DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement (hereinafter referred to as the "Agreement") has been drawn up and signed between the following Parties under the terms and conditions specified herein.
ARTICLE 1 - PARTIES
1.1 - SELLER / SUPPLIER
Company Name: EKMAŞ GIDA MAKİNALARI LTD. ŞTİ.
Address: Kağıthane Barbaros Cad. Şebnem Sokak No:10/A Seyrantepe, Kağıthane, İstanbul
Phone: 0850 650 00 00
Fax: 0212 270 42 69
Email: [email protected]
Mersis No: 0329-0053-3632-0014
1.2 - BUYER
Name/Surname/Title:
Address:
Phone:
Email:
ARTICLE 2 - SUBJECT
The subject of this Agreement is to establish the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Sales Agreements regarding the sale and delivery of the product(s) ordered by the BUYER electronically through the SELLER's website, with the specifications and sale price specified below.
ARTICLE 3 - PRODUCT(S) COVERED BY THE AGREEMENT
Date:
Product Name
|
Quantity
|
Total Product Price
|
The type, model, quantity, brand/model, colour, and sale price of the product(s) are as specified above.
Payment Method:
Delivery Address:
ARTICLE 4 - GENERAL TERMS AND CONDITIONS
4.1 - The BUYER declares that they have read and understood the preliminary information regarding the main characteristics of the product(s), sale price, payment terms, and delivery details provided on the website and confirmed this electronically.
4.2 - The product(s) covered by this Agreement will be delivered to the BUYER or the person/entity designated at the address provided within the period specified in the preliminary information, depending on the BUYER's location, but not exceeding the legal period of 3 days.
4.3 - If the product is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the designated person/entity refuses the delivery.
4.4 - The SELLER is responsible for delivering the product(s) intact, complete, as described in the order, and accompanied by warranty documents and user manuals, if applicable.
4.5 - Delivery of the product(s) requires receipt of a signed copy of this Agreement by the SELLER and full payment of the purchase price through the payment method chosen by the BUYER. If the product price is not paid or is cancelled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product(s).
4.6 - If the product(s) have been delivered but the payment is later rejected by the bank or financial institution due to unauthorised or unlawful use of the BUYER's credit card not caused by the BUYER's fault, the BUYER must return the product(s) to the SELLER within 3 days. In this case, shipping costs are borne by the BUYER.
4.7 - In extraordinary circumstances such as force majeure or disruptions in transportation that prevent delivery within the specified time, the SELLER must notify the BUYER. The BUYER may then opt to cancel the order, request a replacement, or delay the delivery until the extraordinary situation is resolved. If the order is cancelled, the amount paid will be refunded to the BUYER within 10 days.
4.8 - Products sold with or without a warranty certificate that are defective or faulty can be sent to the SELLER for necessary repairs under the warranty terms, and shipping costs in such cases will be borne by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The consumer (BUYER) has the right to withdraw from this Agreement within 14 (fourteen) days without providing any reason and without incurring any penalty. The withdrawal period begins:
- For service agreements, on the date the Agreement is concluded.
- For goods, on the date the consumer or a third party designated by the consumer receives the goods.
Additional provisions for calculating the withdrawal period:
a) For orders with multiple deliveries, the period begins on the day the final item is received.
b) For products consisting of multiple parts, the period begins on the day the final part is received.
c) For recurring deliveries, the period begins on the day the first item is received.
The withdrawal notice must be sent to [email protected] before the withdrawal period expires.
ARTICLE 6 - DEFAULT TERMS
If the Parties fail to fulfil their obligations under this Agreement, the provisions of the relevant articles of the Code of Obligations concerning debtor default shall apply. In the event of default, the non-performing Party shall be granted a 7-day period to remedy the situation. If performance is still not rendered within this time, the non-performing Party shall be deemed in default, and the other Party may seek remedies such as enforcement of the obligation, delivery of goods, or termination of the Agreement with a refund.
ARTICLE 7 - DISPUTE RESOLUTION AND JURISDICTION
In disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts at the location of the BUYER or SELLER are authorised to handle claims up to the monetary limit specified by the Ministry of Trade.
By completing the order, the BUYER is deemed to have accepted all terms and conditions of this Agreement.