Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the terms and conditions stated below.
A. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be obliged to pay the cost of the order and any additional fees indicated, such as shipping fees and taxes, and that they have been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on Consumer Protection No. 6502,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of all consumer transactions other than providing goods, carried out or promised to be carried out for a fee or benefit,
SELLER: The company that offers goods to the consumer within its commercial or professional activities or acts on behalf or account of the one offering goods,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person who requests a good or service via the website owned by the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to purchase and sale, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose characteristics and sales price are specified below, and which the BUYER has ordered electronically via the SELLER's website.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Nida Elektronik Ticaret LTD.Şti.
Address: Çavuş Mh Kıyı Sk. 5/1 Apt. Şile/İstanbul
Phone: +90 541 4403505
Email: info@nidasafety.com
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. PRODUCT(S) INFORMATION SUBJECT TO THE AGREEMENT
6.1. The basic characteristics of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can examine the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
6.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Fee
Total :
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost for the product will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address with the order during delivery.
8. - RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
For the protection, confidentiality, processing-use of information and communications, and other matters on the WEBSITE, the privacy rules-policy and terms specified below are valid.
8.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken by the SELLER in its system infrastructure, commensurate with current technical capabilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect this information on the BUYER's side and prevent access by unauthorized persons, belongs to the BUYER.
8.2. In addition to and confirming the BUYER's permissions-consents regarding personal data and commercial electronic communications provided otherwise; information obtained during the BUYER's membership and purchases on the WEBSITE can be recorded, stored in printed/magnetic archives, updated, shared, transferred, and otherwise processed for the purpose of providing various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications, for an indefinite period or for a period foreseen by the SELLER and its successors. These data may also be forwarded to relevant authorities and courts in cases required by law. The BUYER has consented and authorized the use, sharing, processing of their existing and new personal and non-personal information within the scope above, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and for receiving commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can always stop data usage-processing and/or communications by reaching the SELLER through the specified communication channels or by exercising their right to refuse in electronic communications sent to them, through the same channels in accordance with legal procedures. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; furthermore, if they wish, information other than what must be legally retained and/or is possible will be deleted from the data recording system or anonymized in a way that prevents identification. If the BUYER wishes, they can always apply to the SELLER through the communication channels mentioned above and get information about matters such as operations related to the processing of their personal data, persons to whom it has been transferred, correction if it is incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automatic systems, and compensation for damages in case of unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted with a legal justification explained to them.
8.4. All intellectual-industrial rights and property rights related to all kinds of information and content belonging to the INTERNET SITE, and their arrangement, revision, and partial/complete use, belong to the SELLER, except for those belonging to other third parties according to the SELLER's agreement.
8.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become effective from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
8.6. The privacy-security policies and terms of use of other sites accessed from the INTERNET SITE are valid, and the SELLER is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, that they have obtained information, and that they have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by electronically confirming the Preliminary Information, they have accurately and completely obtained the address that the SELLER must provide to the BUYER before the conclusion of the distance sales contract, 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 contract is delivered to the BUYER or the person and/or organization 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 settlement, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract complete, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and information and documents necessary for the job, to perform the work in a sound manner in accordance with legal regulations, free from all defects, in accordance with standards, within the principles of accuracy and honesty, to maintain and improve service quality, to act with due diligence and foresight during the performance of the work.
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 expiration of its performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that in the event that the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will terminate.
9.7. The BUYER accepts, declares, and undertakes that if the credit card belonging to the BUYER is used unlawfully by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER if it cannot deliver the product subject to the contract within the stipulated time due to force majeure events, such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, replacement of the product subject to the contract with an equivalent if available, and/or postponement of the delivery period until the obstructive situation is removed. If the order is cancelled by the BUYER, in case of cash payments made by the BUYER, the product amount will be paid back in cash and in one lump sum within 14 days. In case of credit card payments made by the BUYER, the product amount will be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after it has been refunded to the bank is entirely related to the bank's processing time, and therefore, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means, using the address, e-mail address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them.
9.10. The BUYER will inspect the good/service before receiving it; they will not receive a damaged good/service with dents, breakages, torn packaging, etc., from the cargo company. The received good/service will be deemed undamaged and sound. After delivery, the BUYER is responsible for carefully preserving the good/service. If the right of withdrawal is to be exercised, the good/service 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 related to the credit card used in the order is detected 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, a statement from the previous month for the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will entirely and exclusively bind the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, bothers and harasses others, for an unlawful purpose, or in a way that infringes upon the material and moral rights of others. In addition, the member may not engage in activities that prevent or hinder others from using the services (spam, virus, Trojan horse, etc.).
9.15. Links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by third parties may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site, nor do they constitute any guarantee for the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this contract is personally responsible for any criminal and legal consequences arising from this violation and will hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, if the incident is brought to the legal sphere due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts for the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated by them. In distance contracts for the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER, by accepting this agreement, acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this agreement. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Product returns for orders issued to corporate names cannot be completed without a RETURN INVOICE.)
b) Return form,
c) The boxes, packaging, and any standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations caused by proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount arranged by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
In accordance with the Regulation, returns are not possible for goods prepared in line with the BUYER's request or explicit personal needs and are not suitable for return, such as underwear bottoms, swimwear and bikini bottoms, makeup products, disposable products, goods that are likely to deteriorate quickly or expire, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that become mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or visual recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's approval before the end of the right of withdrawal period, as per the Regulation.
For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), their packaging must be unopened, untried, undamaged, and unused for them to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment transactions made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement with the card-issuing bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will pay for the loss and damage incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the Law.
14. EFFECTIVE DATE
The BUYER is deemed to have accepted all terms of this contract when they complete the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation from the BUYER that this contract has been read and accepted before the order is placed.
SELLER:
BUYER:
DATE: