Distance Sales Agreement
DISTANCE SALES CONTRACT
- PARTIES
This Agreement is established within the framework of the terms and conditions set forth between the following parties.
BUYER:
- Name-Surname / Title: [alici_ad_soyad]
- Address: [alici_adres]
- Phone: [alici_telefon]
- E-mail: [alici_eposta]
VENDOR:
- Name-Surname / Title:
Yılmaz Özcan - Dolpinger Akustik Teknolojileri
- Adresi: Mimar Sinan Mah. Yavuz Selim Caddesi Ekşioğlu Beşyıldız AVM No:3 İç Kapı:12 Çekmeköy / İstanbul / Türkiye
- Telefon: 0532 340 26 52
- E-posta: info@yunuskoruyucu.com
- Web Adresi: yunuskoruyucu.com
- Vergi Dairesi ve No: Sarıgazi V.D. - 6710038662
By accepting this agreement, the BUYER accepts in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and the specified additional fees such as shipping fee and tax, if any, and that he/she has been informed about this.
- DEFINITIONS
In the application and interpretation of this agreement, the following terms have the meanings set forth in front of them:
- MINISTER: The Minister of Commerce,
- MINISTRY: Ministry of Commerce,
- LAW: Law No. 6502 on the Protection of the Consumer,
- REGULATION: Distance Contracts Regulation,
- SERVICE: Any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
- VENDOR: Real or legal person who offers goods to the consumer within the scope of his commercial or professional activities or acts on behalf of or on behalf of the person who offers goods,
- BUYER: A real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
- SITE: yunuskoruyucu.com website belonging to the SELLER,
- ORDERER: Real or legal person who requests a good or service through the website of the SELLER,
- PARTIES: SELLER and BUYER,
- CONTRACT: This agreement established between the SELLER and the BUYER,
- ARTICLES: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
- 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 the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered by the BUYER electronically through the website of the SELLER, the qualities and sales price of which are specified. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated or changed. Prices announced for a period of time are valid until the end of the specified period.
- VENDOR INFORMATION
- Title: Yılmaz Özcan - Dolpinger Acoustic Technologies
- Address: Yavuz Selim Caddesi Ekşioğlu Beşyıldız AVM No:3 Inner Door:12 Çekmeköy / Istanbul / Turkey
- Phone: 0532 340 26 52
- E-mail: info@yunuskoruyucu.com
- Tax Office / No: Sarıgazi V.D. - 6710038662
- BUYER INFORMATION
- Delivery Person: [teslim_edilecek_kisi]
- Delivery Address: [teslimat_adresi]
- Phone: [alici_telefon]
- Email/Username: [alici_eposta]
- ORDERING INFORMATION
- Name/Surname/Title: [siparis_veren_ad_soyad]
- Address: [siparis_veren_adres]
- Phone: [siparis_veren_telefon]
- Email/Username: [siparis_veren_eposta]
- INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. Key Features
The basic characteristics (type, quantity, brand/model, color and quantity) of the goods, products or products are published on the website of the SELLER. main products for sale Dolpinger® acoustic dolphin deterrent pinger devices, charging adapters, accessories and spare parts.
7.2. Prices
The prices announced on the site are the sales price including VAT. The prices of the campaign products are valid during the campaign.
7.3. Taxes and Payments
A detailed breakdown of the goods or services subject to the contract, including all taxes, is listed below specifically for the order:
|
Product Description |
Quantity |
Unit Price |
Subtotal (VAT included) |
|
[siparis_urun_adi] |
[siparis_adet] |
[urun_birim_fiyat] TL |
[urun_ara_toplam] TL |
- Shipping Amount: [kargo_tutari] TL
- Total Order Price (VAT Included): [toplam_tutar] TL
- Payment Method: [odeme_turu - Credit Card / Money Order / EFT]
- BILLING INFORMATION
- Name/Surname/Title: [fatura_ad_soyad]
- Billing Address: [fatura_adres]
- Phone: [fatura_telefon]
- Email/Username: [fatura_eposta]
- Invoice Delivery: The invoice will be sent to the invoice address physically with the order during order delivery or electronically as an e-invoice/e-archive invoice to the recipient's e-mail address.
- GENERAL PROVISIONS
9.1. Information and Acceptance
The BUYER accepts, declares and undertakes that he/she has read and informed the basic characteristics, sales price and payment method of the product subject to the contract on the website of the SELLER and that he/she has given the necessary confirmation electronically.
9.2. Delivery Time
Each product subject to the contract is delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered within this period, the BUYER may terminate the contract.
9.3. Product Warranty
Electronic dolphin protective devices sold are covered by a replacement warranty in case of failure for 1 year from the date of delivery against malfunctions that may occur at sea. The use of the devices in accordance with IP68 waterproofing standards and their periodic maintenance are the responsibility of the BUYER; Corrosion, impact and user errors contrary to the user manual are not covered by the warranty.
- RIGHT OF WITHDRAWAL
10.1. Right of Withdrawal Condition
BUYER; It has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to itself or to the person or organization at the address indicated, without giving any reason and without paying any penalty. In order to exercise the right of withdrawal, it is necessary to notify the SELLER's communication channels in writing or with permanent data storage within this period and the original packaging and protective sealing seals of the product within the framework of the provisions of Article 11 must not have been opened and tested at sea/water .
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED (COMMERCIAL AND TECHNICAL PROTECTION CLAUSE)
Pursuant to Article 15 of the Regulation on Distance Contracts and the underwater technology/marine electronics nature of the products, the right of withdrawal and return cannot be exercised in the following cases:
- 11.1. Commercial Purchases: If the BUYER acts for commercial or professional purposes (commercial fishing, fishing enterprise, cooperative, sole proprietorship or limited/joint stock company invoice, etc.), the right of withdrawal and arbitrary refund does not legally exist, since the transaction does not fall within the scope of the Consumer Law No. 6502. The provisions of the Turkish Commercial Code apply to these purchases.
- 11.2. Packaging and Security Seal Exception: Dolpinger® acoustic dolphin deterrent devices are required to comply with water tightness, IP68 protection and hygiene/safety standards; From the moment the protective box packaging, vacuum, sealing tape or security seals on the box of the product are opened, the right of withdrawal in accordance with Article 15/ç of the Distance Contracts Regulation is completely eliminated.
- 11.3. Seawater Control and Depreciation: In case the device is unboxed, the mounting apparatus is installed, the device is exposed to seawater/salt water, it is operated underwater or the slightest sign of use (scratches, corrosion, deformation, etc.) occurs on it; DUE TO THE COMPLETE LOSS OF THE PRODUCT'S ABILITY TO BE SOLD AS NEW GOODS AND EXCEEDING THE USUAL CONTROL LIMITS , THE BUYER COMPLETELY LOSES THE RIGHT OF WITHDRAWAL AND RETURN. In such cases, the SELLER has the legal right to refuse refund requests.
- DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the case of payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may request the expenses and attorney's fee from the BUYER.
- COMPETENT AUTHORITIES
In consumer disputes arising from this contract, the Consumer Arbitration Committees in the BUYER's place of residence or in the place where the consumer transaction is made are authorized up to the monetary limit announced by the Ministry of Commerce every year, and the Consumer Courts are authorized in disputes above this value. For commercial purchases where the BUYER does not fall within the definition of consumer (Article 11.1), Istanbul (Anatolian) Courts and Enforcement Offices are authorized.
- ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this agreement. The SELLER is obliged to activate the software approval mechanisms that this agreement has been read and approved by the BUYER on the site before the order is realized.
