DISTANCE SALES AGREEMENT
1. PARTIES
This "DISTANCE SALES AGREEMENT" has been concluded between the seller and the buyer, whose names and addresses are specified below, under the specified conditions, with their free will and consent. The parties will hereinafter be referred to as "Seller" and "Buyer".
SELLER
Name/Denomination:
Tax Identification Code (CUI):
Full Address:
Phone Number:
MERSIS Number:
Email address:
BUYER
Name/Denomination:
Tax Identification Code (CUI):
Full Address:
Phone Number:
MERSIS Number:
Email address:
Cargo company the Buyer will send the goods to the seller in case of return:
2. SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Agreement ("Agreement") has been prepared in accordance with Law No. 6502 on Consumer Protection ("Law") and the Regulation on Distance Sales Agreements. The parties to this agreement declare and accept that they are aware of and understand their obligations and responsibilities under the Law and the Regulation. The subject of this agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of the goods or services, with the characteristics specified in the agreement, which are ordered electronically by the Buyer on the yakupstore.com platform belonging to Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi. The conclusion of this agreement does not prevent the execution of membership agreements separately concluded by the parties with yakupstore.com. The parties agree that yakupstore.com is not a party to the sale of the goods or services and has no responsibility or obligation regarding the fulfillment of the parties' obligations.
3. DELIVERY OF GOODS AND DELIVERY METHOD
The agreement enters into force after being approved electronically by the Buyer and is deemed concluded upon delivery of the goods or services to the Buyer, at the address specified in the order form, and to the authorized person(s).
4. DELIVERY AND RETURNS
The Buyer's requests will be processed for delivery at the end of the order and delivered to the courier company within a maximum of …………. business days from the order confirmation. The shipment status can be tracked by the Buyer via the provided tracking number (AWB). Products will be delivered by the courier determined by the Seller. Shipping costs and transport insurance, if any, are added to the invoice amount, and the Buyer accepts to pay them. The Seller is not responsible for damages that occur during transport. The Buyer has the right not to accept the package if they notice any visible damage. If damage or loss of use occurs due to transport, the Buyer must request a damage report from the courier before signing for delivery and return the product with the report. Otherwise, responsibility passes to the Buyer. If the defect is found to have existed before shipment, the replacement and reshipment of the product will be made within a maximum of 7 (seven) business days from the date the defective product reaches the Seller's warehouse. If the product cannot be supplied, the Seller will refund the payment in accordance with the terms of this agreement.
5. DELIVERY AND IMPLEMENTATION COSTS
Unless the Seller states on the website that they will cover these costs, delivery costs are borne by the Buyer. Delivery is carried out within the promised period after payment. If the provision of the service or the delivery of the goods becomes impossible, the Seller will inform the Buyer within 3 (three) days and refund all payments received, including delivery costs, within a maximum of 14 (fourteen) days. If payment is not made or is canceled by the bank, the Seller is released from the obligation of delivery. If the order is canceled after shipment but before delivery, shipping costs are borne by the Buyer.
6. BUYER'S STATEMENTS AND COMMITMENTS
The Buyer declares that they have read the preliminary information regarding the characteristics, price, payment method, and delivery of the product and have given the necessary electronic approval. Buyers can submit their complaints by using the seller's contact information or through the My Account > My Questions section. The Buyer is responsible if they receive a damaged or broken package from the courier. After delivery, if the credit card is used unauthorizedly without the fault of the buyer and the bank does not pay the seller, the buyer must return the product within 3 (three) days by covering the shipping costs.
7. SELLER'S STATEMENTS AND COMMITMENTS
The Seller is obliged to deliver the goods in good condition, complete, in accordance with the specified characteristics, and with warranty certificates and instruction manuals, if any. In cases of force majeure or extraordinary circumstances preventing transport, the Seller must inform the Buyer within 3 (three) days. The Seller cannot be held responsible if the person assigned for receipt (other than the Buyer) refuses delivery.
8. RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the goods or the purchase of services, without giving any reason and without paying any penalty. The withdrawal process can be initiated from My Account > My Orders > "Return" section. The product must be returned completely within 10 (ten) days from the notification of withdrawal, along with the invoice, box, packaging, standard accessories, and gifts received. The Buyer is not responsible for changes resulting from proper use during the withdrawal period. If the approved courier specified in the Preliminary Information Form is used, the return fee is covered by the Seller. All payments will be refunded to the Buyer within 14 (fourteen) days from the notification of withdrawal (provided the product is returned), using the same payment method used for the purchase.
9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Law, the right of withdrawal cannot be exercised in the following cases:
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Products whose price depends on fluctuations in financial markets beyond the seller's control;
Products prepared according to the buyer's specifications or clearly customized;
Products that are perishable or have a short shelf life;
Products whose packaging has been opened and are not suitable for return for health or hygiene reasons;
Goods that are inseparably mixed with other elements after delivery;
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Services initiated with the consumer's consent before the expiration of the withdrawal period;
Goods or services outside the scope of the Distance Sales Agreements Regulation (regularly delivered food, accommodation services, transportation, entertainment, etc.).
10. PRICE OF THE PRODUCT/SERVICE
The sales price is the price specified in the order form, confirmation email, and the invoice accompanying the product. Discounts, coupons, and shipping fees applied by the Seller or yakupstore.com are reflected in the final price.
11. DELAY (DEFAULT) AND LEGAL CONSEQUENCES
If the Buyer defaults on credit card installment payments, they will pay interest according to the contract they have with the relevant bank and will be responsible for this interest. In case of any delay in payment, the Buyer is responsible for the seller's damages arising from the late fulfillment of the obligation.
12. NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence between the parties will be made through the "My Account > My Questions" section or via email. The Buyer agrees that in case of a dispute, in accordance with the Civil Procedure Code, the official records, electronic data, and computer records of the Seller and yakupstore.com constitute exclusive and binding evidence.
13. DISPUTE RESOLUTION
The responsibility for the sold goods or services belongs to the Seller. Complaints can be submitted directly to the Seller or via yakupstore.com. The platform will provide support for resolution, but the ultimate responsibility rests with the Seller. The competent authority for any disputes arising from this agreement is the Istanbul Courts and Enforcement Offices.
This agreement, consisting of 13 (thirteen) articles, has been read by the parties and concluded on …./…./…….. with the electronic approval of the Buyer.
SELLER | BUYER
