Distance Sales Agreement
GENERAL SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the parties below, in an electronic commerce environment and within the framework of the provisions and conditions set forth below.
1.1. SELLER INFORMATION
Title : Kocaman Pet Construction Ltd. Co.
Address : Demirciler OSB Mah. Organized Industry Street No: 18 Gerede/Bolu
Mersis No : 0566035085400013
Tax Office – No : Gerede - 5660350854
Phone - Fax : 90 549 5702716, 90 374 3117931 - 90 374 3118931
Email :[email protected]
1.2. BUYER INFORMATION
Recipient :{_aliciad_} {_alicisoyad_}
Delivery Address :{_teslimatadresi_}
Phone – Fax :{_alicitelefon_}
Email/username :{_alicimail_}
1.3. ORDERING PERSON INFORMATION
Name/Surname/Title :{_aliciad_} {_alicisoyad_}
Address :{_teslimatadresi_}
Phone :{_alicitelefon_}
Fax :{_alicifax_}
Email/username :{_alicimail_}
By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed about this.
2. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, that the BUYER has ordered electronically through the {_siteadi_} belonging to the SELLER or in the electronic marketplace. The sales contract is of a B2B (Business to Business) nature and has been prepared in accordance with the provisions of the Turkish Commercial Code No. 6102, the Turkish Code of Obligations No. 6098, the Law on the Regulation of Electronic Commerce No. 6563, and the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the specified period ends.
3. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign has been organized by the seller, you can review the basic characteristics of the relevant product during the campaign period. The campaign conditions are valid until the campaign ends.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the specified period ends.
The sales price of the goods or services subject to the contract is shown below.
Date :{_tarih_}
Product Information :{_urunbilgileri_}
Shipping Amount :{_kargo_}
Payment Method and Plan :{_odemesekli_}
Delivery Address :{_teslimatadresi_}
Recipient :{_aliciad_} {_alicisoyad_}
Invoice Address :{_teslimatadresi_}
Order Date :{_tarih_}
Delivery date : Delivery method :
The shipping cost for product delivery will be paid by the BUYER.
4. INVOICE INFORMATION
Name/Surname/Title :{_aliciad_} {_alicisoyad_}
Address :{_teslimatadresi_}
Phone- Fax :{_alicitelefon_} {_alicifax_}
Email/username :{_alicimail_}
Invoice delivery :
The invoice will be delivered to the invoice address along with the order during the order delivery.
5. GENERAL TERMS
The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product subject to the contract, the sales price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that they have accurately and completely obtained the address that the SELLER is required to provide to the BUYER before the establishment of the sales contract, the basic characteristics of the ordered products, the prices of the products, and the payment and delivery information.
The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate, and that they will compensate the SELLER for all damages that may arise due to the inaccuracy of this information immediately, in cash and in full, upon the SELLER's first notification.
The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, or for illegal purposes, or in a way that infringes on the material and spiritual rights of others. Additionally, the member cannot engage in activities that prevent or hinder other members from using the services (spam, viruses, trojans, etc.).
Links to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site, nor do they provide any guarantee regarding the information contained on the linked website.
A member who violates one or more of the provisions listed in this agreement shall be personally liable for this violation both criminally and legally, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that this violation is brought to the legal arena, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
6. PAYMENT AND DELIVERY
The sale price is paid according to one of the following payment options:
• 100% advance payment via bank transfer at the time of order,
• Bank transfer upon delivery,
• Payment by credit card at the time of order or delivery.
• Check or promissory note upon delivery • Check: 20% cash upon delivery, with an average maturity of 60 days after delivery. (Can be a maximum of 30 – 60 – 90 days)
• Promissory note: 30% cash upon delivery, with an average maturity of 60 days after delivery. (Can be a maximum of 30 – 60 – 90 days and a single promissory note is not accepted for amounts below 3,000 TL or above 20,000 TL)
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 of the website, depending on the distance of the BUYER's residence, without exceeding the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER may terminate the contract.
The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and necessary information and documents related to the work, to perform the work in accordance with legal regulations free from any defects, in a solid and standard-compliant manner, in accordance with the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and diligence during the execution of the work, and to act with caution and foresight.
If the holder of the credit card 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 provide the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
The SELLER agrees, declares, and undertakes that if it becomes impossible to fulfill the obligations of the contract regarding the product or service subject to the order, it will notify the BUYER in writing within 3 days from the date it learns of this situation and will refund the total amount to the BUYER within 14 days.
The BUYER agrees, declares, and undertakes that by confirming this Agreement electronically for the delivery of the product subject to the Agreement, if for any reason the payment for the product subject to the Agreement is not made and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
The BUYER agrees, declares, and undertakes that if the product subject to the Agreement is not paid by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card after the delivery of the product to the BUYER or to the person and/or organization indicated by the BUYER, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping/transportation costs being borne by the BUYER.
The BUYER agrees, declares, and undertakes that if it has received the product subject to the Agreement but has not completed one of the payment options or if the option it made is incomplete or has not occurred and has not paid the product price immediately, it will pay a penalty to the SELLER in the amount of the product price in addition to the product price.
The SELLER has the right to contact the BUYER through the address, email address, landline and mobile phone numbers, and other contact information specified in the registration form by the BUYER or later updated by the BUYER, via letter, email, SMS, phone call, and other means for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at them.
The BUYER will inspect the goods/services before accepting delivery; they will not accept damaged or defective goods/services from the shipping company, such as those that are crushed, broken, or have torn packaging. It will be assumed that the goods/services received are undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER.
7. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment when making transactions with a credit card, they accept, declare, and undertake that they will pay interest under the credit card agreement with the card-issuing bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; it may demand any incurred costs and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed performance of the debt.
8. FORCE MAJEURE
In the event of force majeure such as war, fire, legal strikes, earthquakes, or natural disasters that prevent the delivery of orders under the contract, or pandemic reasons, if the SELLER is unable to fulfill their obligations under the contract partially or completely, they will inform the BUYER within 5 days from the date the force majeure occurs. The time elapsed until the force majeure is lifted will be added to the contract duration. However, if the force majeure lasts more than 15 days, the SELLER has the right to unilaterally cancel the delayed delivery specified in the confirmed order request without obtaining the BUYER's approval.
In the event of order cancellation, the amount paid by the BUYER in cash will be refunded to them in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's processing time, and therefore the BUYER cannot hold the SELLER responsible for any possible delays.
9. UNFAIR COMPETITION
The BUYER cannot violate the rules of unfair competition through sales methods contrary to the principle of honesty, selling below the current supply price, unfair advertisements, and other illegal practices.
The BUYER is obliged to comply with the provisions of TCC Articles 54-63 regulating unfair competition and the provisions of Law No. 4054 on the Protection of Competition.
The BUYER cannot harm the quality and image of the product by selling below the supply price and at a loss. The BUYER should avoid pricing that negatively affects the prestige of the brand and creates a perception among consumers that the product is of low quality.
If the BUYER violates the competition rules, they will compensate KOCAMAN PET for its damages. In this case, KOCAMAN PET may file a determination lawsuit, an injunction lawsuit, a referral lawsuit, and a lawsuit for material and moral damages, may seek precautionary measures, and may apply to the Competition Authority for administrative sanctions.
If the BUYER sells the product below the supply price, they will pay a penalty equal to the sales price of the product subject to unfair competition, not less than 100,000 TL, to KOCAMAN PET.
Additionally, a complaint can be made to the public prosecutor's office to punish the BUYER with imprisonment of up to two years or a judicial fine in accordance with Articles 55 and 62 of the TCC.
10. PROTECTION OF TRADE SECRETS AND CONFIDENTIALITY
THE PARTIES agree and undertake not to disclose any information, know-how, methods, practices, inventions, designs, commercial information, and similar items obtained due to the contract (including the contract text) during the term of the contract and/or after the termination of the contract.
The PARTY that violates confidentiality and/or discloses confidential information without permission shall compensate the other party for all kinds of damages.
11. APPLICABLE LAW, EVIDENCE CONDITION, AND COMPETENT COURT
THE PARTIES declare and accept that this contract has been prepared in accordance with Turkish Law and that Turkish Law will apply to the resolution of disputes arising from the interpretation and implementation of the contract.
In case of a dispute, this contract, electronic transactions or correspondence in the market, email records, and the SELLER's log records related to the transactions will be used as evidence.
Istanbul Courts and Enforcement Offices shall be competent in disputes arising from this contract.
12. EFFECTIVENESS
12. EFFECTIVENESS: The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed through the Site. The SELLER obtains confirmation that this contract has been read and accepted by the BUYER electronically in the event of the order being fulfilled.
SELLER :{_sirketadi_}
BUYER :{_aliciad_}
{_alicisoyad_}
DATE :{_tarih_}