DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
A. "BUYER" (hereinafter referred to as "BUYER" in this agreement)
Full Name:
Address:
B. "SELLER" (hereinafter referred to as "SELLER" in this agreement)
Full Name: The Project Fan Tur. Ve Org. Ltd. Şti.
Address: Yeldeğirmeni Sk. No:7/A Kadıköy, Istanbul
By accepting this Agreement, the BUYER agrees to the obligation to pay the price of the order and any additional fees (such as shipping fees, taxes, etc.) if applicable, for the products ordered and acknowledges having been informed accordingly.
2. DEFINITIONS
For the application and interpretation of this agreement, the following terms shall have the meanings indicated next to them:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the supply of goods carried out in return for a fee or benefit,
SELLER: The company offering goods to consumers within its commercial or professional activities or acting on behalf of or for the account of the goods provider,
BUYER: A real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: A real or legal person requesting a good or service from the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement concluded between the SELLER and the BUYER,
GOODS: Tangible movable items subject to shopping and software, sound, video, and similar intangible goods 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 the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered by the BUYER electronically through the SELLER’s website, which includes the characteristics and sales price of the product below. The prices listed and announced on the site are the sale prices. The announced prices and promises remain valid until they are updated and changed. The prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Company Name: The Project Fan Tur. Ve Org. Ltd. Şti.
Address: Yeldeğirmeni Sk. No:7/A Kadıköy, Istanbul
Email: info@theprojectfan.com
5. BUYER INFORMATION
Person to be delivered:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERER INFORMATION
Name/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT(S) INFORMATION SUBJECT TO THE CONTRACT
7.1. The basic characteristics (type, quantity, brand/model, color, quantity) of the Goods/Product(s)/Service are published on the SELLER's website. You can review the essential features of the product during the campaign period if the SELLER has organized a campaign. The campaign remains valid until the specified date.
7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises remain valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.
7.3. The total sales price of the goods or services, including all taxes, is shown below:
Product DescriptionQuantityUnit PriceSubtotal (Including VAT)
Total:
Payment Method and Plan: To be determined based on the selected product.
Delivery Address:
Person to be delivered:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping cost, which is the product shipment fee, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Billing delivery: The invoice will be delivered to the billing address with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER declares that they have read and become informed about the essential characteristics of the product subject to the contract, the sales price, and the payment method, as well as preliminary information regarding delivery on the SELLER's website, and have provided the necessary confirmation electronically. The BUYER acknowledges that by confirming the preliminary information electronically, they have obtained the correct and complete address, the essential characteristics of the ordered products, the price of the products including taxes, payment, and delivery information before the conclusion of this Distance Sales Agreement.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within 30 days, depending on the distance of the BUYER's place of residence, provided that the legal period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER may terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specifications indicated in the order, and with all necessary documents, such as warranty certificates and user manuals, if applicable, and to perform the work in accordance with the legal requirements, free of any defects, and in accordance with the principles of accuracy and integrity.
9.4. The SELLER may provide a different product of equal quality and price to the BUYER before the fulfillment period ends, provided that it informs the BUYER and obtains their explicit approval.
9.5. If it becomes impossible to fulfill the product or service subject to the order, the SELLER shall notify the BUYER in writing within 3 days from the date it becomes aware of this situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts and declares that they will electronically confirm this Agreement for the delivery of the product subject to the contract, and in the event of non-payment of the product price for any reason, or cancellation in the bank records, the SELLER's obligation to deliver the product will terminate.
9.7. If the product is delivered to the BUYER or the person/organization indicated by the BUYER, and the product price is not paid by the relevant bank or financial institution due to unauthorized use of the BUYER’s credit card after the product has been delivered, the BUYER is obliged to return the product to the SELLER within 3 days with shipping costs borne by the SELLER.
9.8. If force majeure occurs that the SELLER could not foresee, and the product cannot be delivered on time, the SELLER accepts and declares that it will notify the BUYER of the situation. The BUYER has the right to cancel the order, request a replacement product, or postpone the delivery until the obstacle is removed. If the order is canceled, the payment will be refunded to the BUYER within 14 days. The BUYER acknowledges that the refund process for payments made by credit card may take 2-3 weeks depending on bank procedures.
10. RIGHT OF WITHDRAWAL
10.1. If this Agreement is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract within 14 days from the delivery date of the product to the BUYER or the person/organization at the indicated address, without assuming any legal or penal liability and without providing any reason, by notifying the SELLER. In distance contracts related to the provision of services, this period starts from the signing of the contract. If the service provision starts with the consumer’s approval before the withdrawal period ends, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal are borne by the SELLER. The BUYER accepts and declares that they have been informed about the right of withdrawal by accepting this Agreement.
10.2. To exercise the right of withdrawal, written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not be used in accordance with the "Non-Returnable Products" provisions set forth in this Agreement.
11. NON-RETURNABLE PRODUCTS
The following products cannot be returned due to the nature of the product or health and hygiene concerns, as per the Regulation: goods specially prepared for the BUYER's needs, underwear, swimwear, makeup products, single-use items, goods that are at risk of spoiling or have an expiration date, etc.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on the credit card payment, they accept and declare that they will pay interest under the credit card agreement and that they will be responsible to the bank.
13. COMPETENT COURT
Any disputes arising from this Agreement shall be resolved by the Consumer Arbitration Committees or the Consumer Courts within the monetary limits specified by the applicable laws.
14. EFFECTIVENESS
The BUYER is deemed to have accepted all the terms of this Agreement once the payment for the order is made on the website.