Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions stated herein.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER explicitly agrees that upon approving the order subject to the agreement, they undertake the obligation to pay the price of the order and, if applicable, additional fees such as shipping costs and taxes, and acknowledge being informed about this matter in advance.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall represent the written explanations next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the delivery of goods done or promised for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of such company,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person requesting a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between SELLER and BUYER,
GOODS: Represents the movable items subject to shopping and intangible items prepared for electronic use such as software, audio, video, and similar.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER via the SELLER's website, in accordance with Law No. 6502 on the Protection of Consumers and the provisions of the Regulation on Distance Contracts.
Prices listed and declared on the site are sales prices. Advertised prices and promises are valid until updated or changed. Time-bound advertised prices are valid until the specified period expires.
4. SELLER INFORMATION
Title: PİLE TEKSTİL MOBİLYA VE İNŞAAT TİCARET LİMİTED ŞİRKETİ
Address: YUKARI DUDULLU MAH. BAYRAK CAD. KILIÇ İŞ MERKEZİ NO: 20 A ÜMRANİYE/ ISTANBUL
Phone: 0533 680 29 66
Email: info@pilehome.com.tr
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Fax
Email/username
6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic features (type, quantity, brand/model, color, number) of the goods/product(s)/services are published on the SELLER's website. If a campaign is organized by the seller, you can check the basic features of the related product during the campaign period. It is valid until the campaign date.
6.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Timed advertising prices are valid until the end of the specified period.
6.3. The total sales price, including all taxes, of the goods or services subject to the contract is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(Including VAT)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost, which is the product's shipment expense, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered together with the order to the invoice address at the time of order delivery.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS
The privacy rules-policy and conditions stated below concerning the protection, confidentiality, processing-use of information, communications, and other matters on the WEBSITE apply.
8.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken, according to modern technical possibilities, in the system infrastructure on the SELLER's side depending on the nature of the information and transaction. Nevertheless, since such information is entered from the BUYER's device, the responsibility for protecting them on the BUYER's side and preventing access by unauthorized persons, including those related to viruses and similar harmful applications, lies with the BUYER.
8.2. In addition to the permissions and approvals provided by the BUYER concerning personal data and commercial electronic communications, and to confirm them; the information obtained while the BUYER registers on the WEBSITE and during purchases can be recorded by the SELLER indefinitely or for a foreseeable period for various product/service provision and all kinds of electronic and other commercial-social communications such as information, advertising-promotion, communication, sales, marketing, store card, credit card, and membership applications with the accordingly designated entities and their successors, can be kept in printed/magnetic archives, updated when necessary, shared, transferred, used, and otherwise processed. This data may also be transmitted to relevant authorities and courts as required by law. The BUYER consents and allows the use, sharing, processing, and receipt of commercial and non-commercial electronic communications in compliance with personal data protection and e-commerce legislation regarding existing and new personal or non-personal information within this scope.
8.3. The BUYER can always stop data usage-processing and/or communications by reaching the SELLER via specified communication channels or by legally following the opt-out rights given in electronic communications sent to them. Upon the BUYER’s explicit notification, personal data processing and communications will be stopped within legal maximum terms; except legally required or possible data, the information can be deleted from records or anonymized. The BUYER can inquire and receive information regarding data processing, recipients, correction of inaccurate data, notification of corrections to third parties, deletion or destruction, objection to automated system analysis, and remedies for unlawful data processing damages via the SELLER at any time. Requests will be fulfilled within legal timeframe or explained if rejected with legal reasons.
8.4. All intellectual property and ownership rights to all information and content belonging to the WEBSITE and their arrangement, revision, and partial/total use; except those belonging to third parties per SELLER agreement; belong to the SELLER.
8.5. The SELLER reserves the right to make any necessary changes to the above issues; such changes become effective as soon as announced on the WEBSITE or through other appropriate methods.
8.6. The privacy-security policies and terms of use of other sites accessible through the WEBSITE apply, and the SELLER is not responsible for disputes or adverse consequences arising therefrom.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and gained information about the main characteristics, sales price, payment method, and preliminary delivery information of the product subject to the contract on the SELLER's website and confirmed electronically. By confirming the preliminary information electronically, the BUYER accepts that they have correctly and fully acquired the address to be provided by the SELLER to the BUYER before the remote sales contract is made, the main features of ordered products, prices including taxes, payment, and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period indicated in the preliminary information section of the website depending on the distance to the BUYER's residence, not exceeding the legal period of 30 days. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in compliance with the specified qualities in the order and with any warranty certificates and user manuals, perform the service according to legal requirements free from any defect, in accordance with standards, in good faith and honesty, maintain and improve service quality, show necessary attention and care during the performance, and act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing and obtaining clear approval from the BUYER before the performance period of the contractual obligation expires.
9.5. If the SELLER cannot fulfill the order due to impossibility, they shall notify the consumer in writing within 3 days from learning the situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER declares and undertakes to confirm this Agreement electronically for the delivery of the product subject to the contract and accepts that if the payment is not made or is canceled by the bank, the SELLER’s obligation to deliver the product ceases.
9.7. The BUYER agrees that if, after delivery, unauthorized use of their credit card results in the payment not reaching the SELLER, the BUYER will return the product to the SELLER within 3 days with shipping costs borne by the SELLER.
9.8. The SELLER agrees to notify the BUYER if force majeure or unforeseen circumstances beyond control prevent delivery on time. The BUYER may request order cancellation, replacement with an equivalent product, or postponement of delivery until the obstructive condition ends. In case of cancellation, cash payments will be refunded within 14 days, credit card payments will be refunded to the bank within 14 days following order cancellation, and the BUYER acknowledges potential delays related entirely to bank processing times, exempting the SELLER from liability.
9.9. The SELLER has the right to contact the BUYER via the address, e-mail, fixed and mobile phone lines, and other contact details provided in registration or later updated, for communication, marketing, notification, and other purposes via letters, e-mails, SMS, phone calls, and other methods. By accepting this agreement, the BUYER consents to these communications.
9.10. Before receiving the product/service, the BUYER will inspect it and refuse damaged or defective items (e.g., dented, broken, torn packaging) from the shipping company. The product/service received will be accepted as undamaged. The BUYER is responsible for careful protection after delivery. If the right of withdrawal is used, the product/service should not be used and the invoice must be returned.
9.11. If the credit cardholder used at the time of order is not the BUYER or a security issue arises before product delivery, the SELLER may request identity and contact documents of the cardholder, card statement for the previous month, or a document from the bank proving ownership. The order will be frozen until requested documents are provided; failure to provide within 24 hours entitles the SELLER to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during registration are true and agrees to compensate the SELLER immediately and in full for any damages resulting from incorrect information upon first notification.
9.13. The BUYER commits to comply with legal provisions while using the SELLER's website and not violate them; otherwise, all legal and criminal liabilities will fully and exclusively bind the BUYER.
9.14. The BUYER shall not use the SELLER's website in a way that disrupts public order, contradicts public morality, annoys or harasses others, for unlawful purposes, or infringes on others' material or moral rights. Also, the BUYER shall not engage in activities preventing or complicating others' use of services (spam, viruses, trojans, etc.).
9.15. Links to other websites not controlled by the SELLER and/or owned or operated by third parties may be present on the SELLER's website. These links are provided for convenience and do not constitute endorsement or guarantee of the information contained on the linked websites.
9.16. Any member breaching one or more of the items of this agreement is personally liable legally and criminally and shall hold the SELLER harmless from legal and criminal consequences. Additionally, the SELLER reserves the right to claim damages for breach of membership agreement if the matter is taken to the legal domain.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may withdraw from the distance contract without any legal or criminal liability and without providing any reason within 14 (fourteen) days from the delivery date of goods to themselves or a person/organization at the indicated address by notifying the SELLER. For remote contracts concerning services, this period starts from the contract signing date. Withdrawal cannot be exercised for services started with consumer approval before the withdrawal period ends. Costs arising from the exercise of the right of withdrawal are borne by the SELLER. The BUYER hereby accepts that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification via registered mail with return receipt, fax, or e-mail must be made to the SELLER within 14 days, and the product must be unused as stipulated under "Products Where Right of Withdrawal Cannot Be Exercised." In case of exercise:
a) Invoice of the product delivered to the third party or the BUYER (If the invoice belongs to a corporate entity, the return invoice issued by the corporate must be sent along with the product. Returns with corporate invoices are not completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned must be delivered completely and undamaged with their boxes, packaging, and standard accessories if any.
d) The SELLER is obliged to refund the total amount and documents that put the BUYER under debt within 10 days from receipt of the withdrawal notification and to collect the goods within 20 days.
e) If there is a reduction in the value of the goods or return becomes impossible due to the BUYER’s fault, the BUYER is responsible for compensating the SELLER’s losses proportionally. However, the BUYER is not responsible for changes or deterioration caused by proper use of goods within the right of withdrawal period.
f) If the use of the right of withdrawal causes reduction below the campaign limit amount set by the SELLER, the discount utilized under the campaign shall be canceled.
11. PRODUCTS WHERE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared at the BUYER’s request or according to explicit personal needs that cannot be returned, underwear bottoms, swimwear bottoms, makeup products, disposable items, goods prone to quick spoilage or expiring soon, products not suitable for return due to health and hygiene if packaging is opened after delivery, goods mixed with other products after delivery and inseparable by nature, periodicals like newspapers and magazines except subscription contracts, services and intangible goods delivered instantly electronically, audio or video recordings, books, digital content, software, data recording and storage devices, computer consumables whose packaging has been opened by the BUYER cannot be returned according to Regulation. Withdrawal is also not possible for services started with consumer's approval before the withdrawal period ends as per the Regulation.
Cosmetics, personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, tapes, and stationery consumables (toners, cartridges, ribbons, etc.) must have unopened, unused, undamaged packaging to be returnable.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on credit card payments, they accept to pay interest within the framework of their credit card agreement with the cardholder bank and be liable to the bank. The bank may pursue legal action and claim costs and attorney fees from the BUYER. The BUYER accepts and declares to compensate the SELLER for damages suffered due to delay in payment.
13. JURISDICTION
Disputes arising from this agreement, complaints, and objections within the monetary limits specified in the Law, will be brought to the consumer arbitration board or consumer court located at the consumer's residence or where the transaction took place.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement upon making payment for the order placed on the Site. The SELLER is responsible for implementing necessary software arrangements to obtain the BUYER's approval confirming they have read and accepted this agreement before the order.
SELLER: PİLE TEKSTİL MOBİLYA VE İNŞAAT TİCARET LİMİTED ŞİRKETİ
BUYER:
DATE: