DISTANCE SALES CONTRACT
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions specified below.
A. ‘LF DIJİTAL LİMİTED ŞİRKETİ’; (hereinafter referred to as “Woody Port” in the agreement)
B. ‘SELLER’; (hereinafter referred to as “Woody Port” in the agreement)
NAME-SURNAME:
ADDRESS: Woody Port, by accepting this agreement, accepts in advance that it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, if it approves the order subject to the agreement, and that it has been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of those who offer goods,
ARCHITECT: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: SELLER’s website,
ORDERER: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: SELLER and ARCHITECT,
CONTRACT: This contract concluded with the SELLER and ARCHITECT,
PROPERTY: It refers to movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the features and sales price of which are specified below, which THE ARCHITECT ordered electronically through the SELLER’s website.
The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
- SELLER INFORMATION
TitleAddressPhoneFaxEmailWoody Port INFORMATION
Delivery PersonDelivery AddressPhoneFaxEmail/usernameORDERING PERSON INFORMATION
Name/Surname/TitleAddress
Phone
Fax
Email/username
PRODUCT/PRODUCTS INFORMATION SUBJECT TO CONTRACT
The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Products/Service are published on the SELLER’s website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Unit Unit Price Subtotal
(VAT Included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipping cost, will be paid by Woody Port.
INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
E-mail/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
GENERAL PROVISIONS
9.1. Woody Port accepts, declares and undertakes that it has read and is informed about the basic features of the contracted product, sales price and payment method and preliminary information regarding delivery on the SELLER’s website and has provided the necessary confirmation electronically. Woody Port accepts, declares and undertakes that it has obtained the address, basic features of the ordered products, product price including taxes, payment and delivery information that should be given to Woody Port by the SELLER before the establishment of the distance sales contract, by confirming the Preliminary Information electronically and correctly and completely.
9.2. Each product subject to the contract shall be delivered to Woody Port or to the person and/or organization at the address indicated by Woody Port within the period specified in the preliminary information section on the website, depending on the distance from Woody Port’s residence; however, this period shall not exceed the legal 30 days. If the product cannot be delivered to Woody Port within this period, Woody Port reserves the right to terminate the contract.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and together with the warranty documents, user manuals and necessary information and documents for the work, to perform the work in accordance with the principles of honesty and integrity, free from all defects and in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing Woody Port and obtaining its express approval before the termination of the performance obligation arising from the contract.
9.5. SELLER accepts, declares and undertakes that in the event that the fulfillment of the ordered product or service becomes impossible and it cannot fulfill its obligations under the contract, it will notify the consumer in writing within 3 days from the date it learns of this situation and will return the total price to Woody Port within 14 days.
9.6. Woody Port accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contracted product and that if the contracted product price is not paid for any reason and/or is canceled in the bank records, SELLER’s obligation to deliver the contracted product will end.
9.7. Woody Port accepts, declares and undertakes that if the contractual product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of Woody Port’s credit card after the delivery of the contractual product to Woody Port or to the person and/or organization at the address indicated by Woody Port, Woody Port will return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
9.8. If the SELLER cannot deliver the contractual product within the specified time due to force majeure reasons such as force majeure reasons that develop beyond the will of the parties and prevent and/or delay the fulfillment of the parties’ debts, Woody Port accepts, declares and undertakes that it will notify Woody Port of the situation. Woody Port also has the right to request the SELLER to cancel the order, replace the contractual product with a similar one, if any, and/or postpone the delivery period until the preventing situation is eliminated. In case of cancellation of the order by Woody Port, the product price shall be paid to Woody in cash and in a lump sum within 14 days for cash payments made by Woody Port. The product price shall be returned to the relevant bank within 14 days of the order being cancelled by Woody Port for credit card payments made by Woody Port. Woody Port acknowledges that the average process for the amount refunded to the credit card by the SELLER to be reflected in Woody Port’s account by the bank may take 2 to 3 weeks, and since the reflection of this amount in Woody Port’s accounts after being refunded to the bank is entirely related to the bank transaction process, Woody Port cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach Woody Port for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by Woody Port in the site registration form or updated by itself later. By accepting this contract, Woody Port accepts and declares that the SELLER may engage in the communication activities specified above.
9.10. Woody Port will examine the goods/services subject to the contract before receiving them; it will not accept damaged and faulty goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received will be deemed to be undamaged and intact. Woody Port is responsible for protecting the goods/services carefully after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice should be returned.
9.11. Woody Port and the credit card holder used during the order are not the same person or if a security breach regarding the credit card used in the order is detected before the product is delivered to Woody Port, the SELLER may request from Woody Port the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order or a letter from the card holder’s bank stating that the credit card belongs to him/her. The order will be frozen until the information/documents requested by Woody Port are provided and if the above-mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. Woody Port declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the website is correct and that it will compensate the SELLER immediately, in cash and in one go for all damages that the SELLER may suffer due to the inaccuracy of this information upon the first notification of the SELLER.
9.13. Woody Port accepts and undertakes to comply with and not violate the provisions of the legal legislation while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise will completely and exclusively bind Woody Port.
9.14. Woody Port cannot use the SELLER’s website in a way that will disrupt public order, be against general morality, disturb and harass others, for an illegal purpose or violate the material and moral rights of others. In addition, the member cannot engage in activities that will prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or belong to and/or operated by other third parties may be provided through the SELLER’s website. These links are placed to facilitate navigation on Woody Port and do not support any website or the person operating that website and do not create any guarantee regarding the information contained on the linked website.
9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for this violation in criminal and legal terms and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to demand compensation from the member due to non-compliance with the membership agreement.
- RIGHT OF WITHDRAWAL
10.1. Woody Port; in the event that the distance contract is related to the sale of goods, Woody Port may exercise its right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to itself or to the person/institution at the address it indicates, without assuming any legal or criminal liability and without giving any reason, provided that it notifies the SELLER. In distance contracts related to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer’s approval before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, Woody Port accepts in advance that it has been informed about the right of withdrawal.10.2. In order to exercise the right of withdrawal, it is required to notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the “Products for which the Right of Withdrawal Cannot Be Used” provisions set forth in this contract. In case of exercise of this right,a) The invoice of the product delivered to a 3rd party or Woody Port, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their boxes, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put Woody Port under debt to Woody Port within a period of 10 days at the latest from the receipt of the notice of withdrawal and to receive the goods back within a period of 20 days.
e) If the value of the goods decreases due to a reason caused by Woody Port’s fault or if return becomes impossible, Woody Port is obliged to compensate the SELLER for the damages in proportion to the fault. However, Woody Port is not responsible for changes and deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at Woody Port’s request or clearly in line with personal needs and are not suitable for return, products that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if Woody Port opens their packaging after delivery to Woody Port, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if their packaging has been opened by Woody Port, as required by the Regulation. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer’s approval before the expiration of the right of withdrawal period, as required by the Regulation.In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, intact and unused.
- DEFAULT AND LEGAL CONSEQUENCES
Woody Port accepts, declares and undertakes that if it defaults in the case of payment transactions made by credit card, it will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; Woody Port may demand the expenses and attorney fees that will arise and in any case, if Woody Port defaults due to its debt, Woody Port accepts, declares and undertakes that it will pay the SELLER’s damages and losses due to the delayed performance of the debt.AUTHORIZED COURT
Complaints and objections in disputes arising from this agreement will be made to the consumer problems arbitration board or consumer court in the place where the consumer’s residence is located or where the consuer transaction was made within the monetary limits specified in the law below. The information regarding the monetary limit is as follows:As of 01/01/2017, in applications to be made to consumer arbitration committees for 2017, the following will be authorized:a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred ten) Turkish Lira in the centers of provinces that are not metropolitan,
ç) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in districts of provinces that are not metropolitan.This Agreement is made for commercial purposes.ENFORCEMENT
Woody Port is deemed to have accepted all the terms of this Agreement when it makes the payment for the order it placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this Agreement has been read and accepted by Woody Port on the Site before the order is placed.SELLER:Woody Port:DATE: