Distance Sales Agreement
DISTANCE SALES AGREEMENT
ARTICLE 1 - SUBJECT OF THE CONTRACT AND THE
PARTIES
1.1 This contract determines the
rights and liabilities of the parties in accordance with the provisions of Law
No. 6502 on the Protection of Consumers and the Regulation on the
Implementation Principles and Procedures of Distance Contracts regarding the
sale of products and services done by the Consumer whose detailed information
is given below from www.buycheapantivirus.com which is operated by the
Seller (hereinafter referred to as WEBSITE) and delivery of the products to the
delivery address.
1.2. Consumer admits and declares that
he/she has the information about the basic qualifications, the sale price, the
type of payment, the conditions of delivery and the right to “withdraw”
regarding the goods or services subject to sale, that he/she confirmed the
preliminary informing in electronic environment and the preliminary then
ordered the goods or services in accordance with the provisions of this
contract. The preliminary informing and the invoice in the payment page
of www.buycheapantivirus.com website,
are integral parts of this contract.
1.3. SELLER INFORMATION
Name: GALİP KARA / 77 COMPUTER SOTWARE.
Address: Büyüksehir Mah. Ataturk Bulvarı No.45/C Değişim
Apt. K.5 D.32 Beylikdüzü Istanbul Turkey
Tel: +90 506 121 69 72
E-posta: buycheapantiviruscom@gmail.com
1.4. CONSUMER INFORMATION
Name surname / Title:
Delivery Address:
Telephone:
E-mail:
IP address:
ARTICLE 2 - DATE OF CONTRACT
2.1. This agreement was concluded by the parties on ……, the date
when the order of the Consumer was completed on the WEBSITE and a copy of the
contract was sent to the e-mail address of the CONSUMER.
ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO
CONTRACT
3.1. The details of the products and services ordered by the
consumer, the sales amounts including the taxes and information about the
number are listed below. All of the products listed in the following table are
hereinafter referred to as the Product.
Visual |
Product |
Unit price |
Number |
VAT amount |
Sales price |
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ARTICLE 4 - DELIVERY OF PRODUCTS
4.1. The Product is delivered to the delivery address specified by
the Consumer on the WEBSITE or the person / organization at the address
indicated by him / her in the latest 30 days, packed and together with the
invoice.
In the event that the fulfilling the act of the goods or services
subject to the order becomes impossible, the seller notifies the consumer in
writing or in the Consumer Data Saver within three days from the date of
learning of this situation and returns all payments collected, including the delivery
costs, if any, within four days (14) at the latest. Non-existence of the goods
in stock is not considered impossibility of fulfilling the act of goods.
4.2. If the product is to be delivered
to another person / organization than the Consumer, the SELLER shall not be
held liable if the person / organization to be delivered will not accept the
delivery.
4.3. The consumer is responsible for
checking the product at the time of receipt and when he/she sees a problem
arising from the cargo in the Product, not accepting the Product and getting
the courier company officer take a statement down. Otherwise, the Seller shall
not accept any liability.
ARTICLE 5 - PAYMENT METHOD
5.1. The consumer accepts, declares and undertakes that, since
forward sales can be made only by credit cards of banks, the Consumer shall
confirm the relevant interest rates, default interest and relevant information;
and provisions regarding the interest rate and default interest will be applied
within the scope of the credit card agreement between the Bank and the Customer
pursuant to the provisions of regulations in force. Credit / installment card
and similar payment facilities provided by institutions giving credit card,
installment card etc. such as banks and financing institutions are the
possibility of a loan and / or installment payment provided directly by the
related institution; The product sales which are realized within this framework
and in which the Seller collected the relevant amount fully shall not be
counted as installment sales in respect of the parties to this Agreement, they
are cash sales. The legal rights of the seller in the cases deemed to be
installments sale by the law (including the right to terminate the contract and
/ or claiming remaining debt to be paid together with the default interest, in
case any of the installments are not paid) are available and reserved. In case
of default of the consumer, a default interest of 5% per month is applied.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The consumer agrees that he/she read and is aware of the
preliminary information regarding the basic qualifications, sales price and
payment method and delivery of the products which are shown in the WEBSITE have
read and informed the basic qualifications, sales price and payment method and
the preliminary information about the delivery and gave the necessary
confirmation for the sale in the electronic environment.
6.2. By confirming this agreement in
electronic environment, the Consumer confirms that he/she has accurately and
completely obtained the address, basic features of the products ordered,
product prices including tax, payment and delivery information and information
about the right of withdrawal.
6.3. The seller is responsible for
delivering the product subject to the contract in a sound, complete manner, in
accordance with the specifications specified in the order and with the warranty
documents and user manuals, if any.
6.4. The seller may supply a different
product at the same quality and price to the Consumer before the contractual
performance obligation expires.
6.5. If the seller fails to fulfill the
contractual obligations in the event that the fulfillment of the product or
service subject to the order becomes impossible, the seller shall inform the
consumer before the expiry of the fulfillment obligation arising from the
contract and supply a different product with equal quality and price to the
Consumer.
6.6. For the delivery of the product
subject to the contract, it is obligatory that the signed copy of this
agreement is delivered to the Seller in electronic environment and the price
has been paid by the Consumer's preferred form of payment. If the product price
is not paid or canceled in the bank records for any reason, the Seller shall be
deemed to have been released from the delivery of the product.
6.7. In case the Bank / financing
institution to which the credit card is used belongs does not pay the Product
to the Seller for any reason after the delivery of the product, the Product
shall be returned to the Seller by the Consumer at the latest within 3 days,
all expenses shall be borne by the Consumer. All other contractual and
statutory rights of the Seller, including the follow-up of the Product price,
shall be reserved in any case.
6.8. In the event that the fulfillment
of the acts of the goods or services performed in the order becomes impossible,
the seller notifies the consumer in written or with permanent data storage
within three days from the date of learning of this situation and all the
payments collected, including the delivery costs, if any, shall be returned
within fourteen (14) days at the latest starting from the date of notification.
Non-existence of the goods in stock is not considered impossibility of
fulfilling the act of goods.
7- Product Delivery Processes
7.1. The product is delivered to the
delivery address specified by the Consumer on the WEBSITE or to the person /
organization at the address indicated by him / her within 30 days at the
latest, in a secured way and packed together with its invoice. In the event
that the fulfillment of the acts of the goods or services performed in the
order becomes impossible, the seller notifies the consumer in written or with
permanent data storage within three days from the date of learning of this
situation and all the payments collected, including the delivery costs, if any,
shall be returned within fourteen (14) days at the latest starting from the
date of notification. Non-existence of the goods in stock is not considered
impossibility of fulfilling the act of goods.
7.2. If the product is to be delivered
to another person / organization than the consumer, and if the person /
organization does not accept the delivery the seller shall not be held liable.
7.3. The consumer is responsible for
checking the product at the time of receipt and when he/she sees a problem
arising from the cargo in the Product, not accepting the Product and getting
the courier company officer take a statement down. Otherwise, the Seller shall
not accept any liability.
8- THE RIGHT OF WITHDRAWAL
Pursuant to the relevant provisions of Consumer Protection Law no 6502 and
Distance Contracts Directive;
8.1 In distance contracts about sales of goods, the consumer has the
right to withdraw within 14 (fourteen) days of receipt without showing any
excuses and paying any penal clause. However, the consumer may use his right of
withdrawal from the establishment of this Agreement until the delivery of the
goods. It is sufficient to direct the notification of the exercise of the right
of withdrawal to the seller or the provider in writing or through permanent
data storage. In order for our customers to use their right of withdrawal, they
must fill in the turn in slip sent to them together with the product and submit
the product to the COURIER company with the turn in slip.
In the determination of duration of the right of
withdrawal;
a) For the products subject to a single order; the day when the last goods is
delivered to the Consumer or to third party determined by the Consumer ,
b) For the products consisting of more than one parts; the day when the last
part is delivered to the Consumer or to third party determined by the Consumer,
c) For the contracts in which the goods is delivered regularly during a certain
period; the day when the first goods is delivered to the Consumer or to third
party determined by the Consumer,
is taken as basis.
8.2. Consumer’s right to withdraw shall not apply to the contracts regarding;
a) The goods prepared in accordance with the request and personal needs of the
customer,
b) The delivery of the perishables or the goods of which expiry date is short,
c) The delivery of the goods of which protective element such as package, tape,
and seal is opened provided that it is inappropriate to return them due to
health and hygiene concerns,
d) To the goods which are mixed with other goods and impossible to separate
intrinsically,
e) Books, digital contents and computer consumable materials which can be
offered in the physical environment when their protective element such as
package, tape, and seal is opened,
f) The delivery of the periodical publications such as journals and magazines
except for the ones provided within the scope of the subscription agreement,
g) Accommodation, moving, rent a car, supply of foods and beverages, and
recreational activities which have to be completed within a certain date or
period,
h) Services fulfilled immediately in the electronic environment or incorporeal
property that are delivered to the customer immediately,
i) Services which are started to be provided before the expiry date of the
right to withdraw, and
j) Goods and services of which prices are changing depending on the
fluctuations in the financial markets and out of the control of the Seller or
provider.
8.3- In the event that the consumer uses his/her
right of withdrawal, the Seller or the provider is obliged to return the total
amount received and negotiable instruments putting the consumer under debt and
all kinds of similar documents within 14 (fourteen) days from the date the
withdrawal notification is delivered to him/her without any charge.
8.4- The consumer shall not be liable within the
right of withdrawal for any changes or distortions in the goods if he/she uses
the goods in accordance with its operation, technical specifications and usage
instructions.
8.5- If the consumer uses the right of withdrawal, he shall not be liable to
pay the expenses related to the return if he/she returns the goods through the
courier specified for return in the preliminary information. In the event that
the seller does not specify any courier for the return in the preliminary
information, no cost can be demanded from the consumer. In the event that the
courier specified in the preliminary information for the return does not have a
branch in the location of the consumer, the seller is obliged to ensure that
the goods that are requested to be returned are collected from the Consumer
without any additional costs.
8.6- The Consumer is obliged to return the goods to
the Seller within 10 (ten) days from the date on which he notifies the Seller
of the use of the right of withdrawal, unless the Seller has made a proposal
that he/she will have his property taken back.
8.7- As stated in the 1st paragraph of Article 15
of the Regulation on Distance Contracts, the Consumers do not have the right
of withdrawal in the products which are specially prepared for the person.
8.8- The orders in the "Delivered to Courier" phase cannot be
canceled at the cargo delivery stage.
8.9- For the orders in the "Delivered to Courier" phase, our
Customers must return the cargo to the courier company without opening the box
of the product. The provisions in Article 8.1 are reserved.
The information about the company to be notified
about the withdrawal;
Name: GALİP KARA / 77 COMPUTER SOTWARE.
Address: Büyüksehir Mah. Ataturk Bulvarı No.45/C Değişim
Apt. K.5 D.32
Beylikdüzü
Istanbul Turkey
Tel: +90 506 121 69 72
E-posta: buycheapantiviruscom@gmail.com
ARTICLE 9- EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. In the resolution of any dispute that may arise from this
Agreement and / or its implementation, Seller records (including recordings in
the magnetic environment such as computer-audio records) constitute conclusive
evidence; Consumer Arbitration Committees are authorized up to the value
declared by the Ministry of Industry and Trade; and Consumer Courts and
Directorates of Debt Collection located in residential region of the consumer
and the seller are authorized for the values exceeding it.
9.2. The consumer declares, accepts and
undertakes that he / she has read all the conditions and explanations written
in this Contract and the Order Form constituting its integral part, has
received, examined and accepted the sales terms and all other preliminary
information.