Distance sales contract

1. PARTIES

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This contract has been executed between the following parties under the terms and conditions stated below.

“BUYER” (hereinafter referred to as “BUYER” in the contract)
Name & Surname:
Address:

“SELLER” (hereinafter referred to as “SELLER” in the contract)
Name & Surname: MEHMET MURAT EYİSOY
Address: ŞEKER MAH. 885 NOLU SK. TUNAHAN SITESI A BLOK NO: 2 A1 İÇ KAPI NO: 1 ADAPAZARI/ SAKARYA

By accepting this contract, the BUYER acknowledges that, in the event the BUYER approves the order subject to this contract, they undertake the obligation to pay the price of the order and any additional fees such as shipping, taxes, etc., if specified, and that they have been informed about this in advance.

2. DEFINITIONS

For the purposes of the implementation and interpretation of this contract, the terms written below shall have the following meanings:

• MINISTER: Refers to the Minister of Customs and Trade.

• MINISTRY: Refers to the Ministry of Customs and Trade.

• LAW: Refers to Law No. 6502 on Consumer Protection.

• REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).

• SERVICE: Refers to any consumer transaction other than supplying goods, carried out or committed to be carried out in return for a fee or benefit.

• SELLER: Refers to the company that provides goods to consumers in the course of its commercial or professional activities, or acts on behalf of or for the account of the entity supplying goods.

• BUYER: Refers to any real or legal person that acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.

• SITE: Refers to the website owned by the SELLER.

• ORDER PLACER: Refers to any real or legal person who requests a good or service via the SELLER’s website.

• PARTIES: Refers to the SELLER and the BUYER.

• CONTRACT: Refers to this contract executed between the SELLER and the BUYER.

• GOODS (MAL): Refers to movable goods subject to shopping and intangible goods such as software, audio, video prepared for use in electronic form.

3. SUBJECT

This Contract sets forth the rights and obligations of the Parties under the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications and sale price of which are specified below, ordered by the BUYER electronically through the SELLER’s website.

The listed and advertised prices on the Site represent the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a specific period are valid until the end of that period.

4. SELLER INFORMATION

• Title: MEHMET MURAT EYİSOY

• Address: ŞEKER MAH. 885 NOLU SK. TUNAHAN SITESI A BLOK NO: 2 A1 İÇ KAPI NO: 1 ADAPAZARI/ SAKARYA

• Phone: +90 (530) 422 44 27

• Email: info@norwegia.com.tr

5. BUYER INFORMATION

• Name of the Person to be Delivered:

• Delivery Address:

• Phone:

• Fax:

• Email/Username:

6. ORDER PLACER INFORMATION

• Name/Surname/Title:

• Address:

• Phone:

• Fax:

• Email/Username:

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT

7.1. The main characteristics (type, quantity, brand/model, color, quantity) of the Goods/Product(s)/Service are published on the SELLER’s website. If the SELLER has arranged a campaign, you can review the main features of the relevant product throughout the campaign period. It is valid until the campaign end date.

7.2. The listed and advertised prices on the Site are sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a specific period are valid until the end of that period.

7.3. The total sales price of the goods or services, including all taxes, is shown below:

Product DescriptionQuantityUnit PriceSubtotal (VAT included)

Shipping Fee

Total:

Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method

7.4. The shipping fee, which is the cost of shipping the product, will be paid by the SELLER.

8. INVOICE INFORMATION

• Name/Surname/Title:

• Address:

• Phone:

• Fax:

• Email/Username:

Invoice Delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER declares, acknowledges, and undertakes that they have read and are informed about the basic characteristics of the product subject to this contract, the sales price, the payment method, and the delivery conditions on the SELLER’s website, and that they have provided the necessary confirmation in electronic form. The BUYER hereby acknowledges, declares, and undertakes that they have obtained the correct and complete information about the address to be provided by the SELLER, the main features of the ordered products, the price of the products including taxes, as well as the payment and delivery information, prior to the execution of the distance sales contract, by confirming the Preliminary Information electronically.

9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, 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 retains the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product specified in the contract completely, in compliance with the qualifications specified in the order, and with any warranty certificates, user manuals, and any required information and documents, free of all defects, in accordance with the legal legislation requirements, and to perform the service in accordance with the principles of integrity and honesty, to protect and improve the service quality, and to act with caution and foresight during the performance of the work.

9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining their explicit approval, before the period of performance obligation arising from the contract expires.

9.5. In the event that fulfilling the ordered product or service becomes impossible and the SELLER cannot fulfill their obligations under the contract, they agree, declare, and undertake to inform the consumer in writing within 3 days from the date they become aware of the situation, and to refund the total payment to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they shall confirm this Contract electronically for the delivery of the product subject to the Contract, and that if for any reason the product price subject to the Contract is not paid or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the Contract shall end.

9.7. The BUYER acknowledges, declares, and undertakes that if, after the delivery of the product subject to the Contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, it is determined that the credit card of the BUYER is used unauthorizedly by third parties and the price of the sold product is not paid to the SELLER by the relevant bank or financial institution, the BUYER shall return the product subject to the Contract to the SELLER within 3 days at the SELLER’s expense.

9.8. If circumstances beyond the Parties’ control, which were not foreseeable and which prevent or delay the parties from fulfilling their obligations, such as force majeure, occur and the product subject to the contract cannot be delivered on time, the SELLER agrees, declares, and undertakes to inform the BUYER. In this case, the BUYER has the right to request the cancellation of the order, or if available, the replacement of the product subject to the contract with its equivalent, or the postponement of delivery until the impeding condition is removed. If the BUYER cancels the order, in case of cash payments, the product amount shall be refunded to the BUYER in cash and in full within 14 days. For credit card payments by the BUYER, the product amount shall be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average period for the bank to reflect the amount returned by the SELLER to the BUYER’s account may take 2 to 3 weeks, and that the BUYER cannot hold the SELLER responsible for possible delays since the reflection of this amount to the BUYER’s accounts after being returned to the bank is entirely related to the bank’s transaction process.

9.9. The SELLER has the right to reach the BUYER via letter, email, SMS, phone call, and other means through the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the Site or updated by the BUYER later, for communication, marketing, notifications, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may conduct the above-mentioned communication activities directed to the BUYER.

9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not receive dented, broken, torn-packaged, etc., damaged and defective goods/services from the cargo company. The goods/services received shall be deemed undamaged and intact. The BUYER is responsible for the careful protection of the goods/services after delivery. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card for the previous month related to the used credit card, or a letter from the bank of the card holder indicating that the credit card belongs to them. The order shall be frozen until the requested information/documents are provided by the BUYER, and if the aforementioned requests are not met within 24 hours, the SELLER shall have the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website are truthful, and that the BUYER shall compensate all damages incurred by the SELLER immediately, in cash and in full upon the SELLER’s first notice, due to the inaccuracy of this information.

9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the relevant legal legislation and not to violate them when using the SELLER’s website. Otherwise, all legal and penal liabilities shall be borne solely and exclusively by the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way to disrupt public order, to violate general morality, to disturb or harass others, or for an unlawful purpose, or in a manner that infringes upon the material and moral rights of others. Furthermore, the member may not engage in activities (spam, virus, trojan horse, etc.) that may prevent or impede others from using the services.

9.15. Through the SELLER’s website, links may be provided to other websites and/or other content that are not under the SELLER’s control or owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not constitute any endorsement of any website or the person operating it. They do not serve as a guarantee regarding the information contained on the linked website.

9.16. A member who violates one or more clauses of this contract shall be personally liable for all criminal and legal consequences of such violation and shall keep the SELLER free of any legal and penal consequences. Also, if such violations lead the matter to the legal arena, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract.

10. RIGHT OF WITHDRAWAL

10.1. In case of distance contracts concerning the sale of goods, the BUYER may exercise the right of withdrawal from the contract by refusing the goods, without any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated, provided that they notify the SELLER. For distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts that have begun to be performed with the consumer’s approval before the expiration of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must be unused in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this contract. If this right is exercised:

a) The invoice of the product delivered to a third party or the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be returned along with the return invoice issued by the company. Returns for orders invoiced to companies cannot be completed if a RETURN INVOICE is not issued.)
b) The return form,
c) The box, packaging, and any standard accessories of the returned products must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price and return the documents that put the BUYER under debt to the BUYER within 10 days from the date of receipt of the withdrawal notification, and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods or if the return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault. However, the BUYER shall not be held responsible for changes and deterioration resulting from the proper use of the goods or products within the withdrawal period.
f) If the campaign limit amount arranged by the SELLER is reduced below the limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared in line with the BUYER’s requests or explicitly for personal needs, which are not suitable for return; lower parts of underwear, swimwear, and bikini bottoms; makeup products; single-use products; goods that are in danger of rapid spoilage or are likely to expire; products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated due to their nature; periodicals such as newspapers and magazines other than those provided under subscription agreements; services performed instantly in electronic form or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables for which the packaging has been opened by the BUYER cannot be returned in accordance with the Regulation. In addition, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer’s approval before the expiration of the right of withdrawal period, again in accordance with the Regulation.

Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) must have unopened, untested, undamaged, and unused packaging to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER fails to make payment by credit card and goes into default, the BUYER agrees, declares, and undertakes that they will pay interest under the credit card agreement with the cardholder’s bank and be liable to the bank. In this case, the relevant bank may initiate legal proceedings; it may demand any resulting costs and attorney fees from the BUYER; and in any event, if the BUYER goes into default due to their debt, the BUYER acknowledges, declares, and undertakes that they will pay the SELLER’s damages and losses due to the delayed performance of the debt.

13. COMPETENT COURT

In the event of any disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or the consumer court of the BUYER’s place of residence or the place where the consumer transaction is made, within the monetary limits specified in the relevant law. The monetary limits are as follows:

Effective as of May 28, 2014:

a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, disputes with a value of less than 2,000.00 (two thousand) TL shall be submitted to the district consumer arbitration committees.
b) Disputes with a value of less than 3,000.00 (three thousand) TL shall be submitted to the provincial consumer arbitration committees.
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be submitted to the provincial consumer arbitration committees.

This Contract is entered into for commercial purposes.

14. ENFORCEMENT

When the BUYER completes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to ensure that the necessary software arrangements are made in such a way that the BUYER reads and accepts this contract on the Site before the order is finalized.

SELLER: MEHMET MURAT EYİSOY – Norwegia

BUYER:

DATE: