DISTANCE SALES CONTRACT

ARTICLE 1 - PARTIES

1.1- SELLER
  • Address: Rota Ofis Atakent mah. 221 Street A Block 3/A Floor:10 D:58 Halkalı, Küçükçekmece, İstanbul
  • Title: Odak Information Technologies Foreign Trade Ltd. Co.
  • Tax Number: Halkalı VD 6340418313
  • Phone: (212) 651 50 80
  • Fax: (212) 651 50 99
  • E-mail: ........................................

Hereinafter referred to as "SELLER" .

1.2 -BUYER
  • Name/Surname/Title: ............................................
  • Date of Birth: .........................
  • Country : ..................................
  • Country of Entry:............................
  • Address: ....................................
  • Telephone : ....................................
  • E-mail: ............................................
  • Username: ...................................................
  • Person to be delivered: ......................................
  • Delivery Address: ...................................

Hereinafter referred to as "BUYER" .

1.3 – ORDERING PERSON
  • Name/Surname/Title:
  • Address:
  • Telephone:
  • E-mail:
  • User name:

Hereinafter referred to as "ORDERER" .

BUYER, SELLER and CUSTOMER will hereinafter be referred to as the "Parties".

This Distance Selling Agreement will hereinafter be referred to as the "Agreement".

ARTICLE 2 - SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the website www.takeashot.com.tr belonging to the SELLER.

ARTICLE 3 - PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

The basic characteristics, quantity and sales price of the Product/Products are as stated below and this information has been approved by the BUYER.

  • Payment Method :........................................
  • Total Order Amount: …………………….
  • Delivery Address : ...................................................
  • Person to Receive: ................................
  • Billing Address: ......................................

ARTICLE 4 - GENERAL PROVISIONS

  • 4.1- BUYER accepts and declares that he/she has read and is fully informed about the basic characteristics, sales price, validity period of prices, payment method and preliminary information regarding delivery and other information of the product(s) subject to the Agreement offered for sale on the website www.takeashot.com.tr belonging to SELLER and listed above on the website https:// www.takeashot.com.tr and has given the necessary confirmation regarding the purchase in electronic environment.
  • 4.2- The product(s) subject to the contract shall be delivered to the BUYER or the person/organization at the address provided by the BUYER within the 30 (thirty) day period determined by law and regulations, not exceeding the legal 30-day period following the submission of the order to the SELLER, depending on the distance of the BUYER's place of residence. The shipping fee is not included in the price of the product(s), and shall be paid separately by the BUYER. In the event that the BUYER cancels the product(s) purchased within the scope of Article 9, the amount paid shall be paid to the BUYER in cash and in a single transaction within 14 (fourteen) days.
  • 4.3- If the product(s) subject to the contract are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product(s) will be delivered does not accept the delivery of the product.
  • 4.4- SELLER is responsible for the delivery of the product subject to the Agreement in accordance with the specified qualifications. All responsibility belongs to SELLER until the moment of delivery of the product in question.
  • 4.5- In order for the product subject to the contract to be delivered, it is a condition that this distance sales contract has been confirmed electronically and the price of the product(s) has been paid using the payment method preferred by the BUYER. If the price of the product is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
  • 4.6- If the payment for the product(s) subject to the contract is made by the BUYER via credit card, all legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card owner or the person to whom the product will be presented, belong to the BUYER. The BUYER accepts and undertakes that it will not make any claims from the SELLER in the event of any damages in the aforementioned cases.
  • 4.7- In case the payment for the product(s) subject to the Agreement is made by “depositing to an account” from any ATM or branch of a Bank, the BUYER accepts and undertakes to send the IBAN number of a bank account belonging to him/her to the SELLER’s .................................. e-mail address accurately and completely, in order to be used in cases where the product price needs to be returned to the BUYER within the framework of the conditions specified in this Agreement, and to consent to the SELLER returning the IBAN number.
  • 4.8- If the SELLER does not provide the product(s) subject to the Agreement within the specified time due to force majeure or extraordinary circumstances and/or technical reasons etc. preventing the delivery of the product, the SELLER is obliged to notify the BUYER of the situation within 3 (three) days. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product(s) subject to the Agreement with a similar one, if any, and/or postponement of the delivery of the product until the situation preventing the delivery of the product is eliminated. In the event that the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single transaction within 14 (fourteen) days.
  • 4.9- BUYER may forward his/her requests and complaints to the above SELLER address, telephone, fax and e-mail addresses.
  • 4.10- All or part of the product/products purchased by the BUYER and/or any information, software or product obtained from the product cannot be changed, copied, distributed, reproduced, published, used as a derivative work, transferred or sold. The BUYER hereby accepts and undertakes that it will not use the product it purchased for illegal purposes and/or in such prohibited ways. Otherwise, all legal and criminal liabilities that may arise belong to the BUYER, and the SELLER reserves the right to demand any and all compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the SELLER by third parties or authorized bodies.
  • 4.11- The Parties accept, declare and undertake that the correspondence addresses mentioned at the beginning of this Agreement are valid notification addresses and that all notifications sent to this address will be considered valid.
  • 4.12- SELLER does not impose any additional cost on BUYER regarding the fee schedule due to the use of the www.takeashot.com.tr domain website used to deliver the product.
  • 4.13- Persons under the age of 18 and adults who lack the power of discernment or are limited in their ability to discern cannot benefit from the products offered by the SELLER without the approval of their legal representatives.
  • 4.14- Cancellation and Refund Conditions are carried out as stated in Article 9.
  • 4.15- The BUYER may request the return of the product that is the subject of the Contract, provided that the performance has not started, and in this case, the refund of the product price will be paid to him/her as ........................................................

ARTICLE 5 - RIGHT OF WITHDRAWAL

BUYER has the right to withdraw from the Contract without giving any reason and without paying any penalty within 14 days from the date of delivery of the product(s) subject to the distance contract to him/her or to the person/institution at the address he/she indicated or from the date of signing the Contract, except for the exceptions specified in Article 6 of this Contract. In order to exercise the right of withdrawal, BUYER must notify SELLER in writing through the contact information detailed below, provided that the product(s) have been used in accordance with their features within this period. Following the receipt of this notification by SELLER, SELLER will share the confirmation information regarding the receipt of the notification with BUYER and within 14 (fourteen) days following the date of receipt of the notification, SELLER will return the price of the product(s) subject to the right of withdrawal to BUYER in accordance with the payment method. In the event that SELLER fails to fulfill the obligations specified above, BUYER is not bound by the 14 (fourteen) day period to exercise the right of withdrawal. In any case, this period ends one year after the end of the withdrawal period. In case this right is used, the product/products delivered to the person/organization at the address indicated or to the BUYER must be returned to the SELLER by the BUYER through a contracted cargo company without paying the cargo fee, in accordance with the tax legislation, by presenting the original invoice. The refund will be made in a manner “appropriate to the payment method used by the consumer during purchase” without imposing any additional cost on the BUYER. If packaged product/products are to be returned, their packaging must not be opened, their packaging must be untested, undamaged and unused. The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any. The Return Conditions specified in Article 9.6 must be fully complied with.

Communication Means for Notification of the Right of Withdrawal

  • Odak Information Technologies Foreign Trade Ltd. Co.
  • Address: Rota Ofis Atakent mah. 221 Street A Block 3/A Floor:10 D:58 Halkalı, Küçükçekmece, İstanbul
  • Phone: (212) 651 50 80
  • Fax: (212) 651 50 99
  • E-mail: ........................................

ARTICLE 6 - SERVICES/PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

  • a) Contracts for goods or products whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
  • b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
  • c) Contracts for the delivery of goods that are perishable or subject to expiration.
  • ç) 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.
  • d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
  • e) Provided that protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods; it is not possible to return digital content goods such as CDs, DVDs, computer consumables such as toner, cartridges, books, digital content, software programs, data recording and data storage devices, computer consumables if their packaging has been opened by the BUYER, as per the Regulation.
  • f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
  • g) Contracts regarding accommodation, goods transportation, 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.
  • g) Contracts regarding products that are instantly performed electronically or intangible goods that are instantly delivered to the consumer.
  • h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.

ARTICLE 7 - COMPETENT COURT

In disputes arising from the implementation of this Agreement, Turkish Law shall apply and Istanbul (Anatolian) Courts and Enforcement Offices shall have jurisdiction.

This Agreement has been read, accepted and confirmed by the parties electronically. The provisions of the Consumer Protection Law No. 6502 and the relevant legislation shall apply to matters not regulated in this Agreement.

ARTICLE 8 - EVIDENCE AGREEMENT

BUYER accepts, declares and undertakes that in disputes that may arise from the Agreement, SELLER's books and commercial records, and all kinds of electronic information and computer records kept in its own database and servers shall constitute binding, definitive and exclusive evidence for the Parties and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 9 - CANCELLATION AND REFUND CONDITIONS

  • 9.1. In the event that the sale of the purchased product becomes impossible, the seller must notify the buyer in writing within 3 days of learning of this situation. The total price must be returned to the Buyer within 14 days.
  • 9.2. If the Buyer does not pay the price of the product purchased or cancels it in the bank records, the Seller's obligation to deliver the product ends.
  • 9.3. If, after the product is delivered, it is determined that the credit card used by the Buyer for payment has been used unfairly by unauthorized persons and the price of the sold product is not paid to the SELLER by the relevant bank or financial institution, the Buyer must return the contracted product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
  • 9.4. If force majeure reasons that cannot be foreseen by the Seller occur and the product cannot be delivered on time, the situation will be notified to the Buyer. The Buyer may request the cancellation of the order, replacement of the product with a similar one or postponement of delivery until the obstacle is eliminated. If the Buyer cancels the order; if the payment was made in cash, this fee will be paid to the Buyer in cash within 14 days from the cancellation. If the Buyer made the payment by credit card and cancels, the product fee will be returned to the bank within 14 days from the cancellation, but the bank is likely to transfer the amount to the Buyer's account within 2-3 weeks.
  • 9.5. The Buyer shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The BUYER shall protect the goods/services carefully after delivery. If the right of withdrawal is to be exercised, the goods/services shall not be used. The invoice shall also be returned together with the product.
  • 9.6. Return Conditions:
  • (a) The SELLER is obliged to return the total price and the documents that burden the BUYER with debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
  • (b) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
  • (c) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
  • 9.7. The BUYER accepts, declares and undertakes that in case of default in case of payment transactions made by credit card, the BUYER will pay interest within the framework of the credit card agreement between the bank and the cardholder and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees from the BUYER and in any case, in case the BUYER defaults due to his debt, the BUYER accepts that he will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
  • 9.8. You can make the payment to any of our ............, ........., bank accounts (TL) by making a Bank Transfer or EFT (Electronic Fund Transfer).

You can benefit from online single payment or online installment opportunities with your credit cards through our website. In your online payments, the amount will be deducted from your credit card at the end of your order.

If any provision of this Agreement is declared invalid by a court decision, the provisions other than the cancelled provision will not harm the integrity of the Agreement and the Agreement will remain valid.

SALES PERSON

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BUYER

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History