Sales Agreement
Sales Agreement
DISTANCE SALES AGREEMENT
This Distance Sales Agreement (“AGREEMENT”) has been established electronically between the parties specified in Article 1, under the terms and conditions stated below.
ARTICLE 1
1.1. PARTIES
SELLER INFORMATION
Trade Name: ÖMER FARUK ŞAHİN - OFS CONCEPT
Address: Yenibosna Merkez Mah Meryemana Sk No:17A Bahçeliever-İstanbul
Phone: + (90) 5324291637
Email: info@ofsbilgisayar.com
Mersis No:
Shipping Company to which the Buyer will send the goods in case of return: Sürat Kargo
BUYER INFORMATION
Name – Surname:
Address:
Phone:
Email:
1.2. CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE AGREEMENT
Quantity:
Product Name:
Sales Price (Total including VAT) …….. TL
1.3. DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
Total Price of Products …. TL
Total Tax on Products (VAT) …. TL
Total Shipping Fee …. TL
Total Delivery Price ….. TL
ARTICLE 2 – SUBJECT AND SCOPE
2.1. This Distance Sales Agreement (“Agreement”) has been prepared in accordance with the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation. It contains all the minimum elements required by the Regulation. The parties to this Agreement acknowledge and declare that they understand and are aware of their obligations and responsibilities arising from the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation under this Agreement.
2.2. The subject of this agreement is the determination of 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 the products ordered by the BUYER electronically via the SELLER's website www.ofsconcept.com, which possess the characteristics mentioned in the agreement, and whose content and sales price are specified in articles 1.2 and 1.3 of the agreement. The BUYER accepts and declares that they have received preliminary information regarding the basic characteristics of the products subject to sale, the sales price, payment method, delivery conditions, etc., and the right of withdrawal, that they have confirmed this preliminary information electronically, and subsequently placed the order, under the provisions of this agreement. The preliminary information and invoice located on www.ofsconcept.com are integral parts of this agreement. Upon placing the order, the BUYER is deemed to have accepted all conditions of this agreement.
ARTICLE 3 - DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE AGREEMENT AND METHOD OF DELIVERY
3.1. The Agreement comes into force upon electronic approval by the Buyer and is performed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement, and to the specified authorized person/persons. The Seller cannot be held responsible if the person/persons to whom the delivery is to be made do not accept the delivery.
3.2. The product will be delivered to the person named ……… at the address … requested by the BUYER, by a representative of the cargo company.
3.3. The invoice will be delivered with the order to the delivery address during the order delivery.
ARTICLE 4 - DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER declares on the website that the delivery fee will be covered by the SELLER if purchases are made above a certain amount, the delivery cost will belong to the SELLER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fully and completely performed its obligation. Therefore, any damages arising from the BUYER's delayed receipt of the product, as well as expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the seller, also belong to the BUYER. Delivery is made as soon as possible after stock availability and the product price has been credited to the SELLER's account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the SELLER cannot deliver the product subject to the contract within the due period due to stock depletion or similar commercial impossibilities, unforeseen events, force majeure, or extraordinary circumstances such as adverse weather conditions preventing transportation or disruption of transport, it is obliged to inform the BUYER. For the delivery of the product subject to the contract, the product price must have been paid by the payment method chosen by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
ARTICLE 5 - BUYER'S REPRESENTATIONS AND COMMITMENTS
The BUYER will inspect the product subject to the contract before taking delivery and will not accept products that are damaged or defective, such as dented, broken, or with torn packaging, from the cargo company. The received product will be deemed undamaged and sound. The BUYER is responsible for carefully protecting the product after delivery. If the right of withdrawal is to be exercised, the product must not be used. The original invoice must be returned. If the original invoice is not returned, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller. If, after the delivery of the product, the credit card belonging to the BUYER is used unjustly or unlawfully by unauthorized persons due to no fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the Seller, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery costs belong to the BUYER. Furthermore, the BUYER agrees that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery shall be deemed a delivery made to the BUYER.
ARTICLE 6 - SELLER'S REPRESENTATIONS AND COMMITMENTS
6.1. The Seller is responsible for delivering the product subject to the contract in sound, complete condition, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any.
6.2. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the Seller cannot be held responsible if the person/organization to whom the delivery is to be made does not accept the delivery.
6.3. The Seller accepts that the BUYER has the right to withdraw from the contract by rejecting the product within 14 (fourteen) days from the date of receiving the product, without incurring any legal or criminal liability and without providing any reason. However, the BUYER may also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the goods.
6.4. The Seller refunds the product price within 14 (fourteen) days after receiving the notification of withdrawal.
6.5. Unless the Seller or provider makes an offer to take back the goods themselves, the BUYER is obliged to send the goods back to the seller or provider or the person authorized by them within 10 (ten) days from the date they send the notification of exercising their right of withdrawal.
6.6. The Seller may, for justified reasons, supply a different product of equal quality and price, provided that the BUYER is informed and expressly approves before the expiry of the performance period specified in the contract. If the Seller believes that the delivery of the product is impossible, it notifies the BUYER before the expiry of the performance period of the contract. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with an equivalent one, if available, and/or postpone the delivery period until the preventing circumstance is removed. If the BUYER cancels the order, the paid amount and any documents, if any, are returned within 10 (ten) days.
6.7. Products sold with a warranty certificate can be sent to the Seller for necessary repairs within the warranty terms; in this case, delivery costs will be covered by the Seller.
ARTICLE 7 - CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE AGREEMENT
The type and kind of the product, its quantity, brand/model, color, and sales price including all taxes are as stated in the product promotion page on the website www.ofsconcept.com and on the invoice, which is considered an integral part of this agreement. The Seller is not responsible for price update errors caused by technical reasons.
ARTICLE 8 - CREDIT PRICE
The price of the product according to the maturity is available in the invoice content.
ARTICLE 9 - INTEREST
If the buyer makes purchases with a credit card and in installments, the sales price is determined by applying a monthly interest rate difference based on the number of installments. The BUYER can get detailed information from their bank.
ARTICLE 10 - PAYMENT PLAN
Due to the fact that credit sales are only made with credit cards belonging to Banks, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that 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 accordance with the current legislative provisions. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the agreement between the bank and the BUYER. The BUYER can also track the number of installments and their payments from the account statement sent by the bank.
ARTICLE 11 - RIGHT OF WITHDRAWAL
11.1. The Buyer may exercise their right of withdrawal and complete the return process within 14 (fourteen) days from the delivery date for transactions related to the sale of Goods, and from the service purchase date for transactions related to the sale of Services, without assuming any legal or criminal liability and without providing any reason. The Buyer may also exercise the right of withdrawal during the period until the delivery of the Goods/Services.
11.2. To exercise the right of withdrawal, a written notification must be sent to the Seller by registered mail, fax, or email within the same period, and the product must not be one of those listed in Article 12.
11.3. Unless the Seller or provider makes an offer to take back the goods themselves, the consumer is obliged to send the goods back to the seller or provider or the person authorized by them within 10 (ten) days from the date they send the notification of exercising their right of withdrawal.
11.4. In case this right is exercised, the original invoice for the product delivered to the third party or the BUYER must be returned. The product price is refunded to the BUYER within 14 (fourteen) days following the receipt of the withdrawal notification. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller.
11.5. The return shipping fee belongs to the Seller as long as the Buyer sends the product to be returned to the Seller with the Seller's contracted cargo company specified in the pre-information form. If the Buyer sends the product to be returned with a cargo company other than the Seller's contracted cargo company specified in the pre-information form, the Seller is not responsible for the return shipping fee and any damage the product may incur during the shipping process. If the right of withdrawal is exercised after the order confirmation but before the delivery of the product, the Buyer will be responsible for the return shipping fee.
ARTICLE 12 - PRODUCTS AND SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the BUYER cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable goods or goods whose expiration date may pass.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
d) Contracts for goods that mix with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content, and computer consumables supplied in a tangible medium if the protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time evaluation for entertainment or recreation purposes, which must be made on a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts for services whose performance has begun with the consumer's approval before the expiration of the right of withdrawal period.
ARTICLE 13 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on transactions made with a credit card, they will pay interest and be responsible to the bank within the framework of the credit card agreement they have with the cardholder bank. In this case, the relevant bank may resort to legal remedies; it may demand any resulting expenses and attorney's fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER agrees to pay the Seller's damages and losses incurred due to the delayed performance of the debt.
ARTICLE 14 - AUTHORIZED COURT
In disputes arising from this agreement, Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and in cases exceeding these values, Consumer Courts in the places of residence of the BUYER and the Seller, and Civil Courts of First Instance acting as Consumer Courts in places where no Consumer Court has been established, are authorized.
ARTICLE 15 - EFFECTIVENESS
If payment for an order placed through the site is successfully completed, the BUYER will be deemed to have accepted all terms of this agreement. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed on the site without the BUYER's confirmation that they have read and accepted this agreement.
ARTICLE 16 - DISCLOSURE TEXT ON THE PROTECTION OF PERSONAL DATA
DISCLOSURE TEXT
1) In accordance with the Law on Protection of Personal Data No. 6698, our company OFS CONCEPT. (“Company”), as the DATA CONTROLLER, may record, classify, process, store, update, and transfer to third parties the personal data of the relevant person (Name/Surname/email/Phone number/Address/Child's Name Surname/Child's Birthday)[YK1] obtained through this DISTANCE SALES AGREEMENT, in situations permitted by the relevant legislation.
2) The personal data obtained from the relevant person may be processed by our company for the purposes of controlling sales and supply management, invoicing, making legal notifications, delivery processes, tracking customer requests and/or complaints, managing business processes, enabling customers to benefit from products and services, planning sales and marketing activities for products and services, fully and accurately fulfilling responsibilities arising from contracts and law, creating special services for members, creating visitor records, correctly planning, executing, and managing commercial collaborations, management and communication activities and strategies, developing services offered on our website, and rectifying errors on the site.
3) Personal data obtained from the relevant person may be transferred by the Company to individuals, institutions and/or organizations, public legal entities authorized to receive data, the Company's shareholders, employees, domestic/foreign affiliates, domestic/foreign individuals, institutions, organizations and/or other third parties with whom it receives services and/or collaborates, as required and/or permitted by relevant laws and other legislative provisions.
4) Personal data belonging to the relevant person may be collected by the Company, its employees, domestic/foreign affiliates, individuals, institutions and/or organizations it cooperates with, official institutions, or other third parties, verbally, in writing or electronically, by fully or partially automated means or non-automated means provided that they are part of any data recording system.
5) The relevant person has the rights to a) learn whether their personal data is being processed, b) request information if their personal data has been processed, c) learn the purpose of processing their personal data and whether it is used in accordance with its purpose, d) know the third parties to whom their personal data has been transferred domestically or abroad, e) request correction of their personal data if it is incomplete or incorrectly processed, f) request the deletion or destruction of their personal data within the framework of the conditions stipulated in the legislation, g) request notification of the transactions made in accordance with clauses (e) and (f) to third parties to whom their personal data has been transferred, h) object to the emergence of a result against them by analyzing their processed data exclusively through automatic systems, and i) demand compensation for damages if they suffer damage due to the unlawful processing of their personal data.
6) Requests regarding the aforementioned rights shall be concluded free of charge within 30 days at the latest following their submission by hand or via notary public to the address İkitelli OSB Mahallesi Atatürk Blv. No: 72/17 Başakşehir/İstanbul, or by e-mail to [info@ofsconcept.com], after filling out the application form on our website ofsconcept.com. [YK2][YK3]
EXPRESS CONSENT STATEMENT
In the framework of the information provided to me above, I declare that I have provided all personal information with my own consent, and I give my explicit consent for the personal data I have provided to be used, recorded, and transferred domestically or abroad by the Company for the purposes stated above, and for my personal contact information to be stored, recorded, and shared with third parties under the terms of this consent statement. I acknowledge and declare that I have learned all my rights, including the right to request information regarding the processing and protection of my personal data, and that I have been informed that I can exercise my rights in accordance with the Law at any time by applying to the data controller.
This Agreement, consisting of 16 (sixteen) articles, has been read by the BUYER and concluded and entered into force by electronic approval on ......20... .
PARTIES
OFS CONCEPT
BUYER
…