DISTANCE SELLING CONTRACT
This Agreement has been signed between the following parties within the framework of the following terms and conditions
- ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
- ‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract) Newzone Spor Dış Tic A.Ş. Mahmutbey Mah. 2406 sk. No: 36 Bağcılar Istanbul: By accepting this contract, the PURCHASER agrees in advance that he / she will be under the obligation to pay the additional price, such as the price of the order and the shipping fee, if any, and tax, and that he/she has been informed about this.
In the implementation and interpretation of this contract, the terms written below will express the written explanations against them.
MINISTER : Customs and Trade Minister,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (RG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction other than providing goods committed or committed for a fee or benefit,
SELLER: the Company offering goods within the scope of her commercial or professional activities or acting in the name and on behalf of the goods provider.
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The internet site belonging to the Seller
ORDERING PARTY: Real or legal person requesting a good or service on the website of the SELLER.
PARTIES: Seller or Buyer
CONTRACT: This Contract concluded between the Seller and the Buyer.
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
This Agreement regulates the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product, the qualifications of which are stated below, and the sale price of the product that the BUYER has ordered electronically via the SELLER’s website. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
4. SELLER DETAILS
Company Title: Newzone Spor Dış Tic A.ş.
Address: Mahmutbey Mah. 2406 sk. No:36 Bağcılar İstanbul
Tel: 0212 446 94 94
Fax: 0212 445 27 02
5. BUYER DETAILS
To be delivered to:
6. DETAILS OF THE ORDERING PARTY
7. CONTRACT SUBJECT , PRODUCT / PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand / model, color, number) of the Good / Product / Products / Service are published on the website of the SELLER. If any campaign is organized by the seller, you can examine the basic features of the product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a 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.
Sub Total (VAT Included)
Payment Method and Plan
To be delivered to
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
8. INVOICE DETAILS
Invoice delivery: Invoice will be delivered with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information regarding the basic qualities of the product subject to the contract, the sales price and the form of payment, and the delivery on the website of the SELLER, and that he has given the necessary confirmation in the electronic environment. The BUYER accepts, declares and undertakes that, prior to the conclusion of the distance sales contract, it confirms the preliminary information electronically, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price including the taxes, the payment and delivery information correctly and completely.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or to the BUYER within the period specified in the preliminary information section on the website depending on the distance of the BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER’s right to terminate the contract is reserved.
9.3. The SELLER accepts, declares and undertakes that it will deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and if available, with the information and documents required by the work, with the information and documents required by the business, in accordance with the legal regulations and in line with the principles of integrity and honesty and that it will maintain and raise the quality of service, show the necessary attention and care during the performance of the work and it will act with caution and foresight.
9.4. The SELLER can supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that, in the case when the SELLER cannot fulfill its contractual obligations and /or when the fulfillment of the order product or service becomes impossible, he / she will notify the consumer in writing within 3 days of the date of his learning about this and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Contract electronically for the delivery of the product subject to the Contract, and if, for any reason, the product price of the contract is not paid and / or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will expire.
9.7. The BUYER accepts, declares and undertakes that, in the case when the price of the contract product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by the unauthorized persons after the delivery of the contractual product to the person and / or institution at the address indicated by the BUYER, the BUYER will return the contract product to the SELLER within 3 days at the expense of the SELLER.
9.8. The SELLER accepts, declares and undertakes that he / she will not notify the BUYER if he / she cannot deliver the product subject to the contract within the due time due to force majeure conditions such as the conditions developing outside the control of the parties, not foreseen and preventing the parties from fulfilling their debts. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with the equivalent, if any, and / or postpone the delivery period until the obstacle disappears. In the case when the order is canceled by the BUYER, the amount of the product is paid to him in cash and in advance within 14 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks., since this amount is completely related to the bank transaction process since the reflection of this amount to the BUYER’s accounts after the return to the bank is completely related to the bank transaction process, BUYER cannot hold SELLER responsible for possible delays
9.9. The SELLER reserves the right, to reach the BUYER for communication, marketing, notification and other purposes via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form or updated by him later on.
By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities regarding the BUYER.
9.10. BUYER will inspect the goods / service subject to the contract before receiving to see whether there are damaged, broken, torn packaging etc.; will not receive damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. The liability of careful protection of the goods / services after the delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9.11. In case the BUYER and the holder of the credit card used during the order are not the same person or before the product is delivered to the BUYER, if the security deficit related to the credit card used in the order is detected, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the credit card used in the order from the previous month or the cardholder may request from the bank to present the letter indicating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER when signing up to the website of the SELLER is correct, and that the SELLER will immediately compensate for any damages due to the fact that this information is contrary to the truth, upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes, in advance, to comply with the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that will arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER’s website in any way to disrupt public order, to violate public morality, to disturb and harass others, to violate the material and moral rights of others. In addition, the member cannot take any action to prevent or force others to use the services (spam, virus, Trojan horse, etc.).
9.15. Links to other websites and / or other content owned and / or operated by other third parties may be provided via the SELLER’s website. These links have been put in order to provide ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute a guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Besides, the SELLER reserves the right to request compensation in case because of this violation and since the membership agreement against the member is not complied with the event is brought to the legal field.
10. RIGHT TO WITHDRAWAL
10.1. In the case when the distance contract is related to the sale of the goods, it may exercise its right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any reason within 14 (fourteen) days from the date of delivery of the product to itself or the person / organization at the address indicated. For the distance contracts regarding service delivery, this period starts from the date of signing the contract. Before the period of right of withdrawal expires, the right of withdrawal cannot be used in the service contracts whose service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he has been informed about the right to withdraw.
10.2. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used in accordance with the provisions of the “Products that cannot be used with right of withdrawal”. If this right is exercised, following should be returned with it:
- Invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is institutional, it must be sent together with the return invoice issued by the institution when returning. Order refunds issued on behalf of the institutions will not be completed unless the REFUND INVOICE is issued.)
- Return form.
- The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
- The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notification and to return the goods within 20 days.
- If there is a decrease in the value of the goods due to a reason caused by the BUYER’s defect or if the return becomes impossible, the BUYER will be liable to compensate the losses of the SELLER at the rate of fault. However, the PURCHASER will not be responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of withdrawal.
- If the campaign limit amount regulated by the SELLER falls below the limit due to the exercise of the right of withdrawal, the amount of discount used within the scope of the campaign is canceled.
11. PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL
Following goods are not within the scope of right of withdrawal in line with the relevant regulations: Goods prepared in accordance with the request of the BUYER or explicitly personal needs and not available for return such as underwear undergarments, swimwear and bikini bottoms, make-up products, disposable products, goods that are at risk of deterioration or may expire, products that are not suitable for health and hygiene, if the packaging is opened by the PURCHASER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under the Subscription Agreement, The return of the services or intangible goods delivered to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if the packaging is opened by the PURCHASER after delivery.
In addition, it is not possible to use the right of withdrawal regarding the services that are started with the approval of the consumer before the expiration of the right to withdrawal. Cosmetics and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact, and unused to be returned.
12. DEFAULT CONDITION AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement concluded between the BUYER and the bank, if the payment is made in default when he / she makes the payment by credit card. In this case, the bank may apply to legal means; may request the costs to be incurred and the attorney fees from the BUYER and, in any case, if the BUYER’s default is due to the debt of the BUYER, the BUYER accepts, declares and undertakes that he will pay the damages and losses incurred by the SELLER.
13. AUTHORIZED COURT
Disputes, complaints and appeals arising out of this contract will be taken to the arbitral tribunal or to the consumer court where the consumer is located or where the consumer transaction is made within the monetary limits specified below according to the relevant law.
Information regarding the monetary limit is as follows: Effective from 01/01/2017, the value of applications for consumer arbitration committees for 2017 is:
- District consumer arbitration committees for the disputes under 2.400 (two thousand four hundred) Turkish Lira,
- Provincial consumer arbitration committees in 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,
- Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Lira in the centers of provinces that do not have metropolitan status,
Provincial consumer arbitration committees have been assigned to disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira in districts that are not in metropolitan status.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements, prior to the realization of the order, to obtain confirmation that this contract has been read and accepted by the BUYER on the site.
Company Title: Newzone Spor Dış Tic A.ş.
Address: Mahmutbey Mah. 2406 sk. No:36 Bağcılar İstanbul
Tel: 0212 446 94 94
Fax: 0212 445 27 02