DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
Company Trade Name: GÜRTOUR TURİZM ve SEYAHAT LTD. ŞTİ
Address : Ergenekon Mah. Cumhuriyet Cad. Seyran Apt. 157/5 34373 Şişli-Harbiye / İSTANBUL
Telephone: 0850 888 7609
E-mail : email@example.com
Name and Surname :
E – mail :
(Hereinafter referred to as “BUYER”.)
ARTICLE 2 – SUBJECT AND SCOPE OF THE CONTRACT
The Distance Sales Contract (“Contract”) has been arranged in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. The parties of the Contract acknowledge and declare that they know and understand the obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Contract. The subject of the contract is that the Buyer, GÜRTOUR TURİZM ve SEYAHAT LTD. ŞTİ. (“VirtualFairs365”) ‘s www.VirtualFairs365.com or other domain names linked to the service offered (“Website”), regarding the sale and delivery of the goods / services that the Seller has electronically ordered for the purchase of the products, which have the qualifications specified in the contract. As per the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts, it constitutes the determination of the rights and obligations of the parties.
Conclusion of the settlement will not prevent the execution of the provisions of the Website membership agreements concluded by the parties separately with VirtualFairs365, and the parties acknowledge and declare that VirtualFairs365 is not a party to the sale of the product subject to this Agreement and has no responsibility and commitment to the parties to fulfill their obligations under the Agreement.
ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE CONTRACTED GOODS
The type and type, quantity, brand / model, color and sales price including taxes and delivery information of the product / products are as follows:
ARTICLE 3.1 – INVOICE INFORMATION
Name / Surname / Title:
ARTICLE 4 – DELIVERY OF GOODS AND METHOD OF DELIVERY
The contract has entered into force upon approval by the Buyer, It is performed by delivering the Goods / Service purchased by the Buyer from the Seller to the Buyer. The goods / services will be delivered to the person (s) at the address specified in the order form of the Buyer and in this contract.
Person to be Delivered :
Delivery address :
ARTICLE 5 – DELIVERY COSTS AND ITS PERFORMANCE
Delivery costs of the Goods / Service belong to the Buyer. If the Seller declares on the website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is made within the promised period after the stock of the seller is available and the payment is made. The Seller delivers the Goods / Service within 30 (thirty) days from the order of the Goods / Service by the Buyer, and reserves the right to extend an additional 10 (ten) days by written notification within this period. If, for any reason, the Goods / Service fee is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be freed from the obligation to deliver the Goods / Service.
ARTICLE 6 – BUYER’S DECLARATIONS AND COMMITMENTS
The Buyer declares that she/he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method and delivery of the contractual product on the Website and has given the necessary confirmation electronically. Buyers can convey their demands and complaints in the capacity of Consumers through the channels provided by the Seller contact information above.
The Buyer confirms this Agreement and the Preliminary Information Form electronically, he / she has received the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information.
If the Buyer will inspect the Goods / Service subject to the Contract before delivery, ( if it is damaged, broken, the package is torn, etc. ) In case of receiving the damaged and defective Goods / Service from the courier company, the responsibility belongs entirely to him/her. The Goods / Service received by the buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility of the Goods / Service and damages belong to the Buyer. If the relevant bank or financial institution does not pay the price of the goods / services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the Goods / Service, The Buyer is obliged to return the Goods / Service to the Seller within 3 (three) days, provided that it has been delivered to her/him. In this case, delivery costs belong to the Buyer.
ARTICLE 7 – SELLER’S DECLARATIONS AND COMMITMENTS
The seller is responsible for delivering the Contractual Goods / Service to the Buyer in accordance with the Consumer Legislation, in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the seller cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances preventing transportation, he/she is obliged to inform the Buyer as soon as possible. If the Contractual Goods / Service is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the delivery person does not accept the delivery.
ARTICLE 8 – RIGHT TO WITHDRAWAL
Within 7 (seven) days from the date the Buyer received or signed the contract without any legal or criminal liability and without any justification, The Seller undertakes that the buyer has the right to withdraw from the contract by refusing the goods or services and that the Seller will take back the goods from the date of receipt of the withdrawal notification to the Seller. The notification of the right of withdrawal and other notices regarding the contract may be sent via the seller contact information channel of the seller and the above mentioned seller. SINCE “DP” IS NOT A PARTY OF THIS DISTANCE SALES CONTRACT, THE RIGHT OF WITHDRAWAL CANNOT BE USED OR REQUESTED AGAINST “DP”.
In order to use the right of withdrawal, it is obligatory to notify the Seller in accordance with the provisions of the legislation. If the right of withdrawal is performed:
a) It is obligatory to return the product delivered to the Buyer or the third party informed by her/him.
b) The box, packaging, standard accessories (if any) of the products to be returned within 7 (seven) days must be delivered complete and undamaged. The product price is returned to the Buyer within 10 (ten) days following the use of the right of withdrawal and the delivery of information. While the product is returned to the Seller, the original invoice submitted to the Buyer during product delivery must also be returned. Return shipping fee belongs to the Seller. The return part of the invoice to be returned with the product will be filled and signed by the Buyer.
ARTICLE 9 – CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases:
a) The service contracts that started with the approval of the consumer, before the expiration of the right of withdrawal
b) Contracts for goods whose prices are determined in the stock market or other organized markets
c) Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly her/his personal needs, which are not suitable for return and are in danger of rapid deterioration or are likely to expire
d) Contracts for audio or video recordings, software programs and computer consumables, provided that the package is unpacked by the consumer
e) Contracts for the delivery of periodicals such as newspapers and magazines
f) Contracts for the performance of betting and lottery related services
g) Contracts for services rendered in electronic environment and intangible goods delivered instantly to the consumer.
ARTICLE 10 – RESOLUTION OF DISPUTES
If the consumers have problems with the Seller, if the Seller cannot solve the problem, they will be able to apply to the Arbitration Committee for Consumer Problems in the place where they purchased the product or where they have their residence for complaints and appeals related to transactions up to TL 1,161.67. They will be able to make their complaints and appeals to the Consumer Court where they purchased the product or where they have their domicile, regarding transactions with a product price of more than 1,161.67 TL.
In the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 01.08.2003 and numbered 25186, The lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be assigned and authorized to deal with the disputes is 3,032,65 TL.
ARTICLE 11 – PRICE OF GOODS / SERVICES
The cash or deferred price of the goods / service (Although the down payment price is included in the order form) is the price present in the invoice content sent to the customer together with the sample invoice sent to the customer at the end of the order. Discounts, coupons and other items made by the seller or VirtualFairs365 are reflected in the selling price.
ARTICLE 12 – DEFAULT STATE AND LEGAL RESULTS
If the buyer goes into default in her/his transactions with her credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; and may request the costs and the counsel’s fee from the Buyer. Under all circumstances, if the Buyer goes into default due to the debt, the Buyer agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.
ARTICLE 13 – NOTIFICATIONS and EVIDENCE AGREEMENT
All kinds of correspondence between the Parties under this Contract will be made via e-mail, except for the obligatory cases listed in the Law. Buyer, in the disputes that may arise from this Agreement, The Buyer undertakes that VirtualFairs365’s official books and commercial records, electronic information and computer records kept in its database, servers and computer records will constitute binding, conclusive and exclusive evidence. The buyer also 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.
ARTICLE 14 – ENFORCEMENT
This Agreement, which consists of 14 (fourteen) articles, has been read by the Parties and approved by the Buyer in electronic form and entered into force immediately.
After this Preliminary Information Form is read and accepted electronically by the BUYER, the phase of establishing a Distance Sales Contract will be initiated.
I confirm that I have obtained the preliminary information specified in this Preliminary Information Form.
SELLER : GÜRTOUR TURİZM ve SEYAHAT LTD.ŞTİ.