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:

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.
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.
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.)
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.
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