DISTANCE SALES CONTRACT
- PARTIES
SELLER : ………………………………………………..(Hereinafter referred to as “SELLER”)
Address :
Phone : ………………………. (Customer Services) 212 ……………… (telephone central)
Fax : …………………….
E-Mail : musteridestegi@.................com.tr
Bank Account : ………………Bank …………………….. Branch (Branch No……..)
Account No.: …………………..
IBAN : TR……………………………………………………………………….
Mersis (Central Registration System) No.: …………………………………….
BUYER : ……………………………………………………..(Hereinafter referred to as “BUYER”)
Address :
Phone :
E-Mail :
- SUBJECT OF THE CONTRACT AND ORDER PLACING PROCESS
- This Contract covers the sales made through the Internet pursuant to the Regulation on Distance Contracts, which was published on the Official Gazette no 29188, dated 27.11.2014, and sets forth the rights and obligations of the Parties with respect to ordering and purchasing by BUYER of the products, goods and services (“Product/Products”) sold by SELLER through the website trtmarket.net (“Website”), and details of which are given in Article 3 of this Contract, and with respect to sales/delivery of the products to BUYER.
- BUYER shall add to the Product Basket those products that it has selected to purchase/order, select the “complete the order” tab, and be directed to the page for filling in the delivery/invoice details. After filling these details, BUYER shall select the payment method and fill in the details. After having completed these stages, BUYER shall read and approve/sign this contract online. As the last stage, BUYER shall approve the payment transaction and the purchasing/ordering transaction shall have been completed with the payment approval.
- PRODUCT PURCHASED:
Details of the Products ordered by BUYER, sales price, payment details and delivery details are specified below:
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Product name
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Color and size
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Product quantity
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Unit Price
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Total price
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Total of gift cards / coupons used
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Ordering transaction and shipment/courier fees
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ORDER PAYMENT TOTAL (VAT Included)
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- PAYMENT (COLLECTION) DETAILS
- The payment instruments that can be selected by BUYER are as follows:
- Credit Card
- Transfer to SELLER’s bank account
- Payment on Delivery
- ………………
- Method of Payment/Payment Instrument selected by BUYER : ……….
Card Type Visa :
Card Number :
Payment Credit Card :
Installment/Single Payment :
Total Amount :
- Unless SELLER stipulates otherwise in writing, BUYER should have paid the Product price in full before taking delivery of the Product. If the Product price is not paid to SELLER in full before delivery in cash sales, or the installment amount which is due and payable is not paid in installment sales, SELLER may unilaterally cancel the contract and abstain from delivering the Product.
- In the case that, for any reason following the delivery of the Product, the Bank/financial institution which issued the credit card by which the transaction is made, fails to pay the Product price to SELLER or claims back the price paid by it, BUYER shall be notified of this circumstance in writing, and in this case, BUYER shall re-send the product price within 3 days at the latest following the notification, and otherwise, the product shall be returned by BUYER to SELLER. If non-payment of the Product price arises from a fault or negligence of BUYER, the courier costs shall be borne by BUYER. SELLER may claim its Product price receivables by initiating enforcement proceedings without accepting return of the product, or exercise its right of filing lawsuit and other legal remedies in this respect.
- In the cases where BUYER pays the sales price with credit cards or installment cards etc. that it has obtained from banks (including financial institutions), all the opportunities provided by these cards are regarded as credit and/or installment payment opportunities provided directly by the institution which issued the card; and the Product sales made in this framework, the price of which is collected by SELLER in lump sum or in installments, are cash sales from the viewpoint of the parties to this Contract, rather than sales on credit or installment sales.
- In the case of BUYER’s default, a default interest at a monthly rate stipulated by the laws in force shall apply.
- DETAILS OF DELIVERY
- The delivery details notified by BUYER are as follows:
Name, Surname/Title :
Address :
Phone :
E-Mail :
Invoice Details :
- The Product which is the subject of the Contract shall be delivered to BUYER, or the third party/organization at the address shown by it on the Website, on the basis of the principles specified in this contract, on the condition that the legal period of 30 days is not exceeded.
- SELLER sends the Products and ensures their delivery through its contracted courier company. In the case that this courier company does not have any branch at the place where BUYER is resident, BUYER should take delivery of the Product from another nearby branch of the courier company notified by SELLER.
- If it is understood that it will not be able to provide the Product that is the subject of the Contract, SELLER may provide another product/service with equivalent quality/price, on the condition that it explicitly informs BUYER thereof within three (3) days following the date when it becomes aware of this circumstance and obtains its oral/written approval, and in this case, SELLER is deemed to have fulfilled its commitment that is the subject of the Contract by this means. BUYER is free regarding whether or not to give the aforementioned approval, and in the cases where it does not give approval, contractual/legal provisions with respect to cancellation of the order (termination of the Contract) shall apply.
- The Courier Companies deliver to BUYERS the consignments that they receive from SELLER, within approximately 3 (three) business days under normal circumstances, although this may change depending upon the relevant distance. However, SELLER does not assume any of the liabilities of the Courier Company arising from transport and the express delivery obligations thereof and it makes no commitment to BUYER in this respect.
- Generally and unless otherwise is expressly specified, the delivery costs (courier fee etc.) shall be borne by BUYER. Depending upon the campaigns organized by it at the time of sales, the terms of which are declared by it on the WEBSITE, SELLER may prefer not to reflect upon BUYER the aforementioned delivery costs in whole or in part.
- In the case that BUYER is not personally present at its address at the time of delivery of the Products and the persons at the address reject the delivery, SELLER shall be deemed to have performed its obligation in this respect. In the case that there is nobody at the address to take the delivery, it is the BUYER’s responsibility to contact the courier company and to track the shipment of the products.
- If the Product will be delivered to a person/organization other than BUYER, SELLER cannot be held liable in the case that the person/organization which will take the delivery is not present at its address or rejects the delivery. In such cases, any damages arising from the fact that BUYER has taken delivery of the Product late and the damages and expenses occurred due to the fact that the Product has waited at the courier company and/or the cargo has been returned to SELLER, shall be borne by BUYER.
- BUYER is obliged to check the Product at the time when it takes delivery of it and not to accept the Product when it observes a problem with the Product arising from the courier company, and to make sure that the courier company’s official issues a report in this respect. Otherwise, SELLER shall not assume any liability.
- If the Product cannot be delivered within the maximum legal period of 30 days due to states of emergency (adverse weather conditions, heavy traffic, earthquake, flood, fire etc.) other than normal sales/delivery circumstances, SELLER shall inform BUYER in relation to the delivery. In this case, BUYER may cancel the order, place an order for a similar product, or wait until the state of emergency ends.
- SIGNIFICANT NOTIFICATIONS TO BUYER:
- BUYER accepts and confirms that, before BUYER entered into this Contract through the Website, and before the ordering and payment stages, it has seen, read and understood all the general/special explanations on the following particularities, contained in the relevant pages and sections of the Website.
- That SELLER’s title is TURKISH RADIO AND TELEVISION CORPORATION and its contact details and up-to-date introductory information are …………………………………………… ………………………………………………………………………………. ,
- That the sales transaction stages during purchasing of the Product(s) from the Website are as specified in article 2.2 of this contract, and the appropriate means/methods for the purpose of correcting any information which is entered incorrectly, are ……………………………………………. ,
- That the rules applied by SELLER with respect to confidentiality and data use/processing of BUYER’S data and electronic communication with BUYER, the permits given by BUYER to SELLER on these matters, BUYER’s legal rights, SELLER’s rights, and the procedures regarding the Parties’ exercise of their rights, are as stated in the link ………………………..,
- That the shipment restrictions stipulated by SELLER for the Products are as specified in this contract,
- The payment methods/instruments accepted by SELLER for the Product(s) that are the subject of the Contract, the basic characteristics/qualifications of the Products, and their total price including taxes (total price to be paid by BUYER to SELLER including the relevant costs),
- Information on the procedures with respect to delivery of the Products to BUYER and the transport/delivery/courier costs,
- Other payment/collection and delivery details in relation to the Products and information on performance of the Contract, and the commitments/liabilities of the parties on these matters,
- List of those Products and other goods/services on which BUYER has no right of rescission,
- Terms and conditions, period, and procedure for exercising the right of rescission in the cases where BUYER has this right, and that, if this right is not exercised in due time, BUYER shall lose its right of rescission,
- That, for those Products for which right of rescission exists; in the case that the Product is impaired or altered within the period available for rescission due to the fact that it is not used in compliance with its usage instructions, normal operation, or technical specifications, BUYER’s request of rescission may be rejected, and that in any case BUYER shall be liable against SELLER, and in the cases where SELLER accepts to do so, SELLER may collect an amount that it shall deem appropriate according to the aforementioned impairment or alteration, by deducting the same from (by set-off against) the refund payment that it shall make to BUYER,
- The way how BUYER can return the Products to SELLER in the cases where right of rescission exists, and all the relevant financial particularities (including means and cost of returning the Products, return of the Product price, and the discounts and set-off that can be made by BUYER during the return process in relation to the benefits such as points or coupons etc., if applicable),
- That, if BUYER is a legal person, it cannot exercise the “consumer rights” for those Products that it has purchased for commercial or professional purposes (for example, mass purchases are in any case deemed to be within the scope of this qualification), including in particular the right of rescission,
- That, since this Contract, together with all other terms of sales that are contained also in this Contract depending on their nature, are sent to BUYER by e-mail after they are executed and approved by BUYER on the Website, they can be kept and accessed thereby by BUYER for any period it wishes, and that SELLER can also keep them for three years,
- The contact details which BUYER may use to send its complaints to SELLER in the cases of disputes; and that BUYER may file its legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
- RIGHT OF RESCISSION AND TERMINATION OR CANCELATION OF THE CONTRACT
- BUYER is entitled to rescind this Contract without showing any reason and without paying any penalty clause, within fourteen (14) days from the date when it has taken delivery of the Product. The provision of article 7.11 of this Contract is reserved.
- The period available for exercising the right of rescission starts on the date when BUYER (or a third party on behalf of BUYER) takes delivery of goods. However, BUYER may exercise the right of rescission also within the period from the time of entry into the contract to delivery of goods. The following dates are taken as basis in determination of the period available for exercising the right of rescission:
- a) In the case of those goods which are the subject of a single order but delivered separately, the day when BUYER or the third party designated by BUYER has taken delivery of the last product,
- b) In the case of those goods consisting of more than one part, the day when BUYER or the third party designated by BUYER has taken delivery of the last part,
- c) In the case of those contracts where regular delivery of goods is made for a certain period, the day when BUYER or the third party designated by BUYER has taken delivery of the first product.
- In the cases where it is possible to exercise the right of rescission, BUYER is legally liable for the changes and impairments occurred as a result of failure to use the goods within the period available for rescission in accordance with their operation, technical specifications and usage instructions. Accordingly, in the case that any change or impairment occurs in the period until the date of rescission due to failure to use the Product in accordance with its usage instructions, technical specifications and operation, BUYER may lose its right of rescission, and in the cases where it is accepted by SELLER, price of the Product to be returned may be discounted at an amount equal to the value of change / impairment.
- In the cases where right of rescission is available, BUYER should send to SELLER an express notice regarding that it has exercised its right of rescission, within the legal period of 14 days. The rescission can be communicated to the above-specified contact addresses or through the link ………………………. Within ten days following the date when BUYER sends the notice regarding that it has exercised its right of rescission, BUYER is obliged to send the product at its own expense to the above address of SELLER.
- In the case of rescission, if the courier company contracted for product returns is specified on the Website, BUYER may send the Product from any branch of such Courier Company in the same province where it is located, and in this case, no expense is received from BUYER.
- In the return process, the Product should be delivered in full and free of damage, together with its box, package, and all standard accessories thereof if any. Furthermore, pursuant to the tax legislation, in addition to those circumstances where BUYER is legally required to issue a Return Invoice, the section regarding the return on the invoice which will be returned together with the Product should be filled in and signed. The order returns, the invoice for which is issued in the name of corporations (legal persons), shall not be accepted unless a Return Invoice is issued, on the condition that the rights available in this respect regarding that the transaction is not a consumer transaction are reserved.
- The address where the Product will be returned is SELLER’s address or the address of the courier company to which the Product is handed over for return.
- On the condition that the requirements specified under this contract are fulfilled by BUYER; within 14 days following receipt of the notice of rescission by SELLER, the Product price and the costs of delivery of the Product, if any, to BUYER, shall be returned to BUYER in accordance with the payment instrument used by it while purchasing the Product. Also, in the case of order cancellations and terminations of the Contract, if the Product price has been collected, this price shall be returned to BUYER within maximum 14 days in accordance with the payment instrument used by it while purchasing the Product. For example, in the case of payments by credit card, the return transaction is also made by returning the relevant amount to BUYER’s credit card, and the Product price is returned to the relevant bank within the same period following rescission, termination or cancellation, and since, after return of this amount by SELLER to the bank, reflection of this amount to BUYER’s accounts is completely dependent on the banking transaction process, BUYER accepts in advance that it will not be possible for SELLER to make any intervention and to assume any liability for possible delays (reflection of the returned amount by banks to BUYER’s account may generally take up to three weeks).
- SELLER has and reserves its rights of set-off, discount and deduction arising from this Contract and law with respect to the amount to be returned. BUYER also has and reserves its legal rights for those circumstances where the Contract is terminated by BUYER due to non-performance by SELLER of its obligation.
- BUYER’s legal rights/liabilities for the Products following the period available for exercising the right of rescission and SELLER’s contractual and legal rights of collection/set-off from BUYER, including those in relation to reward points, and its other rights and obligations, are also existing and valid.
- Pursuant to legal regulations, there is no right of rescission in the below-specified contracts for goods/services, even if the same has not been used/benefited from:
- a) Goods prepared in accordance with BUYER’s special requests or its personal needs (including those that are customized according to the person/personal needs by making changes or additions thereon, and special Products imported/procured domestically or from abroad based on BUYER’s order),
- b) Goods such as cosmetics etc. and perishables or those the best before date of which may expire, such as foodstuff including chocolate etc.
- c) Goods such as cosmetics, swimsuits and underwear etc., the protective elements of which such as packaging, tape, seal or wrapping are opened following the delivery and return of which is not appropriate for health/hygiene reasons,
- d) Goods that are mixed with other products after delivery, and which cannot be separated by their nature,
- e) Computer consumables and any product with digital content such as books, CDs, DVDs, sound and video recordings and software etc., the protective elements of which such as packaging, tape, seal or wrapping are opened,
- f) All services performed instantly in electronic environment and any intangible goods delivered to consumer instantly,
- g) Goods or services, prices of which change depending upon the fluctuations in financial markets beyond the control of seller/provider,
- h) Periodical publications such as newspapers and magazines, other than those provided under subscription contracts,
- i) Services of accommodation, carriage of goods, car rental, provision of food and beverages, and good use of leisure time for entertainment or recreational purposes, which are required to be provided on a specific date or within a specific time period,
- j) Those services the performance of which has started upon BUYER’s approval within the period available for exercising the right of rescission,
- k) Other goods/services which are generally deemed to be out of the scope of distance sales pursuant to the relevant legislation, and the cases where BUYER makes a purchase for commercial/occupational purposes.
- SPECIAL TERMS APPLICABLE IN THE CASES WHERE BUYER PAYS THE PRICE OF THE PRODUCT THAT IS THE SUBJECT OF THE CONTRACT BY USING METHODS SUCH AS SPECIAL DISCOUNTS, COUPONS, BONUSES OR POINTS ETC.
- In the case that a contract is made with an Institution or Organization (“Organization”), which allows BUYER to earn discount coupons, points, gifts etc. in those shopping transactions made through SELLER’s Website, and if BUYER has, as a result of the aforementioned contract of SELLER and also the contract made by it with the aforementioned Organization, earned such a benefit such as reward point, coupon, gift or discount etc. due to its shopping transaction that is the subject of this Contract; in the case that a refund is to be made to BUYER upon rescission and otherwise termination of this Contract/ cancellation of the order, amount (monetary value) of those reward points, coupons, discounts, gifts etc. earned by BUYER with the purchasing that is the subject of this Contract shall be recovered from BUYER or set-off against the amount to be returned to BUYER. Also, the benefits granted to BUYER within the scope of the campaigns such as “free courier” or “discount at certain rates in the shopping transactions above a specific price” or the amounts in relation to these benefits shall also be taken back or set-off against the amount to be returned to BUYER, or this circumstance shall be taken into consideration in the refunds to be made.
- In the cases where BUYER is determined to have unjustly earned or used reward points in any way, SELLER may collect from BUYER the monetary value/amount of the aforementioned reward points (from credit card, in cash or by other legal methods). Likewise, with regard to those goods given by SELLER to BUYER as gift, in the case that BUYER is determined to have gained such gift fraudulently or unjustly, SELLER may collect from BUYER the monetary value/amount of the points of the aforementioned goods given as gift (from credit card, in cash or by other legal methods).
- Other particularities in relation to gaining and use of reward points and the like, are subject to the provisions of the agreements/contracts between the Organization in question and BUYER and SELLER, and in the relevant cases, SELLER may exercise all the rights/powers specified both herein and in the aforementioned contracts/agreements against BUYER and the organization, and carry out the relevant transactions on behalf of and/or for the account of the aforementioned organization and/or other workplaces in the same system.
- Entitlements such as reward points, gift cards etc. that are used are in no way refundable after having been expended.
- SELLER assumes no liability for any dispute between BUYER and the aforementioned Organizations and any pecuniary, legal, financial and non-financial consequences thereof.
- OTHER RIGHTS OF BUYER
- BUYER may notify SELLER of its requests and complaints in relation to the Product and the sales, orally or in writing through SELLER’s communication channels specified in the introduction section of the Contract.
- Since the aforementioned Notices and this Contract are sent to its specified e-mail address notified by it after its acceptance, BUYER may at all times access to the said documents and view the texts thereof by recording and keeping the relevant e-mail on its device. On the other hand, the said notices and this contract shall be kept in SELLER’s systems for three years.
- SECURITY-CONFIDENTIALITY
The measures necessary for security of the information entered and the transactions made by BUYER on the Website are taken in the system infrastructure on SELLER’s side, to the extent of today’s technical opportunities according to the nature of the information and transaction. On the other hand, since the aforementioned information is entered from BUYER’s device, BUYER is responsible for taking the measures necessary to make sure that they can be protected by BUYER and cannot be accessed by irrelevant persons, including those in relation to viruses and similar malicious applications.
- PROTECTION OF PERSONAL DATA
- BUYER’s data obtained during its subscription to the Website and its shopping transactions can be recorded, stored in printed/magnetic archives, updated in the cases where deemed necessary, shared, transmitted, transferred, used and processed in other ways by SELLER, its group companies, contracted organizations and affiliates, and their successors, for any electronic and other commercial/social communication to be made for information, advertisement, promotion, sales, marketing, and shopping card, credit card and subscription applications, for an indefinite period of time or for such period to be prescribed by them. These data may also be sent to the relevant Authorities and Courts in the cases where it is legally required. BUYER has given its consent for its existing and new personal/non-personal data to be used, shared and processed within the above scope and in accordance with the legislation on the protection of personal data and electronic commerce legislation, and for commercial/non-commercial electronic and other communications to be sent to it.
- BUYER may at all times reach SELLER through the aforementioned communication channels and cease the data use/processing and/or communications. Upon BUYER’s explicit notice in this respect, personal data processing and/or the communications sent to it are ceased within the maximum legal period; and in addition, if it wishes so, its data, apart from those that are legally required to be kept and/or can legally be kept, are deleted from the data recording system, or anonymized in a way that will render them not identifiable. BUYER may, if it wishes so, contact SELLER at all times through the aforementioned communication channels and request information on the transactions in relation to processing of its personal data and the persons to whom such data are transferred, and request the correction of such data if they have been processed deficiently or incorrectly, the notification of relevant third parties of such corrected data, the deletion or destruction of its personal data, and provision of compensation for its damages incurred due to unlawful processing of its personal data, and may obtain information on these matters, or object to emergence of a consequence that will be to its detriment as a result of analysis made through automated systems. BUYER’s applications and requests on these matters shall be fulfilled within the maximum legal periods, or they may be rejected with an explanation regarding the legal grounds thereof.
- RULES IN RELATION TO INTELLECTUAL/INDUSTRIAL RIGHTS
All intellectual/industrial rights and property rights in relation to any information and content on the Website, and the editing, revision and use in part/full thereof, shall belong to SELLER.
- BUYER’S LEGAL REMEDIES - COMPETENT JURISDICTIONS
- In relation to any dispute which might arise from this Contract, the District and Provincial Consumer Arbitration Committees shall be competent and shall have jurisdiction for claims within the monetary limits annually determined/announced by the Ministry of Customs and Trade as required by law, and Consumer Courts shall be competent and shall have jurisdiction in disputes involving claims exceeding the said limits.
- BUYER may apply to the Arbitration Committees and Consumer Courts located at the place of its residence, or the residence of SELLER if it wishes.
- BUYER accepts and declares that it has read all the terms and conditions and explanations written in this Contract and the orders/preliminary information on the contract (contained on the Website) constituting an integral part of the Contract, that it has obtained information in advance on all matters written in this Contract including the basic characteristics/qualifications of the Product(s) that are the subject of the sales, their sales price, method of payment, delivery terms, all other preliminary information/data in relation to SELLER and the Products that are the subject of the sales, the terms and conditions on the right of rescission, personal data/electronic communication and reward points, that it has seen all of these explanations in electronic environment on the Website, and that also, it has confirmed/approved/accepted/permitted all these in electronic environment, placed an order for the Products, and accepted the provisions of this Contract. Both the aforementioned preliminary information and this Contract are also sent to the above electronic mail address notified by BUYER to SELLER, and the said electronic mail also contains the confirmation of receipt of the order together with the summary of the order.
- SELLER’s records (including those records in magnetic environments such as computer/audio records) shall constitute evidence and Turkish Law shall be applied in resolution of any dispute that may arise from this Contract and/or its application; the rights of the parties arising in this respect from the Turkish mandatory legal provisions are valid and reserved.
This contract was executed on ………………., upon signing of the contract by BUYER with the approval that it has given through the Website.
BUYER SELLER
ANNEX
SAMPLE FORM FOR RESCISSION OF CONTRACT
(This form shall be filled in and sent only in the case that the right of rescinding the contract is intended to be exercised.)
To : (This section, which will be filled in by Seller, shall contain Seller’s name, title, address, e-mail address and fax number, if any.)
I hereby declare that I am exercising my right to rescind the below contract for sale of goods or provision of services.
Date of order or delivery :
Goods or services that are the subject of the right of rescission :
Price of goods or services that are the subject of the right of rescission :
Name and surname of the consumer :
Address of the consumer :
Signature of the consumer : (Only in case that the form is sent in hard copy)
Date :
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