Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the provisions and conditions specified below:
A. 'BUYER'; (hereinafter referred to as the "BUYER" in the contract)
NAME - SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as the "SELLER" in the contract)
NAME - SURNAME: Marketing Birds Academy
ADDRESS: Åžemikler Mah. Ordu Blv. Ahmet PiriÅŸtina Balkan Kültür Merkezi No: 210 Karşıyaka - Ä°zmir, Türkiye.
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be under the obligation to pay the order amount, as well as any additional fees such as shipping costs, taxes, and acknowledges that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this agreement, the following terms shall represent the explanations written next to them:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf of or for the account of the entity offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or professional purposes,
WEBSITE: The website belonging to the SELLER,
ORDERER: The natural or legal person who requests goods or services through the website of the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Moveable goods subject to purchase and intangible goods such as software, sound, image, and similar goods prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product with the characteristics and sales price specified below, which the BUYER orders electronically through the website of the SELLER.
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 for a specific period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Marketing Birds Academy
Address: Åžemikler Mah. Ordu Blv. Ahmet PiriÅŸtina Balkan Kültür Merkezi No: 210 Karşıyaka - Ä°zmir, Türkiye.
Phone: +905538060183
Fax: -
Email: info@themarketingbirds.com
5. BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT/SERVICE INFORMATION
7.1. The basic features of the product(s)/service (type, quantity, brand/model, color, quantity) are published on the website of the SELLER. If a campaign has been organized by the Seller, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the campaign date.
7.2. 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 for a specific period are valid until the end of the specified period.
7.3. The sales price, including all taxes, of the product or service subject to the contract is shown below.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered via email during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically before the establishment of the distance sales contract. The BUYER acknowledges, declares, and undertakes that they have acquired, acknowledged, and undertook the correct and complete information regarding the address that should be provided to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the products ordered, the price of the products including taxes, payment, and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization designated by the BUYER at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed 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.
9.3. The SELLER undertakes, declares, and undertakes to deliver the subject matter of the contract in full, in accordance with the specified qualifications in the order and, if any, with warranty documents, user manuals, and all information and documents required for the job, free from any defects, in compliance with legal requirements, except for any defects, in accordance with standards, with accuracy and honesty, to maintain and improve service quality, to show the necessary attention and care during the performance of the job, to act with caution and foresight.
9.4. Without prejudice to the fulfillment of the obligation arising from the contract before the expiry of the performance obligation arising from the contract, the SELLER may supply a different product of equal quality and price with the express consent of the BUYER.
9.5. If the SELLER cannot fulfill its obligations arising from the contract in case of impossibility of performance of the ordered product or service, it accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns about this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract and, if the price of the product subject to the contract is not paid for any reason and/or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will be terminated.
9.7. After the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the product subject to the contract is used unjustly by unauthorized persons, the BUYER accepts, declares, and undertakes that they will return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period specified due to force majeure events such as the occurrence of events beyond the control of the parties, which could not be foreseen beforehand, and which prevent or delay the parties from fulfilling their obligations, it accepts, declares, and undertakes to notify the BUYER of this situation.
9.9. The SELLER has the right to reach the BUYER through letters, e-mails, SMS, telephone calls, and other means for communication, marketing, notification, and other purposes via the contact information provided by the BUYER on the registration form on the website of the SELLER or updated by the BUYER later. The BUYER acknowledges and declares that by accepting this Agreement, they acknowledge and declare that the SELLER may carry out the above-mentioned communication activities towards them.
9.10. The BUYER will inspect the product/service before taking delivery; they will not accept damaged or defective products/services such as dented, broken, torn packaging, etc. from the cargo company. It will be deemed that the delivered product/service is undamaged and intact. After delivery, the obligation to protect the product/service with care belongs to the BUYER. If the right of withdrawal will be exercised, the product/service should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit identity and contact information of the credit card holder used in the order, the previous month's statement of the credit card used in the order, or a letter from the bank stating that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be suspended, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other miscellaneous information provided when becoming a member of the SELLER's website is true and accurate, and in case of any damages that the SELLER may suffer due to the discrepancy of this information, they will compensate the SELLER immediately, in cash and in full, upon the first notification from the SELLER.
9.13. The BUYER undertakes and declares to comply with the provisions of the legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal responsibilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the website of the SELLER in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, or violates the material and moral rights of others, for an unlawful purpose, or in a way that prevents or makes it difficult for others to use the services (such as spam, virus, trojan, etc.). Furthermore, the BUYER cannot engage in activities that prevent or make it difficult for others to use the services (such as spam, virus, trojan, etc.).
9.15. Links may be provided from the website of the SELLER to other websites and/or contents owned and/or operated by third parties that are not under the control of the SELLER and/or operated by other third parties. These links are placed to provide convenience to the BUYER and do not support any website or the person operating that site and do not guarantee the information contained on the linked website.
9.16. The member who violates one or more of the articles mentioned in this agreement will be personally responsible for this violation in terms of criminal and legal matters and will indemnify the SELLER immediately for all damages that may arise from this violation upon the first notification from the SELLER. In addition, in case of initiation of legal proceedings due to the violation of the incident, the SELLER reserves the right to demand compensation from the member for not complying with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract concerns the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without assuming any legal or penal responsibility and without providing any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery to themselves or to the person/organization at the address indicated by them. In distance contracts related to the provision of services, this period starts from the date of signing the contract. In service contracts where the service provision has commenced with the consumer's consent before the end of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notification must be sent to the SELLER by registered mail, fax, or email within the 14-day period, and the product must not have been used within the framework of the provisions of the "Products for Which the Right of Withdrawal Cannot Be Used" regulated in this contract. In case of exercising this right,
a) The invoice of the product delivered to a third party or to the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns of orders issued on behalf of corporations will not be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price to the BUYER and return the documents that put the BUYER under debt within 10 days at the latest from the date of receipt of the withdrawal notification, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is liable to compensate the damages of the SELLER to the extent of their fault. However, the BUYER is not responsible for any changes or deterioration in the goods or products due to proper use during the right of withdrawal period.
f) In case the withdrawal right is exercised and the campaign limit amount set by the SELLER is exceeded, the amount of discount benefited under the campaign will be canceled.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest to the bank as per the credit card agreement between them and the card-issuing bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may request expenses and attorney's fees from the BUYER, and in any case of default on the part of the BUYER due to the delay in fulfilling the debt, the BUYER agrees, declares, and undertakes to compensate the damages incurred 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 submitted to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the following law. Information regarding the monetary limit is as follows:
Effective as of May 28, 2014:
a) In disputes with a value below 2,000.00 (two thousand) Turkish Lira as per Article 68 of the Law on the Protection of Consumers No. 6502, complaints will be submitted to the district consumer arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) Turkish Lira, complaints will be submitted to the provincial consumer arbitration committees,
c) In metropolitan municipalities, disputes with a value between 2,000.00 (two thousand) Turkish Lira and 3,000.00 (three thousand) Turkish Lira will be submitted to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. OPERATION
The BUYER is considered to have accepted all the terms of this agreement when they complete the payment for the order placed on the Site. The SELLER is responsible for making necessary software adjustments to ensure that this agreement is read and accepted by the BUYER on the Site before the order is placed.
SELLER:
BUYER:
DATE: