Distance Sales Agreement
1. Parties
This Agreement is executed between the parties below under the terms and conditions set forth herein.
Buyer: CUSTOMER NAME, CUSTOMER ADDRESS
Seller: BOVASOFT, Adalet Mah. Manas Boulevard No: 39, Folkart Towers B BLOCK, Floor: 32, Office: 3201, Bayraklı, Izmir / Turkey.
By accepting this Agreement, the Buyer acknowledges in advance that, upon confirming the order subject to this Agreement, they will be obliged to pay the order amount and any additional charges such as shipping and taxes, if applicable, and that they have been informed in this regard.
2. Definitions
Minister: The Minister of Customs and Trade.
Ministry: The Ministry of Customs and Trade.
Law: Law No. 6502 on Consumer Protection.
Regulation: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188).
Service: Any subject of a consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit.
Seller: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of the supplier of goods.
Buyer: The natural or legal person who acquires, uses, or benefits from a good or service for purposes not related to commercial or professional activities.
Site: The Seller’s website.
Order Placer: The natural or legal person who requests a good or service via the Seller’s website.
Parties: The Seller and the Buyer.
Agreement: This agreement concluded between the Seller and the Buyer.
Goods: Movable items subject to purchase, and intangible goods such as software, audio, video, and similar prepared for use in electronic media.
3. Subject
This Agreement regulates the rights and obligations of the parties pursuant to Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product or products whose characteristics and sales price are specified below, ordered electronically by the Buyer via the Seller’s website.
The prices listed and announced on the Site are the sales prices. The announced prices and promises remain valid until updated or changed. Time limited prices remain valid until the specified period ends.
4. Seller Information
Title: BOVASOFT.
Address: Adalet Mah. Manas Boulevard No: 39, Folkart Towers B BLOCK, Floor: 32, Office: 3201, Bayraklı, Izmir / Turkey.
Phone: +90 850 840 1202.
Email: [email protected].
5. Buyer Information
Recipient:
Delivery Address:
Phone:
Fax:
Email:
6. Order Placer Information
Name Surname or Title:
Address:
Phone:
Fax:
Email:
7. Information on the Product or Products
7.1 The essential characteristics such as type, quantity, brand or model, color, and number are published on the Seller’s website. If a campaign is organized by the Seller, the essential characteristics can be reviewed during the campaign period and are valid until the campaign date.
7.2 The prices listed and announced on the Site are the sales prices. The announced prices and promises remain valid until they are updated and changed. Time limited prices remain valid until the specified period ends.
7.3 The sales price of the goods or services subject to the Agreement, including all taxes, is determined together with the payment method and plan, delivery address, recipient, invoice address, order date, delivery date, and delivery method.
7.4 Shipping or delivery charges are to be paid by the Buyer.
8. Invoice Information
Name Surname or Title:
Address:
Phone:
Fax:
Email:
Invoice Delivery: The invoice will be delivered to the invoice address together with the order upon delivery.
9. General Provisions
The Buyer acknowledges that they have read and are informed about the essential characteristics, sales price, payment method, and delivery details of the product on the Seller’s website, and has provided the necessary confirmations electronically.
Each product shall be delivered to the Buyer or the person or organization at the address indicated by the Buyer within the period stated in the preliminary information on the website and not exceeding the statutory maximum of thirty days. If delivery cannot be made within this period, the Buyer may terminate the Agreement.
The Seller undertakes to deliver the product complete and in accordance with the order specifications, together with necessary documents, free from defects, in compliance with legal regulations and standards, and to act with due care, prudence, and good faith.
The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining explicit approval before the performance period ends.
If performance becomes impossible, the Seller will inform the consumer in writing within three days from becoming aware of the situation and will refund the total amount within fourteen days.
The Buyer accepts that if the price is not paid or is cancelled in bank records for any reason, the Seller’s delivery obligation will cease.
If unauthorized use of a credit card is detected after delivery and the price is not paid to the Seller, the Buyer shall return the product to the Seller within three days, with shipping costs borne by the Seller.
If force majeure occurs beyond the control of the parties and prevents or delays performance, the Seller will inform the Buyer. The Buyer may request cancellation, replacement with an equivalent, or postponement until the obstacle is removed. In case of cancellation, cash payments are refunded within fourteen days. For credit card payments, refunds are made to the relevant bank within fourteen days and may be reflected to the Buyer by the bank within two to three weeks.
The Seller may contact the Buyer for communication, marketing, notifications, and other purposes using the contact information provided or updated by the Buyer.
The Buyer shall inspect the goods or services before accepting delivery and shall not accept damaged or defective items. After delivery, the Buyer must preserve the goods or services carefully. If the right of withdrawal is to be exercised, the goods or services must not be used and the invoice must be returned.
If the Buyer and the credit card holder are not the same person, or if a security risk is detected before delivery, the Seller may request identity and contact details of the cardholder, the previous month’s statement, or a bank letter confirming card ownership. The order may be suspended until these are provided and may be cancelled if not provided within twenty four hours.
The Buyer declares that the personal and other information provided when becoming a member of the Site are accurate and undertakes to compensate the Seller for any damages due to inaccuracies.
The Buyer undertakes to comply with legal provisions while using the Site and accepts sole responsibility for any violations.
The Buyer shall not use the Site in any manner that disrupts public order, is contrary to general morality, is disturbing or harassing, is unlawful, or infringes upon others’ rights, and shall not engage in activities that hinder others’ use of the services.
Links to websites or content not under the Seller’s control may be provided. These links are for convenience and do not constitute endorsement or guarantee of the linked content.
The member who violates the provisions of this Agreement is personally responsible for legal and criminal consequences and the Seller reserves the right to claim damages for non compliance with the membership agreement.
10. Right of Withdrawal
If this distance contract relates to the sale of goods, the Buyer may exercise the right of withdrawal within fourteen days from delivery, without legal or penal liability and without giving any reason, by notifying the Seller. For services, the period begins on the date of signing. If performance of the service begins with the consumer’s approval before the withdrawal period ends, the right of withdrawal cannot be exercised. Costs arising from the exercise of the right of withdrawal belong to the Seller. By accepting this Agreement, the Buyer acknowledges having been informed about the right of withdrawal.
To exercise the right of withdrawal, written notification must be sent to the Seller by registered mail, fax, or email within fourteen days, and the product must not fall under the provisions on products for which the right of withdrawal cannot be exercised.
When the right is exercised, the invoice of the product delivered to a third party or the Buyer must be returned. If the invoice was issued to a company, a return invoice must be issued by the company. The return form must be included. The products must be returned complete and undamaged with their box, packaging, and standard accessories. The Seller will refund the total amount and return any documents that place the Buyer under obligation within ten days of receiving the withdrawal notice, and will accept the goods back within twenty days. If the value decreases due to the Buyer’s fault or return becomes impossible, the Buyer shall compensate the Seller’s damages in proportion to fault. The Buyer is not responsible for changes arising from proper use within the withdrawal period. If the withdrawal causes the total to fall below the campaign limit set by the Seller, the discount is canceled.
11. Products for Which the Right of Withdrawal Cannot Be Exercised
Products prepared in line with the Buyer’s requests or clearly personal needs; products not suitable for return; underwear bottoms and swimwear bottoms; cosmetic products; disposable products; goods liable to deteriorate quickly or that may expire; products whose packaging is opened after delivery and that are not suitable for return due to health and hygiene reasons; products which, after delivery, are mixed with other products and cannot be separated by nature; periodicals such as newspapers and magazines except those provided under a subscription; services performed instantly in electronic media or intangible goods delivered instantly; and sound or video recordings, books, digital content, software programs, data storage and data recording devices, and computer consumables are not eligible for return if their packaging has been opened by the Buyer. The right of withdrawal cannot be exercised for services started with the consumer’s approval before the withdrawal period expires.
Cosmetics and personal care products, underwear items, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies such as toner, cartridges, and ribbons can only be returned if their packaging is unopened, untested, undamaged, and unused.
12. Default and Legal Consequences
If the Buyer defaults on credit card payment, the Buyer agrees to pay interest under the credit card agreement and is liable to the bank. The bank may initiate legal proceedings and charge expenses and attorney fees. The Buyer also accepts responsibility to compensate the Seller for damages caused by delayed performance.
13. Competent Jurisdiction
Disputes arising from this Agreement shall be submitted to the consumer arbitration committee or consumer court at the Buyer’s place of residence or where the consumer transaction is carried out, within the monetary limits specified in the law. Below 2,000 TL disputes are handled by district committees. Below 3,000 TL disputes are handled by provincial committees. In metropolitan provinces, disputes between 2,000 TL and 3,000 TL are handled by provincial committees. This Agreement is concluded for commercial purposes.
14. Effectiveness
When the Buyer completes payment for the order placed via the Site, the Buyer is deemed to have accepted all the terms of this Agreement. The Seller shall obtain confirmation on the Site that the Buyer has read and accepted this Agreement before the order is finalized.
Seller: BOVASOFT
Buyer:
Date: