Information Form electronically.
If the credit card used by the BUYER is used unlawfully by unauthorized persons through no fault of the BUYER after the delivery of the goods or services, and if the related bank or financial institution does not pay the SELLER for the price of the goods or services, the BUYER is obliged to return the goods or services to the SELLER within 3 (three) days, provided they have been delivered to them. In this case, delivery costs are the responsibility of the BUYER.
If the product or service subject to the AGREEMENT is to be delivered to another person other than the BUYER, the SELLER cannot be held responsible if the recipient refuses to accept the delivery.
If the BUYER is not present at the address where the delivery is requested, the order will not be left at another address. In this case, the BUYER must accept the legal obligations arising from placing the order at an address where they are not present.
If the product subject to the AGREEMENT is to be delivered to another person/entity, the SELLER cannot be held responsible if the recipient refuses to accept the delivery.
The SELLER is responsible for delivering the product subject to the AGREEMENT in a solid, complete, and compliant manner as specified in the order. The SELLER can supply goods or services of equal quality and price if the SELLER has a valid reason, within the performance period of the AGREEMENT, and after informing and obtaining explicit approval from the BUYER.
The delivery of the product subject to the AGREEMENT is conditional upon electronic confirmation of the AGREEMENT and payment of the order amount. If the product price is not paid or is canceled in bank records, the SELLER is deemed relieved of the obligation to deliver the product.
The SELLER is responsible for any loss or damage occurring until the delivery of the goods to the BUYER or a third person designated by the BUYER. If the BUYER requests shipment of the goods with a carrier other than the SELLER’s designated carrier, the SELLER is not responsible for any loss or damage that may occur from the time of delivery to the relevant carrier.
The service provided by the SELLER is aimed at the end user within the scope of retail sales; if the SELLER suspects that the BUYER intends to resell the product, the SELLER reserves the right to cancel the order and not deliver the products even if the AGREEMENT is established.
The BUYER should inspect the product before accepting delivery and should not accept any defective or damaged products from the SELLER’s representative or the shipping company. If the BUYER neglects to inspect the product and accepts delivery, they are considered to have accepted that the product is intact and undamaged.
SELLER’S DECLARATIONS AND UNDERTAKINGS
The SELLER is responsible for delivering the product or service in accordance with consumer legislation, as solid, complete, compliant with the specifications in the order, and with any guarantee documents and user manuals.
The SELLER may provide a different product of equal quality and price to the BUYER, provided there is a valid reason, and the SELLER informs the BUYER and obtains explicit approval before the expiration of the performance obligation under the AGREEMENT.
BUYER'S RIGHT TO WITHDRAW
With the exception of other provisions regulated in the AGREEMENT, the provisions and conditions under Article 8 of this AGREEMENT will only apply if the BUYER has the status of a consumer under the relevant legislation.
For BUYERS who qualify as consumers under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:
Under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts;
The Consumer BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the day the goods are received for contracts for the sale of goods.
To exercise the right to withdraw from the contract, the Consumer BUYER must notify the SELLER by sending a written notice or a durable medium such as e-mail within 14 (fourteen) days.
The RETURN FORM, which is the withdrawal notice, must include the consumer's name, surname, address, e-mail address, product order number, and other necessary details. The SELLER is required to acknowledge receipt of the withdrawal notice without delay.
The consumer must return the goods to the SELLER within 10 (ten) days of notifying the SELLER of their withdrawal. The SELLER is obliged to refund all payments received from the consumer, including delivery costs (except for additional costs arising from the consumer's choice of a type of delivery other than the standard delivery offered by the SELLER), without delay and no later than 14 (fourteen) days from the receipt of the notification of withdrawal.
The product to be returned must be unused, in its original package, and must not be damaged.
INFORMATION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT:
- The time period to withdraw from the contract is 14 days from the day the consumer receives the goods.
- The buyer can exercise the right to withdraw by contacting the SELLER via written notice or e-mail.
- The SELLER will refund all payments received from the consumer, including delivery costs (except for additional costs arising from the consumer's choice of a type of delivery other than the standard delivery offered by the SELLER), within 14 (fourteen) days of receipt of the withdrawal notification.
- The product must be unused, in its original package, and not damaged.
EFFECT OF WITHDRAWAL ON DELIVERY AND COSTS
If the product to be returned has been used or damaged by the BUYER, the SELLER may refuse to accept the return or may apply depreciation and deduct this from the refund.
BUYER’S OBLIGATIONS IN CASE OF WITHDRAWAL
In case of withdrawal, the consumer must return the product to the SELLER within 10 (ten) days from the date of the withdrawal notice. The SELLER will refund all payments received from the consumer, including delivery costs (except for additional costs arising from the consumer's choice of a type of delivery other than the standard delivery offered by the SELLER), within 14 (fourteen) days of receipt of the withdrawal notice.
The SELLER will confirm receipt of the withdrawal notice to the consumer via a durable medium.
DISPUTE RESOLUTION
In case of disputes arising from the AGREEMENT, the Consumer Arbitration Committees and the Consumer Courts in the place where the consumer resides or where the transaction was carried out are authorized.
PROTECTION OF PERSONAL DATA
The SELLER commits to comply with the regulations on the protection of personal data and to take all necessary measures to ensure the privacy of the BUYER’s personal information.
GOVERNING LAW
This AGREEMENT is governed by the laws of the Republic of Turkey.
ACCEPTANCE AND ACKNOWLEDGMENT
The BUYER confirms that they have read and understood the AGREEMENT and the Preliminary Information Form and that they accept all terms of the AGREEMENT by placing an order on the Site.