DISTANT SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME: Emir Refik Gamsızoğlu - Kültür Müzik
ADDRESS: Nisbetiye mah. Petrol Sitesi Yolu 1AJ, D4 Besiktas-Istanbul, Turkey
By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, it will be under the obligation to pay the price subject to the order and, if any, additional charges such as shipping fee, tax, and that it has been informed about it.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the product.
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: Real or legal person requesting a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically on the website of the SELLER.
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. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Kültür Müzik
Address: Nisbetiye mah. Petrol Sitesi Yolu 1AJ, D4 Besiktas-Istanbul, Turkey
Telephone: 0212 281 11 25
Email: info@jeuxdart.com
5. BUYER INFORMATION
The person to be delivered
Telephone
Email / username
6. ORDERING PERSON INFORMATION
Name / Surname / Title
Address
Telephone
Email / username
7. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
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 the campaign has been organized by the seller, you can examine the basic features of the relevant 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. 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.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Sub Total
(VAT included)
Payment Method and Plan
Billing address
Order date
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Email / username
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER, and gives the necessary confirmation electronically. BUYER's; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed.
9.2. Each content subject to the contract will be available for use in the BUYER's account.
9.3. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product, and if the product price is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the product will end.
9.4. The BUYER undertakes to make the payment by another method in the event that the credit card belonging to the BUYER is used unfairly by unauthorized persons after the product subject to the contract is loaded into the account of the BUYER, and if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. .
9.5. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure such as the occurrence of force majeure, such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts. In this case, it undertakes to replace the received content with a new content. Or, for the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, 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 the reflection of this amount to the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.
9.6. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
9.7. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER must provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating 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 aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.8. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of such information, immediately, in cash and once upon the first notification of the SELLER.
9.9. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.10. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, it cannot be involved in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for other members to use the services.
9.11. On the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the website and do not constitute any guarantee for the information contained in the linked website.
9.12. The products and content sold are protected by copyright laws. The products sold are only available for personal use through the seller's platform.
9.13. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
10. RIGHT TO WITHDRAWAL
10.1. Online sales are final. Product-like content can be used through the website (bachcafe.com) only. If the BUYER cancels his account, he/she cannot use the purchased products.
12. DEFAULT AND LEGAL RESULTS
The BUYER agrees, declares and undertakes that, in the event that the payment is made by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitral tribunal or to the consumer court, within the monetary limits specified in the following law, where the consumer is located or where the consumer transaction is made. Information on the monetary limit is below:
The value for applications to be made to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts of the provinces that do not have metropolitan status.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is realized.
SELLER: Kültür Müzik, Emir Refik Gamsızoğlu
BUYER:
DATE: