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;

    • Taking orders, offering and developing products and services, resolving problems, processing payments,
    • To engage in marketing activities about orders, products and services with your prior consent,
    • Updating your information, managing your memberships and performing the distance sales contract and other contracts,
    •  

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:

  • The parties may apply to the Consumer Arbitration Committees in the place where the BUYER and SELLER reside within the monetary limits determined within the framework of the legislation in disputes arising from the implementation and interpretation of the Agreement.
  • In cases exceeding this limit, the BUYER and SELLER have agreed that the Consumer Courts are authorized.

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.