Distance Sales Agrement
DRAFT FURNITURE DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES TO THE AGREEMENT
This Distance Sales Agreement (hereinafter referred to as the "Agreement") has been concluded electronically between the following parties. By electronically confirming this Agreement, the BUYER is deemed to have accepted all terms and conditions of this Agreement.
1.1. SELLER INFORMATION | Title | [Turcana Domestic and Foreign Trade Marketing] Address | [Orhaniye Neighborhood, Gazi Magosa Street No. 11/B] | | 0090 544 413 76 26 Number [turcanagroup@gmail.com | | Mersis No | [Your Company's MERSIS Number] |
1.2. BUYER INFORMATION | Name/Surname/Title | [BUYER's Name/Surname/Title] | | :--- | :--- | | Address | [BUYER's Full Address] | | Phone | [BUYER's Phone Number] | | Email | [BUYER's Email Address] |
ARTICLE 2 – SUBJECT
The subject of this Agreement is the determination of 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 the product(s) whose specifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's [Website Address] website.
ARTICLE 3 – PRODUCT INFORMATION AND BASIC FEATURES SUBJECT TO THE CONTRACT
Product Name/Type/Type [Furniture Name, E.g., Three-Seater Sofa Set]
Brand/Model [Brand/Model Name]
Quantity [Number of Pieces]
Color/Fabric Code [Color and Fabric Selection]
Sales Price (VAT Included) [Total Sales Price] TL
Shipping/Delivery Fee [Shipping/Delivery Fee] TL
Total Payment Amount [Total Amount Including All Taxes] TL
Payment Method [Payment Method, E.g., Credit Card/Money Order/Cash on Delivery]
Delivery Time [Estimated Delivery Time of the Product, E.g., 30 business days]
Export to Spreadsheets
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER acknowledges, declares, and undertakes to have read and understood all preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the contracted product specified in Article 3, and to have given the necessary electronic approval.
4.2. The SELLER is responsible for delivering the contracted product intact, complete, and in compliance with the specifications specified in the order, along with any warranty documents and user manuals.
4.3. The contracted product will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the time period specified in the Preliminary Information text, depending on the distance from the BUYER's residence for each product, provided that it does not exceed the legal 30-day period.
4.4. Upon delivery of the product, the BUYER is obligated to inspect the product and, if any damage, breakage, or deficiency is detected, have it documented in a cargo/transportation report. Products received without a report being prepared for damaged products are considered undamaged and intact.
4.5. If furniture products require installation, the installation service [Service Details, e.g., SELLER's responsibility and will be performed on the same day/within the delivery date].
4.6. If the BUYER pays for the product by credit card, and if the bank or financial institution fails to pay the SELLER due to the unlawful use of the card, the product must be returned to the SELLER within 3 days.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw from the contract for standard furniture products within 14 (fourteen) days from the delivery date without giving any reason and without penalty.
5.2. Notification of the exercise of the right of withdrawal must be sent to the SELLER in writing (email/mail) within this period, and the product must be returned under the conditions specified in Article 6.
5.3. Cases in which the Right of Withdrawal Cannot Be Exercised (Critical for Custom-Made Furniture) The BUYER cannot exercise the right of withdrawal in the following cases:
a) Contracts for goods or services whose prices fluctuate depending on fluctuations in financial markets and are beyond the control of the SELLER.
b) Furniture that has been specially prepared, modified, or added to (such as special sizes, colors, or fabric selection) in accordance with the BUYER's requests or personal needs. Such products are exempt from the right of withdrawal pursuant to Article 15, paragraph (c) of the Distance Contracts Regulation.
c) Goods that are perishable or may expire.
d) Goods whose protective elements, such as packaging, tape, seals, or packaging, have been opened after delivery; their return is not suitable for health and hygiene reasons.
e) Goods that are mixed with other products after delivery and cannot be separated by their nature.
f) Digital content and computer consumables provided in physical form if protective elements, such as packaging, tape, seals, or packaging, have been opened after delivery.
ARTICLE 6 – EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN CONDITIONS
6.1. The furniture product to be returned under the right of withdrawal must be unused, uninstalled, and in resalable condition.
6.2. The invoice for the returned product (or the return invoice if it is a corporate invoice) and any additional documentation must be sent to the SELLER in full. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded.
6.3. The shipping/transportation costs of products returned due to the right of withdrawal will be covered by the SELLER. However, the BUYER must return the product through the SELLER's contracted shipping/transportation company.
6.4. If the right of withdrawal is exercised, the SELLER will refund the price of the product to the BUYER within 14 (fourteen) days from the date of receipt of the notice of withdrawal.
ARTICLE 7 – WARRANTY AND DEFECTIVE GOODS
7.1. The product sold is under warranty by the SELLER against manufacturing and assembly defects for a period of [Warranty Period, E.g., 2 (two)] years.
7.2. The BUYER may report defective goods within 6 (six) months from the date of delivery in accordance with legal regulations and exercise the optional rights specified in the Law.
ARTICLE 8 – COMPETENT COURT
In disputes arising from the implementation of this Agreement, the Court of Justice of the Republic of Turkey shall be the Court of Justice of the Republic of Turkey. Consumer Arbitration Committees have jurisdiction up to the value declared by the Ministry of Commerce. For disputes exceeding this value, the Consumer Courts in the BUYER's or SELLER's place of residence are authorized.
ARTICLE 9 – ENFORCEMENT
By completing their order through the website, the BUYER is deemed to have read, understood, and accepted all the terms of this Agreement. The Agreement enters into force upon the BUYER's electronic confirmation of the order.
SELLER: Turcana Domestic and Foreign Trade Marketing
BUYER: [BUYER's Name and Surname]
DATE: [Agreement Date]