DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been entered into between the following parties under the terms and conditions set forth below.
“BUYER”; (hereinafter referred to as the “BUYER”)
NAME – SURNAME:
ADDRESS:
“Bursa Uludağ University”; (hereinafter referred to as the “SELLER”)
NAME – SURNAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that if the order subject to this Agreement is approved, the BUYER shall be obliged to pay the order amount and any additional costs such as shipping fees and taxes, and that the BUYER has been duly informed in this regard.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette dated 27.11.2014, No. 29188),
SERVICE: Any consumer transaction other than the supply of goods that is carried out or undertaken in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the entity offering the goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This Agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to the transaction and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the Parties pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the characteristics and sales price of which are specified below.
The prices listed and announced on the website are sales prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Bursa Uludağ University Revolving Fund Management Directorate
5. BUYER INFORMATION
Person to Receive Delivery
Delivery Address
Phone
Fax
E-mail / Username
6. ORDERING PARTY INFORMATION
Name / Surname / Title
Address
Phone
Fax
E-mail / Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the SELLER, the basic characteristics of the relevant product may be reviewed during the campaign period and are valid until the end of such period.
7.2. The prices listed and announced on the website are sales prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
7.3. The total sales price of the goods or services subject to this Agreement, including all taxes, is shown below.
| Product Description |
Quantity |
Unit Price |
Subtotal
(Including VAT) |
| |
|
|
|
| Shipping Cost |
|
|
|
| Total: |
|
Payment Method and Plan
Delivery Address
Person to Receive Delivery
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost shall be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/Username
Invoice delivery: The invoice will be delivered together with the order to the billing address during the delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and is informed about the basic characteristics of the product subject to the contract, the sales price, the method of payment and the preliminary information regarding delivery on the SELLER’s website, and that the BUYER has provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that, prior to the establishment of the distance sales contract, the BUYER has obtained correctly and completely the address that must be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of 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 accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and, if any, with warranty certificates, user manuals and the information and documents required for the nature of the work; to perform the work free from any defects, in a sound manner in accordance with the requirements of applicable legislation and standards, within the principles of accuracy and good faith; to maintain and improve service quality; to exercise due care and diligence during performance; and to act prudently and with foresight.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining the BUYER’s explicit approval before the expiry of the performance period of the obligation arising from the contract.
9.5. If the performance of the ordered product or service becomes impossible and the SELLER cannot fulfill its contractual obligations, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date it becomes aware of this situation, and will refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if, for any reason, the price of the product subject to the contract is not paid and/or is canceled in bank records, the SELLER’s obligation to deliver the product subject to the contract shall terminate.
9.7. If, after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized and unfair use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure events such as circumstances developing beyond the will of the Parties, unforeseen in advance, and preventing and/or delaying the Parties from fulfilling their obligations, the SELLER accepts, declares and undertakes that it will inform the BUYER. The BUYER shall have the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery period until the preventing circumstance is eliminated. If the order is canceled by the BUYER, in payments made in cas
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes via the address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the site registration form or updated later by the BUYER, through letter, e-mail, SMS, telephone call and other means. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities stated above towards the BUYER.
9.10. The BUYER shall inspect the goods/service subject to the contract before taking delivery; the BUYER shall not accept from the cargo company any damaged or defective goods/service such as dented, broken, torn packaging, etc. It shall be deemed that the delivered goods/service is undamaged and intact. The obligation to protect the goods/service carefully after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must 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 regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the credit card statement for the previous month of the credit card used in the order, or a letter from the card holder’s bank stating that the credit card belongs to the card holder. The order will be frozen until the BUYER provides the requested information/documents, and if such requests are not met within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is accurate, and that the BUYER shall immediately compensate all damages that the SELLER may incur due to the inaccuracy of such information, upon the SELLER’s first notice, in cash and in full.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of applicable legislation while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall be entirely and exclusively binding upon the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a manner that infringes upon the material or moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be provided through the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not support any website or the person operating that website, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this Agreement shall be personally responsible, criminally and legally, due to such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, in the event that the matter is referred to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In case the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated by the BUYER, by notifying the SELLER, without assuming any legal or criminal liability and without providing any reason, by rejecting the goods and withdrawing from the contract. In distance contracts relating to service provision, this period starts from the date the contract is signed. In service contracts where performance has started with the consumer’s approval before the expiry of the right of withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be sent to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or e-mail, and the product must not have been used within the framework of the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” regulated in this Agreement. In case this right is exercised:
a) The invoice of the product delivered to the third party or to the BUYER (If the invoice of the product requested to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging and, if any, standard accessories of the products to be returned must be delivered completely and without damage.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt, to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deteriorations occurring due to the proper use of the goods or product within the right of withdrawal period.
f) If, due to the exercise of the right of withdrawal, the campaign threshold amount determined by the SELLER is fallen below, the discount amount benefited within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly in accordance with the BUYER’s personal needs and not suitable to be returned; underwear bottom parts, swimsuits and bikini bottoms, make-up materials, single-use products, goods that are likely to deteriorate quickly or have an expiry date that may pass; products that are not suitable for return in terms of health and hygiene if their 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 relating to periodicals such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER, cannot be returned pursuant to the Regulation. In addition, exercising the right of withdrawal for services whose performance has started with the consumer’s approval before the expiry of the right of withdrawal period is not possible pursuant to the Regulation.
For cosmetic and personal care products, underwear products, swimsuits, bikini, books, copyable software and programs, DVD, VCD, CD and cassette tapes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untried, undamaged and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults in case the BUYER makes payments by credit card, the BUYER accepts, declares and undertakes that the BUYER shall pay interest within the framework of the credit card agreement between the card holder and the bank and shall be liable to the bank. In such case, the relevant bank may resort to legal remedies; may claim the arising costs and attorney fees from the BUYER; and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER accepts, declares and undertakes that the BUYER shall pay for the losses and damages incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be made to the consumer arbitration committee or the consumer court located at the consumer’s place of residence or where the consumer transaction was carried out, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective as of 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, in disputes with a value below TRY 2,000.00 (two thousand), applications are made to district consumer arbitration committees,
b) In disputes with a value below TRY 3,000.00 (three thousand), applications are made to provincial consumer arbitration committees,
c) In provinces with metropolitan municipality status, for disputes with a value between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand), applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
When the BUYER completes the payment for the order placed via the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain approval confirming that this Agreement has been read and accepted by the BUYER on the Site before the order is completed.
SELLER:
BUYER:
DATE: