Distance Sales Agreement

DISTANCE SALES AGREEMENT ARTICLE 1 – PARTIES SELLER Commercial Title Rauf Ticaret Individual ŞİRKETİ Address: BUYUKSEHIR MAH ATATÜRK BULVARI NO 38 IC DOOR 11 BEYLIKDÜZÜ/İSTANBUL Telephone: +90 5335022987 Seller Mersis No: Seller E-Mail Store Huf. Cargo Company to Send the Goods to the Seller: The natural or legal persons who are members of Sürat Cargo CONSUMER huseyin@raufstore.com and accept or are deemed to have accepted this contract. ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; The sale and delivery of the Goods/Services with the qualifications specified in the Contract, which the Buyer has ordered electronically for the purchase of the Goods/Services belonging to the Seller, from the website of the domain name of Raufticaret.com. As a result, the rights and obligations of the parties are determined in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts. The conclusion of this Agreement will not prevent the performance of the provisions of the website membership agreements concluded by the parties separately. They accept and declare that Rauf Ticaret ŞİRKETİ is not a party in any way in the sale of the Goods/Services subject to this Agreement and that it has no responsibility or commitment regarding the fulfillment of the obligations of the parties under the Agreement. ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED) Cargo – YURTICI – Cash on Delivery Announced prices and promises are valid until they are updated or changed. Prices announced for a period of time are valid until the end of the specified period. Rauf Ticaret ŞİRKETİ reserves the right to make changes in the prices stated. ARTICLE 4 – DELIVERY AND DELIVERY METHOD The contract has entered into force with the approval of the Buyer in electronic environment and is executed upon delivery/fulfillment of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement or to the address in the electronic environment (E-Mail) and to the specified authorized person(s). ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE Delivery costs of the goods belong to the Buyer. Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 7 (Seven) days from the order of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If for any reason the Goods/Services fee is not paid by the Buyer or the payment is canceled in the bank records, the Seller shall be deemed to be relieved of its obligation to deliver the Goods/Services. The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them. ARTICLE 6 – DECLARATIONS AND COMMITMENTS OF THE BUYER The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the Goods/Services, which are the subject of the Contract, on the website and gives the necessary confirmation in electronic environment. . Buyers, as Consumers, can submit their requests and complaints to the Seller contact information above and/or through the channels provided by the Web site. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Without the Buyer's inspection before receiving the Contracted Goods/Services; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. After the delivery of the Goods/Services, if the relevant bank or financial institution fails to pay the Goods/Service price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, the Buyer has delivered it to him. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery costs belong to the Buyer. ARTICLE 7 – DECLARATIONS AND COMMITMENTS OF THE SELLER The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery. ARTICLE 8 – RIGHT OF WITHDRAWAL The Buyer may return the purchased Goods/Services within 14 (fourteen) days from the delivery date by using the right of withdrawal, without undertaking any legal or criminal liability and without giving any reason. However, the Goods or Services offered and sold by the Rauf Ticaret Şirketi Company (according to Clause 1 (ğ) of Article 15 of the Regulation on Distance Contracts published in the Official Gazette on 26 AUGUST 2019) Agreements regarding the “Consumer will not be able to use the right of withdrawal in the sale of such goods or services sold by Rauf Ticaret ŞİRKETİ on the grounds that there is an exception to the Right of Withdrawal. Notification of the right of withdrawal and other notifications regarding the Contract will be sent through the communication channels of the Seller and/or specified on the website. THE RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST Rauf Ticaret COMPANY OR A REFUND CANNOT BE DEMANDED AGAINST Rauf Ticaret COMPANY IN CASE IT IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT (STATED IN ARTICLE 2). In order to exercise the right of withdrawal, it is obligatory to notify the Seller within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer returns the Goods to the Seller within 10 (ten) days from the use of the right of withdrawal. b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer. As long as the Buyer sends the Goods to be returned to the Seller with the courier company specified by the Seller specified in the preliminary information form, the return shipping cost belongs to the Seller. In case the Buyer sends the Goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process. ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED The right of withdrawal cannot be used in the following cases: c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Provided that the protective elements such as packaging, tape, seal, package are opened by the consumer, books, sounds or contracts for image recordings, software programs and computer consumables f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription contract g) Accommodation, transportation of goods, car rental, food and beverage supply and Contracts for the use of leisure time for entertainment or recreation h) Contracts for the performance of services related to betting and lottery ı) Contracts for services started with the approval of the consumer before the expiry of the right of withdrawal i) Instant performance in electronic environment In the contracts regarding the services rendered or intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (with regular deliveries of the seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence) In the case of goods/services (services in areas such as travel, accommodation, restaurant, entertainment industry), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller. The cancellation and return conditions of such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules. ARTICLE 10 – SOLUTION OF DISPUTES In the implementation of this Distance Sales Agreement, District Consumer Arbitration Committees, in disputes less than 4 thousand 570 Turkish Liras, up to the value declared by the Ministry of Customs and Trade (effective as of January 1, 2018), Provincial Consumer Arbitration Committees for disputes between 4 thousand 570 Turkish Liras and 6 thousand 860 Turkish Liras in provinces, Provincial Consumer Arbitration Committees for disputes under 6 thousand 860 Turkish Liras in the centers of provinces that do not have metropolitan municipality status, 4 thousand 570 Turkish Liras in districts of provinces that do not have metropolitan municipality status. Provincial Consumer Arbitration Committees will be responsible for disputes between Turkish Lira and 6 thousand 860 Turkish Liras, and Consumer Courts for disputes over 6 thousand 860 Turkish Liras. 68 of the Law on the Protection of Consumers No. 6502. District/provincial consumer arbitration committees are responsible for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article. ARTICLE 11 – PRICE OF THE GOODS/SERVICES The cash or deferred sales price of the goods is included in the order form, but it is the price included in the invoice sent to the customer together with the information mail sent at the end of the order and the product. Discounts, coupons, shipping charges and other applications made by the seller or Rauf Ticaret COMPANY are reflected in the sales price. ARTICLE 12 – DEFINITION AND LEGAL CONSEQUENCES In the event that the Buyer defaults on transactions made with a credit card, the cardholder shall pay interest within the framework of the credit card agreement signed by the bank with him and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, in the event that the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt. ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT All kinds of correspondence between the Parties pursuant to this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Rauf Ticaret ŞİRKETİ, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, final and exclusive evidence, and that this article will be in accordance with 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of article . ARTICLE 14 – EFFECTIVENESS This Agreement, which consists of 14 (fourteen) articles, has been read by the Parties and approved by the Buyer electronically, and has entered into force.