Distance Sales Contract

ARTICLE 1 – PARTIES

1.1-SELLER

Centre Turgut Özal Bulvarı Denizer Sokak Parkverde Residence A Blok Ofis 5 Taşdelen-Çekmeköy / İSTANBUL / TÜRKİYE
Telephone : 0216 642 00 22
Faks :
Web Address www.nesasistem.com
E-Mail Address : info@nesasistem.com

1.2-RECIPIENT

Name Surname / Title :
Address :
Telephone :
E-Mail Address :

ARTICLE 2 – SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts in relation to the sale and delivery of the product / service whose qualifications and sales price are specified below, which the BUYER ordered electronically from the www.nesasistem.com website of the SELLER.

ARTICLE 3 – PRODUCT / SERVICE SUBJECT TO THE CONTRACT

3.1- The type and type, quantity, brand/model, colour, sales price including taxes of the Products/Services are as stated in the product/service promotion information published on www.nesasistem.com and in the invoice which is an integral part of this contract.

Product Name                                                      Number             Sales Price (including VAT)

The validity of these promises, including the price … / … / …. Until the date.

3.2 – Payment Method                 : Credit Card / Money Order

3.3 – Due to the fact that forward sales are made only with credit cards belonging to banks, the buyer agrees, declares and undertakes that he/she will confirm the relevant interest rates and information on default interest from his/her bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the bank and the buyer.

3.4 – Delivery Method and Address

Delivery Address :
Person to be Delivered :
Invoice Address :

Delivery will be delivered by hand at the above-mentioned address of the Buyer via cargo company. Even if the buyer is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation in full and in full. For this reason, any damage caused by the late receipt of the product by the buyer and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.

Shipping Fee : … TL, the shipping price is added to the total amount of the order and paid by the customer. It is not included in the product price.

ARTICLE 4 – GENERAL PROVISIONS

4.1 – The BUYER declares that he / she has read and informed the preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website www.nesasistem.com and that he / she has given the necessary confirmation electronically. 4.2 – The product subject to the contract is delivered to the BUYER or the person / organisation at the address indicated by the BUYER within the period described in the preliminary information on the website, depending on the distance of the BUYER’s settlement for each product, provided that it does not exceed the legal 30-day period. 4.3 – If the product subject to the contract is to be delivered to a person / organisation other than the BUYER, the SELLER cannot be held responsible for the failure of the person / organisation to accept the delivery.
4.4 – The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5 – For the delivery of the product subject to the contract, the copy of this contract, which has been confirmed electronically, must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or cancelled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.

4.6 – After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorised persons in a way that is not caused by the BUYER’s fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the transport expenses belong to the BUYER.

4.7 – If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather opposition, interruption of transportation, etc., the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the BUYER cancels the order, the amount paid by the BUYER is paid to him in cash and in cash within max. 10 days.

4.8 – The defective or defective products of the products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.

4.9 – The SELLER accepts, declares and undertakes that the correspondence address mentioned at the beginning of this contract is the valid notification address and that all notifications to this address will be deemed valid.

4.10 – If the BUYER resides / is located outside the borders of the Republic of Turkey and / or the address where the product will be delivered is located outside the borders of the Republic of Turkey, the country where he / she resides / is located and / or the country where the product will be delivered will be accrued in accordance with the laws, regulations and relevant legal regulations due to the purchase of the product in question, the customs duties, fees and all other financial obligations will belong to him / her, and he / she accepts, declares and undertakes in advance that he / she will immediately and fully fulfil all payments to be requested for the delivery of the product.

ARTICLE 5- RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the contract to him or the person / organisation at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned to the BUYER within 10 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.

We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification, and we undertake to take back the goods from the date of receipt of the withdrawal notification to the seller or provider.

In accordance with the 385 numbered tax procedure law general communiqué, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing.

ARTICLE 6 – PRODUCTS THAT CANNOT BE USED RIGHT OF WITHDRAWAL

The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, copyable software and programmes, products that deteriorate quickly or expire. The use of the right of withdrawal in the following products depends on the condition that the packaging of the product is unopened, intact and the product has not been used.

-All kinds of software and programmes
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone top-up orders
-Products that cannot be returned due to their nature, disposable products, copyable software and programmes, products that deteriorate quickly or expire, and products that cannot be returned.

ARTICLE 7 – DEFAULT PROVISIONS

In the event that the parties do not fulfil their obligations arising from this contract, the provisions of the default of the debtor in the article ….. of the Code of Obligations shall apply. In case of default, if any party fails to fulfil its obligations in due time, the other party shall give a period of 7 days to the non-performing party to fulfil the performance in question. In the event that the performance is not fulfilled within this period, the non-performing party shall be deemed to be in default and the creditor has the right to demand the delivery of the goods by demanding the performance of the performance, and/or the termination of the contract and the return of the price.

ARTICLE 8 – COMPETENT COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the settlement of the BUYER or SELLER are authorised up to the value announced by the Ministry of Industry and Trade.

ARTICLE 9 : In case the order is realised, the BUYER is deemed to have accepted all the terms of this contract. This contract is delivered by the SELLER to the BUYER via e-mail.

The Buyer accepts, undertakes and declares that he / she has read and informed the Preliminary Information and has given the necessary confirmation electronically in accordance with Articles 5 and 6 of the Law on Consumer Protection No. 4077 amended by Law No. 4822 and the Regulation on the Application Procedures and Principles of Distance Contracts.

Date of issue of the contract : .. / .. / ….

SELLER:                                                                                BUYER: