Distance
Sales Agreement
Distance Sales Agreement ("Agreement")
1. PARTIES
This Distance
Sales Agreement ("Agreement"), Mustafa Kemal Mh. 2118 Cd. Maidan
Business Center 4 C Blok No: 140 Çankaya / Ankara address between ASAY GLOBAL
E-Commerce and Consultancy Limited Company ("Seller") and the Buyer
("Buyer") whose address is specified in Article 5.
2. DEFINITIONS
The following
terms used in this Agreement shall have the meanings set out opposite them:
Ministry Ministry of Trade
Law Law on Consumer Protection
Regulation Distance Selling Regulation
Service: Any consumer transaction that is
subject to the Distance Selling Contract and is performed or undertaken to be
performed in return for a fee or consideration, other than the delivery of
goods.
Seller: A natural or legal person who
supplies goods to consumers for commercial or professional purposes and acts on
behalf of or on account of the supplier.
Purchaser: A natural or legal person who
purchases, uses or acquires a good or service other than for commercial or
professional purposes.
Website: The Seller's website located at
https://io-concept.com.
Orderer:
The natural or
legal person who requests goods or services from the Seller through the
Seller's website at https://io-concept.com.
Parties Seller and Buyer.
Contract: This Contract between the Seller and the Buyer.
Product or
Products: Movable goods, residential or vacation properties, software, audio, video
and similar products with the characteristics and sales price specified on the
Seller's website, which the Buyer purchases electronically and which are the
subject of the Contract.
Price: The price payable by the Seller for
the Products purchased by the Buyer as set out on the Seller's website.
TOPIC 3
The subject
matter of this Agreement is the sale and delivery of the Product ordered by the
Buyer electronically through the Seller's website, whose specifications and
sales price are specified below, and the determination of the rights and
obligations of the Parties in accordance with the provisions of the Law and the
Distance Selling Regulation. The prices stated and announced on the website are
sales prices. The announced prices and promises are valid until they are
updated and changed. Prices announced for a limited period of time are valid
until the end of the specified period.
4. MATTERS TO
BE NOTIFIED TO THE BUYER FIRST
4.1. The Buyer
declares that he/she has examined, read, understood and understood all general
and specific explanations on the relevant pages of the website and that the
necessary information has been provided to him/her before accepting and
installing the Agreement on the website and placing an order and entering into
a payment obligation.
Title and contact details of the Seller and current promotional
information,
The stages of the sales process when ordering Products through the Website
and the appropriate tools and methods to correct incorrectly entered
information,
The professional chamber to which the Seller is affiliated (ATO-Ankara Chamber
of Commerce) and electronic contact information (Telephone 444 0
286, www.atonet.org.tr)
where information on the professional ethics rules stipulated by ATO can be
obtained,
The confidentiality, data use and processing and Buyer information applied
by the Seller and the Buyer's electronic communication rules and the Buyer's
permissions in these matters, the legal rights of the Buyer, the rights of the
Seller and the methods of exercising the rights,
Shipping restrictions stipulated by the Seller for the Products
Prior Informing the Buyer
This information is as follows:
Seller's information: Title, contact details and current
promotional information.
Ordering and payment process: How to order products from the
website, how to correct incorrectly entered information, payment methods and
means.
Selıcı's professional chamber information: ATO-Ankara Chamber of Commerce membership
and contact information regarding professional ethics.
Confidentiality and data use: The confidentiality, data use and
processing rules applied by the Seller for the Buyer's information, the Buyer's
electronic communication rules and the Buyer's permissions given to the Seller
in these matters.
Delivery: Information on the delivery of the products,
transportation and delivery costs.
Right of withdrawal: The products for which the Buyer
has the right of withdrawal and the products for which the right of withdrawal
cannot be exercised, the conditions, duration and procedure for exercising the
right of withdrawal, and that the right of withdrawal will be lost if the right
of withdrawal is not exercised in due time.
Returns: In cases where the right of withdrawal is exercised,
how the products will be returned, return methods, costs, refund of the product
price, and discounts and deductions that can be made for the reward points
earned/used by the Buyer during the return.
Opportunities: Terms and conditions for special opportunities offered
on the website from time to time.
Access to the Contract: The Contract will be sent to the
Buyer by e-mail after it has been approved by the Buyer on the website and may
be stored and accessed by the Buyer for the desired period of time and may be
stored by the Seller for three years.
Complaints and legal rights: In case of disputes, the Buyer may
submit complaints to the Seller, contact information and legal applications to
the District / Provincial Arbitration Committees and Consumer Courts.
4.2. The Buyer
declares that he/she has read, understood and accepted the information stated
above.
5. VENDOR
INFORMATION
Title: ASAY GLOBAL E-Commerce and Consultancy Limited Company.
Address: Mustafa Kemal Mh. 2118 Cd. Maidan Business Center 4 C
Blok No: 140 Çankaya/Ankara Mersis: 0086138205800001
Telephone: +90543 118 83 69
Fax: -
E-mail address: info@io-concept.com
6.
BUYER INFORMATION
Delivery Person:
Delivery Address:
Phone:
Fax:
Email/Username:
7-ORDERING PERSON
INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
8.
INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice
Delivery:
The invoice will be delivered with the order to the delivery address during
order delivery.
9. PRODUCT INFORMATION
9.1. Information
on the Products You Purchased:
Product Type: [Enter product type]
Quantity [Enter product quantity]
Brand/Model: [Enter the product brand and model]
Color [Enter product color]
Quantity: [Enter product quantity]
Basic Specifications: [Enter the main features of the
products]
Note: You can find
this information on the Seller's website. During the campaign, you can review
the main features of the products.
9.2. Price
Information:
Sale Price: [Enter the selling price including all taxes]
Price
Validity: Advertised
prices and promises are valid until they are updated and changed. Prices
announced for a period of time are valid until the end of the specified period.
9.3. Payment
Information:
Total
Price Including All Taxes: [Create a table showing the quantities, cash prices and subtotals of all
products in the table]
Shipping
Charge: The shipping
cost of the product shipment and any other additional charges such as taxes,
duties and fees will be paid by you.
9.4. Delivery
Information:
Delivery Address: [Enter delivery address]
Person to Deliver to: [Enter the person to be delivered]
Billing Address: [Enter billing address]
Order Date: [Enter order date]
Mode of Delivery: [Enter mode of delivery]
Note: You will be
asked to fill in this information during your order.
10. GENERAL PROVISIONS
10.1. Pre-Order
Information:
You hereby declare that you have read and informed and electronically
confirmed the basic characteristics, sales price, payment method and delivery
information of the product subject to the Contract on the website.
Confirming the Preliminary Information electronically means that you accept
that you have correctly and completely obtained the address that should be
given to you by the SELLER, the basic features of the products ordered, the
price of the products including taxes, payment and delivery information.
10.2. Delivery
Time:
Each product subject to the Contract shall be delivered to you or to the
address you specify within the period specified in the preliminary information
section on the website, provided that it does not exceed the legal period of 30
days. If delivery does not take place within this period, you may terminate the
Contract.
10.3. Obligations
of the SELLER:
The SELLER agrees to deliver the product subject to the Contract in full,
in accordance with the qualifications specified in the order and, if any, with warranty
documents, user manuals and necessary information and documents, to perform the
work in a sound and standardized manner in accordance with the requirements of
the legal legislation free from any defects, to maintain and improve the
quality of service, to show the necessary attention and care during the
performance of the work and to act prudently.
10.4. Supply of
Different Products of Equal Quality:
The SELLER may supply a different product of equal quality and price by
informing you and obtaining your express consent before the expiration of the
performance obligation arising from the Contract.
10.5. Payment
and Delivery:
You agree that you will confirm the Contract electronically for the
delivery of the product subject to the Contract and that the SELLER's delivery
obligation will end if the product price is not paid for any reason and / or
the transaction is canceled by the bank / financial institution.
In cases where the payment is made to the SELLER despite the unsuccessful code
sent by the bank or financial institution, you agree that the SELLER does not
have any responsibility.
10.6. Return in
case of Unauthorized Use:
If the price of the product is not paid to the SELLER as a result of
unauthorized credit card use after the delivery of the product subject to the
contract to you or the address you specify, you agree that you will return the
product to the SELLER within 3 days at the SELLER's expense.
10.7. Force
Majeure:
If the SELLER cannot deliver the product subject to the contract within the
period due to force majeure events that develop outside the will of the
parties, which are unforeseeable and prevent and / or delay the parties from
fulfilling their obligations, the SELLER agrees to notify you of the situation.
In this case, you have the right to cancel the order, to request from the
SELLER the replacement of the product with a precedent, if any, and / or to
postpone the delivery time until the obstructive situation is eliminated.
If you cancel the order, the product amount will be paid to you in cash and
lump sum within 10 days for cash payments. For payments made by credit card,
the product amount will be returned to the relevant bank within 7 days after
you cancel the order.
You agree that the average process of reflecting the amount returned to
your credit card by the SELLER to the bank may take 2-3 weeks and that the
reflection of this amount to your account after the return of this amount to
the bank is completely related to the bank transaction process, and that you
cannot hold the SELLER responsible for possible delays.
10.8. Receipt
and Inspection:
Inspection Before Delivery: The BUYER must check the packaging
before receiving the product from the cargo company and examine it for dents,
broken, torn, etc. damage.
Damaged Products: Do not accept damaged or defective
products. The cargo company must take the damaged product back.
Undamaged Products: Products received undamaged are
considered intact and ready for use.
Protection After Delivery: It is the responsibility of the
BUYER to carefully protect the products received.
Right of Withdrawal If you exercise your right of
withdrawal, you must not use the product and must return the invoice.
10.9. Security:
Credit Card Security: If the credit card used in the order
and the BUYER are not the same person or if a security vulnerability is
detected in the credit card used in the order, the SELLER may request your
identity and contact information, credit card statement or a letter from the
bank stating that the card belongs to you.
Order Freeze: If you do not submit this information within 24
hours, your order may be frozen. If you do not submit within 48 hours, your
order may be canceled.
10.10. Accuracy of Information:
Membership Information: You declare and undertake that all
the information you provide while becoming a member of the SELLER is correct
and not incomplete.
False Information: You are responsible for any damages
resulting from your provision of false or incomplete information.
10.11. Legal
Compliance:
Compliance with Laws: You agree to comply with the laws
and not to violate them when using the SELLER's website.
Liability: You are responsible for all legal and criminal
liabilities arising from your violation of the law.
10.12. Prohibited
Use:
Prohibited Activities: You may not use the SELLER's website
for purposes that disrupt public order, violate public morality, harass others
or for illegal purposes.
Spam and Virus: You may not engage in activities
such as spam, viruses or trojan horses that interfere with or disrupt the
services of others.
10.13. Third
Party Links:
External Links: On the website of the SELLER, there
may be links to websites that are not under the control of the SELLER and/or
belong to third parties.
Disclaimer of Liability: These links are for informational
purposes only and SELLER is not responsible for the content of these sites or
the persons operating them.
10.14. Breach of
Contract:
Liability: You shall be legally and criminally liable for any
breach of this agreement and hold the SELLER harmless from the consequences of
such breach.
Compensation: SELLER shall be entitled to recover from you any
damages it suffers as a result of the breach.
11. SPECIAL CONDITIONS
11.1. Campaigns:
The SELLER may, at its sole discretion, organize various campaigns on the
website from time to time. These campaigns may take place in more than one way
at the same time and discounts may be offered in amounts determined by the
SELLER.
In order to benefit from the campaigns, you must meet the conditions set by
the SELLER.
If you return the products you have purchased or exercise your right of
withdrawal, if you do not meet the conditions of the campaign, the discount
amount / benefit you benefit from the campaign will be canceled and deducted
from your return payment.
11.2. Benefiting
from More Than One Campaign:
If you can benefit from more than one campaign on the same invoice, the
campaigns will not be combined and you will only be able to benefit from a
single campaign.
You agree that you will not make any claim in this case.
11.3. Changes to
Campaigns:
The SELLER reserves the right to stop, update and change the conditions of
the campaigns announced on its website at any time.
You should review the campaign conditions before making any purchases.
11.4. Campaigns
Offered by Your Bank:
Your bank may offer more installments than the number of installments you
have selected or may offer services such as installment deferral.
Such campaigns are at the initiative of your bank and information is
provided on our pages if the SELLER is aware of them.
As of the cut-off date of your credit card, the order amount will be
divided by the number of installments you have selected and will be reflected
on your credit card statement by your bank.
The Bank may not distribute the installment amounts equally to the months
by taking into account the fractional differences.
Your detailed payment plan will be created by your bank.
12. RULES REGARDING PERSONAL DATA PROTECTION, COMMERCIAL ELECTRONIC
TRANSMISSION and INTELLECTUAL-Industrial RIGHTS
12.1. Protection
of Personal Data:
Within the scope of Law No. 6698 on the Protection of Personal Data
("KVKK"), information such as name, surname, e-mail address, Turkish
ID number, demographic and financial data as your personal data;
It may be recorded indefinitely or permanently, stored in written/magnetic
archives, used, updated, shared, transferred and processed in other ways by the
SELLER, affiliates of the SELLER and 3rd parties for the purposes of enabling
persons to perform technical, logistics, etc. services on behalf of the SELLER.
12.2. Commercial
Electronic Message:
In accordance with the applicable legislation, commercial electronic
communications may be sent to you by MOSER Tekstil Sanayi Ticaret Limited
Şirketi ("SELLER") for all kinds of products and services, credit
card and membership information, transactions and applications by SMS / short
message, instant notification, automatic call, computer, telephone, e-mail /
e-mail, fax, other electronic communication tools. You accept this.
12.3. Information
Security:
The SELLER has taken the necessary measures for the security of the
information and transactions entered on the website within its own system
infrastructure to the extent of today's technical facilities according to the
nature of the information and transaction.
However, since the information is entered from your devices, it is your
responsibility to take the necessary precautions against viruses and similar
pests and to prevent unauthorized access.
12.4. Your
rights:
You may request the SELLER to stop data use/processing and/or
communications at any time by contacting the SELLER through the specified
communication channels.
Upon your request, the processing will be stopped within the statutory
maximum period and the information will be deleted or anonymized in such a way
that you cannot be identified, except for what is legally required / possible
to be retained.
In addition, you can apply to the SELLER and get information about the transactions
related to the processing of your personal data, the persons to whom it is
transferred, correction in case of incomplete or incorrect, notification of the
corrected information to the relevant third parties, deletion or destruction of
the data, objection to the emergence of a result against you by analyzing it
with automated systems, compensation in case of damage due to unlawful
processing of data.
Your applications will be reviewed and you will be returned within the
legal period.
12.5. Intellectual
and Industrial Rights:
All intellectual-industrial rights and property rights belong to ASAY
GLOBAL E-Commerce and Consultancy Limited Company regarding all kinds of
information and content of the website and their arrangement, revision and
partial/complete use; except those belonging to other third parties according
to the agreement of the SELLER.
12.6. Third
Party Sites:
The privacy-security policies and terms of use of other sites accessed from
the website are valid. The SELLER is not responsible for any disputes and
negative consequences that may arise from these sites.
13. RIGHT OF WITHDRAWAL
13.1. Your Right
of Withdrawal:
Goods Orders: Your right of withdrawal, which is 14 days by law, has been extended to 15 days as a principle of the SELLER. After
the product is delivered to you or the person you specify, you can use this
period to exercise your right of withdrawal without any justification.
Service Orders: The right of withdrawal period starts from the date the contract is
signed.
For your right of withdrawal to expire:
You must notify the SELLER within
15 days that you wish to exercise your right of withdrawal.
You must submit your notification in writing and fill in the return form.
The product must not have been used in accordance with the provisions of
"Products for which the Right of Withdrawal cannot be exercised"
under Article 11.
You must send the product invoice (return invoice for corporate invoices),
return form and all original packaging.
When you exercise your right of withdrawal:
The SELLER will refund your payment and installment amounts, if any, within
10 days at the latest after
receiving your notice of withdrawal.
The product must be returned to the SELLER within 20 days.
In the event of a loss in value of the Product caused by the defect, the
SELLER may claim compensation for this damage.
In case of falling below the campaign limit amount, the campaign discount
will be canceled.
Withdrawal in Installment Purchases with Credit Card:
If you purchased the product in installments and exercised your right of
withdrawal or if the product could not be supplied, the refund amount will be
reflected on your credit card in installments.
The installment amounts you have paid will be refunded to your card monthly
on the account cut-off dates after the refund date.
14. PRODUCTS
FOR WHICH THE RIGHT OF WITHDRAWAL WILL NOT BE EXERCISED:
Products whose prices depend on fluctuations in financial markets (jewelry,
gold, silver, etc.)
Products tailored to the wishes of the consumer
Perishable or expired products
Products whose packaging has been opened after delivery (hygienic products)
Books, audio or video recordings, software programs and computer
consumables in tangible media
Services performed instantly electronically or products delivered instantly
to the consumer
Services that need to be performed on a specific date or period
(accommodation, transportation, car rental, etc.)
Services started before the right of withdrawal expires
15. DEFAULT AND LEGAL CONSEQUENCES
15.1. Default in
Credit Card Purchases:
In the event that the BUYER defaults in purchases made by credit card, the
cardholder will pay interest within the framework of the credit card agreement
made by the bank with the bank and will be liable to the bank.
In this case, the Bank may apply for legal remedies and claim the costs and
attorney fees from the BUYER.
The BUYER is also obliged to indemnify the damage and loss incurred by the
SELLER due to the delayed performance of the debt.
Note: This article
explains the legal consequences that may arise if the buyer defaults in credit
card purchases.
16. EVIDENTIARY AGREEMENT nd COMPETENT COURT
16.1. Evidence:
In any dispute that may arise from this Agreement or its execution, the
SELLER's records (including magnetic media records such as computer/audio
recordings) shall constitute conclusive evidence.
16.2. Competent
Court:
Note: This article
sets out which evidence is admissible and which courts have jurisdiction to
resolve disputes.
17. ENFORCEMENT
17.1. Entry into
force:
In the event that the payment for the order placed through the Site is
realized, the BUYER is deemed to have accepted all the terms of this Agreement.
The SELLER is obliged to make software arrangements to ensure that the
BUYER cannot place an order without reading and accepting the Agreement.