DISTANCE SALES AGREEMENT,
ARTICLE 1 - PARTIES
SALES PERSON
Commercial Title: BONNJERRA-AHMET MERT TATLISU
Company Address: Türkoba Mah. Özgürlük Cad. No:25 B.Cekmece/ISTANBUL
Tax Office No: 8310579641
Phone: 0538 970 33 88
Seller Mersis No: 8310579641
Seller Email Address: [email protected]
The Cargo Company to which the Buyer Will Send the Goods to the Seller in case of Return: YURTİÇİ KARGO(for domestic orders and DHL EXPRESS(for abroad orders).
www.bonnjerra.com: 0538 970 33 88
BUYER
Name and surname :
Address :
Telephone :
Email:
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement hereby accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; Sale and delivery of Goods/Services with the qualifications specified in the Contract, which the Buyer electronically orders for the purchase of the Seller's Goods/Services from Bonnjerra's website with the domain name [www.bonnjerra.com] ("Website") In accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, the rights and obligations of the parties are determined. The conclusion of this Agreement will not prevent the performance of the provisions of the website membership agreements that the parties have individually concluded with Bonnjerra. they declare.
ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)
THE COST OF THE SUCH PRODUCT IS COLLECTED FROM THE BUYER BY BONNJERRA ON BEHALF OF THE SELLER UNDER THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS TO BONNJERRA, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT TO THE SELLER.
ARTICLE 4 - DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the Buyer in electronic environment and is executed when the Goods/Services purchased by the Buyer from the Seller are delivered to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the specified authorized person(s).
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic qualifications, sales price and payment method, as well as the delivery and cargo cost of the Goods/Services that are the subject of the Contract on the Website, and has given the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above and/or through the channels provided by the Web site. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Without the Buyer's inspection before receiving the Contracted Goods/Services; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. After the delivery of the Goods/Services, if the relevant bank or financial institution fails to pay the Goods/Service price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, the Buyer has delivered it to him. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery costs belong to the Buyer.
ARTICLE 7 - STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Buyer can return or exchange the Goods/Services he/she has purchased within 14 (fourteen) days from the delivery date, without taking any legal or penal responsibility, in cases such as an error caused by the seller, defective goods, or damage during transportation. The products belonging to the seller must be delivered to the cargo within 48 hours from the delivery date, if return or exchange is to be made due to its nature. The product/products subject to return/exchange must be sent to the Seller without being used, deformed and without losing its resaleability feature. Otherwise, the right of return/change and withdrawal cannot be used. Notification of the right of withdrawal and other notifications regarding the Contract will be sent through the communication channels of the Seller and/or specified on the website. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer returns the Goods to the Seller within 10 (ten) days from the use of the right of withdrawal. b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer.
Due to the publication of the decisions of the Ministry of Commerce on the "Regulation on Amending the Regulation on Distance Contracts" in the Official Gazette, the consumer will pay the shipping fee of the returned product himself. The return shipping fee may differ from the shipping fee stated on the “bonnjerra.com” website. The shipping fee on the "Bonnjerra.com" website is determined independently of the fee used by the relevant cargo company.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised in the following cases: a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller (jewelry, gold, gold-plated products, products containing gold-related substances, silver and silver-plated products) b) Consumer requests or in contracts for the delivery of goods that are clearly prepared in line with his personal needs, that are not suitable for return due to their nature and that are in danger of spoiling quickly or that are likely to expire d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Provided that the protective elements such as packaging, tape, seal, package are opened by the consumer, books, sounds or contracts for image recordings, software programs and computer consumables f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription contract g) Accommodation, transportation of goods, car rental, food and beverage supply and h) Contracts for the performance of services related to betting and lottery i) Contracts regarding services that are started to be performed with the approval of the consumer before the right of withdrawal period expires Distance Contracts to the legal relationship between the Buyer and the Seller, in case it consists of the types of Goods/Services that are excluded (with the regular deliveries of the Seller, the foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, as well as the services in the fields of travel, accommodation, restaurant, entertainment industry). The right of withdrawal cannot be exercised because the provisions of the Regulation cannot be applied.
ARTICLE 10 - RESOLUTION OF DISPUTES
In the implementation of this Distance Sales Contract, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. 68 of the Law on the Protection of Consumers No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 11 - PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice sent to the customer together with the product. Discounts, coupons, shipping charges and other applications made by the seller or Bonnjerra are reflected in the sales price.
ARTICLE 12 - STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and be liable to the bank. 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, in the event that the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
ARTICLE 13 – NOTICES and EVIDENCE AGREEMENT
Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that the official books and commercial records of the Seller and Bonnjerra, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence in case of disputes arising from this Agreement, Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of the article.
ARTICLE 14 - ENFORCEMENT
This Agreement, which consists of 14 (fourteen) articles, has been read by the Parties and has been concluded and entered into force by being approved by the Buyer electronically as of the order date.