Distance Selling Agreement
Last updated: 16.08.2023
ARTICLE 1 - SUBJECT
The subject of this contract is the sale-delivery of the product specified below to the BUYER, in
accordance with the Law No 6502 Concerning the Protection of the Consumer and the Regulation of
Distant Sales, concerning the sale and delivery of the product, the qualities and selling price of which
are presented below, and that is sold by the SELLER to the BUYER over the internet site
www.bulunmaz.com, and the statement of the rights and obligations of the Parties in this matter.
ARTICLE 2 - SELLER'S INFORMATION
SELLER:
- Trade Name: Bulunmaz Makina Ltd. Şti.
- Address: Gedik Pasa Camii Sk. 51/A Cemberlitas,34122 Istanbul - Turkey
- Phone: +90 532 059 06 43
- E-Mail: info@bulunmaz.com
ARTICLE 3 - PRODUCT SUBJECT TO CONTRACT
The type, kind, amount, color, Selling Price and Delivery Information of the product subject to
contract are specified below.
- Product Code:
- Description:
- Amount:
- Price (KDV Included) Payment Method:
- Delivery Address:
- Billing Address:
ARTICLE 4 - GENERAL PROVISIONS:
4.1. THE BUYER , declares that he/she confirms electronically that the product on the internet site
www.bulunmaz.com will be delivered with the proportionate qualities, the selling price including all
taxes and the specified payment method will be paid by the BUYER, that he/she has read and
understood the preliminary information concerning delivery time, commercial name of the SELLER,
its registered address and contact information.
By electronically confirming this contract, THE BUYER affirms that they have received accurate and comprehensive information regarding the address, fundamental attributes of the ordered products, prices inclusive of taxes, delivery details, and the right of withdrawal, including its content, prior to entering into this contract.
By electronically confirming this contract, THE BUYER affirms that they have received accurate and comprehensive information regarding the address, fundamental attributes of the ordered products, prices inclusive of taxes, delivery details, and the right of withdrawal, including its content, prior to entering into this contract.
4.2. The BUYER hereby acknowledges, affirms, and commits to having perused and comprehended all
essential information that is legally obligatory to be available according to Consumer Protection Law
No. 6502, which pertains to Consumer Protection and the Regulation of Remote Sales. The BUYER further confirms that they have electronically submitted the necessary confirmation via the website www.bulunmaz.com.
No. 6502, which pertains to Consumer Protection and the Regulation of Remote Sales. The BUYER further confirms that they have electronically submitted the necessary confirmation via the website www.bulunmaz.com.
4.3. The product subject to contract, will be delivered within the period specified on the web site
based on each product and the distance to the BUYER's residence. The BUYER will pay all shipment
fees concerning the delivery in Article 3 and the it will be billed in the order invoice under the title
“Shipment Fee“.
4.4. If the product subject to contract will be delivered to another person/organization than the
BUYER, the SELLER cannot be held responsible if the person/organization that will receive the
delivery does not accept it. In case the delivery is delayed and / or the Product cannot be delivered
due to problems caused by the shipment company, the SELLER cannot be held liable. In case the
Product is not delivered due to the BUYER's absence at the address, the SELLER cannot be held
responsible in any way.
4.5. THE BUYER holds the responsibility of inspecting the product upon delivery, and in the event of
any issues related to shipping becoming apparent, rejecting the delivery and ensuring that a report is
filed by the shipping company's representative. Failure to do so will result in the SELLER disclaiming
any liability.
4.6. The SELLER is responsible to deliver the product intact, complete, in conformance with the
qualities specified in the order, and along with its user's manuals and warranty documents.
4.7 In the event that the delivery of the product or service becomes undeliverable and the SELLER is
incapable of fulfilling its contractual commitments, the SELLER will inform the customer prior to the
expiration of the contractual obligation to perform. Additionally, if the product itself is not available
in the inventory, the SELLER may offer an alternative product of comparable quality and price to the
BUYER. In such a situation, the SELLER will be considered to have fulfilled its duty of supplying the
product. Consequently, the BUYER retains the option to decline the offered product and choose to
terminate the contract.
(Force Majeure: refers to unforeseeable circumstances that prevent someone from fulfilling a contract or legal obligation. It encompasses events beyond the control of the parties involved, such as natural disasters, wars, or other extraordinary events.)
(Force Majeure: refers to unforeseeable circumstances that prevent someone from fulfilling a contract or legal obligation. It encompasses events beyond the control of the parties involved, such as natural disasters, wars, or other extraordinary events.)
4.8. If the relevant bank or financing institution does not pay the product's price to the SELLER
following the product's delivery, because the BUYER's credit card, banking card, debit card and / or
other payment methods on the Internet Site are used by unauthorized persons unjustly or
unlawfully; the BUYER is required to return the product (if it was delivered) within 3 (three) days. In
this case, the shipment expenses belong to the BUYER.
4.9. The SELLER is held accountable for promptly notifying the BUYER if, due to unforeseen
circumstances like force majeure events, adverse weather conditions, transportation disruptions, or
other factors hindering shipment, the SELLER becomes incapable of ensuring the timely delivery of
the Product as outlined in the contract. Under these circumstances, the BUYER retains the
prerogative to option for canceling their order and subsequently terminating the contract. In case the
Contract is terminated, the SELLER is responsible to return all the payments it has collected including
the shipment fees to the BUYER in cash and in full, within 14 (fourteen) days of the delivery of the
termination notice.
4.10. The BUYER has to pay the full price of the Product before delivery, unless otherwise agreed
upon in writing by the SELLER. If the Product price is not paid to the SELLER in full for single
installment sales, or the installment that is due is not paid on time for multiple installment sales, the
SELLER has the right to unilaterally terminate the contract and refuse to deliver the Product. If, for
any reason, the Bank/financial institution that owns the credit card used for payment does not pay
the Product price to the SELLER or requests the return of the payment after the delivery of the
Product, the BUYER shall return the Product to the SELLER within 3 days. If the lack of payment for
the Product price results from an error or negligence on the part of the BUYER, the BUYER will be
responsible for covering the shipping fee.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal for 14 (fourteen) days following the delivery of the Product
subject to contract to him/her or to the person/organization in the address he/she specifies, without
specifying any reason. For more information visit our Return and Cancellation Policy
site.
ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS
The intellectual-commercial rights and property rights of any content or information belonging to the
INTERNET SITE and the editing, revision and use of part/whole of the same belong to the SELLER.
The SELLER reserves the right to make any modifications that it may deem necessary concerning the
above; these modifications enter into force on the moment when they are announced by the SELLER
on the INTERNET SITE or other appropriate methods.
ARTICLE 7 - GOVERNING LAW AND JURISDICTION
Any disputes arising from this agreement shall be governed by Turkish Law, and all disputes shall be
subject to the jurisdiction of Turkish courts. The Consumer Arbitration Committees and the
Consumer Courts in the SELLER's region have exclusive jurisdiction up to the value set by the
Republic of Turkey Trade Ministry in the execution of this contract.
In case the order is approved, the BUYER is considered to have agreed to all the conditions of this
Contract.
Bulunmaz Makina Ltd. Şti.