Distance Sales Agreement
1.1- SELLER:
Title: Gasell Office Furniture Industry and Trade Limited Company (Hereinafter referred to as " SELLER ")
Address: İkitelli OSB Neighborhood, Masko Furniture Industry Site. 8/A Block No:19, Başakşehir / İstanbul
Phone: +90 212 675 03 30
Email:
1.2- BUYER:
Name/Surname/Title: ... ... ... ... ... . ... ... (Hereinafter referred to as " BUYER ")
Address:
Telephone:
Email:
TR ID Number:
In this Agreement, BUYER and SELLER will be referred to together as the Parties.
ARTICLE 2 - SUBJECT
2.1. The subject of this Distance Selling Agreement (hereinafter referred to as the "Agreement") is the sale of the product/products, the qualities and sales prices of which are specified in this Agreement and ordered electronically by the BUYER on the SELLER's website www.shop.gasell.com (hereinafter referred to as the "website"), in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, the payment of the sales price, delivery and determination of other rights and obligations of the Parties and the determination of the methods of resolving disputes arising from this Agreement.
2.2. In order to avoid any doubt, it should be stated that the installation of the products subject to the Agreement is provided in certain provinces and districts determined by the SELLER and is outside the scope and subject of this Agreement. If the BUYER requests the installation of the products subject to the Agreement, he/she may conclude another agreement with the SELLER , the terms and conditions of which will be determined separately. Under no circumstances and conditions can a connection be established between this Agreement and the agreement that may be signed separately regarding the installation.
ARTICLE 3 - PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
Information such as the name, code (type, kind, model, color), quantity and sales price of the product/products subject to this Agreement are as stated below.
History:
Product Information:
Shipping Amount:
Payment method:
Shipping address:
Payment Table:
ARTICLE 4 - GENERAL PROVISIONS
4.1- BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the contractual product on the www.shop.gasell.com website and has given the necessary confirmation electronically.
4.2. The sales price and delivery price of the product/products ordered by the BUYER within the scope of this Agreement, including VAT , shall be paid in accordance with the payment methods and conditions determined by this Agreement.
4.3. The BUYER shall pay the price of the product/products ordered from the website by money transfer or Visa, Amex or Mastercard credit card. Orders placed within the scope of this Agreement shall be processed after the SELLER determines that the price of the product/products has been transferred to the bank to which the money has been transferred or that the credit card has been blocked by obtaining a bank provision.
4.4. SELLER is not responsible for any deductions made by banks under other names during payments.
4.5. It is outside the SELLER's discretion for the BUYER to offer various installment payment options within the scope of the campaigns of the bank it has an agreement with. Campaigns that are within the knowledge and discretion of the SELLER will be announced on the website.
4.6. If there is any campaign, discount or similar application announced by the SELLER in accordance with the legislation and stated to be valid for distance sales on the date the BUYER orders the product/products, this application will be applied to the BUYER's order, provided that the BUYER complies with the campaign conditions.
4.7. The delivery fee is not included in the price of the product/products, but will be added to the price of the product/products to be paid by the BUYER and will be paid by the BUYER together with the price of the product/products, delivery fee and additional costs, if any. The delivery fee and additional costs, if any, are shown in the table in article 3.
4.8. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period.
4.9. SELLER is responsible for the delivery of the product subject to the contract, intact, complete, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any. BUYER and/or the person receiving the delivery are obliged to check whether the product/products are intact, complete, in accordance with the specifications specified and delivered as required by the legislation during the delivery. A report must be kept with the transportation company representative regarding the product/products determined to be damaged during the delivery.
4.10. For the delivery of the product/products subject to the contract, it is a condition that this contract is approved electronically and the price is paid using the payment method preferred by the BUYER . If the price of the product/products is not paid for any reason or is cancelled in the bank records, the BUYER accepts, declares and undertakes that the SELLER has the right to refrain from the delivery obligation of the product/products without incurring any liability.
4.11. If the relevant bank or financial institution does not pay the price of the product/products to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product/products, the BUYER accepts, declares and undertakes to send the product/products delivered to it to the SELLER within 30 (thirty) days at the latest from the written notification of the SELLER regarding the issue, unused, undamaged, in the same condition as it was first sold, complete and undamaged, and that the shipping costs will be covered by the BUYER. Otherwise, the BUYER accepts and undertakes that all legal action will be taken against the SELLER, including all kinds of damages and losses incurred by the SELLER .
4.12. If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single transaction within 14 days.
4.13. Defective or broken products sold with or without a warranty certificate may be sent to the SELLER for the necessary repairs under warranty conditions, in which case the shipping costs will be covered by the SELLER .
4.14. The invoice to be issued by the SELLER to the BUYER and/or the real or legal person specified by the BUYER for the price of the product/products and the shipping service fee paid by the BUYER will be issued digitally within the scope of the E-Archive application and sent to the BUYER's e-mail address. The product/products will be delivered to the delivery address specified by the BUYER in this Agreement by the SELLER together with the delivery note. The BUYER accepts and declares that it will notify the SELLER in writing in the event of any change of address and that any information provided to the SELLER will be accurate and true, and that any damages arising from incorrect information will belong to the BUYER.
4.15. Even if the BUYER or someone authorized to receive the product is not present at the address where the product(s) will be delivered at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, the BUYER is responsible for any losses, damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all.
4.16. The BUYER accepts, declares and undertakes that the invoice and delivery addresses and other information provided within the scope of this Agreement are complete and accurate. In the event of an error and/or omission in the address provided by the BUYER , the BUYER not being present at the address provided at the time of delivery, the BUYER not being present at the address provided, the person who can receive the product/products at the address in question or the persons present at the address refraining from receiving the product/products and similar cases, the SELLER shall not be liable in any way. In the event that the delivery cannot be made as stated above, the BUYER has the right to request a re-delivery to be paid by the BUYER.
4.17. If it is noticed at the time of delivery that the product/products are defective, the product/products will be returned by the SELLER in the same condition as shipped and replaced with a new one within 14 days following this date without any additional shipping cost being requested from the BUYER .
4.18. If it is noticed after the delivery that the product/products are defective, the BUYER shall notify the SELLER in writing or verbally through customer services. Following this notification, the product/products will be transported by the cargo company to be directed by the SELLER and the product/products received will be evaluated by the SELLER . If it is concluded that the product/products are defective, the product/products in question will be replaced with a new one within 30 business days following the date of return by the SELLER without requesting an additional shipping fee. Otherwise, the product/products will be returned to the BUYER .
4.19. The BUYER accepts , declares and undertakes that he/she has read and is informed on the website about the basic characteristics of the product/products subject to the Agreement, the sales price including VAT, the validity period of all commitments of the SELLER including the price and the payment method and preliminary information regarding delivery; the right of withdrawal and how to use it, the fee if there is a cost to be covered by the BUYER , the delivery and performance periods of the product/products subject to the Agreement, the full address - telephone and other contact information of the SELLER to which the BUYER can submit his/her requests and complaints, that applications regarding complaints and objections can be made to the consumer problems arbitration committee or consumer court in the place where the BUYER purchased the goods or service or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade, and that he/she has given the necessary confirmation in electronic environment.
4.20. BUYER accepts, declares and undertakes that persons under the age of 18 cannot shop on the website, even if product/products for children are offered for sale, and that SELLER shall not be responsible in any way for damages suffered by third parties due to ordering products in violation of this rule. SELLER has the right to cancel the order and terminate the Contract if it detects that this article has been violated.
4.21. If the SELLER detects that the information provided by the BUYER does not correspond to the truth, the SELLER reserves the right to freeze or cancel the order. In such a case, if the SELLER cannot reach the BUYER via the phone, e-mail or delivery address provided by the BUYER , the SELLER will freeze the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If the BUYER does not contact the SELLER within this period, the order will be canceled. In case the order is canceled, any payments made by the BUYER will be refunded within 14 (fourteen) days. In payments made by credit card, the refund will be made to the credit card with which the payment was made. It is sufficient for the SELLER to make the refund within this period, and the SELLER cannot be held responsible for the process of the payment being reflected by the bank.
4.22. SELLER reserves the right to cancel purchases of the same product over the Website that exceed the BUYER 's needs. If the purchases exceed the BUYER's needs in wholesale purchases and exceed 2 (two) products, SELLER reserves the right to cancel the order completely or to send only 2 (two) items, which it accepts as the retail purchase limit.
ARTICLE 5 - PROTECTION OF PERSONAL DATA
5.1. The SELLER stores the personal information of the BUYER included in the distance sales contract and preliminary information form as the data controller.
5.2 . The name-surname, telephone number, Turkish ID Number, address, e-mail address, date of birth information requested during the shopping phase, outside the purpose and scope determined by this contract; may be used to contact the BUYER when necessary or may store or process this information. Personal Data may also be transferred to companies that the SELLER cooperates with, processed and used by these companies in order for the SELLER to conduct research to improve its processes, create a database, conduct market research and conduct communication/marketing activities.
5.3. With the establishment of this Agreement, the BUYER has been notified of the Disclosure Text containing detailed information regarding the BUYER's personal data to be processed by the SELLER within the scope of the execution of the Agreement and that it will be processed within the framework of the Law No. 6698 on the Protection of Personal Data and relevant legislation. The SELLER has accepted, declared and undertaken that it will process the BUYER's personal data only within the framework of the relevant Disclosure Text and the Law No. 6698 on the Protection of Personal Data and relevant legislation.
5.4. BUYER has the right to apply to the Data Controller SELLER at any time within the scope of the Law and learn whether his/her personal data has been processed, to request information about the processed personal data if any, to learn the purpose of processing personal data and whether these data are used in accordance with the purpose, to know the third parties to whom his/her personal data has been transferred, to request correction of errors in his/her personal data and to request this correction from the relevant third party if a transfer has been made, to request the deletion, destruction or anonymization of these data if the reasons requiring the processing of personal data are eliminated and to request that this request be communicated to the third party to whom the data has been transferred if a transfer has been made, to object to any negative result related to the person as a result of the processed data, and to claim compensation within the framework of the law in case of damages arising from data processing contrary to the Law.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1. The BUYER may exercise the right of withdrawal granted to it pursuant to the relevant legislation within 14 (fourteen) days from the delivery of the product/products subject to the Agreement to it or to the person at the address it has notified. In order for the BUYER to exercise its right of withdrawal, it is required that it notifies the SELLER in writing or verbally through customer services within this period, that the product/products are not among those for which the right of withdrawal cannot be exercised as specified in the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, or that the product has not suffered any damage that would prevent it from being offered for resale outside of ordinary use and has not been used in this manner.
6.2. In determining the period of the right of withdrawal, for goods that are the subject of a single order and delivered separately, the day on which the BUYER or a third party designated by the BUYER receives the last good shall be taken into account; for goods consisting of more than one piece, the day on which the BUYER or a third party designated by the BUYER receives the last piece shall be taken into account.
6.3. If the BUYER exercises his/her right of withdrawal by notifying the SELLER verbally or in writing through customer services within 14 (fourteen) days following the delivery of the products, the SELLER is obliged to receive the product/products in the condition they were first sold, together with a copy of the delivery report and the original invoice, with all shipping costs covered by the SELLER . The BUYER also has the right of withdrawal before the delivery of the product/products. If the BUYER does not use the product/products in accordance with their operation, technical specifications and instructions for use during the withdrawal period, the BUYER is responsible for any changes and deteriorations that occur, and the BUYER is obliged to compensate for any decrease in the value of the product/products. The SELLER will receive the product/products that the BUYER will return due to the exercise of the right of withdrawal through the shipping company that the SELLER has a contract with and at a time (date) to be determined in advance by the SELLER . In order to learn the Cargo Company that the SELLER has an agreement with as of the date this Agreement is approved, the SELLER must be contacted. If the BUYER sends the product/products to be returned through a shipping company that the SELLER does not have an agreement with, the shipping cost will be covered by the BUYER . In company returns, a return invoice must be issued.
ARTICLE 7 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.1 The right of withdrawal cannot be used in relation to product/products that have acquired personal characteristics through modifications, changes or additions in line with the BUYER's requests prior to the order. The BUYER will not be able to use the right of withdrawal in the following contracts and similar contracts, including but not limited to the matters regulated in the "Regulation on Distance Contracts":
7.2 Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller or provider.
7.3 Contracts regarding goods prepared in line with the consumer's wishes or personal needs. It is not possible to return products that are stated to be specially produced for you based on your order (indicated in the product description) because they are personalized.
7.4 Contracts for the delivery of goods that are perishable or subject to expiry.
7.5 Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
7.6. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
7.7. Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
7.8. Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription contract.
7.9. Contracts related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
7.10. Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
7.11. Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
ARTICLE 8 - COMPETENT COURT
8.1. Turkish Law shall apply in the implementation and interpretation of this Agreement and in case of any dispute arising from this Agreement.
8.2. The BUYER has the right to apply to the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade in order to resolve disputes falling within the scope of Law No. 6502 regarding the implementation of this Agreement, and to the Istanbul Consumer Courts in order to resolve disputes exceeding this value.
If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.
SELLER Gasell Office Furniture Industry and Trade Limited Company
BUYER