Distance Sales Agreement (PDF Template)
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been concluded between the following parties under the terms and conditions set out below.
BUYER:
Name / Title: [alici_ad_soyad]
Address: [alici_adres]
Phone: [alici_telefon]
E-mail: [alici_eposta]
SELLER:
Name / Title: Yılmaz Özcan - Dolpinger Akustik Teknolojileri
Address: Mimar Sinan Mah. Yavuz Selim Caddesi Ekşioğlu Beşyıldız AVM No:3 İç Kapı:12 Çekmeköy / İstanbul / Türkiye
Phone: 0532 340 26 52
E-mail: info@yunuskoruyucu.com
Website: yunuskoruyucu.com
Tax Office and No: Sarıgazi V.D. - 6710038662
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order, they undertake the obligation to pay the order price and any additional charges such as shipping fees and taxes, and that they have been informed accordingly.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms below have the meanings indicated:
MINISTER: Minister of Trade of Türkiye,
MINISTRY: Turkish Ministry of Trade,
LAW: Turkish Consumer Protection Law No. 6502,
REGULATION: Turkish Distance Contracts Regulation,
SELLER: the natural or legal person who offers goods to the consumer within the scope of its commercial or professional activities,
BUYER: the natural or legal person who acquires, uses or benefits from goods or services for purposes not related to commercial or professional activity,
SITE: the SELLER's website, yunuskoruyucu.com,
GOODS: refers to the movable property subject to the sale.
3. SUBJECT
This Agreement governs the rights and obligations of the parties in accordance with Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product whose characteristics and sale price are specified, ordered electronically by the BUYER through the SELLER's website. The prices listed and announced on the site are the sale prices.
4. SELLER INFORMATION
Title: Yılmaz Özcan - Dolpinger Akustik Teknolojileri
Address: Mimar Sinan Mah. Yavuz Selim Caddesi Ekşioğlu Beşyıldız AVM No:3 İç Kapı:12 Çekmeköy / İstanbul / Türkiye
Phone: 0532 340 26 52
E-mail: info@yunuskoruyucu.com
Tax Office / No: Sarıgazi V.D. - 6710038662
5. BUYER INFORMATION
Recipient: [teslim_edilecek_kisi]
Delivery Address: [teslimat_adresi]
Phone: [alici_telefon]
E-mail / Username: [alici_eposta]
6. INFORMATION ON THE PERSON PLACING THE ORDER
Name/Surname/Title: [siparis_veren_ad_soyad]
Address: [siparis_veren_adres]
Phone: [siparis_veren_telefon]
E-mail / Username: [siparis_veren_eposta]
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. Essential Characteristics
The essential characteristics of the goods or products (type, quantity, brand/model, colour and quantity) are published on the SELLER's website. The main products offered for sale consist of Dolpinger® acoustic dolphin repeller pinger devices, chargers, accessories and spare parts.
7.2. Prices
Prices announced on the site are sale prices inclusive of VAT. Prices for discounted products are valid during the campaign period.
7.3. Taxes and Payments
A detailed breakdown of the goods or services subject to the agreement, including all taxes, is listed below specifically for this order:
Shipping Fee: [kargo_tutari] [para_birimi]
Total Order Amount (all taxes included): [toplam_tutar] [para_birimi]
Payment Method: [odeme_turu]
8. BILLING INFORMATION
Name/Surname/Title: [fatura_ad_soyad]
Billing Address: [fatura_adres]
Phone: [fatura_telefon]
E-mail / Username: [fatura_eposta]
Invoice Delivery: The invoice will be delivered physically together with the shipment to the billing address, or sent electronically as an e-invoice/e-archive invoice to the buyer's e-mail address.
9. GENERAL PROVISIONS
9.1. Information and Acceptance
The BUYER declares, acknowledges and undertakes that they have read and understood the pre-contractual information on the SELLER's website regarding the essential characteristics, sale price, payment method and delivery of the product subject to the agreement, and that they have given the required confirmation electronically.
9.2. Delivery Time
Each product subject to this Agreement shall be delivered to the BUYER or to the person/institution at the address specified by the BUYER, within the period stated in the pre-information section of the website, not exceeding the statutory 30-day limit, depending on the distance to the BUYER's location. If the product cannot be delivered within this period, the BUYER may terminate the Agreement.
9.3. Product Warranty
The electronic dolphin repeller devices sold are covered by a replacement warranty for 1 year from the delivery date against malfunctions that may occur at sea. Proper use in accordance with the IP68 waterproofing standards and periodic maintenance of the devices are the BUYER's responsibility; corrosion, impact and user errors contrary to the user manual are excluded from the warranty.
10. RIGHT OF WITHDRAWAL
10.1. Condition for the Right of Withdrawal
The BUYER has the right to withdraw from the Agreement within 14 (fourteen) days from the delivery of the product to themselves or to the person/institution at the address they specify, without giving any reason and without paying any penalty. To exercise the right of withdrawal, written notice or notice via a durable medium must be given to the SELLER's contact channels within this period, and the original packaging and protective sealing of the product must not have been opened, and the product must not have been tested at sea/in water.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED (COMMERCIAL AND TECHNICAL PROTECTION CLAUSE)
Pursuant to Article 15 of the Turkish Distance Contracts Regulation and due to the underwater-technology/marine-electronics nature of the products, the right of withdrawal and return absolutely cannot be exercised in the following cases:
11.1. Commercial Purchases: If the BUYER acts for commercial or professional purposes, the transaction does not fall within the scope of Consumer Law No. 6502, and there is legally no right of withdrawal or discretionary return. The Turkish Commercial Code applies to such purchases.
11.2. Packaging and Security Seal Exception: Due to the waterproofing, IP68 protection and hygiene/security standards of Dolpinger® acoustic dolphin repeller devices, once the protective box packaging, vacuum seal, waterproofing tape or security seals on the box have been opened, the right of withdrawal is entirely extinguished, pursuant to Article 15(ç) of the Turkish Distance Contracts Regulation.
11.3. Seawater Testing and Loss of Value: If the device is removed from its box, mounting accessories are installed, the device is exposed to seawater/salt water, operated underwater, or shows the slightest sign of use; the BUYER COMPLETELY LOSES THE RIGHT OF WITHDRAWAL AND RETURN.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
Where the BUYER makes payment by credit card and defaults on payment, the BUYER declares, acknowledges and undertakes that they will pay interest within the framework of the credit card agreement with the card-issuing bank and will be liable to the bank accordingly.
13. COMPETENT AUTHORITIES
For consumer disputes arising from this Agreement, the Consumer Arbitration Committees at the BUYER's place of residence or where the transaction took place are competent up to the monetary threshold announced annually by the Turkish Ministry of Trade; for disputes exceeding this threshold, the Consumer Courts are competent. For commercial purchases where the BUYER does not fall within the definition of consumer, the İstanbul (Anadolu) Courts and Enforcement Offices have sole jurisdiction.
14. EFFECT
The BUYER is deemed to have accepted all terms of this Agreement upon completing payment for the order placed via the Site.