Distance Sales Agreement
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Date of Update: December 1, 2020
ARTICLE 1 – SUBJECT
The subject of this Agreement is to determine the rights and obligations of the SELLER and the BUYER regarding the sale and delivery of the product(s), the characteristics and sales price of which are specified below, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts, and other relevant legislation.
ARTICLE 2 – FORMATION OF THE AGREEMENT
2.1 The BUYER acknowledges that they have read and understood this Agreement, and that they are aware of their rights and obligations.
2.2 The SELLER and the BUYER agree that there is no disproportion between the obligations agreed upon in this Agreement, that such obligations are suitable for the nature of the transaction, and that neither party lacks experience regarding the matters covered by this Agreement.
2.3 The BUYER declares that they have reached a full conviction that the transactions under this Agreement are in their best interest, and that they shall comply with all terms freely, knowingly, voluntarily, and without any hardship or constraint.
2.4 The SELLER and the BUYER agree that the provisions of this Agreement do not contain any unfair terms, nor do they create any imbalance in terms of interests. The SELLER may, in rare cases of pricing errors encountered on the website, cancel the order and refund the payment to the BUYER.
2.5 This Agreement, its annexes, and the information supplied through martius.co and confirmed electronically, correspond to the requirements of Article 6 of the Regulation on the Procedures and Principles Regarding Promotional Sales.
2.6 The provisions of this Agreement do not contain any unfair terms within the meaning of the Regulation on Unfair Terms in Consumer Contracts. The provisions have been prepared in accordance with the principle of good faith and the legislation on consumer protection.
2.7 The provisions of this Agreement have also been prepared in accordance with the provisions of the Turkish Code of Obligations No. 6098. The bindingness and content review stipulated under Article 21 of the Code has been carried out by the BUYER. None of the provisions of this Agreement constitute surprising terms contrary to its nature or the specific characteristics of the transaction. The provisions are written in a clear and comprehensible manner and do not bear multiple meanings.
ARTICLE 3 – INFORMATION ABOUT THE SELLER
Company Title: Martius
Website: www.martius.co
ARTICLE 4 – INFORMATION ABOUT THE BUYER (CONSUMER)
Name/Surname/Title: {UYEADI}
Address: {UYEADRESI}
Phone:
E-mail:
ARTICLE 5 – INFORMATION ABOUT THE PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, unit, sales price, payment method, and other details of the product/service subject to this Agreement are as follows:
Agreement Date:
Delivery Date of the Product: ..
Delivery Costs: … TL
Type of Product/Service:
Quantity: 1 unit
Brand/Model:
Cash Price (Including Taxes): … TL
ARTICLE 6 – GENERAL PROVISIONS
6.1 The BUYER declares that they have read and acknowledged the preliminary information regarding the essential characteristics, sales price, payment method, and delivery of the product(s) specified in Article 5, and that they have given the necessary confirmation electronically.
6.2 The product subject to this Agreement shall be delivered to the BUYER or the person/organization indicated at the address provided by the BUYER within the period specified in the preliminary information, not exceeding the statutory period of 30 days, depending on the BUYER’s place of residence. This period may be extended by a maximum of 10 days, provided that the BUYER is informed in writing.
6.3 If the product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held liable if such person/organization refuses to accept delivery.
6.4 The SELLER is responsible for delivering the product(s) subject to this Agreement in a sound, complete, and proper manner, in conformity with the specifications stated in the order. Provided there is a justifiable reason, the SELLER may supply goods or services of equal quality and price before the expiration of its obligation to perform.
6.5 For delivery of the product(s), the confirmation of this Agreement electronically and the payment of the purchase price are conditions precedent. If the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be deemed released from the obligation to deliver the product(s).
6.6 If the SELLER cannot deliver the product(s) within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or disruption of transportation, the SELLER is obliged to inform the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the product(s) with an equivalent, if available, or postpone the delivery until the obstacle is removed.
If the BUYER cancels the order, the amount paid shall be refunded within 10 days.
6.7 In the event that the BUYER fails to fulfill their payment obligation under this Agreement, the SELLER may initiate enforcement proceedings, file a collection lawsuit, or resort to other legal remedies to recover the unpaid product price based on the price of the product on the date of delivery, together with the interest accrued at the rates stipulated in this Agreement.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Pursuant to Article 7, paragraph 4, subparagraph (c) of the Regulation on Distance Contracts; the consumer cannot exercise the right of withdrawal for goods prepared in line with the consumer’s wishes or explicitly personalized to their needs. Furthermore, the consumer has no right of withdrawal for contracts regarding the delivery of goods which, by their nature, are not suitable for return if their packaging is unsealed, are liable to deteriorate rapidly, or are likely to expire.
ARTICLE 8 – COMPETENT COURT
All complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committees or the Consumer Courts located at the place of residence of either the BUYER or the SELLER, within the monetary limits announced annually by the Ministry of Customs and Trade in December.