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Distance Sales Agreement

1.PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.

  1. ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)

NAME-SURNAME:
ADDRESS:

  1. ‘SELLER’; (hereinafter referred to as “SELLER” in the contract)

NAME-SURNAME:
ADDRESS:

By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has been informed about this.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.

BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

ORDERER: A natural or legal person who requests a product or service through the SELLER’s website.

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.

3. TOPIC

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER’s website.

The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: Hotelier Egit. Yaz. Dan. Marketing Ltd. Co.
Address: Dikilitaş Mah. Hakkı Yeten Cad. Selenium Plaza No:10/C Floor:6 Beşiktaş İstanbul
Email: info@otelist.com.tr
Tel: +90 850 532 44 68

5. BUYER INFORMATION

Person to be delivered
Delivery Address
Telephone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username

7. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

1. The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service are published on the SELLER’s website. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period 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

Piece

Unit price

Subtotal
(VAT included)

    

Shipping Amount

   

Total :

 

Payment Method and Plan

Delivery address

Delivery person

Billing address

Order date

delivery date

Delivery method

7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username Invoice delivery: The invoice will be delivered
to the invoice address along with the order during order delivery  .

9. GENERAL PROVISIONS

9.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the product subject to the contract, sales price and payment method and delivery on the SELLER’s website, and has given the necessary confirmation electronically. BUYER’s; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information electronically and obtains the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. .

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. accepts, declares and undertakes to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.

9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days. 

9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is cancelled in the bank records, the SELLER’s obligation to deliver the contractual product will be terminated.

9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER’s credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.

9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, the product amount will be paid in cash and in full within 14 days for the payments made by the BUYER in cash. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER’s account may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER’s accounts after the refund to the bank is entirely related to the bank transaction process, the BUYER should contact the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.

9.9. SELLER has the right to contact BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, telephone conversation and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract.

9.10. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. 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 in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder’s bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER’s website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.

9.13. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

9.14. BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or makes it difficult for others to use the services.

9.15. Links may be provided 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 through the SELLER’s website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding 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 and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; If the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of “Products for which the Right of Withdrawal Cannot Be Used” set forth in this contract. In case of exercising this right, 

a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of 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 indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.

e) If the value of the goods decreases due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period. 

f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods prepared in line with the BUYER’s request or clearly personal needs and that cannot be sent back, goods that are in danger of rapid deterioration or that may expire, are delivered to the BUYER. Products that are not suitable for health and hygiene to be returned if the 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, other than those provided within the scope of the subscription agreement, products that are instantly executed in the electronic environment In accordance with the Regulation, it is not possible to return services or intangible goods delivered immediately to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires, in accordance with the Regulation.

In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney’s fees that may arise from the BUYER, and in any case, in case of default due to the BUYER’s debt, the BUYER accepts, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections will be made to the arbitration committee or consumer court on consumer issues in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limit is below: 

Effective as of 28/05/2014:

a) To district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Law on Consumer Protection No. 6502,

b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,

c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.

14. ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, he/she is deemed to have accepted all the terms of this agreement. 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 placed.

SALES PERSON:
BUYER:
HISTORY:

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