Distance Sales Agreement
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PARTIES TO THE AGREEMENT
1.1. BUYER
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Name/Surname/Company Name
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:
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| Address |
:
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Phone
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:
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| Email address |
:
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1.2. SELLER
| Company Name |
: BOGAZICI SOFT GROUP SOFTWARE CONSULTING AND SALES TRADE LIMITED COMPANY
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Adresi
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: ISTASYON MAH. KONUT BIRLIK YAPI KOOPERATIFI SK.
OLYMPIA BUSINESS CENTER NO: 3 INNER DOOR NO: 88 KUCUKCEKMECE/
ISTANBUL
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Phone
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: 0850 259 47 17 - 90 536 592 82 08
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Fax
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: 0850 259 47 17
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| Email address |
:[email protected]
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- SUBJECT OF THE AGREEMENT
The subject of this agreement is the determination of the mutual rights and obligations of the parties, in accordance with the provisions of the Consumer Protection Law, the Regulation on Distance Contracts, and all other legal regulations and practices, regarding the purchase/sale and delivery of the product(s) specified below, the characteristics and sales price of which are stated, which the BUYER has ordered electronically from the SELLER's Misigo.com website (hereinafter referred to as the "SITE").
- SUBJECT OF THE AGREEMENT PRODUCT(S)
3.1 The type, kind, quantity, model, color, sales price, and delivery information of the product(s) are as follows:
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Product/Item Description
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Quantity |
Cash Price
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Installment Price
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Subtotal (Including VAT)
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1
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[●] TL
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[●] TL
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[●] TL
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| Shipping |
1
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[●] TL
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[●] TL
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[●] TL
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| Installment Difference |
1
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[●] TL
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[●] TL
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[●] TL
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Total
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[●] TL
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Payment Method and Plan
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:
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| Recipient for Delivery |
:
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| Delivery Address |
:
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| Billing Address |
:
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The product/products will be delivered to the address specified by the BUYER through a courier company. Even if the BUYER is not present at the address during the delivery, the SELLER will be deemed to have fulfilled its obligation in full and completely. Therefore, the BUYER shall bear any and all damages arising from the late receipt of the product, as well as any expenses incurred due to the product waiting at the courier company and/or being returned to the SELLER.
Shipping Fee: ……… TL, and the shipping cost is added to the total order amount and is to be paid by the customer. It is not included in the product price.
3.2- Payment Method: Credit Card, installment payment (Please read the explanations below)
In the section above, the information about how many installments the order total will be paid to your bank is provided. The BUYER acknowledges, declares, and undertakes that, due to the fact that deferred sales can only be made with credit cards belonging to Banks, they will separately confirm the relevant interest rates and information about default interest from their bank, and according to the provisions of the current legislation, the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The payment date for the credit card is determined by the contract terms between the bank and the BUYER. In addition, the BUYER can track the number of installments and payments from the statement sent by the bank.
- GENERAL CONDITIONS
4.1. The BUYER declares that they have read and become informed about the basic features of the product(s), the selling price, payment method, delivery, and other preliminary information about the product(s) on the SITE and have given the necessary confirmation in the electronic environment.
4.2. By confirming the preliminary information electronically, the BUYER confirms that they have accurately and completely acquired the address, basic features of the product(s) ordered, the total price including taxes in Turkish Lira, and payment and delivery information before the conclusion of the distance contracts.
4.3. The product(s) subject to the contract shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information on the SITE, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal maximum of 30 days.
4.4.The shipping fee shall be paid by the BUYER. For any problems that the courier company may encounter during the delivery of the product(s) to the BUYER and for other reasons not caused by the SELLER, the SELLER cannot be held responsible, and in such cases, it will be considered that the SELLER has fulfilled its performance in full and completely.
4.5. The SELLER is responsible for delivering the product(s) subject to the contract in full, complete, and in accordance with the qualifications specified in the contract.
4.6. SELLER, before the expiration of the performance obligation arising from the contract, may inform the BUYER and obtain explicit consent to supply different product(s) of equal quality and price.
4.7. If the SELLER is unable to perform the delivery of the ordered product(s) due to the impossibility of performance, the SELLER shall notify the BUYER/Consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total amount collected in cash to the BUYER within 10 days.
4.8. The confirmation of the preliminary information form in electronic format is required for the delivery of the product(s). In the event that the product(s) are not paid for any reason or are canceled in the bank records, the SELLER is released from the obligation to deliver the product.
4.9. If, after the delivery of the product(s), the BUYER's credit card is used unjustly or unlawfully by unauthorized persons, not due to the fault of the BUYER, resulting in the failure of the bank or financial institution to pay the price of the product(s) to the SELLER, the BUYER must return the product within 3 days after it has been delivered to them. In this case, the shipping costs shall be borne by the BUYER.
4.10. If, for reasons such as force majeure, adverse weather conditions that prevent delivery, disruption of transportation, or other extraordinary circumstances, the SELLER is unable to deliver the product(s) within the specified period, the SELLER shall inform the BUYER. In this case, the BUYER may (i) cancel the order, (ii) request the replacement of the product(s) with an equivalent if available, and/or (iii) postpone the delivery period until the force majeure/obstructive situation is resolved. If the BUYER cancels the order, the total amount paid by them will be refunded within 10 days. In the case of payments made by the BUYER with a credit card, the amount of the product(s) will be refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. The reflection of this amount in the BUYER's account is entirely related to the bank transaction process, and the BUYER acknowledges and accepts that the SELLER cannot intervene in any way in possible delays and that the responsibility for the amount refunded to the credit.
In cases where the BUYER exercises the right of withdrawal or in situations where the ordered product cannot be supplied for various reasons or in cases where a decision is made by the Arbitration Committee for a refund to the Consumer, if the purchase has been made with a credit card and in installments, the credit card refund procedure is as follows:
The bank may refund the amount to the BUYER in installments, in accordance with the number of installments in which the BUYER originally made the purchase. After the SELLER has paid the full amount of the product to the bank at once, in the event of a refund to the BUYER's credit card for installment payments made through bank POS terminals, the requested refund amounts to avoid causing any harm to the involved parties can also be transferred to the accounts of the parties involved in installments. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the credit card's statement closing dates, will be reflected on the card as one refund per month, and the BUYER may receive the remaining installment amounts after the installments of the sale have been completed. The BUYER may offset these amounts from their existing debts.
In the event of a refund for goods and services paid with a credit card, the SELLER cannot make a cash payment to the Customer in accordance with the agreement made with the Bank. The refund to the credit card can be made by the BANK, following the procedure mentioned above, after the SELLER has paid the full amount to the Bank.
For payments made through cash-on-delivery or bank transfer (EFT) options, the refund will be processed by requesting the Customer's bank account details, and the refund will be made via bank transfer to the account specified by the Customer (the account must be in the name of the individual whose name is on the invoice).
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DEFAULT SITUATION AND LEGAL CONSEQUENCES
If the BUYER defaults in the credit card transactions made, they shall pay interest to the cardholder bank within the framework of the credit card agreement between them, and be liable to the bank. In this case, the relevant bank may apply to legal remedies; the arising expenses and attorney's fees may be claimed from the BUYER, and in any case, if the BUYER defaults due to the debt, the BUYER agrees to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
The BUYER, in distance contracts regarding the sale of product(s), may exercise the right of withdrawal from the contract by refusing the product(s) without assuming any legal or criminal liability and without giving any reason, within 7 (seven) days from the delivery date of the product(s) to themselves or to the person/organization at the address indicated.
To exercise the right of withdrawal, it is sufficient to notify the SELLER by registered mail, fax, or e-mail within the 7-day period, and the product must not have been used within the framework of the provisions of Article 6 below.
In the event of the exercise of the right of withdrawal:
(i) the invoice of the product(s) delivered to the BUYER or to the person/organization indicated by the BUYER must be returned,
Important Notice: If the invoice of the product(s) to be returned is corporate, it must be sent together with the return invoice issued by the institution. Return transactions for orders issued on behalf of institutions cannot be completed without a RETURN INVOICE.
(ii) the box, packaging, and, if any, standard accessories must be delivered complete and undamaged.
The SELLER shall return the total price and the documents that put the BUYER in debt to the BUYER within a maximum of 15 days from the receipt of the withdrawal notice, and the product(s) shall be returned within a maximum of 20 days.
If there is a decrease in the value of the product(s) due to any reason resulting from the fault of the BUYER or if it becomes impossible to return the product(s), the BUYER shall compensate the damages of the SELLER in proportion to their fault.
In case the campaign limit amount, if any, arranged by the SELLER is fallen below due to the use of the right of withdrawal from the contract, the amount of discount used within the scope of the campaign shall be canceled.
- PRODUCTS/ITEMS ON WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products that cannot be returned due to their nature include disposable products, duplicable software and programs, and products that are perishable or have a potential expiration date.
The return of the following listed products is subject to the conditions that (i) the product's packaging is unopened, (ii) it remains undamaged, (iii) the product is unused, and (iv) it has not been tested.
- Ready-to-Wear Clothing Products
- Bag Products
- Shoe Products
- DRAWING UP A REPORT IN CASE OF PARTIAL PRODUCT DELIVERY
“In cases where the BUYER's order includes multiple products, the SELLER may make partial shipments. The BUYER is responsible for verifying that the number of products delivered by the shipping company matches the number of products specified on the invoice issued by the SELLER. Separate invoices are prepared by the SELLER for each partial shipment. If the number of products specified on the invoice is not found in the package or is found to be incomplete, the BUYER is obliged to request that the shipping company prepares a report. Otherwise, it will be deemed that the products specified on the invoice have been fully and completely delivered to the BUYER by the SELLER, and that the BUYER has accepted the products as fully and completely received.
- RESOLUTION OF DISPUTES AND COMPETENT COURT
In the implementation of this agreement, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the product(s) and where the BUYER resides, up to the value announced by the Ministry of Customs and Trade of the Republic of Turkey, are authorized.
The SELLER may submit their complaints and objections regarding their applications to the Consumer Arbitration Committee or the Consumer Court in the place where the product(s) were purchased or where the SELLER resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey every December.
The information regarding the monetary limits is as follows:
As of January 1, 2012, effective from that date:
*The upper or consumer courts and lower monetary limit concerning the binding nature of the decisions of consumer dispute resolution boards, as stated in the amended Article 22, paragraphs 5 and 6, of Law No. 4077 on Consumer Protection, is 1,161.67 Turkish Lira.
According to the third paragraph of Article 5 of the Regulation on Consumer Dispute Resolution Boards, published in the Official Gazette dated August 1, 2003, with the number 25186, the lower monetary limit for provincial dispute resolution boards operating in metropolitan cities for their jurisdiction over disputes is 3,032.65 Turkish Lira.
This agreement has been made for commercial purposes.