DISTANCE SALES AGREEMENT
DISTANCE SALES CONTRACT
"Trsut Wallet Pro First Direct Info"
Downstairs, Duu Cars and the distance sales contract signed between the service/product purchaser are presented in headings.
1) PARTIES :
This Agreement has been signed between the following parties by accepting and signing with their free will after being read and understood at a distance within the framework of the terms and conditions specified below.
"SELLER"
NAME / SURNAME / TITLE: Duu Cars
ADDRESS : Bahçelievler / Istanbul
PHONE : +44 212 412 12
E-MAIL : [email protected]
'BUYER'
NAME / SURNAME / TITLE: "The name and surname entered in the product order is taken as basis."
ADDRESS : "The address information entered in the product order is taken as basis."
TELEPHONE : "The contact information entered in the product order is taken as basis."
E-MAIL : "The contact information entered in the product order is taken as basis."
APPROVAL TO COMMENCE EXECUTION:
By accepting this contract, the BUYER agrees that the necessary preparations will be started for the performance of the service subject to the order 12 hours before the appointment subject to the contract, that personnel will be provided based on the service request, that the service fee will be under the obligation to pay the service fee, the additional fees arising from the supply of the products to be used, and that the appointment when 12 hours remain It shall mean the consent to commence performance pursuant to subparagraph 15/h of the Regulation on Distance Contractsaccepts in advance that it will not have the right to withdraw due to its approval to start performance and that it has been informed in this regard. This issue was also warned to the BUYER in the pre-contract information form.
2) DEFINITIONS :
In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them.
LAW : Law No. 6502 on the Protection of Consumers,
REGULATION : Distance Contracts Regulation (OG: 27.11.2014/29188)
SELLER : Within the scope of its commercial or professional activities e-commerce in the field of services, those who provide goods and services to the recipient or act on behalf of or on account of the provider of goods and services,
RECIPIENT : E-trade a natural or legal person who acquires, uses or benefits from the service or the goods to be provided within this scope for non-commercial or non-professional purposes,
SERVICE : E performed or undertaken to be performed in return for a fee or benefit.-trade service,
PLACE OF PERFORMANCE : Operated by the SELLER E-commerce,
SITE : The website of the SELLER,
ORDER GIVER : A natural or legal person who requests a good or service through the SELLER's website,
PARTIES : SELLER and BUYER,
CONTRACT : This contract concluded between the SELLER and the BUYER,
FORM : This information form presented to the BUYER before the contract,
PRODUCT / GOODS : The movable goods subject to the shopping and all kinds of materials to be used in the performance of the service,
refers to.
3) SUBJECT :
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and performance of the service ordered by the BUYER electronically through the SELLER's website and whose qualifications and price are specified on the website.
4) CONTRACTUAL SERVICE AND PRODUCT INFORMATION:
4.1. The basic features of the Service/Goods/Product (type, quantity, method of performance, brand/model, color, quantity) are published on the SELLER's website. The conditions regarding the services and/or products offered as a package are valid only if that service and/or product is purchased as a package.
4.2. The prices announced on the website for services and products are the sales price including VAT. The advertised prices and promises are valid until they are updated and changed. The prices announced for a period of time are valid until the end of the specified period, and the prices specified as campaign prices are valid within the scope of the campaign conditions and duration. The SELLER reserves the right to make changes to the campaign terms without notice.
4.3. The performance of the services received from the website shall be performed at the SELLER's address unless otherwise agreed. The BUYER must be present at the SELLER's address at least 15 minutes before the appointment time for the service. It is the responsibility of the BUYER to be ready at the appointment time, and if the BUYER is late for the appointment time or arrives after the appointment time, the SELLER may waive the performance of the service. In this case, no refund will be made to the BUYER. The BUYER may store the payment made on his/her behalf and use it in his/her next appointments.
4.4. The sales price of the service or product subject to the contract, including all taxes, is shown below:
Service/Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Amount
Total
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery Date
Delivery Type
4.5. If there is a product subject to delivery, the shipping fee, which is the shipping cost, shall be paid by the BUYER.
5) INVOICE/RECEIPT INFORMATION:
Name/Surname/Title
Address
Telephone
The invoice or receipt shall be delivered together with the order to the invoice address at the time of service performance or, in the case of a product subject to delivery, during the delivery of the order. In case of additional payment, the receipt or invoice for additional payment shall be issued separately.
6) GENERAL PROVISIONS
6.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER, and that he / she has given the necessary confirmation electronically. BUYER; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the basic features of the services and products ordered by the SELLER, which must be given to the BUYER by the SELLER, the price of the products including taxes, payment, place and time of performance, and the information regarding the right of withdrawal are also accepted, declared and undertaken that they have obtained accurate and complete.
6.2. Each service subject to the contract shall be performed at the SELLER's address unless otherwise agreed. The BUYER must be present at the SELLER's address on the day and time (see 4.3) in accordance with the appointment time received through the site. Otherwise, the SELLER may partially or completely refrain from service performance. If the BUYER orders a product subject to delivery, the BUYER must provide the address and other information subject to delivery to the SELLER correctly at the time of order. Otherwise, the BUYER shall be responsible for incorrect delivery.
6.3. The BUYER shall pay the price of the services or products ordered from the website by wire transfer or credit card. Orders placed within the scope of this Agreement will be processed after the SELLER determines that the price of the service or products is transferred to the SELLER's account or blocked by taking bank authorization from the credit card. If the payment is not transferred to the account of the SELLER until the appointment time, the reservation made shall not constitute a guarantee for the performance of the service, and the SELLER may partially or completely refrain from performance.
6.4. The SELLER is not responsible for the deductions made by banks under other names during payments. In order for the service to be performed in full, the payment must be made in full.
6.5. It is outside the initiative of the SELLER to offer various installment payment options within the scope of the campaigns of the bank with which the BUYER has an agreement. The campaigns within the knowledge and savings of the SELLER will be announced on the website.
6.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if for any reason the price of the product subject to the contract is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end or will not perform the service.
6.7. The SELLER accepts, declares and undertakes that if the SELLER cannot perform the service subject to the contract within the contract period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen and preventing and / or delaying the parties from fulfilling their obligations, it will notify the BUYER. This situation will not give the BUYER the right to withdraw from the contract, and the performance of the service will be postponed to a date when the force majeure or impossibility of performance is eliminated. In cases where the SELLER cannot perform its service such as product supply, personnel supply, modification of the service place, epidemic disease, natural disaster, transportation, the same application will be valid; service performance will be postponed to a date when the impossibility is eliminated without refunding the fee.
6.8. The SELLER may change the date and time of the appointment for reasons such as renovation, hall maintenance, personnel supply, disruption in material supply. This situation is notified to the BUYER without delay. In these cases, no refund is made to the BUYER.
6.9. The SELLER may refrain from partially or completely performing one or all of the services offered on the site and selected by the BUYER. In the online appointment system, the service selection is automatically given by the computer according to the availability of the system, and changes may be made in the service to be provided by the SELLER according to the service content, the content of the service, the process to be performed and / or the material to be used.
6.10. If the BUYER requests the performance of a service other than the service received from the site at the appointment time, the SELLER is not obliged to provide this service. However, the SELLER may meet the request for additional service by considering the availability of appointment hours and personnel and material situation. In this case, the difference payment for the additional service request is collected separately before the service.
6.11. The BUYER is obliged to inform the SELLER about whether he/she has a problem such as a health problem, allergic reaction, chronic disease regarding the service he/she has chosen at the appointment. Otherwise, it will be deemed to have consent to the materials and equipment to be used in the service to be provided, and the BUYER will be responsible for all medical risks that may arise for this purpose.
6.12. The SELLER is free to use any brand and model product or material in the performance of the service. If a special product or material is requested to be used by the BUYER, it will be charged separately.
6.13. The SELLER may request additional payment by changing the service fee due to excessive fluctuations in the product prices to be used in the requested service, or may refrain from performing the service partially or completely.
6.14. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
6.15. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the performance of the service, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The service will 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 has the right to cancel the appointment.
6.16. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
6.17. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall be fully and exclusively binding on the BUYER.
6.18. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
6.19. Through the website of the SELLER, links may be provided 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. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.
6.20. The member who violates one or more of the articles listed in this contract is personally criminally and legally responsible for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
7) RIGHT OF WITHDRAWAL
7.1. The BUYER may exercise his/her right to cancel or change until 12 hours before the appointment time he/she has chosen. In this case, the SELLER shall refund the fee depending on the BUYER's payment method. When there is 12 hours or less left to the appointment, there will be no right to cancel in a way that requires a refund, since personnel supply and material supply will be made for the appointment and another customer cannot be taken to the appointment time reserved for the BUYER. After this time, the BUYER will be able to change the date and time of the appointment on the site without any refund or if he / she does not request a change, his / her appointment will be canceled and the fee paid will be blocked on behalf of the BUYER to be used in the BUYER's next appointments.
7.2. The BUYER's failure to exercise the right of withdrawal until 12 hours before the end of the right of withdrawal shall be deemed as the approval to commence performance in accordance with subparagraph 15/h of the Regulation on Distance Contracts, and the SELLER shall provide personnel for the performance of the service based on this approval, the products and goods to be used shall be supplied, and no other customers shall be received at the appointment time. Before the expiration of the right of withdrawal period, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. In cases where the right of withdrawal is possible, the costs arising from the use of the right of withdrawal belong to the BUYER. By accepting this contract, the BUYER agrees in advance that he / she has been informed about the right of withdrawal. This issue was also warned to the BUYER in the pre-contract information form.
7.3. For the exercise of the right of withdrawal, -except up to 12 hours before the appointment time- Within 14 (fourteen) days, the SELLER must be notified in writing by registered mail or e-mail and the product delivered to him, if any, must not be used.
7.4. If a good or product has been delivered to the BUYER with the order, the invoice of the product delivered to the BUYER with the order following the use of the right of withdrawal, the box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. If the campaign limit amount organized by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled and the product or service will be reflected to the BUYER at the non-campaign price.
7.5. Make-up materials, disposable products, personal care materials, goods that are prepared in line with the BUYER's request or explicitly personal needs, goods that are in danger of deterioration or likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature cannot be returned in accordance with the Regulation.
8) COMPETENT COURT :
8.1. In case of any dispute arising from the application and interpretation of this Agreement and this Agreement, Turkish Law shall apply.
8.2. The BUYER has the right to apply to the Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and to the Consumer Courts (Çağlayan) for the resolution of disputes exceeding this value in resolving disputes within the scope of Law No. 6502 regarding the implementation of this Agreement.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
9:
The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
