Distance Sales Agreement
This is DISTANCE SALES CONTRACT (hereinafter referred to as the "Contract") has been concluded between the parties.
PARTIES:
(1) SELLER:
Operating at Feneryolu Bagdat Cad. No:114 Kadıköy-İstanbul, Borr Halıcılık is registered with the Anatolian Corporate Tax Office and has the tax identification number ……………….
Construction Industry and Trade Limited Company.
Telephone: -
Fax: -
Electronic Notification Address: info@borr.com.tr
(Hereinafter referred to as SELLER.)
(2) BUYER:
It operates at the address ………………………………….Kadıköy-Istanbul and is ……………………………………………….
Telephone: -
Fax: -
Electronic Notification Address: 25858-12488-02829
(Hereinafter referred to as BUYER or CONSUMER.) and
(3) INTERMEDIARY SERVICE PROVIDER INFORMATION:
………………………………………………………… ...
Telephone: -
Fax: -
Electronic Notification Address: 25989-43798-00242
(Hereinafter referred to as Intermediary Service.)
(Hereinafter referred to as Seller, Buyer or Consumer and Intermediary Service Provider separately) “Party” and together they may be referred to as the “Parties”).
1. SUBJECT OF THE CONTRACT
1.1 This distance selling contract ("Contract") has been drawn up within the framework of the Consumer Protection Law No. 6502 and the relevant sub-legislation provisions, for the purpose of offering for sale by the SELLER, delivery and determining the rights and obligations of the parties of the product ordered electronically by the CONSUMER via the www.borr.com.tr website, the features and sales price of which are stated below.
1.2 The CONSUMER accepts, declares and undertakes that he/she has been informed in a clear, understandable and electronically accessible manner about the SELLER's title, full address, contact information, basic characteristics of the product for sale, total sales price including taxes, payment and delivery conditions, right of withdrawal and the use of this right, and relevant legal procedures; that he/she has confirmed the said preliminary information electronically and has placed the order accordingly.
2. PRODUCT(S) FOR SALE, PAYMENT INFORMATION AND DELIVERY
2.1 Information regarding the product's features (type and kind, quantity, color) and Sales Price (number x unit price) including VAT are as stated in the following sub-items, and this information has also been approved by the BUYER.
2.1.1 The product sold under this agreement is …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Piece
Unit Sales Price
Forward Sales Price
….
…..
…..
The BUYER may use the installment options specified on the order summary page. However, installment payments are at the discretion of the relevant banks and are not the responsibility of the SELLER.
Instalment sales can only be made with credit cards belonging to banks. The consumer accepts, declares and undertakes that he/she will separately confirm with the relevant bank the interest rates and default interest that will be applied in case of credit card use, and that the provisions regarding interest and default interest will be applied within the framework of the credit card agreement concluded between the consumer and the bank in accordance with the current legislation.
If the consumer exercises his/her right of withdrawal, the product in question cannot be supplied, or the consumer arbitration committee decides on a refund, the following refund procedures will be applied:
In payments by credit card: In installment transactions, the bank will make the repayment in the same number of installments as the number of installments in which the consumer purchased the product.
For Money Order/EFT Transactions: The consumer's bank account information will be obtained and refunds will be made via money order or EFT to the name on the invoice or the account number specified by the membership holder.
For Payments with Shopping Credit: In case of returns of purchases made with credit, the process will be carried out within the framework of the procedures determined by the bank, and the return process will be carried out within the framework of the credit agreement between the bank and the consumer.
For Cash on Delivery Payments: The consumer's bank account information will be obtained and the refund will be made via money transfer or EFT to the name or account of the membership holder specified on the invoice.
During the delivery process, the ordered product will be delivered to the address specified by the consumer via a contracted courier company. The shipping fee is included in the total order amount, and the delivery costs are the responsibility of the consumer. If the consumer is not present at the specified address at the time of delivery, the seller will be deemed to have fulfilled its obligations fully and completely. Therefore, the seller will not be held responsible for any damages or additional costs arising from the consumer's late or non-delivery of the product. Furthermore, the seller is responsible for ensuring that the contracted product is delivered intact, complete, compliant with the specifications specified in the order, and accompanied by the warranty certificate and user manual, if applicable.
The "Fast and Easy Shopping" option, offered to expedite the consumer's shopping process , will send the consumer an SMS verification code upon order confirmation. If the consumer consents to the storage of their delivery address and payment information in the system, this information will be stored securely. The consumer can delete their stored information through their customer profile at any time, and all transactions related to the storage of such data will be carried out in accordance with applicable personal data protection legislation.
GENERAL PROVISIONS
CONSUMER accepts, declares and undertakes that he/she has examined in detail the basic characteristics, sales price, payment terms, delivery process, right of withdrawal and all relevant preliminary information regarding the product subject to this contract on the www.hepsiburada.com website, that he/she is fully informed about these matters and that he/she has given his/her approval electronically.
The product subject to this contract will be delivered to the CONSUMER within thirty (30) days from the date of this contract. The SELLER will be responsible for all legal and financial responsibilities regarding the storage of the product and the management of logistics processes until the product is delivered.
If the CONSUMER requests that the purchased product be delivered to a third party other than the CONSUMER, the SELLER will not be held liable if the delivery is not accepted by that party. In such a case, the CONSUMER is responsible for ensuring the product is received again and will be responsible for any additional costs that may arise from this process.
SELLER, the product subject to the contract;
It must be intact, undamaged and in usable condition, It must comply with the technical specifications, color, model and functional qualities specified in the order, It must be delivered with the warranty certificate, user manual and other legal documents, if any, The product must reach the consumer in accordance with the legal warranty scope determined by the manufacturer or importer,
It is obligatory to provide.
For the product to be delivered, the price of the product must be paid in full and in accordance with the payment method chosen by the CONSUMER. If, for any reason, the price of the product is not paid, or the relevant banking transaction is cancelled or reversed, the SELLER shall be completely relieved of any obligations related to product delivery.
If, after the product is delivered, the credit card is used by unauthorized persons against the CONSUMER's will, the relevant legal and administrative processes will be carried out by the banks. The SELLER will only fulfill its obligations within the framework of the relevant legislation.
Warranty coverage for products sold with a warranty certificate is subject to the warranty conditions determined by the manufacturer or importer. If the product sold is defective, malfunctions within the warranty period, or does not function as intended, the necessary repairs or replacements will be provided only by authorized service centers. If the CONSUMER wishes to return the product to the SELLER due to a defective product report or warranty repair request, the shipping costs incurred in this process will be covered by the SELLER.
Product returns will be made in accordance with the legal procedures determined within the relevant legislation.
If the CONSUMER wishes to take advantage of "Bring the Old - Take the New" or similar campaigns, they are obligated to fully and completely fulfill the relevant campaign terms. If the campaign terms are not met incompletely or incorrectly, the CONSUMER will not be able to benefit from the campaign benefits. The invoice for products purchased within the scope of the campaign will be issued following verification that the CONSUMER has fulfilled the campaign terms.
For products subject to sales by official authorities in accordance with relevant legislation, the Preliminary Information Form and Distance Selling Agreement are merely preliminary protocols, and the final sale will only be effective upon completion of the relevant official procedures. The total price of the products in question does not include any notary, taxes, duties, or other expenses that may arise during official procedures, and these additional obligations are the sole responsibility of the CONSUMER. The transfer of ownership and possession of the relevant products will occur upon completion of the official procedures. For products in this category, the right of withdrawal, delivery processes, and other consumer rights related to distance selling may be restricted or may not apply . The CONSUMER acknowledges, declares, and undertakes that they are aware of this, have purchased the product with this awareness, and will act in accordance with the relevant procedures.
The parties agree that any notification, warning and information to be made within the scope of this agreement may be made via e-mail, SMS or other digital communication tools.
Notifications made to the e-mail address or contact number provided by the CONSUMER to the SELLER shall be deemed official notification and are considered legally valid.
The CONSUMER is obligated to notify the SELLER in writing of any changes to their contact information. Otherwise, notifications made to the old contact information will be deemed valid.
Borrow at Home Option;
If the CONSUMER likes more than one carpet and has difficulty choosing between them, he/she can benefit from the home trial service by adding a maximum of 5 carpets to his/her basket and pressing the "Borr at home" button. The trial service fee is 5,000.00 TL and the carpets will be delivered to your home after the payment is made.
When a carpet is purchased from the site, this fee will be deducted from the carpet sales price. If no purchase is made from the site, an invoice for this service will be issued and delivered to the consumer.
RIGHT OF WITHDRAWAL
General Provisions
The CONSUMER has the right to exercise the right of withdrawal from this Distance Selling Contract signed with the SELLER, without giving any reason and without paying any penalty, within fourteen (14) days from the date of establishment of the contract. The CONSUMER is obliged to return the goods subject to the contract to the SELLER or the carrier designated by the SELLER within ten (10) days at the latest from the date of exercising the right of withdrawal. The period of the right of withdrawal;
In contracts regarding the performance of services, it begins on the date the contract is established; in contracts regarding the delivery of goods, it begins on the date the CONSUMER or the third party determined by the CONSUMER receives the goods.
However, the CONSUMER has the right to exercise the right of withdrawal from the conclusion of the contract until the delivery of the goods. In determining the period of the right of withdrawal;
For goods that are within the scope of a single order and delivered separately, the date on which the CONSUMER or the third party he/she designates receives the last good is taken into account. For goods consisting of more than one piece, the date on which the CONSUMER or the third party he/she designates receives the last piece is taken into account. In contracts that involve regular delivery of goods for a certain period, the date on which the CONSUMER or the third party he/she designates receives the first good is taken into account.
The CONSUMER may exercise their right of withdrawal within the specified period through the "Easy Return" option in their personal membership account on the Website or through other notification methods provided by the SELLER. The carrier designated for the right of withdrawal is the courier company to which the ordered product was delivered, and details regarding the return process are explained on the CONSUMER's personal membership page.
Cases in which the right of withdrawal cannot be exercised:
The CONSUMER cannot exercise his right of withdrawal in the contracts specified below:
Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or provider, Contracts for goods prepared in line with the special demands of the CONSUMER or customized to suit their personal needs, Contracts for goods that are perishable or at risk of expiration, Contracts for goods that are not suitable for return due to health and hygiene conditions, goods whose packaging has been opened, whose tape, seal or package has been damaged, Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature, Contracts for copyrighted products such as unpackaged books, digital content or computer consumables, Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement, Contracts for accommodation, goods transportation, vehicle rental, food and beverage supply, entertainment and recreation services that must be performed on a specific date or period, Contracts for services performed instantly in electronic media or intangible goods delivered instantly to the CONSUMER, Right of withdrawal with the express consent of the CONSUMER Contracts for services that begin to be performed before their expiration date.
Right of Withdrawal for Payments Made with Shopping Credit:
The CONSUMER hereby accepts, declares, and undertakes to exercise its right of withdrawal from the Instant/Distance Shopping Credit Agreement for payments made using shopping credit under this agreement, in accordance with the provisions of the credit agreement between the bank directly providing the credit. The CONSUMER's withdrawal from this Distance Selling Agreement signed with the SELLER will not automatically terminate the Instant/Distance Shopping Credit Agreement signed with the Bank. The CONSUMER must submit its withdrawal request regarding the credit agreement directly to the Bank providing the credit within the timeframe and in accordance with the procedure specified in the Instant/Distance Shopping Credit Agreement. If the CONSUMER fails to notify the Bank of withdrawal as required or is not submitted in a timely manner, the SELLER shall have no liability whatsoever regarding the credit relationship between the Bank and the CONSUMER. In this context, the CONSUMER accepts and undertakes that the SELLER is only a contract party for the sale of goods or services and that any dispute arising from the credit agreement between the CUSTOMER and the Bank is not the responsibility of the SELLER.
FORCE MAJEURE
The SELLER is obligated to deliver the order within 30 days at the latest. However, the SELLER cannot be held responsible for any delivery delays due to natural disasters, interruptions in the logistics chain, import/export restrictions, measures taken by official authorities, strikes, lockouts, war, acts of terrorism, or states of emergency. In the event of such extraordinary circumstances, the SELLER is obligated to notify the CONSUMER in writing of the delay. The CONSUMER may request an alternative delivery date or cancel the order and request a refund.
PRIVACY AND PROTECTION OF PERSONAL DATA
The CONSUMER acknowledges that the personal data collected from the CONSUMER by the SELLER under this agreement is processed in accordance with the Personal Data Protection Law No. 6698 ("KVKK") and relevant legislation. The SELLER will use the CONSUMER's personal data only for order processing, delivery, billing processes, and customer service activities. Personal data will not be shared with third parties without the CONSUMER's consent. However, it may be shared within the framework of legal obligations upon the request of legally authorized administrative and judicial authorities.
The CONSUMER acknowledges and declares that he/she has the right to obtain information about his/her personal data, to request its correction, to request its deletion if the purpose of processing no longer exists, and to object, within the scope of the Personal Data Protection Law. To exercise these rights, the CONSUMER may apply through the communication channels specified by the SELLER.
COMPETENT COURT
In case of any disputes that may arise from the implementation of this Distance Selling Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the CONSUMER purchased the goods or services or where the CONSUMER resides will have jurisdiction, within the monetary limits determined annually by the Ministry of Commerce of the Republic of Turkey.
For PARTIES that do not have the title of consumer, Istanbul Central Courts and Enforcement Offices are authorized to resolve disputes that may arise from this Agreement.
This Agreement has been read, accepted, and approved electronically by the parties. Consumer Protection Law No. 6502 and related legislation shall apply to matters not regulated in the Agreement and preliminary information form.
IN WITNESS THAT, the undersigned have signed this Agreement as of the following date
HISTORY:
Signed in his name and on his account.
……..
……
Signed in his name and on his account.
….
…….
Signed in his name and on his account.
….
…….