Mesafeli Satış Sözleşmesi

 

  

  

This DISTANCE SALES CONTRACT (hereinafter referred to as the "Contract") has been concluded between the parties. 

PARTIES: 

(1) SELLER: 

Operating at Feneryolu Bağdat Street No:114 Kadıköy-Istanbul, registered with the Anadolu Tax Office, with Tax Identification Number 1800467133, Borr Halıcılık İnşaat San. ve Ticaret Limited Company. 

Phone: - (0216) 449 41 36 

Fax: - (0216) 449 09 56 

Electronic Notification Address: [email protected] 

(hereinafter referred to as the SELLER). 

 

(2) BUYER: 

Operating at {ADDRESS} {DISTRICT} - {PROVINCE}, ………………………………………. 

Phone: - {PHONE} 

Fax: - 

Electronic Notification Address: {EMAIL} 

(hereinafter referred to as the BUYER or CONSUMER). 

(Hereinafter, the Seller, Buyer or Consumer, and Intermediary Service Provider may be referred to individually as a “Party” and collectively as the “Parties”). 

 

1. SUBJECT OF THE CONTRACT 

1.1. This distance sales contract ("Contract") is prepared within the framework of Law No. 6502 on the Protection of Consumers and related secondary legislation, for the purpose of regulating the offer, sale, delivery of the product ordered electronically by the CONSUMER via the website www.borr.com.tr, whose characteristics and sales price are specified below, by the SELLER, and to determine the rights and obligations of the parties. 

1.2. The CONSUMER acknowledges, declares, and undertakes that they have been informed in a clear, understandable, and electronically accessible manner about the SELLER's trade name, full address, contact information, basic characteristics of the product subject to sale, total sales price including taxes, payment and delivery terms, the right of withdrawal and the use of this right, and the relevant legal procedures; that they have confirmed this prior information electronically; and accordingly have completed the order process. 

2. PRODUCTS SUBJECT TO SALE, PAYMENT INFORMATION, AND DELIVERY 

2.1. The product specifications (type and kind, quantity, color) and the Sales Price including VAT (unit price x quantity) are as stated in the sub-clauses below and have been confirmed by the BUYER. 

2.1.1. The product sold under this contract is: 

2.1.2. {PRODUCTS} 

2.2. The BUYER may benefit from the installment options specified on the order summary page. However, installment plans are at the discretion of the relevant banks and are not the responsibility of the SELLER. 

2.3. Deferred sales can only be made with credit cards issued by banks, and the consumer acknowledges, declares, and undertakes that they will separately confirm with the relevant bank the interest rates applicable to credit card usage and default interest; and that the provisions regarding interest and default interest will apply in accordance with the credit card agreement concluded between the consumer and the bank in force. 

2.4. In cases where the consumer exercises the right of withdrawal, the ordered product cannot be supplied, or the consumer arbitration committee decides on a refund, the following return procedures shall apply: 

• For Payments Made by Credit Card: In installment transactions, the bank will process the refund in the same number of installments as the consumer purchased the product. 
• For Bank Transfer/EFT Payments: Refunds will be made via transfer or EFT to the bank account number provided by the consumer, matching the name on the invoice or the account holder’s name on the membership. 
• For Payments Made by Shopping Credit: Refunds for purchases made on credit will be processed according to the procedures determined by the bank, and the refund process will be carried out under the credit agreement between the bank and the consumer. 
• For Cash on Delivery Payments: Refunds will be made via transfer or EFT to the bank account provided by the consumer, under the name specified on the invoice or the membership account holder. 

2.5. During the delivery process, the ordered product will be delivered to the address provided by the consumer through the contracted cargo company. The shipping fee related to the delivery is included in the total order amount, and delivery costs are borne by the consumer. If the consumer is not present at the specified address at the time of delivery, the seller shall be deemed to have fully and properly fulfilled their obligation; therefore, the seller shall not be held responsible for any damages or additional costs arising from the consumer’s late acceptance or failure to accept the product. However, the seller is responsible for delivering the product subject to this contract in sound, complete condition, in accordance with the characteristics specified in the order, and, if applicable, together with the warranty certificate and user manuals. 

2.6. As part of the “Fast and Easy Shopping” option offered to accelerate the consumer’s shopping process, after order confirmation, an SMS verification code will be sent to the consumer. If the consumer consents to the storage of delivery address and payment information in the system, this information will be securely maintained. The consumer may delete their stored information from their customer profile at any time, and all processing related to the storage of such data will be carried out in accordance with applicable personal data protection legislation. 

 

3. GENERAL PROVISIONS 

3.1. The CONSUMER acknowledges, declares, and undertakes that they have thoroughly reviewed the basic characteristics, sales price, payment terms, delivery process, right of withdrawal, and all related preliminary information regarding the product subject to this contract on the website www.hepsiburada.com; that they have full knowledge of these matters; and that they have given their approval electronically. 

3.2. The product subject to this contract shall be delivered to the CONSUMER no later than thirty (30) days from the date of execution of this contract. All legal and financial responsibilities related to the storage of the product and management of logistics processes until the moment of delivery shall belong to the SELLER. 

3.3. If the CONSUMER requests that the purchased product be delivered to a third party or organization other than themselves, the SELLER shall bear no responsibility in the event that the said person/organization refuses to accept the delivery. In such case, the CONSUMER shall be responsible for ensuring the re-acceptance of the product and shall bear any additional costs arising from this process. 

3.4. The SELLER is obliged to ensure that the product subject to this contract: 

1. Is intact, undamaged, and in usable condition,
2. Complies with the technical specifications, color, model, and functional characteristics specified in the order,
3. Is delivered together with the warranty certificate, user manual, and other legal documents, if applicable,
4. Reaches the consumer in accordance with the legal warranty period determined by the manufacturer or importer.

3.5. For the delivery of the product, the full and complete payment of the product price must be made in accordance with the payment method chosen by the CONSUMER. In case the product price is not paid for any reason, or if the relevant banking transaction is canceled or reversed, the SELLER shall be completely exempt from any obligations related to the delivery of the product. 

3.6. After the product has been delivered, in the event that the credit card is used by unauthorized persons without the CONSUMER’s consent, the relevant legal and administrative procedures shall be conducted by the banks. The SELLER shall only fulfill its obligations as required under the applicable legislation. 

3.7. The evaluation of products sold with a warranty certificate within the scope of the warranty is subject to the warranty conditions determined by the manufacturer or importer. In case the product sold is defective, malfunctions within the warranty period, or does not operate properly for its intended use, necessary repairs or replacements shall be carried out only through authorized service centers. If the CONSUMER wishes to send the product to the SELLER due to a defective goods notification or warranty repair request, the shipping costs arising from this process shall be borne by the SELLER. 

3.8. Product returns shall be carried out in accordance with the legal procedures set forth in the relevant legislation. 

3.9. If the CONSUMER wishes to benefit from the "Trade-In" or similar campaigns, they shall fully and correctly comply with the related campaign conditions. If the campaign conditions are partially or incorrectly fulfilled, the CONSUMER will not be entitled to the campaign benefits. Invoices for products purchased under the campaign shall be issued after verification that the CONSUMER has fulfilled the campaign requirements. 

3.10. For products subject to official procedures pursuant to relevant legislation, the Preliminary Information Form and Distance Sales Contract shall be considered as preliminary agreements only, and the final sales transaction shall become effective only upon completion of the relevant official procedures. 

1. The total price of such products does not include any notary, tax, fee, or other costs that may arise during official procedures, and these additional obligations shall be borne entirely by the CONSUMER.
2. Ownership and possession transfer of the relevant products shall take place upon completion of the official procedures.
3. For products in this category, the right of withdrawal, delivery processes, and other consumer rights related to distance sales may be restricted or may not apply. The CONSUMER acknowledges, declares, and undertakes that they are aware of this, purchase the product with this knowledge, and will act in accordance with the relevant procedures.

3.11. The parties agree that any notifications, warnings, and information to be made under this contract may be communicated via email, SMS, or other digital communication tools. 

3.12. Notifications sent to the email address or contact number provided by the CONSUMER to the SELLER shall be deemed as official notifications and legally valid. 

3.13. The CONSUMER is obligated to notify the SELLER in writing of any changes in contact information. Otherwise, notifications sent to the old contact information shall be considered valid. 

3.14. Borr “At Your Home” Option: 

If the CONSUMER likes more than one carpet and has difficulty choosing among them, they may add up to a maximum of 5 carpets to their cart and use the home trial service by clicking the “Borr at Your Home” button. The trial service fee is 5,000.00 TL, and delivery of the carpets to the home will take place after payment is made. 

When a carpet purchase is made from the website, this fee will be deducted from the carpet sale price. If no purchase is made from the website, an invoice for this service will be issued and sent to the consumer. 

 

4. RIGHT OF WITHDRAWAL 

4.1. General Provisions 

4.1.1. The CONSUMER has the right to withdraw from this Distance Sales Contract concluded with the SELLER without providing any reason and without paying any penalty within fourteen (14) days from the date the contract is concluded. 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 the right of withdrawal is exercised. The withdrawal period begins as follows: 

1. In contracts concerning the provision of services, on the date the contract is concluded;
2. In contracts concerning the delivery of goods, on the date the goods are received by the CONSUMER or a third party designated by the CONSUMER.

However, the CONSUMER also has the right to exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period: 

1. For goods delivered separately within a single order, the withdrawal period starts from the date the CONSUMER or the designated third party receives the last goods,
2. For goods consisting of multiple parts, the withdrawal period starts from the date the CONSUMER or the designated third party receives the last part,
3. For contracts involving the regular delivery of goods over a certain period, the withdrawal period starts from the date the CONSUMER or the designated third party receives the first goods.

4.1.2. The CONSUMER may exercise the right of withdrawal within the specified period via the "Easy Return" option in their personal membership account on the Website or through other notification methods provided by the SELLER. The designated carrier for returns is the cargo company that delivered the ordered product, and details of the return process are explained on the CONSUMER’s personal membership page. 

4.2. Cases Where the Right of Withdrawal Cannot Be Exercised: 

4.2.1. The CONSUMER cannot exercise the right of withdrawal in the following contracts: 

1. Contracts concerning goods or services with prices that fluctuate due to financial market changes and are not under the control of the SELLER or provider,
2. Contracts concerning goods prepared according to the CONSUMER’s special requests or customized to their personal needs,
3. Contracts concerning perishable goods or goods that risk expiration,
4. Contracts concerning goods that are not suitable for return due to health and hygiene reasons, and whose packaging has been opened, sealed, or damaged,
5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
6. Contracts concerning copyright-protected products such as opened books, digital content, or computer consumables,
7. Contracts concerning the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,
8. Contracts concerning accommodation, transportation of goods, vehicle rental, food and beverage supply, entertainment, and recreational services to be performed on a specific date or during a specific period,
9. Contracts concerning services performed instantaneously in electronic environments or intangible goods delivered instantly to the CONSUMER,
10. Contracts concerning services that have begun to be performed with the explicit consent of the CONSUMER before the withdrawal period expires.

4.3. Right of Withdrawal for Payments Made via Shopping Credit: 

4.3.1. The CONSUMER hereby acknowledges, declares, and undertakes in advance that, for payments made using shopping credit under this contract, they will exercise the right of withdrawal from the Instant/Distance Shopping Credit Agreement directly with the lending bank in accordance with the terms of the credit agreement between them and the bank. Withdrawal from this Distance Sales Contract signed with the SELLER will not automatically terminate the Instant/Distance Shopping Credit Agreement signed with the bank. The CONSUMER must direct their withdrawal request regarding the credit agreement to the lending bank within the period and procedure specified in the Instant/Distance Shopping Credit Agreement. If the CONSUMER fails to notify the bank of withdrawal or does not do so within the specified time, the SELLER shall bear no responsibility concerning the credit relationship between the bank and the CONSUMER. In this context, the CONSUMER accepts and undertakes that the SELLER is only a party to the contract related to the sale of goods or services and is not responsible for any disputes arising from the credit agreement between the CONSUMER and the bank. 

 5.FORCE MAJEURE 

5.1.    The SELLER is obligated to deliver the order within 30 days at the latest. However, the SELLER shall not be held responsible for delivery delays caused by natural disasters, disruptions in the logistics chain, import/export restrictions, measures taken by official authorities, strikes, lockouts, war, acts of terrorism, or extraordinary circumstances. In the event of such extraordinary circumstances, the SELLER is obliged to inform the CONSUMER in writing about the delay. The CONSUMER may request an alternative delivery date or cancel the order and request a refund. 

6.CONFIDENTIALITY AND PERSONAL DATA PROTECTION 

6.1.    The CONSUMER acknowledges that their personal data obtained by the SELLER under this contract will be processed in accordance with the Personal Data Protection Law No. 6698 ("KVKK") and relevant legislation. 

6.2.    The SELLER shall use the CONSUMER’s personal data only for processing orders, executing deliveries, billing processes, and customer service activities. The personal data will not be shared with third parties without the CONSUMER’s consent, except where disclosure is required by legally authorized administrative or judicial authorities in compliance with legal obligations. 

6.3.    The CONSUMER acknowledges and declares that they have the right to access their personal data, request correction, request deletion if the processing purpose no longer exists, and object to processing under the KVKK. To exercise these rights, the CONSUMER may apply through the communication channels designated by the SELLER. 

 

7.COMPETENT COURT 

7.1.    In disputes arising from the implementation of this Distance Sales Contract, Consumer Arbitration Committees and Consumer Courts located in the place where the CONSUMER purchased the goods or services or resides shall have jurisdiction, within the monetary limits determined annually by the Republic of Turkey Ministry of Trade. 

7.2.    For PARTIES who do not have the status of consumer, Istanbul Central Courts and Enforcement Offices shall be authorized to resolve any disputes arising from this Contract. 

7.3.    This Contract has been read, accepted, and approved electronically by the parties. Matters not regulated in this Contract and the preliminary information form shall be governed by Law No. 6502 on the Protection of Consumers and relevant legislation.