DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been concluded between the following parties under the terms and conditions set forth below.

 

      'BUYER'; (hereinafter referred to as "BUYER" in the agreement)

NAME – SURNAME:

ADDRESS:

 

      'SELLER'; (hereinafter referred to as "SELLER" in the agreement)

NAME – SURNAME: QUANTUM SİSTEM BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ

ADDRESS:FERHATPAŞA NEIGHBOURHOOD, 53RD ST. NO: 41 INTERIOR DOOR NO: 4 ATAŞEHİR/ ISTANBUL

 

By accepting this Agreement, the BUYER acknowledges in advance that upon confirming the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this.

 

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the meanings stated next to them.

 

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Law No. 6502 on the Protection of the Consumer,

REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

SERVICE: The subject of any consumer transaction other than the provision of goods, made or promised to be made in return for a fee or benefit,

SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on account of the person who offers goods,

BUYER: The natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,

WEBSITE: The website belonging to the SELLER,

ORDERER: The natural or legal person who requests goods or services through the SELLER's website,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Movable property subject to shopping, and intangible goods such as software, sound, image and similar content prepared for use in electronic environments.

 

3. SUBJECT

This Agreement regulates the rights and obligations of the parties pursuant to the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose specifications and sales price are set out below, which the BUYER has ordered electronically through the SELLER's website.

 

Prices listed and announced on the website are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

 

4. SELLER INFORMATION

Title: QUANTUM SİSTEM BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ

Address:FERHATPAŞA NEIGHBOURHOOD, 53RD ST. NO: 41 INTERIOR DOOR NO: 4 ATAŞEHİR/ ISTANBUL

Phone: 0 216 329 39 99

E-mail: [email protected]

 

5. BUYER INFORMATION

Person to be delivered to:

Delivery Address:

Phone:

E-mail/Username:

 

6. ORDERER INFORMATION

Name/Surname/Title:

Address:

Phone:

E-mail/Username:

 

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The basic characteristics (type, quantity, brand/model, colour, number) of the Goods/Product(s)/Service are published on the SELLER's website. If a campaign has been organised by the Seller, the basic characteristics of the relevant product may be viewed during the campaign period. Valid until the campaign date.

 

7.2. Prices listed and announced on the website are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

 

7.3. The total sales price of the goods or services subject to the agreement, including all taxes, is shown below.

 

Product Description

Qty

Unit Price

Subtotal (VAT Incl.)

 

 

 

 

Shipping Cost

 

 

 

Total:

 

 

Payment Method and Plan:

Delivery Address:

Person to be Delivered to:

Invoice Address:

Order Date:

Delivery Date: Within 3 Business Days After the Order Date

Delivery Method: Cargo

 

7.4. The shipping fee, which is the product shipment cost, shall be paid by the BUYER.

 

8. INVOICE INFORMATION

Name/Surname/Title:

Address:

Phone:

E-mail/Username:

Invoice Delivery: The invoice will be delivered together with the order to the invoice address during order delivery.

 

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares and undertakes that they have read and are informed of the preliminary information regarding the basic qualities, sales price, payment method and delivery of the product subject to the agreement on the SELLER's website, and that they have provided the required confirmation electronically. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares and undertakes that they have correctly and completely obtained the address to be provided to the BUYER by the SELLER before the conclusion of the distance sales agreement, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.

 

9.2. Each product subject to the agreement shall be delivered to the BUYER or the person/organisation at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

 

9.3. The SELLER acknowledges, declares and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications stated in the order, together with warranty documents, user manuals, and all information and documents required by the nature of the work, free from all defects, in a sound and standards-compliant manner in accordance with the requirements of applicable legislation and within the principles of accuracy and integrity, to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and to act with prudence and foresight.

 

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiry of the performance obligation arising from the agreement.

 

9.5. The SELLER acknowledges, declares and undertakes that if the fulfilment of the product or service subject to the order becomes impossible and the SELLER is unable to meet the obligations under the agreement, it shall notify the consumer in writing within 3 days from the date it learns of this situation, and shall refund the total amount to the BUYER within 14 days.

 

9.6. The BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that in the event the price of the product subject to the agreement is not paid for any reason and/or is cancelled in bank records, the SELLER's obligation to deliver the product subject to the agreement shall cease.

 

9.7. The BUYER acknowledges, declares and undertakes that in the event the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorised use of the BUYER's credit card by unauthorised persons after the product subject to the agreement has been delivered to the BUYER or to the person/organisation at the address indicated by the BUYER, the BUYER shall return the product subject to the agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

 

9.8. The SELLER acknowledges, declares and undertakes that if it is unable to deliver the product subject to the agreement within the specified period due to force majeure circumstances such as situations that develop beyond the will of the parties, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations, it shall notify the BUYER. The BUYER is also entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with an equivalent if available, and/or the postponement of the delivery period until the obstacle is removed. In the event of order cancellation by the BUYER, in cash payments, the product price shall be paid to the BUYER in cash and in full within 14 days. In credit card payments, the product price shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares and undertakes that the average process for the credit card refund to be reflected in the BUYER's account may take 2 to 3 weeks, and that since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for any delays.

 

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the SELLER's website or subsequently updated by the BUYER, via letters, e-mail, SMS, telephone calls and other means. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the aforementioned communication activities directed at the BUYER.

 

9.10. The BUYER shall inspect the goods/services subject to the agreement before accepting delivery; they shall not accept damaged or defective goods/services such as crushed, broken, or torn packaging from the cargo company. The accepted goods/services shall be deemed to be undamaged and intact. The obligation to carefully preserve the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.

 

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the credit card statement of the previous month, or a letter from the card holder's bank confirming that the credit card belongs to them. The order shall be frozen until the BUYER provides the requested information/documents, and if said requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

 

9.12. The BUYER declares and undertakes that the personal and other information provided while registering as a member on the SELLER's website is accurate, and that they shall immediately, in cash and in full, compensate all damages that the SELLER may suffer due to the inaccuracy of this information, upon the SELLER's first notification.

 

9.13. The BUYER agrees and undertakes from the outset to comply with and not to violate the provisions of applicable legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be borne entirely and exclusively by the BUYER.

 

9.14. The BUYER may not use the SELLER's website in any manner that disrupts public order, is contrary to public morality, disturbs or harasses others, is for an unlawful purpose, or infringes on the material or moral rights of others. Furthermore, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

 

9.15. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are placed solely for the convenience of the BUYER and do not constitute an endorsement of any website or the person operating it, and do not constitute any warranty regarding the information contained in the linked website.

 

9.16. A member who violates one or more of the provisions listed in this agreement shall be personally liable criminally and legally for such violation, and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is referred to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.

 

10. RIGHT OF WITHDRAWAL

10.1. In cases where the distance agreement is related to the sale of goods, the BUYER may reject the goods and exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organisation at the address indicated, by notifying the SELLER, without assuming any legal or criminal liability and without giving any reason. In distance agreements for the provision of services, this period begins from the date the agreement is signed. The right of withdrawal cannot be exercised in service agreements where the performance of the service has begun with the consumer's consent before the expiry of the right of withdrawal period. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

 

10.2. In order to exercise the right of withdrawal, written notice must be sent to the SELLER by registered post with return receipt, fax or e-mail within 14 (fourteen) days, and the product must not have been used within the scope of the provisions of "Products for Which the Right of Withdrawal Cannot Be Used" regulated in this agreement. Upon exercising this right,

 

a) The invoice of the product delivered to a third party or to the BUYER (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned must be delivered completely and undamaged, together with their box, packaging and, if any, standard accessories.

d) The SELLER is obliged to refund the total amount and the documents that put the BUYER in debt to the BUYER within at most 10 days from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a reason attributable to the BUYER's fault, the BUYER is obliged to compensate the SELLER's losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the withdrawal period.

f) In the event that the campaign limit amount organised by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the discount amount utilised within the scope of the campaign shall be cancelled.

 

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Pursuant to the Regulation, the following may not be returned: products prepared at the BUYER's request or for clearly personal needs that are not suitable for return; underwear bottoms, swimsuit and bikini bottoms; make-up materials; disposable products; goods that are at risk of perishing quickly or may pass their expiry date; products that, if opened by the BUYER after delivery, are not suitable for return for health and hygiene reasons; products that, after delivery, become mixed with other products and cannot be separated by their nature; goods relating to periodical publications such as newspapers and magazines provided outside the scope of a subscription agreement; services performed instantly in electronic environments or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables whose packaging has been opened by the BUYER. Furthermore, it is not possible pursuant to the Regulation to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the withdrawal period expires.

 

Software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged and unused in order to be returned.

 

12. DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults in cases where payment transactions are made by credit card, the BUYER acknowledges, declares and undertakes that they shall pay interest and be liable to the bank within the framework of the credit card agreement between the card holder and the bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting costs and attorney's fees from the BUYER, and in any case the BUYER acknowledges, declares and undertakes that in the event of default due to debt, the BUYER shall pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

 

13. COMPETENT COURT

Complaints and objections regarding disputes arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information on the monetary limits is as follows:

 

Effective from 24/03/2022:

 

a) Pursuant to Article 68 of Law No. 6502 on the Protection of the Consumer, applications regarding disputes with a value below TRY 30,000.00 (thirty thousand) shall be made to the district consumer arbitration committees.

 

This Agreement has been made for commercial purposes.

 

14. ENTRY INTO FORCE

The BUYER shall be deemed to have accepted all the terms of this agreement upon completing the payment for the order placed through the Website. The SELLER is obliged to make the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the website prior to the placement of the order.

 

SELLER: QUANTUM SİSTEM BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ

BUYER:

DATE: