Distance Sales Agreement
1. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
2. PARTIES
2.1. SELLER INFORMATION
title
{company}
address
{address}
Phone
0 (850) 302 99 14
Seller Email
{email}
2.2. RECEIVER INFORMATIONS
Delivery Person
{buyer}
Delivery address
{receiver_address}
Phone
{receiver_phone}
{recipient_email}
3. SUBJECT and SCOPE OF THE AGREEMENT3. INTERMEDIATE SERVICE PROVIDER INFORMATION
3.1.This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the relevant legislation and this Agreement.
3.2.This Agreement; It constitutes the determination of the rights and obligations of the Parties in accordance with the legislation regarding the sale and delivery of the products subject to the orders placed on the Site of Hiosis, where the Buyer's products are offered for sale.
3.3. The conclusion of this Agreement will not prevent the performance of the provisions of the membership agreements that the Parties have concluded separately; The Parties accept and declare that Hiosis is not a party in any way in the sale of the Goods/Services subject to this Agreement and that it does not have any responsibility and commitment regarding the fulfillment of the obligations of the Parties under the Agreement.
3.4. The Buyer shall be informed about the basic characteristics of the Goods/Services subject to sale, sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale, and the right of "withdrawal", that he/she confirms these preliminary information electronically and then accepts and declares that it has ordered goods or services in accordance with the provisions of this Agreement.
4. BASIC QUALIFICATIONS AND PRICE OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT
4.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Services/Products/Products are available on the Site. You can review the basic features of the product on the Site.
The cash or deferred sales price of the goods is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice content. Discounts, coupons, shipping charges and other applications made by Hiosis are reflected in the sales price.
4.2. The prices listed and reported on the site are the selling price. Reported prices and promises are valid until updated and changed. The prices announced for a period of time are valid until the end of the specified period.
4.3. Invoice Delivery: The invoice will be delivered to the delivery address together with the order.
4.4. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Delivery address
{receiver_address}
Delivery Person
{buyer}
Billing address
{receiver_address}
Order date
{Date}
Total amount
{amount}
5. GENERAL PROVISIONS
5.1. The Buyer accepts, declares and undertakes that he has read the preliminary information about the basic features of the Product, the sales price and payment method and the delivery on the Site and has given the necessary confirmation in the electronic environment.
The Buyer, as a consumer, can deliver his requests and complaints to the Seller contact information in the contract and/or through the channels on the Site.
5.2. 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, via the courier company that Hiosis has contracted, within the period specified in the preliminary information section of the website, depending on the distance from the Buyer's residence, provided that it does not exceed the legal period of 30 days. is done. If the Seller fails to fulfill its obligations within this period, the Buyer may terminate the Agreement.
The delivery date specified as “estimated delivery date” on the website is an estimate, and this expression does not include any commitment. These products will be delivered to the Buyer within 30 days at the latest, as specified in the legislation.
Sales person; In the event that the Buyer or the person to be delivered is not at the address at the time of delivery, it is not responsible for the damages and expenses arising from the Buyer's late delivery and/or non-delivery of the product.
5.3. The 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 the information and documents required by the business, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity. It accepts, declares and undertakes to perform, to maintain and increase the quality of service, to show the necessary attention and care during the performance of the work.
5.4. The Seller may procure a different product of equal quality and price, by informing the Buyer and by obtaining his express consent, before the expiry of the performance obligation arising from the Contract.
5.5. The Buyer shall confirm this Agreement electronically for the delivery of the Product subject to the Contract, in case the price of the product subject to the Contract is not paid for any reason and/or it is canceled in the records of the bank, financial institution, the Seller
It accepts, declares and undertakes that ı's obligation to deliver the product subject to the contract will come to an end. The Buyer accepts, declares and undertakes that the Seller has no responsibility for the payments made to the Seller by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
5.6. If the Buyer's credit card 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 after the delivery of the Product subject to the Contract to the person and/or institution at the address indicated by the Buyer, the Buyer It accepts, declares and undertakes that it will return the product in question to the Seller within 3 days at the Buyer's expense for transportation.
5.7. The Buyer shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the goods/services after delivery.
5.8. The delivery costs of the goods belong to the Buyer unless there is a contrary provision. If the Seller has declared on the Site that the delivery fee will be covered by himself, the delivery costs will belong to the Seller. The delivery of the goods is made if the stock of the Seller is available and in the promised time after the payment is made.
5.9. In cases where the performance of the goods or services subject to the order becomes impossible, the Seller; It is obligatory to notify the Buyer in writing within 3 (three) days from the date of learning about this situation or with the Buyer data keeper, and to return all collected payments, including delivery costs, if any, within 15 (fifteen days) at the latest from the date of notification. The fact that the goods are not in stock is not considered as the impossibility of fulfilling the goods.
In the payments made by the Buyer by credit card, 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 2 (two) to 3 (three) weeks, and that after this amount is returned to the bank, the Buyer's account is completely reflected in the bank transaction. The Buyer accepts, declares and undertakes that it cannot hold the Seller responsible for possible delays.
5.10. 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 shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the Buyer to submit a letter from the bank of the cardholder stating that the credit card belongs to him. The order will be frozen until the Buyer provides the information/documents subject to the request, and the Seller reserves the right to cancel the order if the aforementioned requests are not met within 24 (twenty-four) hours.
5.11. In the case of sending unordered goods, no claims can be made against the Buyer. In these cases; The fact that the Buyer remains silent or has used the goods cannot be interpreted as a declaration of acceptance for the conclusion of the contract.
5.12. Limits may be imposed on the number of products that the Buyer can order at the times announced on the Site. In the event that the Buyer orders more than the number of products specified in the announcements made on the Site, the orders may be canceled and the product prices will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that he has created his order by accepting these matters, and that Hiosis and/or the Seller have the right to cancel the order in orders exceeding the quantity limit.
5.13. Hiosis has the right to transfer the orders that the Seller cannot supply for any reason, to another Seller, provided that the delivery time is not exceeded in the legislation and has the same characteristics as the Buyer's product. In such a case, the product will be sent to the Buyer by the new Seller and the distance sales contract will be established between the new Seller and the Buyer. Hiosis and/or Seller shall not reflect any additional cost, fee and/or expense to the Buyer.
5.14. The buyer will be able to shop from more than one boutique on the Site in a single basket. More than one invoice may be issued by the Seller for each of the products purchased from different boutiques in the same basket. The Seller will be able to deliver the products purchased by the Buyer from different boutiques at different times, provided that they remain within the legal period in the legislation.
5.15. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank, and if Hiosis is aware of it, information about the campaigns is provided on our pages. Order from the cut-off date of your credit card
The total will be divided by the number of installments and reflected on your credit card summary by your bank. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
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6. RIGHT OF WITHDRAWAL
6.1. The Buyer may return the Product within 14 (fourteen) days from the date of receipt, without taking any legal or criminal responsibility and without giving any reason, by using its right of withdrawal.
6..2. Notification of the right of withdrawal and notifications regarding the Agreement will be displayed through the communication channels specified on the Site.
6.3. Since Hiosis is not a party to this distance sales contract, the right of withdrawal cannot be exercised against Hiosis or demand a refund from Hiosis. Only if the product price is still in Hiosis's account at the time of delivery of the product to the Seller for return, the product price will be returned to the Buyer.
6.4. The Buyer's right of withdrawal is subject to notification to the Seller or Hiosis within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Site.
6.5. In case of exercising the right of withdrawal:
The Buyer sends the Product back to the Seller with the contracted cargo company within 10 (ten) days from the use of his right of withdrawal.
The product box, packaging, standard accessories, if any, to be returned within the scope of the right of withdrawal, must be returned with the product as a gift, complete and undamaged. The Buyer is obliged to return the original invoice delivered with the Product.
6.6. If the buyer uses the product in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for any changes and deteriorations that occur.
6.7 As long as the Buyer sends the Goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the Seller. If there is no contracted cargo company branch of the Seller in the place where the Buyer is located, the Buyer may send it with any cargo company; In this case, the shipping cost belongs to the Seller.
If the Buyer sends the product to be returned with a cargo company other than the Seller's contracted cargo company; It accepts, declares and undertakes that the Seller will not be responsible for the return shipping cost and the damage to the product during the transportation process.
6.8. Within 14 (fourteen) days following the exercise of the right of withdrawal, the product price is returned to the Buyer as paid.
6.9. In cases where the Buyer uses his right of withdrawal or the product subject to the order cannot be supplied for various reasons or in cases where a refund is decided to the Buyer by the decisions of the arbitral tribunal, if the purchase is made with a credit card and in installments, the procedure for returning to the credit card is as follows:
If the Buyer has purchased the product in installments, the Bank makes the repayment to the Buyer in installments. After the Seller pays the entire product price to the bank at once, in the event that the installment expenditures made from the Bank's POS are returned to the Buyer's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the Buyer until the cancellation of the sale, if the return date and the account cutoff dates of the card do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
7. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
7.1. According to the Regulation, the Buyer cannot exercise its right of withdrawal for the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or Hiosis.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs
c) Contracts for the delivery of perishable or expired goods
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, provided that the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or recreation, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the Buyer.
h) Before the expiry of the right of withdrawal, the Buyer
Contracts regarding the services that are started to be performed with the approval of the CI.
The right of withdrawal cannot be exercised in terms of Goods/Services that are excluded from the scope of the Regulation (the regular deliveries of the Seller and the foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, as well as services in areas such as travel, accommodation, restaurant, entertainment sector).
8. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
8.1. Name, surname, e-mail address, T.R. ID number, demographic data, financial data, etc. informations; It can be processed by Hiosis for the cases listed in the Law and for the fulfillment of the contractual obligations.
8.2. SMS/short message, instant notification, automatic call by Hiosis for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made with computers, telephones, e-mails/mails, faxes and other electronic means of communication. The Buyer has accepted to receive commercial electronic messages.
8.3. The necessary measures for the security of the information and transactions entered into the Site by the Buyer have been taken by Hiosis in its own system infrastructure, within the scope of technical possibilities according to the content of the information and transaction. However, since the said information is entered from the devices belonging to the Buyer, it is the Buyer's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, so that they are protected by the Buyer and cannot be accessed by unauthorized persons.
9. STATUS OF DEADLINE AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions; The cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank.
In this case, the relevant bank may take legal action. I suppose; The Buyer shall be liable for the damage suffered by the Seller due to the delayed fulfillment of its debt.
10. NOTICES and EVIDENCE AGREEMENT
10.1. All kinds of correspondence to be made between the Parties within the scope of this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation.
10.2. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Hiosis, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, conclusive and exclusive evidence; accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
11. RESOLUTION OF DISPUTES
In the implementation of this Agreement, the Consumer Arbitration Committees and the Consumer Courts in the place where the Buyer purchases the Goods/Services/Products/Products and their residence are authorized up to the value declared by the Ministry of Commerce.
District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in article 68/1 of the Consumer Protection Law No. 6502.
12. ENFORCEMENT
This Agreement, which consists of 12 (twelve) articles, has been read by the Parties and has been concluded and entered into force by being approved by the Buyer electronically on the transaction date. A copy of the contract is available in the Buyer's membership account and can also be sent by e-mail upon request.