DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
‘BUYER’; (hereinafter referred to as "BUYER")
‘SELLER’; (hereinafter referred to as "SELLER" in the Agreement)
NAME-SURNAME: Pestest
ADDRESS: Fenerbahçe mah. İğrip Sok. 13/1, Kadıköy/ISTANBUL
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping fees and taxes, and that they have been informed accordingly.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised 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 of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The SELLER's website,
ORDERER: A natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER;
CONTRACT: This agreement between SELLER and BUYER;
GOODS: Movable goods and software, audio, video, and similar intangible goods prepared for use in electronic media, which are the subject of the transaction.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications 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 website are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
4. GENERAL PROVISIONS
4.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and the correct and complete payment and delivery information.
4.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's residence, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
4.3. The SELLER accepts, declares, and undertakes to deliver the product subject to this contract complete, in accordance with the specifications specified in the order, and with any warranty documents, user manuals, and any necessary information and documentation. It acknowledges, declares, and undertakes to perform the work in accordance with the principles of honesty and integrity, free from any defects and in accordance with legal requirements and standards, to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and to act with prudence and foresight.
4.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express consent before the expiration of the contractual performance obligation.
4.5. The SELLER acknowledges, declares, and undertakes that if the fulfillment of the ordered product or service becomes impossible and the SELLER is unable to fulfill its contractual obligations, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total price to the BUYER within 14 days.
4.6. The BUYER acknowledges, declares, and undertakes that it will electronically confirm this Agreement for the delivery of the contractual product. If, for any reason, the price of the contractual product is not paid and/or is cancelled in bank records, the SELLER's obligation to deliver the contractual product will terminate.
4.7. If the price of the contracted product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card after the product is delivered to the BUYER or the person and/or organization at the address specified by the BUYER, the BUYER acknowledges, declares, and undertakes to return the contracted product to the SELLER within 3 days, with the shipping costs borne by the SELLER. 4.8. If the SELLER is unable to deliver the contracted product within the specified time due to force majeure events beyond the parties' will, such as unforeseen circumstances that prevent and/or delay the fulfillment of the parties' obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER of the situation. BUYER also has the right to request from SELLER that the order be canceled, that the contracted product be replaced with a similar one, if any, and/or that the delivery time be postponed until the impeding condition is eliminated. In the event of cancellation of the order by BUYER, for payments made by cash, the price of the product will be paid to BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the order being cancelled by BUYER. BUYER acknowledges, declares, and undertakes that the average time for the amount refunded to SELLER's credit card to be reflected in the BUYER's account by the bank may be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares, and undertakes that SELLER cannot be held responsible for any possible delays.
4.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone calls, and other means, using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER on the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
4.10. The BUYER will inspect the goods/services covered by this agreement before receiving them; they will not accept damaged or defective goods/services, such as those that are crushed, broken, or have torn packaging, from the courier company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
4.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the credit card holder's identification and contact information, a previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
4.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate and that the SELLER will compensate the SELLER immediately, in cash, and in one lump sum for any losses incurred by the SELLER due to any inaccuracies in this information upon the SELLER's first notification.
4.13. The BUYER agrees and undertakes to comply with and not violate legal regulations when using the SELLER's website. Otherwise, all legal and criminal liabilities arising will be fully and exclusively binding on the BUYER.
4.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, the member may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others' use of the services.
4.15. The SELLER's website may contain links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the BUYER's convenience and do not endorse any website or its operator, nor do they constitute any guarantee regarding the information contained on the linked website.
4.16. Any member who violates one or more of the provisions of this agreement shall be personally liable for such violation, both criminally and legally, and shall hold the SELLER harmless from any legal or criminal consequences of such violations. Furthermore, if the incident is brought to court due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
5. RIGHT OF WITHDRAWAL
5.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address provided, without assuming any legal or criminal liability and without providing any justification, provided that the BUYER notifies the SELLER. For distance contracts relating to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's consent before the expiration of the right of withdrawal period. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed of their right of withdrawal.
5.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal Cannot Be Used" provisions of this contract. In the event of exercising this right,
a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of a corporate entity will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned must be returned complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total price and any documents that bind the BUYER to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.
e) If the value of the goods decreases due to the BUYER's fault, or if return becomes impossible, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the discount amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up, disposable products, goods prepared at the BUYER's request or clearly in line with their personal needs and not suitable for return; goods that are in danger of rapid deterioration or expiration; products that are unsuitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated by their nature; goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in electronic media or intangible goods delivered instantly to the consumer; audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables if the packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, it is not possible to exercise the right of withdrawal for services that began with the consumer's consent before the expiration of the right of withdrawal period.
Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their unopened, untested, undamaged, and unused packaging.
7. DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if the BUYER defaults on payment by credit card, they will pay interest and be liable to the bank in accordance with the credit card agreement between the cardholder and the bank. In such cases, the relevant bank may take legal action and claim any resulting costs and attorney fees from the BUYER. Under any circumstances, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the delayed payment of the debt.
8. AUTHORIZED COURT
Complaints and objections arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
Effective May 28, 2014:
a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, disputes with a value of less than 2,000.00 (two thousand) TL shall be referred to the district consumer arbitration committees.
b) For disputes valued under 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees.
c) In provinces with metropolitan status, for disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
9. ENFORCEMENT
BUYER is deemed to have accepted all the terms of this Agreement upon payment for an order placed through the Site. SELLER is obligated to make the necessary software adjustments to obtain confirmation on the Site that BUYER has read and accepted this Agreement before the order is placed.