The Distance Sales Contract prepared for distance sales made over the internet in accordance with the provisions of the "Distance Contracts Regulation", which was prepared based on Articles 48 and 84 of the Consumer Protection Law No. 6502 and entered into force upon publication in the Official Gazette dated 27.11.2014 and numbered 29188, is listed below.
Article 1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
SALES PERSON (Hereinafter referred to as "SELLER" in the contract.)
TITLE: KADİR YILMAZER MAXIMUM INFORMATION TECHNOLOGY AND TECHNICAL SERVICE CENTER WEB DESIGN AND INTERNET ADVERTISING
ADDRESS: Mecidiyeköy, Mecidiyeköy Business Center, Mecidiyeköy Neighborhood, Mecidiyeköy Road Street, Şehit Ahmet Street, Passage Entrance No: 4 D: 43, 34387 Şişli/İstanbul
TELEPHONE: +90 543 203 46 32
E-MAIL: info@mbys.onlinehipokrat.com.tr
BUYER (Hereinafter referred to as "BUYER" in the contract.)
NAME-SURNAME:
TITLE:
ADDRESS:
TELEPHONE:
E-MAIL:
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if applicable, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.
Article 2. SUBJECT OF THE CONTRACT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6052 and the Distance Contracts Regulation regarding the sale and delivery of the products ordered electronically by the BUYER from the SELLER's website.
Article 3. CONTRACTUAL PRODUCT(S) AND PAYMENT INFORMATION
3.1 Basic features of the goods/products/services (type, quantity, brand/model, color, number) It is published on the SELLER's website. If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
3.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
3.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description:
Piece:
Unit Price:
Subtotal (VAT included):
Total:
Payment Method and Plan:
Delivery Address:
Person to be delivered:
Billing Address:
Order Date:
Delivery date:
Delivery method:
3.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
Article 4. INVOICE INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/username:
Invoice delivery: The invoice will be delivered together with the order to the invoice address during order delivery.
Article 5. GENERAL PROVISIONS
5.1. The BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products which are the subject of the contract on the SELLER's website and has given the necessary confirmation electronically.
5.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address specified by him/her within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days.
5.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
5.4. SELLER is responsible for delivering the contracted product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
5.5. For the product to be delivered, a signed copy of this contract must be delivered to the SELLER and the payment must be made using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
5.6. If the bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, after the delivery of the product, the product must be sent to the SELLER within three days, provided that it has been delivered to the BUYER.
5.7. BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.
5.8. SELLER has the right to contact BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by BUYER on the site registration form or subsequently updated by BUYER. By accepting this agreement, BUYER acknowledges and declares that SELLER may engage in the aforementioned communication activities.
5.9. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
5.10. The BUYER agrees and undertakes to comply with and not violate all applicable laws and regulations when using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will be entirely and exclusively binding on the BUYER.
5.11. BUYER may not use SELLER's website in any way that disrupts public order, is against general morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, BUYER may not engage in any activity that prevents or obstructs others from using the services. (spam, virus, trojan horse, etc.) cannot perform transactions.
5.12. The BUYER who violates one or more of the articles listed in this contract shall be personally liable for such violation, both legally and criminally, and shall hold the SELLER harmless from the legal and criminal consequences of such violations.
Article 6. RIGHT OF WITHDRAWAL
6.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that he/she notifies the SELLER. In distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed of the right of withdrawal.
6.2. To exercise the right of withdrawal, 14 (fourteen) It is required that written notice be given to the SELLER by registered mail, fax or e-mail within the 24-day period and that the product has not been used in accordance with the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set forth in this contract. In case of exercising this right,
- a) Invoice for the product delivered to the 3rd party or the BUYER, (If the invoice for the product you wish to return is from a corporate institution, it must be sent along with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions will not be completed unless a RETURN INVOICE is issued.)
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
- d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal 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 caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
- f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
Article 7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.
- a) Service contracts in which the service is started with the consumer's approval before the expiration of the right of withdrawal period,
- b) Contracts regarding goods whose prices are determined in stock exchanges or other organized markets,
- c) Contracts for the delivery of goods that are prepared in line with the consumer's wishes or clearly in line with his personal needs, are not suitable for return due to their nature, are in danger of deterioration or have a potential expiration date,
ç) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer,
- d) Contracts regarding the delivery of periodicals such as newspapers and magazines,
- e) Contracts regarding the performance of services related to betting and lottery,
- f) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.
Article 8. DEFAULT PROVISIONS
If the parties fail to fulfill their obligations arising from this agreement, the provisions of Articles 106-108 of the Code of Obligations concerning the Debtor's Default shall apply. In cases of default, if either party fails to fulfill its obligations within the specified time without justifiable cause, the other party shall grant the non-performing party a seven-day period to fulfill the obligation. If non-performance occurs within this period, the non-performing party shall be deemed to be in default, and the creditor shall have the right to demand performance of the obligation, delivery of the goods, termination of the contract, and refund of the price.
If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, transportation interruptions, fire, earthquake, flood, etc. that may prevent the SELLER from fulfilling this obligation, the BUYER acknowledges that the SELLER has no liability and may exercise one of its rights to cancel the order or postpone the delivery until the impeding situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to the BUYER within fourteen days. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER.)
BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank under the terms of the credit card agreement with the bank. In such cases, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the BUYER due to the delayed payment of the debt.
Article 9. COMPETENT COURT
Complaints and objections regarding disputes arising from this contract will be made to the Arbitration Committee or the Consumer Court.
This Agreement is made for commercial purposes.
Article 10. ENFORCEMENT
The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software changes to ensure that the BUYER has read and accepted this agreement on the Site before the order is placed.
SELLER: KADİR YILMAZER MAXIMUM INFORMATION TECHNOLOGY AND TECHNICAL SERVICE CENTER WEB DESIGN AND INTERNET ADVERTISING
BUYER:
HISTORY: