DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: SULTAN INSTRUMENT AND MUSICAL EQUIPMENT IND. TRADE LTD. STI
ADDRESS: Neighborhood/District:YUNUS EMRE MAH. Street/Stream:MARTY PILOT VOLKAN KOÇYİĞİT BLV. No:7 Interior Door No:1
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if any, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website of the SELLER,
ORDERER: 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,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement has been drawn up in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of Goods/Services with the qualifications specified in the Agreement, for which the natural person BUYER electronically orders the Goods/Services of the SELLER offering the Goods/Services on the Platform owned by SULTAN INSTRUMAN VE MUZIK EKIPMANLARI SAN TIC LTD STI. The conclusion of this Agreement shall not prevent the performance of the provisions of the membership agreements signed separately by the Parties with SULTAN INSTRUMAN VE MUZIK EKIPMANLARI SAN TIC LTD STI . , and the Parties acknowledge and declare that SULTAN INSTRUMAN VE MUZIK EKIPMANLARI SAN TIC LTD STI . is not a party to the sale of the Goods/Services subject to this Agreement in any way and that it has no responsibility or commitment regarding the fulfillment of the Parties' obligations under the Agreement.
4. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
4.1. The BUYER accepts that he/she has reviewed, read, understood and been provided with all general and special explanations on the relevant pages and sections of the Platform before the BUYER accepts this Agreement from the Platform and undertakes both the order and the payment obligation.
a) SELLER's title, contact information and current introductory information,
b) Appropriate tools and methods for the sales process stages during the purchase of Products from the Platform and for the correction of incorrectly entered information,
d) SULTAN INSTRUMAN VE MUSIC EQUIPMENT SAN TIC LTD STI
The privacy, data usage-processing and electronic communication rules applied to the BUYER information by the BUYER, the permissions given by the BUYER to SULTAN INSTRUMENT VE MUZIK EKIPMANLARI SAN TIC LTD STI in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the Parties,
e) Shipping restrictions for the products as stipulated by the SELLER,
f) Payment methods and instruments accepted by SULTAN INSTRUMENT VE MUZIK EKIPMANLARI SAN TIC LTD STI . for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total price to be paid by the BUYER to the SELLER, including the relevant expenses),
g) Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, and the responsibilities of the Parties in these matters,
i) Products and other goods and services for which the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised within the prescribed time,
k) For Products with a right of withdrawal, if the Product is damaged or altered due to not being used in accordance with the instructions, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and he/she will be liable to the SELLER in any case. In cases where the SELLER accepts the product, he/she may deduct an amount he/she deems appropriate based on the damage or alteration in question from the refund to be made to the BUYER.
l) In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
m) Details of the conditions (special conditions) for the BUYER to benefit from various opportunities that may be applied from time to time on the Platform,
n) Depending on its nature, this Agreement and all other sales terms included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established on the Platform by the BUYER, and DSM may also keep it for a period of three years.
o) In case of dispute, the BUYER may submit his complaints to SULTAN INSTRUMAN VE MUZIK EKIPMANLARI SAN TIC LTD STI or the SELLER, and may submit his legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Title: SULTAN ENSTRUMAN VE MUZIK EQUIPMENT SAN TIC LTD STI
Address: Neighborhood/District:YUNUS EMRE MAH. Street/Stream:MARRY PILOT VOLKAN KOÇYİĞİT BLV. No:7 Interior Door No:1
Phone: 02324833818
Fax
Email: info@sultanmuzik.com
6. BUYER INFORMATION
Person to be delivered
Delivery Address
Telephone
Fax
Email/username
7. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
8. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until its expiration date.
8.2. The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
8.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
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Product Description |
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Unit Price |
Subtotal |
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Shipping Amount |
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Payment Method and Plan
Delivery Address
Person to be delivered
Billing Address
Order Date
Delivery date
Delivery method
8.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
9. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery.
will be delivered.
10. GENERAL PROVISIONS
10.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
10.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
10.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, and any necessary information and documents; to perform the work in accordance with the standards and in accordance with the legal regulations, free from all defects, on the basis of honesty and integrity; to maintain and improve the service quality; to show the necessary care and attention during the performance of the work and to act with caution and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
10.5. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and that it will refund the total price to the BUYER within 14 days.
10.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.
10.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
10.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
10.10. The BUYER will inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
10.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
10.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER when registering on the SELLER's website is true and correct, and that he will compensate the SELLER for any damages that may be incurred due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from the SELLER.
10.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
10.14. BUYER may not use SELLER's website in any way that disrupts public order, violates morality, disturbs or harass others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
10.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.
10.16. Any member who violates one or more of the provisions of this agreement shall be personally and legally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, should the matter be brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
11. RIGHT OF WITHDRAWAL
11.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that he/she notifies the SELLER. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed of the right of withdrawal.
11.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is a corporate product, it must be sent together with the return invoice issued by the corporate product. Returns of orders whose invoices are issued in the name of corporate products cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
12. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or may have expired, products that are not suitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services whose performance began with the consumer's consent before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.
13. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on credit card transactions, the cardholder will pay interest and be liable to the bank pursuant to the credit card agreement it has with the bank. In such cases, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER will be liable for any losses and damages incurred by the SELLER due to the BUYER's delayed payment of the debt.
14. DISPUTE RESOLUTION
14.1. In the implementation of this Distance Selling Contract, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Goods or Services and where he/she resides are authorized up to the value declared by the Ministry of Trade.
14.2. District/provincial consumer arbitration committees are authorized regarding consumer demands in line with the lower and upper limits specified in the first paragraph of Article 68 of the Consumer Protection Law No. 6502.
This Agreement is made for commercial purposes.
15. ENFORCEMENT
The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software adjustments to obtain confirmation on the Site that the BUYER has read and accepted this agreement before the order is placed.
SALES PERSON:
BUYER:
