Distance Selling Agreement
- Article: Parties
Sales person
Title : TEXT TO NEXT TEKNOLOJİ A.Ş.
address : Caddebostan Mah, Ogün Sok, No:1/14 Kadıköy/İstanbul
Telephone : 0216 606 14 15
Email : info@texttonext.com
Bank account :
Buyer
Name Surname/Title :
address :
Telephone :
Email :
- Article: Subject and Scope of the Agreement
- This Distance Sales Agreement (“Agreement”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement; The Buyer belongs to Text to Next Teknoloji A.Ş. (hereinafter referred to as "Seller") …. (website), determining the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of Goods/Services with the qualifications specified in the Contract, for which the Seller has placed an electronic order for the purchase of Goods/Services. creates.
- Article: Basic Characteristics and Price of the Goods and Services Subject to the Contract (VAT Included)
Product Service Description Price
Text to Next Capsule – Black – 1 piece 700.00 (seven hundred) Turkish Lira
Shipping cost … (…) Turkish lira
ORDER PAYMENT TOTAL (VAT included) 7*0.00 (seven hundred..) Turkish lira
(Payment method)
Delivery Information
Delivery address :
Delivery Person :
Billing Information
Billing address :
Phone number :
E-mail address :
- Article: Delivery of Goods and Method of Delivery
- The Contract comes into force by being approved by the Buyer electronically, remotely, and is completed by the delivery of the Goods/Service purchased by the Buyer from the Seller to the Buyer. The Goods/Service will be delivered to the address specified by the Buyer in the order form and in Article 3 of this Agreement and to the specified authorized person(s).
- Article: Delivery Expenses and Performance
- Delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. Delivery of goods; If the seller's stock is available and within the promised time after the payment is made. The Seller delivers the Goods/Service within 30 (thirty) days at the latest from the date the Goods/Service is ordered by the Buyer, provided that the fulfillment of the Goods/Service subject to the order becomes impossible. If for any reason the Buyer does not pay for the Goods/Service or the payment is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the Goods/Service. The Buyer is responsible for the shipping cost in case of order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.
- Article: Buyer's Declarations and Commitments
- The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the Goods/Service subject to the Contract on the Website, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically. Buyers, as Consumers, can submit their requests and complaints to the Seller contact information above and/or through the channels provided by the Website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall include the address that must be given to the Buyer by the Seller before the conclusion of distance contracts, the basic features of the ordered Goods/Service, the price of the Goods/Service including taxes, payment and delivery and delivery price information. It confirms that it has been acquired correctly and completely. Without inspecting the goods/services subject to the contract before receiving them; damaged, broken, packaging torn, etc. In case of receiving damaged and defective goods/services from the cargo company, the responsibility rests entirely with the customer. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the Goods/Service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Wisdom to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer.
- Article: Seller's Declarations and Commitments
- The Seller is responsible for delivering the Goods/Service subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Service subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, the Seller is obliged to notify the Buyer within 3 (three) days from the date of learning of the situation. If the Goods/Service subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery .
- Article: Right of Withdrawal
- The Buyer may return the Goods/Services purchased within 14 (fourteen) days from the delivery date by exercising the right of withdrawal, without assuming any legal or criminal liability and without giving any reason. Notification of the right of withdrawal and other notifications regarding the Agreement will be sent through the communication channels of the Seller and/or specified on the Website. In order to exercise the right of withdrawal, it is necessary to notify the Seller within the time limit in accordance with the legislation provisions and the right of withdrawal option on the Website. In case the right of withdrawal is exercised:
- The Buyer sends the Goods back to the Seller within 10 (ten) days after exercising his right of withdrawal.
- Within the scope of the right of withdrawal, the Goods box, packaging, and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the goods will be returned to the Buyer in the same manner as paid. When returning the goods to the Seller, the original invoice submitted to the Buyer during the delivery of the goods must also be returned by the Buyer. If the invoice of the product you want to return is issued in the name of an institution, it must be sent together with the return invoice issued by the institution. Otherwise, the return process cannot be completed.
- As long as the Buyer sends the Goods to be returned to the Seller via the contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the Seller. If the Buyer sends the Goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in the preliminary information form, the Seller is not responsible for the return shipping fee and the damage that the Goods may suffer during the shipping process.
- Returns of products whose original box/packaging has been damaged, which have a shipping label attached to them, or which are taped with shipping duct tape are not accepted. Products received in this way will be sent back in the same condition they were received, with payment paid by the other party.
- In cases where the right of withdrawal is possible, the BUYER is responsible by law for any changes or deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration in the Product due to not being used in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the Product to be returned up to the change / deterioration.
- Reward points, gift certificates, etc. earned from or used by the SELLER. Cash money requests are not accepted under any circumstances.
- Situations in which the Right of Withdrawal Cannot Be Used
The right of withdrawal cannot be used in the following cases:
a) In contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller (products in the jewelry, gold and silver category)
b) In contracts regarding the delivery of goods prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire,
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene,
d) In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) In contracts regarding books, audio or video recordings, software programs and computer consumables presented in tangible media, provided that the protective elements such as packaging, tape, seal and package have been opened by the consumer.
f) In contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) In contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period,
h) In contracts regarding the performance of services related to betting and lottery,
i) In contracts related to services whose performance started with the approval of the consumer before the right of withdrawal expires,
i) In contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer,
j) In contracts made within the scope of the Text to Next system and in cases where the Goods/Service subject to the contract are excluded from the scope of application of the Distance Contracts Regulation (food items, beverages or other daily consumption items delivered to the buyer's residence through regular deliveries of the seller, and travel, accommodation The right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the Buyer and the Seller. Cancellation and return conditions for such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules. The right of withdrawal cannot be exercised if the clothing products have been used and/or modified. The right of withdrawal cannot be exercised for evening dress products and evening dresses.
- Article: Keeping a Report in Case of Missing Products
- In cases where the BUYER has more than one product in his order, the SELLER may send partial shipments. BUYER is obliged to check that the number of products is the same as the number of products specified in the invoice issued by the SELLER during the delivery of the Product by the cargo officer. A separate invoice is issued by the SELLER for each partial shipment. If the quantity of products specified in the invoice is not included in the package or is found to be missing, the BUYER is obliged to ask the cargo officer to keep a report. Otherwise, it will be assumed that the Products in the quantity stated in the invoice have been delivered fully and completely by the SELLER to the Buyer and that the Products have been received fully and completely by the BUYER.
- Article: Price of Goods/Service
- Although the cash or deferred sales price of the goods is also seen in Article 3 and is included in the order form, it is the price included in the information e-mail sent at the end of the order and in the invoice sent to the customer along with the product. Discounts, coupons, shipping fees and other applications made by the seller are reflected in the sales price.
- Article: Event of Default and Its Legal Consequences
- If the Buyer defaults on the transactions made by credit card, the card holder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees incurred from the Buyer, and in any case, in case of default due to the Buyer's debt, the Buyer will be responsible for the damage and loss suffered by the Seller due to the delayed performance of the Buyer's debt.
- Article: Rules Regarding Security/Privacy, Personal Information, Electronic Communications and Intellectual Property Rights
- The privacy rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other matters of information on the WEBSITE.
- Necessary precautions for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
- In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; The information obtained during the BUYER's membership and shopping on the WEBSITE is used by the SELLER to provide various products/services and to provide electronic and other information for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. For commercial-social communications, it can be recorded indefinitely or for a period to be determined by the mentioned ones and their successors, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER consents and allows the use, sharing, processing of his/her existing and new personal/non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and the making of commercial and non-commercial electronic and other communications.
- BUYER may stop data use and processing at any time by reaching the SELLER through the specified communication channels and/or communications by legally reaching the SELLER through the same channels or by using the right of rejection in the electronic communications sent to him. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law. You can always contact the SELLER through the above communication channels and get information on issues such as compensation in case of loss due to processing. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted after the legal justification is explained to the party.
- Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the agreement of the SELLER; All intellectual-industrial rights and property rights belong to the SELLER.
- SELLER reserves the right to make any changes it may deem necessary regarding the above issues; These changes become valid as soon as they are announced by the SELLER on the WEBSITE or other appropriate methods.
- Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
- Article: Resolution of Disputes
- In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the SELLER's place of residence.
- BUYER acknowledges that he has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the WEBSITE), which forms an integral part, and that the basic features and characteristics of the Product(s) subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information regarding the Product subject to sale, the right of withdrawal, personal information, electronic communication and reward points conditions, including all matters written in Article 3 of this Agreement, and that he/she has seen all of them electronically on the WEBSITE, and Again, by giving confirmation-approval-acceptance-permission to all of these electronically, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product.
- Both the preliminary information in question and this Agreement are sent to the above e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is included in the said e-mail along with the order summary.
- Article: Declarations and Evidence Agreement
- All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer acknowledges that, in case of disputes that may arise from this Agreement, the seller's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is.
- Article: Validity
This agreement consists of 7 (seven) pages and 16 (sixteen) articles and is read and accepted by the parties. …/../…. It was concluded between the parties and entered into force by being approved electronically by the Buyer on . …/../…
Text To Next Technology Inc. BUYER