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.
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Product Description |
Qty |
Unit Price |
Subtotal (VAT Incl.) |
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Shipping Cost |
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Total: |
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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: