Distance Sales Agreement | Gasell - Online Shopping Terms and Conditions

ARTICLE 1 - PARTIES

1.1 - SELLER:
Title:
Gasell Office Furniture Industry and Trade Limited Company (Hereinafter referred to as "SELLER")
Address:
İkitelli OSB Mahallesi, Masko Mobilyacılar San. Sit. 8/A Blok No:19, Başakşehir / İstanbul
Phone:
+90 212 675 03 30
1.2 - BUYER:
Name/Surname/Title:
..................... (Hereinafter referred to as "BUYER")
Address:
.....................
Phone:
.....................
Email:
.....................
ID Number:
.....................

In this Agreement, BUYER and SELLER shall be collectively referred to as the Parties.

ARTICLE 2 - SUBJECT

2.1. The subject of this Distance Sales Agreement (Hereinafter referred to as "Agreement") is to determine the sale, payment of the sales price, delivery, and other rights and obligations of the Parties, as well as resolution methods for disputes arising from this Agreement, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, regarding the products whose characteristics and sales prices are specified in this Agreement and on the SELLER's website www.shop.gasell.com (Hereinafter referred to as "website"), which the BUYER has ordered electronically.

2.2. To avoid any doubt, it should be noted that the assembly of the products subject to this Agreement is offered in certain provinces and districts determined by the SELLER and is outside the subject and scope of this Agreement. If the BUYER requests the assembly of the products subject to the Agreement, another contract with separately determined terms and conditions may be concluded with the SELLER in this regard. Under no circumstances can a connection be established between this Agreement and any contract that may be separately signed regarding assembly.

ARTICLE 3 - PRODUCTS SUBJECT TO THE AGREEMENT

Information such as the name, code (type, kind, model, color), quantity, and sales price of the product(s) subject to this Agreement are as specified below.

Date:
.....................
Product Information:
.....................
Shipping Cost:
.....................
Payment Method:
.....................
Delivery Address:
.....................
Payment Table:
Product Name Quantity Unit Price Total Price
..................... ..................... ..................... .....................
Subtotal: .....................
VAT: .....................
Shipping Cost: .....................
Grand Total: .....................

ARTICLE 4 - GENERAL PROVISIONS

4.1. BUYER declares that they have read and become informed about the preliminary information regarding the basic characteristics of the product subject to the contract, sales price, payment method, and delivery on the website www.shop.gasell.com, and has provided the necessary confirmation electronically.

4.2. The sales price including VAT and delivery cost of the product(s) ordered by the BUYER under this Agreement shall be paid in accordance with the payment method and conditions determined by this Agreement.

4.3. BUYER will pay for the product(s) ordered from the website by bank transfer or Visa, Amex, or Mastercard credit card. Orders placed under this Agreement will be processed after the SELLER confirms that the payment has been transferred to the bank or blocked by obtaining bank authorization from the credit card.

4.4. The SELLER is not responsible for deductions made by banks under various names during payments.

4.5. The offering of various installment payment options as part of campaigns by banks with which the BUYER has agreements is outside the SELLER's initiative. Campaigns within the SELLER's knowledge and control will be announced on the website.

4.6. If there is any campaign, discount, or similar application that was announced by the SELLER in accordance with legislation and specified as valid for distance sales on the date the BUYER ordered the product(s), this application will also be applied to the BUYER's order, provided that the BUYER meets the campaign conditions.

4.7. The delivery fee is not included in the price of the product(s) and will be added to the price of the product(s) to be paid by the BUYER and will be paid by the BUYER together with the price of the product(s), delivery fee, and any additional costs if applicable. The delivery fee and any additional costs are shown in the table in Article 3.

4.8. The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period disclosed in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.

4.9. The SELLER is responsible for delivering the product subject to the contract in sound, complete condition, in accordance with the specifications stated in the order, and with warranty documents and user manuals, if any. The BUYER and/or the person receiving delivery is obliged to check whether the product(s) are delivered in sound, complete condition, in accordance with the stated specifications, and as required by legislation during delivery. A report must be prepared together with the shipping company representative regarding product(s) determined to be damaged during delivery.

4.10. For the delivery of the product(s) subject to the contract, this agreement must be approved electronically and the price must be paid by the payment method chosen by the BUYER. If for any reason the price of the product(s) is not paid or is canceled in bank records, the BUYER accepts, declares, and undertakes that the SELLER has the right to refuse the delivery of the product(s) without any liability arising from the SELLER's obligation to deliver the product(s).

4.11. If, after the delivery of the product(s), the credit card belonging to the BUYER is used unlawfully or illegally by unauthorized persons in a manner not resulting from the BUYER's fault, and the relevant bank or financial institution does not pay the price of the product(s) to the SELLER, the BUYER accepts, declares, and undertakes to return the delivered product(s) to the SELLER within a maximum of 30 (thirty) days from the SELLER's written notification regarding the matter, unused, with undamaged packaging, in the condition in which it was originally sold, complete and undamaged, and that the shipping costs will be covered by the BUYER. Otherwise, the BUYER accepts and undertakes that all legal actions will be taken against them, including any damages suffered by the SELLER.

4.12. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather conditions preventing transportation or disruption of transportation, they are obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent if available, and/or postpone the delivery period until the preventing situation is eliminated. If the BUYER cancels the order, the amount paid will be paid to them in cash and in full within 14 days.

4.13. Defective or damaged products, whether sold with a warranty certificate or not, can be sent to the SELLER for necessary repairs within the warranty conditions, in which case shipping costs will be covered by the SELLER.

4.14. The invoice to be issued by the SELLER in the name of the BUYER and/or the natural or legal person specified by the BUYER in exchange for the price of the product(s) paid by the BUYER and the shipping service fee will be prepared digitally within the scope of the E-Archive application and will be sent to the BUYER's email address. The product(s) will be delivered to the delivery address specified by the BUYER in this Agreement by the SELLER together with the product dispatch waybill. The BUYER accepts and declares that in case of any address change, they will notify the SELLER in writing, that all information provided to the SELLER will be accurate and truthful, and that damages arising from incorrect information will belong to them.

4.15. Even if the BUYER or someone authorized to receive delivery is not present at the address where the product(s) will be delivered at the time of delivery, the SELLER shall be deemed to have fully and completely fulfilled their obligation. Therefore, the BUYER is responsible for any damage, harm, and expenses arising from late or non-receipt of the product.

4.16. The BUYER accepts, declares, and undertakes that the invoice and delivery addresses and other information provided under this Agreement are complete and accurate. The SELLER shall not be held responsible in any way for errors and/or deficiencies in the address provided by the BUYER, the BUYER not being at the address provided at the time of delivery, the absence of a person who can receive the product(s) at that address, persons at that address refusing to receive the product(s), and similar situations. In case delivery cannot be realized as described above, the BUYER has the right to request re-delivery to be paid by themselves.

4.17. If the product(s) are found to be defective at the time of delivery, the product(s) will be returned by the SELLER in the manner they were shipped and replaced with new ones within 14 days following this date without requesting additional shipping costs from the BUYER.

4.18. If the product(s) are found to be defective after the time of delivery, the BUYER notifies the SELLER in writing or verbally through customer service. Following this notification, the product(s) will be transported by the cargo company to be directed by the SELLER, and these received product(s) will be evaluated by the SELLER. If it is determined that the product(s) are defective, the product(s) subject to the notification will be replaced with new ones within 30 business days following the date of receipt by the SELLER without requesting additional shipping costs. Otherwise, the product(s) will be returned to the BUYER.

4.19. The BUYER accepts, declares, and undertakes that they have read and become informed about the preliminary information on the website regarding the basic characteristics of the product(s) subject to the Agreement, the sales price including VAT, the validity period of all commitments of the SELLER including the price, the payment method and delivery; the right of withdrawal and how to use it, the cost if there is a cost to be borne by the BUYER, the delivery and performance periods of the product(s) subject to the Agreement, the SELLER's clear address, telephone, and other access information to which the BUYER can convey their requests and complaints, that applications regarding complaints and objections can be made to the consumer arbitration committee or consumer court in the place where the BUYER purchased the goods or services or where their residence is located within the monetary limits determined by the Ministry of Customs and Trade, and has provided the necessary confirmation electronically.

4.20. The BUYER accepts, declares, and undertakes that persons under 18 years of age cannot shop from the website, even if products for children are offered for sale, that the SELLER shall not be held responsible in any way for damages suffered by third parties due to orders placed in violation of this rule. The SELLER has the right to cancel the placed order and terminate the Agreement if they determine that this article has been violated.

4.21. The SELLER reserves the right to freeze or cancel the order if they determine that the information provided by the BUYER does not correspond to reality. In such a case, if the SELLER cannot reach the BUYER through the telephone, email, or delivery address provided by the BUYER, they freeze the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the matter during this period. If the BUYER does not contact the SELLER within this period, the order will be canceled. In case of order cancellation, any payments made by the BUYER will be refunded within 14 (fourteen) days. For payments made by credit card, the refund will be made to the credit card used for payment. It is sufficient for the SELLER to process the refund within this period, and the SELLER cannot be held responsible for the reflection process by the bank.

4.22. The SELLER reserves the right to cancel purchases that exceed the BUYER's needs from the same product through the Website. If purchases exceeding the BUYER's needs, which are wholesale in nature, exceed 2 (two) units of product purchased, the SELLER reserves the right to either cancel the entire order or ensure the delivery of only 2 (two) units, which they accept as the retail purchase limit.

ARTICLE 5 - PROTECTION OF PERSONAL DATA

5.1. The BUYER's personal information in the distance sales agreement and preliminary information form is stored by the SELLER as the data controller.

5.2. The SELLER may use or store or process the name, surname, phone number, ID number, address, email address, date of birth information requested during the shopping process, beyond the purpose and scope determined by this agreement, to contact the BUYER when necessary. Personal Data may also be transferred to, processed by, and used by companies with which the SELLER cooperates for the purpose of conducting research to improve the SELLER's processes, creating databases, conducting market research, and carrying out communication/marketing activities.

5.3. With the establishment of this Agreement, the Information Notice containing detailed information about the personal data of the BUYER to be processed by the SELLER within the scope of the performance of the Agreement and the processing framework under Law No. 6698 on the Protection of Personal Data and relevant legislation have been communicated to the BUYER. The SELLER has accepted, declared, and undertaken to process the BUYER's personal data only within the framework of the relevant Information Notice and 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 under the Law to learn whether their personal data is being processed, request information about their processed personal data if any, learn the purpose of processing personal data and whether it is used in accordance with its purpose, know the third parties to whom personal data is transferred, request correction of errors in personal data and request this correction from the relevant third party if transfer has been made, request deletion, destruction, or anonymization of this data if the reasons requiring the processing of personal data have ceased to exist and request the communication of this request to the third party to which transfer was made if transfer was made, object to the occurrence of a negative result regarding the person as a result of processing data, and request compensation for their damages within the framework of laws if their damage arises due to unlawful data processing.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1. BUYER may exercise the right of withdrawal granted to them under relevant legislation within 14 (fourteen) days from the delivery of the product(s) subject to the Agreement to themselves or the person at the address they provided. In order for the BUYER to exercise the right of withdrawal, they must notify the SELLER in writing or verbally through customer service within this period, the product(s) must not be among the products for which the right of withdrawal cannot be exercised as determined in the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, or must not have suffered damage that would prevent the product from being resold beyond ordinary use, and must not have been used in this way.

6.2. In determining the right of withdrawal period, for goods that are subject to a single order but delivered separately, the day on which the BUYER or a third party designated by the BUYER receives the last good; for goods consisting of multiple parts, the day on which the BUYER or a third party designated by the BUYER receives the last part shall be taken as basis.

6.3. If the BUYER exercises the right of withdrawal by notifying the SELLER in writing or verbally through customer service within the 14 (fourteen) day period following the delivery of the products, the SELLER is obliged to receive the product(s) in the condition in which they were originally 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(s). If the BUYER does not use the product(s) in accordance with their operation, technical specifications, and usage instructions during the withdrawal period, they are responsible for any changes and deteriorations that occur, and the BUYER is obliged to compensate for the decrease in value in the price of the product(s). The SELLER will pick up the product(s) that the BUYER will return due to the exercise of the right of withdrawal through the shipping company with which the SELLER has an agreement and at a time (date) to be determined by mutual agreement with the SELLER. To learn about the Cargo Company with which the SELLER has an agreement as of the date this Agreement is approved, the SELLER must be contacted. If the BUYER sends the product(s) they will return through a shipping company with which the SELLER does not have an agreement of their own choice, the shipping cost will be covered by the BUYER. In company returns, there is an obligation to issue a return invoice.

ARTICLE 7 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

7.1. The right of withdrawal cannot be exercised for product(s) that have acquired personal characteristics by making modifications, changes, or additions in line with the BUYER's requests before the order. The BUYER cannot exercise the right of withdrawal in the following contracts and similar contracts, not limited to these, along with the matters regulated in the "Regulation on Distance Contracts":

7.2. Contracts for goods or services whose price is subject to fluctuations in financial markets and is not under the control of the seller or provider.

7.3. Contracts for goods prepared in line with the consumer's requests or personal needs. For products specified as being produced specifically for you based on your order (stated in the product description), return is not possible as they are custom-made.

7.4. Contracts for the delivery of goods that are perishable or may expire.

7.5. Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; whose return is not appropriate for health and hygiene reasons.

7.6. Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.

7.7. Contracts for books, digital content, and computer consumables presented in material form if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.

7.8. Contracts for the delivery of periodical publications such as newspapers and magazines, excluding those provided within the scope of a subscription agreement.

7.9. Contracts for accommodation, goods transportation, car rental, food and beverage supply, and use of leisure time for entertainment or recreation purposes that must be made on a specific date or period.

7.10. Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

7.11. Contracts for services whose performance has begun with the consumer's consent before the expiration 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 any dispute arising from this Agreement.

8.2. BUYER has the right to apply to Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade for the resolution of disputes falling within the scope of Law No. 6502 regarding the implementation of this Agreement, and to Istanbul Consumer Courts for the resolution of disputes exceeding this value.

In case the order is placed, the BUYER shall be deemed to have accepted all terms and conditions of this agreement.

SELLER

Gasell Office Furniture Industry and Trade Limited Company

 
BUYER

.....................

 
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