Distance Selling Agreement
DISTANCE SALES AGREEMENT
- PARTIES
This Distance Sales Agreement (“ Agreement ”) is signed electronically between Selin Bil. İnş. Ltd. Şti., located at Odunluk Mah. Akademi Cad. No:4 C/A Eroğlu Harmony Towers Nilüfer/Bursa (“ Seller ”), and the person who purchases its services/products through the website acresprint.com (“ Buyer ”), whose details are given below.
The parties acknowledge, declare, and undertake that they have read this Agreement in its entirety, fully understand its contents, and agree to all its provisions.
SALES PERSON:
Seller's Name: Selin Bil. İnş. Ltd. Şti.
Seller's Address: Odunluk Mah. Akademi Cad. Harmony Eroğlu Towers No:4 C/A Nilüfer/Bursa
Seller's Email Address: info@acresprint.com
Seller Phone:
BUYER:
Recipient's Name/Surname:
Recipient's Address:
Recipient's Phone Number:
Recipient's Email Address:
The Seller and the Buyer will be referred to individually as “ Party ”, and together as “ Parties ”.
By purchasing products and services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read this Agreement in its entirety, fully understand its contents, and agree to all its terms. Similarly, the Seller declares and undertakes the following matters. Therefore, the accuracy of the information provided by the Buyer when purchasing services is guaranteed by the Buyer.
- ESTABLISHMENT OF THE AGREEMENT
- THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THE AGREEMENT AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS.
- THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE OBLIGATIONS AGREED UPON IN THE AGREEMENT, THAT THE MUTUAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE WORK, AND THAT NEITHER OF THEM HAS ANY LACK OF EXPERIENCE IN THE TRANSACTIONS COVERED BY THIS AGREEMENT.
- THE BUYER ACKNOWLEDGES THAT THEY ARE FULLY CONVINCED THAT THE TRANSACTIONS UNDER THIS AGREEMENT ARE IN THEIR BEST INTERESTS AND THAT THEY WILL COMPLY WITH ALL TERMS AND CONDITIONS OF THEIR OWN FREE WILL, WITHOUT ANY DIFFICULTY OR HARDSHIP, AND THINKINGLY AND WILLINGLY.
- THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT CONTAIN ANY CHARACTERISTICS THAT COULD BE CONSIDERED UNFAIR, AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
- THE TERMS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE TERMS DO NOT CONSTITUTE A VIOLATION OF THE PRINCIPLE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON CONSUMER PROTECTION.
- THE TERMS AND CONDITIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING NATURE AND CONTENT REVIEW PROVIDED FOR IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE OF A NON-EXISTENT (SURPRISING) NATURE TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.
- SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the Buyer electronically through the Seller's website www.acresprint.com (" Site "), and the determination of the rights and obligations of the Parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
- ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT
The essential characteristics of the product subject to this Agreement, its sale price, delivery and payment terms are as follows:
Product/Service Type: The sale of products and/or services by the Buyer to the Buyer through the Site.
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Product Code and Name |
Piece |
Unit Price (including VAT) |
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[...] |
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PAYMENT AND DELIVERY TERMS
Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:
Delivery Address:
Person to whom the delivery will be made:
The total product price stated above is collected from the Buyer by SELİN BİL. İNŞ LTD. ŞTİ.
Delivery terms for the product/service covered by this contract:
Carrier Information: The carriers the seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo and UPS Kargo - Shipping information will be automatically shown/sent to the customer.)
Delivery Address:
Person to whom the delivery will be made:
- DELIVERY
Unless the product subject to the contract is a product prepared according to the Buyer's request or personal needs, it will be delivered to the Buyer or to the person/organization at the address indicated, within the period specified in the pre-information form, depending on the distance of the Buyer's place of residence for each product, provided that this period does not exceed the legal 30 (thirty) day limit.
To avoid any doubt, delivery of the product(s) subject to this Agreement is conditional upon the Buyer electronically confirming this Agreement and the Preliminary Information Form, and upon the Buyer paying the full price of the product(s) in full using their preferred payment method. If, for any reason, the product price is not paid, is paid incompletely, or the payment is cancelled in the bank records, the Seller shall be deemed released from its obligation to deliver the product.
In cases where it becomes impossible to fulfill the order for the goods or services, the Seller shall notify the Buyer in writing or via a durable data provider within 3 (three) days of becoming aware of this situation and shall refund all payments received, including any delivery costs, to the Buyer within a maximum of 14 (fourteen) days from the date of notification.
- BUYER'S REPRESENTATIONS AND WARRANTIES
The Buyer acknowledges that they have read and are aware of the preliminary information uploaded by the Seller on the Site regarding the essential characteristics of the goods or services subject to the Agreement, the sales price, the payment method, and the delivery and shipping costs, that they have provided the necessary confirmation electronically, and that they have confirmed the order through the Site. PAYMENT OBLIGATION The user acknowledges, declares, and undertakes that they are aware of the terms and conditions they are entering into, that they are purchasing the product/service electronically, and that the purchase price will be collected from the credit card/bank card information they have entered for the payment process.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have received accurate and complete information from the Seller prior to the conclusion of distance contracts, including the address, the essential characteristics of the goods or services ordered, the price of the goods or services including taxes, payment and delivery information, and delivery price information.
If, after the delivery of the goods or services, the bank or financial institution fails to pay the seller for the goods or services due to the unauthorized or unlawful use of the buyer's credit card by unauthorized persons, not resulting from the buyer's fault, the buyer is obligated to return the goods or services to the seller within 3 (three) days, provided they have been delivered to the buyer. In this case, the delivery costs shall be borne by the buyer.
If the goods or services subject to this contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the recipient refuses delivery.
If the recipient is not present at the address requested for delivery, the order will absolutely not be left at another address. In this case, the recipient must accept the legal liabilities arising from placing an order to an address where they are not present.
If the product subject to this contract is to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the recipient refuses delivery.
The Seller is responsible for delivering the product subject to this Contract in sound condition, complete, and conforming to the specifications stated in the order. Provided there is a justifiable reason, and provided the Seller informs the Buyer and obtains their explicit consent, the Seller may supply the Buyer with goods or services of equal quality and price before the expiration of the performance obligation arising from this Contract.
Delivery of the product subject to this Agreement is conditional upon electronic confirmation of this Agreement and payment of the order price. If, for any reason, the product price is not paid or is cancelled in the bank records, the Seller shall be deemed released from its obligation to deliver the product under this Agreement.
The Seller is responsible for any loss or damage that occurs until the goods are delivered to the Buyer or a third party designated by the Buyer other than the Buyer's designated carrier. If the Buyer requests that the goods be shipped with a carrier other than the one designated by the Seller, the Seller is not responsible for any loss or damage that may occur from the time the goods are delivered to that carrier.
The service offered by the Seller is for retail sale to the end user; the Seller reserves the right to cancel the order and not deliver the products, even if this Agreement has been concluded, if the Seller suspects that the Buyer intends to resell the product.
The buyer must inspect the product before taking delivery and should not accept any defective or damaged products that can be identified through routine inspection from the seller's representative or the shipping company. If the buyer neglects to inspect the goods and accepts delivery, they will be deemed to have accepted that the product is sound and undamaged.
- SELLER'S REPRESENTATIONS AND WARRANTIES
The seller is responsible for delivering the goods or services subject to this contract to the buyer in good condition, complete, conforming to the specifications stated in the order, and including any warranty documents and user manuals, in accordance with consumer legislation.
Provided that the Seller has a justifiable reason, informs the Buyer, and obtains their explicit consent, they may supply the Buyer with a different product of equal quality and price before the expiration of the performance obligation arising from this Contract.
- BUYER'S RIGHT OF WITHDRAWAL
Without prejudice to other provisions set forth in this Agreement, the terms and conditions set forth under this Article 8 shall only apply if the Buyer qualifies as a consumer under the relevant legislation.
The right of withdrawal and its exercise for Buyers who have the status of consumers within the scope of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:
In accordance with the relevant provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts;
The Consumer Buyer has the right to withdraw from a contract without giving any reason and without paying any penalty within 14 (fourteen) days from the date the contract is concluded in the case of contracts relating to the provision of services; and from the date of delivery of the goods in the case of distance contracts relating to the sale of goods. It is sufficient that the notification of the exercise of the right of withdrawal is sent to the Seller in writing or via a durable data storage medium within this period. The contact information of the Seller to which the withdrawal notification can be made is as follows:
Full Address: Odunluk Mah. Akademi Cad. Eroğlu Harmony Towers No:4 C/A Nilüfer Bursa
Email: info@acresprint.com
Once the Seller receives notification that the right of withdrawal has been exercised, the Buyer will be informed.
Within 14 (fourteen) days from the date the Seller receives notification that the Consumer Buyer has exercised their right of withdrawal, the Seller shall refund all payments made by the Consumer Buyer to the Seller for the relevant goods or services, including any delivery costs to the Consumer Buyer, in a single payment, in a manner appropriate to the payment method used at the time of purchase, and without imposing any costs or obligations on the Consumer Buyer.
If the Consumer Buyer exercises their right of withdrawal, the shipping company designated by the Seller for the return of the product will be one of the shipping companies contracted by the Company. If the goods are returned via the shipping company specified herein in case of exercising the right of withdrawal, the Consumer Buyer will not be held responsible for the return shipping costs. If the Consumer Buyer returns the goods using a shipping company other than the one contracted by the Seller as specified in this Agreement, the Seller will not be responsible for the return shipping costs or any damage the goods may suffer during the shipping process. If the contracted shipping company does not have a branch in the Consumer Buyer's location, the Seller is obligated to arrange for the return of the goods from the Consumer without requesting any additional costs.
The Consumer Buyer must return the goods to the Seller within 10 (ten) days from the date of notification of their exercise of the right of withdrawal. Along with the returned goods, the invoice, box, packaging, any standard accessories, and any other products received as gifts with the purchase must also be returned to the Seller completely and undamaged. The Consumer Buyer must use the goods in accordance with their operation, technical specifications, and usage instructions within the withdrawal period; otherwise, they are responsible for any changes or damage to the goods.
Refunds for order amounts paid via bank accounts or credit cards, and their reflection in the consumer buyer's account, are entirely related to the bank's processing time; therefore, the Seller cannot intervene in any way regarding possible delays. For this reason, it may take a long time for the amount refunded to the consumer buyer's bank account or credit card to be reflected in the consumer buyer's account or credit card by the bank.
According to Article 15 of the Distance Selling Regulation, the consumer buyer has the right to withdraw from the contract; (a) relating to goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier, (b) relating to goods prepared in accordance with the consumer's wishes or personal needs, (c) relating to the delivery of goods that are perishable or may expire, (c) Regarding the return of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons, (d) relating to goods that, after delivery, become mixed with other products and are by their nature impossible to separate, (to) If the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods, this applies to books, digital content, and computer consumables presented in a physical medium. (f) Regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement, (g) Activities to be carried out on a specific date or during a specific period, including accommodation, transport of goods, car rental, food and beverage supply, and leisure activities for recreation or leisure. (ğ) relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and (h) This right of withdrawal does not apply to contracts for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period, and the consumer (Buyer) cannot exercise the right of withdrawal under such contracts.
Complaint and objection procedure for Buyers who have the status of consumers within the scope of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts:
Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Board or the Consumer Court located in the Buyer's place of residence or where the consumer transaction took place, in accordance with the monetary limits determined annually in December by the Ministry of Trade.
- SELLER'S COMPLAINT RESOLUTION METHOD
The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller's contact addresses specified under the Parties heading above). Upon receiving a complaint, the Seller will provide all possible support to resolve the issue.
- DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer defaults on transactions made with a credit card, the Buyer will be liable to the card-issuing bank under the terms of the credit card agreement. In this case, the bank may pursue legal action and demand reimbursement from the Buyer for any resulting costs and attorney fees. In any event of default by the Buyer, the Buyer will be responsible for all damages and losses incurred by the Seller.
- INTELLECTUAL PROPERTY
The Buyer acknowledges and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) regarding the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones, and all kinds of graphic design, illustrations, drawings, designs and elements used in the design of works of art, and all products offered for sale on the Site, belong to the Seller.
All intellectual and industrial property rights and ownership rights regarding all information and content on the Site, and their arrangement, revision, and partial/complete use, belong to the Seller, except for those belonging to other third parties according to the Seller's agreement. The Buyer may not modify, copy, distribute, reproduce, publish, create derivative works from, transfer, or sell any product(s) or any information, software, or service derived from the product(s) purchased. The Buyer acknowledges and agrees that they will not use the purchased product for illegal purposes and/or in any prohibited ways. Otherwise, all legal and criminal liability arising therefrom shall belong to the Buyer, and the Seller reserves the right to claim compensation and other demands against any claims and demands that may be made against the Seller by third parties or authorized authorities due to such unauthorized use.
- DISPUTE RESOLUTION
Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Board or the Consumer Court located in the Buyer's place of residence or where the consumer transaction took place, in accordance with the monetary limits determined annually in December by the Ministry of Trade.
- OTHER PROVISIONS
The Seller may assign its rights and obligations arising from this Agreement to third parties without the Buyer's consent. The Buyer may not assign its rights and obligations arising from this Agreement to third parties without the Seller's consent.
The Buyer acknowledges that, in any disputes arising under this Agreement, the electronic records and system records, commercial records, accounting records, microfilm, microfiche, and computer records kept by the Seller in its database or servers shall constitute valid, binding, conclusive, and exclusive evidence; that the Buyer exempts the Seller from the obligation to swear an oath; and that this clause constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
Force majeure shall be defined as events beyond the control of either party that prevent and/or delay the fulfillment of their obligations under this Agreement without any fault or negligence on the part of the relevant party. (Examples include strikes, lockouts, war (whether declared or not), civil war, acts of terrorism, earthquakes, fires, floods, and similar natural disasters; legislative and administrative actions of any official authority not attributable to the inadequacy of either party; technical failures and delays related to internet service providers; and similar circumstances). The parties shall not be held liable for their failure to fully or timely fulfill their obligations in circumstances including these and similar events beyond their control and which they could not reasonably foresee. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing as soon as possible and shall provide the other Party with a document verifying the force majeure event, issued by an authorized person or institution, as soon as possible.
- FORCE
This Agreement is deemed concluded and enters into force upon its online approval by the Buyer via electronic means on the date of its approval. Transactions conducted through the Site are considered binding declarations of intent between the parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.
This Agreement will be sent to the Seller's email address immediately upon approval and will be kept by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller at any time by sending a request to info@acresprint.com .