SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the below mentioned terms and conditions.
A.‘BUYER’; (hereinafter referred to as “BUYER”)
B.‘SELLER’; (hereinafter referred to as “SELLER”)
NAME SURNAME: Digidiverse Bilişim Ve Tek. Ltd. Şti.
ADDRESS: Kuşbakışı Cd. No:25/2A Postal Code: 34662 Üsküdar / Istanbul
By accepting this agreement, the BUYER agrees in advance that if the Buyer confirms the contractual order, the Buyer shall be under the obligation to pay the price subject to the order, and if any, specified additional charges such as courier fee, tax etc., and has been informed about this subject.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall have the written explanations opposite them.
MINISTER: means the Minister of Customs and Trade,
MINISTRY: means the Ministry of Customs and Trade,
LAW: means the Consumer Protection Law No. 6502,
REGULATION: means the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: means the subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: means a company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or account of the company offering goods,
BUYER: means a natural or legal person who acquires, uses or makes use of any goods or services for commercial or non-professional purposes,
SITE: means the website of the SELLER,
ORDERING PARTY: means real or legal person requesting any goods or services through the website of the SELLER,
PARTIES: means the SELLER and the BUYER,
AGREEMENT: means this agreement concluded between the SELLER and the BUYER,
GOODS: mean the movable property subject to shopping and software, audio, video and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, of which features and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Digidiverse Bilişim Ve Tek. Ltd. Şti.
Address: Kuşbakışı Cd. No:25/2A Postal Code: 34662 Üsküdar / Istanbul
Telephone: +90 212 267 3355
E-mail: bilgi@digidiverse.com
Mersis No: 0295-0963-7700-0001
5. BUYER INFORMATION
The person to be delivered
Delivery Address
Telephone
E-mail/user name
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Telephone
E-mail/user name
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
7.1. The basic characteristics (type, quantity, brand/model, color, number) of the Goods/Product/ Products/Service are published on the website of the SELLER. If the campaign has been organized by the Seller, you can browse the basic characteristics of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the contractual goods or services, including all taxes, is indicated below.
Product Description Piece Unit Price Subtotal
(Including VAT)
Freight Amount
Total:
Payment Term and Plan
Delivery Address
The person to be delivered
Invoice Address
Order Date
Delivery Date
Delivery term
7.4. Freight amount, which is the shipping cost of the product, if any, shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
E-mail/user name
Delivery of invoice: The invoice shall be delivered to the invoice address together with the order during the delivery of order.
9. GENERAL PROVISIONS
9.1. The BUYER agrees, declares and undertakes that it has read the preliminary information about the basic characteristics, the sales price and the payment term of the contractual product, and the delivery on the website of the SELLER, it has the knowledge about the same and submits the necessary confirmation electronically. Before the BUYER confirms the Preliminary Information electronically and the distance sales contract is established, it agrees, declares and undertakes that the SELLER receives the address to be given to the BUYER, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information correctly and completely.
9.2. Each contractual product is delivered to the BUYER or person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s residential area, 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 agreement.
9.3. The SELLER agrees, declares and undertakes to deliver the contractual product completely in accordance with the features specified in the order, and with the information and documents required for the job, including warranty certificates, user manuals, if any, to perform the work properly according to the requirements of the legal regulations free from all kinds of defects in accordance with the standards and pursuant to the principles of honesty and integrity, to maintain and to increase the service quality, to show the necessary attention and care during the performance of the work, 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 its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER agrees, declares and undertakes that it shall notify the consumer of this situation in writing within 3 days from the date it becomes aware of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares and undertakes that it shall confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the contractual product shall end.
9.7. In the event that the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER agrees, declares and undertakes that it shall return the contractual product to the SELLER within 3 days, provided that the shipping cost shall be borne by the SELLER.
9.8. The SELLER agrees, declares and undertakes that it shall notify the BUYER if it cannot deliver the contractual product within the period due to force majeure such as the occurrence of unforeseen situations that develop beyond the will of the parties and prevent and/or delay the fulfillment of the debts of the parties. The BUYER is also entitled to demand from the SELLER to cancel the order, replace the contractual product with its equivalent, and/or postpone the delivery time until the preventive situation disappears. In case the order is canceled by the BUYER, in case of the payments made by the BUYER in cash, the amount of the product is paid to it in cash and at once within 14 days. In case of the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER agrees, declares and undertakes that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER’s account may take 2 to 3 weeks, since the reflection of this amount to the accounts of the BUYER after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by the buyer later for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means.
9.10. The BUYER shall inspect the contractual goods/service before receipt, and shall not receive the damaged and defective goods/services such as crushed, broken, torn package etc. from the courier company. The received goods/services shall be deemed to be undamaged and intact. Duty of careful protection of the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. In the event that the holder of the credit card used during the order is not the same person with the BUYER, or a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER to submit the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order, or the letter indicating that the credit card belongs to it from the cardholder’s bank. The order shall be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER is entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information submitted while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER shall compensate all damages that the SELLER may incur due to the truthlessness of such information, immediately, in cash and at once upon the first notification of the SELLER.
9.13. The BUYER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise shall bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER’s website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, it cannot carry out activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for other members to use the services.
9.15. Links may be given to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties via the website of the SELLER. These links are provided for ease of direction to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for this violation criminally and legally and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition, in the event that the incident is submitted to the legal remedy due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the agreement by refusing the goods without any legal and criminal liability and without any justification, provided that the product is delivered to itself or to the person/organization at the address it has indicated, within 14 (fourteen) days from the date of delivery, provided that the SELLER is notified. The costs arising from the use of the right of withdrawal belong to the SELLER. By agreeing this agreement, the BUYER agrees in advance that it has been informed about the right of withdrawal.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of “Products for which the Right of Withdrawal cannot be exercised” set forth in this agreement. If this right is exercised,
a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns of which invoices are issued on behalf of the institutions shall not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER at the latest within 10 days from the receipt of the withdrawal notification and to return the receipt of goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of its fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the period for right of withdrawal.
f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Underwear, swimwear and briefs, make-up materials, disposable products, goods that are in danger of deterioration or that are likely to expire, which are prepared in line with the BUYER’s request or explicitly personal needs, and which are not available to be returned, products that are not suitable in terms of health and hygiene to be returned if the package is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except those provided under the Subscription agreement, immediate services performed in electronic environment or intangible goods delivered to consumers instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables are not possible to be returned in accordance with the Regulation in case the package has been opened by the BUYER. In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the approval of the consumer.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copiable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) packages must be unopened, untested, intact and unused for their return.
11.1 WARRANTY, REPLACEMENT AND RETURN RIGHTS
Spare parts warranty is 6 months for products without warranty. After the BUYER purchases the product, the 6-month warranty period continues from the invoice date.
The BUYER is entitled to return the product within 7 days. The product and/or products must be sent with the box and invoice. Unboxed and/or non-invoiced products shall not be refunded.
If the product purchased by the BUYER fails in any way after the purchase, we provide the product replacement. Product replacement is possible during the period covered by the spare part warranty.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares and undertakes that in the event that it defaults in the case of payment procedures by credit card, the cardholder shall pay interest within the framework of the credit card agreement with the bank and shall be liable to the bank. In this case, the relevant bank may apply for legal remedies, request the costs and the attorney’s fee from the BUYER, and in case the BUYER goes into default due to the debt under any circumstances, the BUYER agrees, declares and undertakes that it shall pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this agreement shall be made to the arbitration committee or consumer court in the place where the consumer is located or where the consumer procedure is made within the monetary limits specified in the law below. Information on the monetary limit is below:
Effective from 28/05/2014:
a) In case of disputes with a value below 2.000,00 (two thousand) TL in accordance with Article 68 of the Consumer Protection Law No. 6502, application is made to the district consumer arbitration committees,
b) In case of disputes with a value below 3.000,00 (three thousand) TL, application is made to the provincial consumer arbitration committees,
c) In case of disputes with a value between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL in the provinces with status of metropolitan, application is made to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site prior to the realization of the order.
SELLER: DigiDiverse Bilişim Ve Teknoloji Ltd. Şti.
BUYER:
DATE: