PARTIES
SELLER
Seller’s Name/Title: Niyazi Güneş İnş Taah. Turz. San ve Tic Ltd Şti
Seller’s Address: Mah. Şehit İlhan Doyran Sok. No:10 Süleymanpaşa/TEKİRDAĞ
Seller’s Phone: 0282 260 88 00 – 90 533 038 32 04
Seller’s Mersis No: 0631054823400017
Seller’s Website: www.gunesfurniture.com
Seller’s Email: info@gunesfurniture.com
BUYER
Name – Surname:
Address:
Phone:
Email:
SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Agreement (“Agreement”) is arranged in accordance with the Law No. 6502 on the Protection of Consumers (“Law”) and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts. The subject of this Agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the goods or services with the features specified in the Agreement, which the Buyer orders electronically from the Seller’s website www.gunesfurniture.com. The conclusion of this Agreement does not prevent the fulfillment of the provisions of the Membership Agreements that the parties have separately entered into with Güneş Mobilya, and the parties acknowledge and declare that Güneş Mobilya is not a party to the sale of the goods or services under this Agreement and has no responsibility or commitment regarding the fulfillment of the obligations of the parties under the Agreement.
MAIN CHARACTERISTICS AND PRICE OF THE GOODS/SERVICES (INCLUDING VAT)
Product Code and Name
Quantity
Seller’s Unit Price
Unit Discount
Coupon Points
Total Sales Amount
Installment Interest
VAT Included Total Amount
The announced prices and promises are valid until updated or changed. Periodically announced prices are valid until the end of the specified period.
Total Price Including Shipping: … TL
Payment Method and Plan:
Installment Interest Charged: 0.00 TL
Interest Rate Used for Installment Calculation: % 0.00
Delivery Terms:
…….The shipment of the product will start within ….. business days after the order of the goods or services by the Buyer.
Delivery Address:
Person(s) to Receive the Delivery:
DELIVERY OF GOODS AND METHOD OF DELIVERY:
The Agreement is effective upon electronic approval by the Buyer, and it is fulfilled by the delivery of the goods or services purchased by the Buyer from the Seller. The goods will be delivered to the address and authorized person(s) specified in the Buyer’s order form and this Agreement.
DELIVERY COSTS AND PERFORMANCE:
Unless otherwise stated, the delivery costs of the goods are the responsibility of the Buyer. If the Seller has declared that the delivery fee will be covered by the Seller on the Website, the delivery costs will be borne by the Seller. The delivery of the goods is made within the promised period after the payment has been completed. Unless it becomes impossible to fulfill the delivery, the Seller will deliver the goods or services within 30 (thirty) days from the order of the goods or services by the Buyer. If for any reason the price of the goods or services is not paid by the Buyer or if the payment is canceled in the bank records, the Seller is relieved of the obligation to deliver the goods or services. In cases where the order is canceled by the Buyer after the goods have been dispatched by the Seller but before they have been received by the Buyer, the Buyer is responsible for the shipping cost. In cases where it becomes impossible to fulfill the delivery of the goods or services, the Seller will notify the Buyer within 3 (three) days from the date they learned of the situation and will refund all collected payments, including delivery costs if any, within 14 (fourteen) days from the notification date.
BUYER’S DECLARATIONS AND COMMITMENTS:
The Buyer declares that they have read and understood the pre-information provided by the Seller regarding the basic characteristics, sales price, payment method, delivery, and shipping costs of the goods or services on the Website, and has given the necessary confirmation electronically. Buyers, as consumers, can make their requests and complaints regarding the purchased goods and services using the Seller’s contact information provided above. By confirming the Agreement and Pre-Information Form electronically, the Buyer confirms that they have obtained accurate and complete information about the address, basic characteristics of the ordered goods or services, the price including taxes, payment, and delivery, as required by the Seller before the conclusion of the distance contract. The Buyer is solely responsible for accepting the goods or services from the cargo company if they are visibly damaged, broken, or defective at the time of delivery. If the credit card used by the Buyer is used unlawfully or fraudulently by unauthorized persons without the fault of the Buyer, and the relevant bank or financial institution does not pay the Seller for the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided they have been delivered. In this case, the return shipping costs are the responsibility of the Buyer.
SELLER’S DECLARATIONS AND COMMITMENTS:
The Seller is responsible for delivering the goods or services to the Buyer in accordance with consumer legislation, in a sound and complete condition, and in accordance with the features specified in the order, as well as any warranty certificates and user manuals if applicable. If the Seller cannot deliver the goods or services within the period due to force majeure or extraordinary situations affecting transportation, they are obliged to notify the Buyer within 3 (three) days from the date they learn of the situation. If the goods or services are to be delivered to someone other than the Buyer, the Seller is not responsible for the recipient's refusal to accept the delivery.
RIGHT OF WITHDRAWAL:
The Buyer may exercise the right of withdrawal without any legal or penal responsibility and without giving any reason within 14 (fourteen) days from the delivery date for goods sales or from the purchase date for service sales. The Buyer may also exercise the right of withdrawal during the period before the delivery of the goods. The Buyer can use the right of withdrawal through www.gunesfurniture.com. The Buyer must fill out the return request form on the relevant page and send the goods back within 10 (ten) days from the date they exercised their right of withdrawal, using the return address provided by the Seller. The return must include the invoice, the box, packaging, any standard accessories, and any other items given with the product, in an intact and undamaged condition. The Buyer is not responsible for any changes or damages that occur if they use the goods in accordance with its operation, technical specifications, and usage instructions during the withdrawal period. Detailed information about the right of withdrawal can be found on www.gunesfurniture.com. If the Buyer sends the returned goods with the Seller’s designated courier company as indicated in the Pre-Information Form, the return shipping cost will be borne by the Seller. If the Buyer uses a different courier company, the return shipping cost and any damage during the shipping process are not the Seller’s responsibility. The Buyer’s payments will be refunded to the payment method used for the purchase, in a single transaction and without any additional cost or obligation to the consumer, within 14 (fourteen) days from the exercise of the right of withdrawal, provided that the goods are returned using the carrier specified by the Seller. In cases of purchases made with credit, if the right of withdrawal is exercised properly, the product amount will be refunded to the related credit account. According to the legislation, the Buyer cannot use the right of withdrawal in the following cases:
Contracts for goods or services whose price is subject to fluctuations in financial markets and is not under the Seller’s control (e.g., products in the categories of jewelry, gold, and silver);
Contracts for goods prepared based on the Buyer’s wishes or clearly personal needs, which are not suitable for return due to their nature, or that may spoil quickly or have an expiration date;
Contracts for goods whose protective elements like packaging, tape, seal, and package are opened after delivery; or those that are unsuitable for health and hygiene reasons;
Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
DISPUTE RESOLUTION:
The responsibility for the goods or services sold under the Law and the Regulation on Distance Contracts belongs directly to the Seller. However, Buyers will address their complaints regarding the purchased goods and services directly to the Sellers. In case of disputes arising from this Distance Sales Agreement, the Consumer Arbitration Committees in the Province or District where the Seller’s business is located, as announced by the Ministry of Customs and Trade each year up to the specified value, will have jurisdiction. For disputes exceeding this value, the Consumer Courts will have jurisdiction.
PRICE OF THE GOODS/SERVICES:
The cash or installment sales price of the goods is stated on the order form, in the information email sent at the end of the order, and in the invoice sent with the product to the customer. Discounts, coupons, shipping fees, and other practices made by the Seller are reflected in the sales price.
DEFAULT AND LEGAL CONSEQUENCES:
In the event of default in credit card transactions, the cardholder will pay interest and be liable to the bank according to the credit card agreement. In this case, the relevant bank may take legal action, claim expenses, and attorney fees from the Buyer, and in any case of default due to the Buyer’s debt, the Buyer will be liable for any damage and loss suffered by the Seller due to delayed performance.
NOTICES AND EVIDENCE AGREEMENT:
Any correspondence between the parties under this Agreement, except for mandatory cases specified in the legislation, will be conducted via electronic mail on the Website. The Buyer agrees and undertakes that in disputes arising from this Agreement, the official books and commercial records of the Seller, and the electronic information and computer records kept in their database, servers, will be binding, conclusive, and exclusive evidence, and that this clause constitutes an evidence agreement under Article 193 of the Code of Civil Procedure.
EFFECTIVENESS:
This Agreement, consisting of 14 (fourteen) articles, is read and approved by the parties and is effective as of the date …….. when it is electronically approved by the Buyer.
SELLER:
BUYER: