Distance Sales Contract
Article 1 – Parties
1.1. Seller
Name: Address: Telephone-Email:
1.2. Buyer Name – Surname/ID No. Address Phone E-mail
Article 2 – Subject
The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, which is ordered electronically by the BUYER from the website https://www.engineereng.com owned by the SELLER, the qualities and sales price of which are specified below.
The BUYER is informed by the SELLER in a clear, understandable, and appropriate manner for the internet environment (e-commerce site) about the SELLER’s name, title, full address, telephone and other access information, the main characteristics of the goods subject to sale, the inclusive price of the goods including taxes, payment method, delivery conditions and costs, etc., all pre-information related to the goods subject to sale and how to exercise the “right of withdrawal” and how this right can be exercised, and official authorities to which complaints and objections can be filed. The BUYER declares and accepts that he/she has confirmed this pre-information in an electronic environment and then ordered the goods according to the provisions of this contract.
The pre-information on the https://www.engineereng.com website and the invoice issued based on the order placed by the BUYER are integral parts of this contract.
Article 3 – Product/Payment/Delivery Information
The type and kind, quantity, brand/model, sales price, payment method, person to take delivery, delivery address, invoice information, and shipping fee of the product/products ordered electronically are as specified below. The person to be invoiced must be the same person who made the contract. The information provided below must be accurate and complete. The BUYER accepts to fully cover any damages arising from these informations being incorrect or incomplete and also accepts any responsibility that may arise from this situation.
The SELLER reserves the right to stop the order if the information provided by the BUYER does not correspond to the truth. If the SELLER detects a problem with the order and cannot reach the BUYER through the phone, e-mail, and postal addresses provided by the BUYER, the execution of the order will be suspended for 15 (fifteen) days. The SELLER expects the BUYER to contact him/her regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent both parties from suffering any damage.
Purchased Product/Products Name, code: ; … pieces Total Sales Price: …. -TL Payment Method: Credit Card/Bank Transfer (EFT) Person to be Delivered: Phone number: Delivery Address: Person/Institution to be Invoiced: Invoice Address: Tax Office: Tax Identification Number: Shipping Fee: … -TL
Article 4 – Contract Date and Force Majeure
The contract date is ../../…., the date when the BUYER placed the order.
Situations not existing or unforeseen at the time the contract was signed, developing outside the control of the parties, and making it impossible or unduly difficult for one or both of the parties to fulfill their obligations or duties partially or completely, or to perform them on time, will be considered force majeure (natural disasters, war, terrorism, uprising, changes in legislation provisions, expropriation, or strike, lockout, significant malfunctions in production and communication facilities, etc.). The party facing force majeure will immediately and in writing notify the other party.
No liability will be attributed to the parties for not performing their actions during the force majeure. If the force majeure lasts longer than 30 (thirty) days, each party will have the right to unilaterally terminate the contract.
Article 5 – Seller’s Rights and Obligations
5.1. The Seller agrees and undertakes to fulfill the actions imposed on him by the contract without any deficiencies except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. People under the age of 18 cannot shop from …… The seller will assume the age stated in the contract by the buyer is correct. However, the seller cannot be held responsible if the buyer writes his/her age incorrectly.
5.3. http://www……com is not responsible for price inaccuracies due to system errors. Consequently, the seller is not responsible for promotional and pricing errors that may arise due to system or design errors on the website or illegal interventions to the website. The buyer cannot claim any rights from the seller based on system errors.
5.4. Shopping can be done from http://www.engineereng.com using a credit card (Visa, MasterCard, etc.) or by bank transfer. Orders not transferred within a week from the order date will be canceled. The processing time of orders is not the moment the order is placed, but the moment the required collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods like cash on delivery or postal check, which are not discussed with customer service, are not accepted.
Article 6 – Buyer’s Rights and Obligations
6.1. The buyer agrees and undertakes to fully perform the obligations imposed on him by the contract except for force majeure situations.
6.2. By placing an order, the buyer is deemed to have accepted all the terms of this contract and agrees and undertakes to make the payment in accordance with the payment method specified in the contract.
6.3. The buyer declares and accepts that he/she is informed in a clear, understandable, and appropriate manner for the internet environment about the seller’s name, title, full address, telephone and other access information, the main characteristics of the goods subject to sale, the inclusive price of the goods including taxes, payment method, delivery conditions and costs, etc., all pre-information related to the goods subject to sale and how to exercise the “right of withdrawal” and how this right can be exercised, and official authorities to which complaints and objections can be filed, and that he/she has confirmed this pre-information in an electronic environment.
6.4. Connected to the previous article, the Buyer declares that he/she has read and is informed about the product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings in the https://www.engineereng.com/ order/payment/use procedure information and has given the necessary confirmation in an electronic environment.
6.5. If the buyer wishes to return the product he/she has purchased, he/she undertakes not to damage the product and its package in any way, and to return the original invoice and the delivery note at the time of return.
Article 7 – Order/Payment Procedure
Order: After the buyer approves the total amount of the products added to the shopping cart including VAT (in the case of installment transactions, the total installment amounts), the transaction is processed over the POS of the relevant bank card. Therefore, a confirmation email is sent to the customer before the orders are dispatched. No shipment is made without sending the Order Confirmation email.
Any delay in the process or problems that may arise related to the credit card will be notified to the buyer by one or several means of phone/fax/email specified in the contract. The buyer may be asked to contact his/her bank if necessary. The processing time of the orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the seller’s accounts.
Exceptionally, if it is understood that the subject matter of the contract cannot be supplied for a justified reason and/or if a stock problem is encountered, the buyer is immediately informed in a clear and understandable manner and if the buyer gives approval, a product of equal quality and price can be sent to the buyer or a new product can be sent in line with the buyer’s desire and choice; it can be waited for the product to enter the stocks or the removal of other obstacles to delivery and/or the order can be canceled.
In cases where the fulfillment of the obligation to deliver the contract subject product becomes impossible, the buyer is informed and the total amount paid and any documents that put him/her under debt are returned to him/her within at most ten days and the contract is canceled. In such a case, the buyer will not have any additional material and moral damage claims from the seller.
Payment: http://www.engineereng.com offers cash transfer order opportunities for buyers who do not want to use credit card information on the internet. The buyer can choose the most suitable bank for him/her and make the transfer. If an EFT is made, the date of transfer to the account will be considered. When making a transfer and/or EFT, it is necessary to write “Sender Information” in accordance with the Invoice Information and to include the order number.
If the credit card belonging to the buyer is used unjustly or unlawfully by unauthorized persons in a way that is not due to the fault of the buyer after the delivery of the product, and if the bank or financial institution does not pay the product price to the seller, the buyer is obliged to send the product to the seller within 10 days. In such cases, shipping costs belong to the buyer.
If the buyer prefers to make the payment by credit card, the BUYER will confirm the relevant interest rates and the information about the default interest from his bank separately; he accepts, declares, and undertakes that the provisions related to interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER, in accordance with the current legislation provisions.
Article 8 – Shipment/Delivery Procedure
Shipment: With the sending of the order confirmation email, the product/products are given to the courier company with which the seller has an agreement.
Delivery: The product/products will be delivered to the buyer’s address by the courier company with which the seller has an agreement. The delivery time is 30 days from the sending of the order confirmation email and the establishment of the contract. This period can be extended by up to ten days provided that the buyer is notified in advance in writing or through a permanent data carrier.
Products are sent with telephone notification to regions where Courier companies do not deliver addresses.
In regions where the Courier Company delivers once a week, due to mistakes and deficiencies in shipping information, some social events, and natural disasters, there may be a delay in the specified day period. The buyer cannot hold the seller responsible for these delays. If the product/products do not reach the customer within the specified days, delivery problems should be immediately reported to customer services using the email address communication@……..com.
In the case of damaged packages; damaged packages should not be received and a report should be made to the Courier Company official. If the Courier Company official thinks that the package is not damaged, the buyer has the right to open the package there and check that the products have been delivered undamaged and to have the situation determined by a report again. Once the package is accepted by the buyer, it is considered that the Courier Company has fully performed its duty. If the package has not been accepted and a report has been drawn up, the situation should be reported to the seller’s Customer Service as soon as possible, along with the copy of the report remaining with the buyer.
Article 9 – Procedure Related to Product Return and Right of Withdrawal
Product Return: The buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within seven days after receiving the goods. In order to make return transactions in accordance with Article 385 of the General Communiqué of the Tax Procedure Law No. 385, it is necessary for the buyer to fill in the return sections at the bottom of the 2 invoices delivered with the goods completely and correctly, sign it, and send one copy to the seller along with the product while keeping the other copy. The right of withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be covered by the buyer.
The right of withdrawal cannot be exercised for goods that are prepared in line with the requests and/or personal needs of the buyer.
In the event that the buyer exercises his right of withdrawal, the seller will return the total amount received and any documents that put the consumer under debt without imposing any costs within at most ten days after the invoice containing the withdrawal notification reaches him along with the product.
The presence of a reason that reduces the value of the received goods or makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, he must compensate the seller for the value of the goods or the decrease in value.
The general return period for each product purchased by mistake is 7 days. Returns of products that have been opened, used, damaged, etc., will not be accepted. The return must be made with the original packaging.
In cases where any opening, spoilage, breakage, destruction, tearing, use, and similar situations are detected in the product purchased by mistake and the packaging and the product cannot be returned in the same condition as it was delivered to the buyer, the product will not be accepted as a return and the price will not be refunded.
For product returns, the situation should first be conveyed to customer services. The buyer is informed by the seller about the return of the product. After this conversation, the product should be sent to the seller through the Courier company that delivered the product to the buyer’s address, along with the invoice containing the information related to the return. If the return product reaches the seller and meets the conditions specified in this contract, it is accepted as a return, and its refund is made to the buyer’s credit card/account. No refund is made without returning the product. The reflection period of the refunds made to the Credit Card to the credit card accounts is at the discretion of the relevant bank.
If the shopping was made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has transmitted the demand to buy the product in installments, the Bank pays back to the buyer in installments. After the seller pays the entire product amount to the bank at once, in the case of installment expenditures made through the Bank POS, the requested refund amounts are transferred by the Bank to the bearer accounts in installments again in order to prevent the involved parties from being victimized. After the sale is canceled until the return date, the buyer will continue to receive 1 (one) refund each month, and after the installments of the sale are over, he will receive the number of installments he paid before the return for as many months as he has and will be deducted from his current debts.
In the case of a return of goods and services purchased with a card, the seller cannot pay the buyer in cash in accordance with the contract made with the Bank. The merchant, i.e., the seller, will make the refund through the related software, and since the merchant, i.e., the seller, is obliged to pay the relevant amount to the Bank in cash or by offset, payment to the buyer in cash is not made in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank after the seller pays the amount to the Bank at once, in accordance with the above procedure.
Article 10 – Warranty
Products used in accordance with the instructions for use and cleaned are guaranteed for 2 years under the conditions specified below against all kinds of manufacturing defects: The warranty liability of the Seller is only valid for consumers within the scope of Law No. 4077. The provisions of the Turkish Commercial Code will be applicable for commercial transactions.
Article 11 – Confidentiality
The information specified in this contract by the buyer and the information provided to the seller for the purpose of making payment will not be shared by the seller with third parties.
The seller can disclose this information only within the framework of the existence of administrative/legal obligation. The seller can provide the requested information to the relevant authority if it has information requested in any judicial investigation with documented investigative authority.
Credit card information is never stored, credit card information is used only to obtain authorization from the banks during the collection process and is deleted from the system after provisioning.
Email addresses, postal addresses, and phone numbers belonging to the buyer will only be used by the seller for standard product delivery and information procedures. Campaign information, information about new products, promotional information can be sent to the buyer after his approval.
Article 12 – Competent Court and Execution Offices in Case of Dispute
In case of disputes arising from the implementation of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade in December every year and Consumer Courts in the residence of the Buyer or Seller are authorized.
Upon the realization of the order, the Buyer is deemed to have accepted all the terms of this contract. …/…/…