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Distance Sales Agreement

Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been entered into between the following parties under the terms and conditions set forth below.

BUYER (hereinafter referred to as the "BUYER")
FULL NAME: AHMET SAVAŞ GÖKTÜRK
ADDRESS: test, 2 shippingtown 34000 Adalar Istanbul

SELLER (hereinafter referred to as the "SELLER")
COMPANY NAME: DORTEK KAPI SANAYİ VE TİCARET A.Ş.
ADDRESS: Business İstanbul Plaza Merdivenköy Mahallesi, Yumurtacı Abdi Bey Caddesi, Dikyol Sokak, No:2, B Block, Floor: 19, 34732 Kadıköy - ISTANBUL

By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the order amount as well as any additional charges specified, such as shipping fees and taxes, if applicable, and that the BUYER has been duly informed thereof.

2. DEFINITIONS

For the purposes of the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:

  • MINISTER: The Minister of Customs and Trade,
  • MINISTRY: The Ministry of Customs and Trade,
  • LAW: Law No. 6502 on the Protection of Consumers,
  • REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
  • SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken in return for a fee or benefit,
  • SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of such company,
  • BUYER: Any natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
  • WEBSITE: The website https://www.dortek.com and all related pages operated by the SELLER,
  • ORDERING PARTY: Any natural or legal person requesting a good or service through https://www.dortek.com operated by the SELLER,
  • PARTIES: The SELLER and the BUYER,
  • AGREEMENT: This agreement entered into between the SELLER and the BUYER,
  • GOODS: Movable goods subject to the purchase, manufactured by the SELLER according to the BUYER's requested dimensions, architectural project, construction details, specific technical requirements, color and coating preferences, accessory selection and the technical characteristics of the installation area, as well as software, audio, visual and similar intangible goods prepared for use in electronic environments.

3. SUBJECT MATTER

This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product ordered electronically by the BUYER through https://www.dortek.com operated by the SELLER, manufactured according to the BUYER's requested dimensions, architectural project, construction details, specific technical requirements, color and coating preferences, accessory selection and the technical characteristics of the installation area, and whose specifications and sales price are stated below.

The prices listed and announced on the Website are the sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: DORTEK KAPI SANAYİ VE TİCARET A.Ş.
Address: Business İstanbul Plaza Merdivenköy Mahallesi, Yumurtacı Abdi Bey Caddesi, Dikyol Sokak, No:2, B Block, Floor: 19, 34732 Kadıköy - ISTANBUL
Telephone: +90 216 412 40 35
E-mail: [email protected]

5. BUYER INFORMATION

Recipient: AHMET SAVAŞ GÖKTÜRK
Delivery Address: test, 2 shippingtown 34000 Adalar Istanbul
Telephone: +90 533 945 08 55
E-mail: [email protected]

6. INFORMATION ABOUT THE PRODUCTS SUBJECT TO THE AGREEMENT

The essential characteristics of the goods/products/services, including their type, quantity, brand/model, color and quantity, are published at https://www.dortek.com operated by the SELLER. If a campaign is organized by the SELLER, the essential characteristics of the relevant product may be reviewed during the campaign period. Such information shall remain valid until the end of the campaign period.

The prices listed and announced on the Website are the sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.

The BUYER acknowledges and declares that the Goods and Products ordered electronically through https://www.dortek.com and detailed below, which constitute the subject matter of this Agreement, are manufactured according to the dimensions entered into the system by the BUYER, the architectural project, construction details, specific technical requirements, the BUYER's color and coating preferences, accessory selection and the technical characteristics of the installation area.

The date of the Agreement, type and performance date of the Service, sales price, payment method and related details are specified below:

Product Name Price Quantity Total
Ghost Sliding Door 005 TRY 46,000 1 TRY 46,000
Room Door 34 TRY 18,900 1 TRY 18,900
Glazed Living Room Door G TRY 35,000 1 TRY 35,000
Room Door 703 TRY 18,900 1 TRY 18,900
Glazed Living Room Door 38G TRY 35,000 1 TRY 35,000
GRAND TOTAL TRY 153,800

The shipping cost shown on the cart page of the Website shall be paid by the BUYER up to the amount displayed on the cart page, and any amount exceeding such stated shipping cost shall be borne by the SELLER.

7. INVOICE INFORMATION

Full Name: AHMET SAVAŞ GÖKTÜRK
Billing Address: test, 2 34000 Adalar Istanbul
Telephone: +90 533 945 08 55
E-mail: [email protected]

8. GENERAL PROVISIONS

8.1. The BUYER acknowledges, declares and undertakes that the BUYER has read and obtained information regarding the essential characteristics, sales price, payment method and preliminary information concerning delivery of the product subject to this Agreement at https://www.dortek.com operated by the SELLER, and has provided the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that by confirming the Preliminary Information electronically, prior to the conclusion of the distance sales agreement, the BUYER has accurately and completely obtained the address, essential characteristics of the products ordered, prices of the products including taxes, and payment and delivery information that must be provided by the SELLER.

8.2. Each product subject to this Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of https://www.dortek.com, depending on the distance of the BUYER's place of residence, provided that such period does not exceed the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the Agreement is reserved.

8.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications, dimensions and characteristics stated in the order, together with any warranty certificates, user manuals and other information and documents required by the nature of the work, free from defects and in compliance with applicable legal requirements and standards, and to perform its obligations in accordance with the principles of good faith and honesty, maintain and improve service quality, exercise the necessary care and diligence during performance, and act with due caution and foresight.

8.4. Before the performance period of its obligations arising from the Agreement expires, the SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and expressly approves such substitution.

8.5. If performance of the order subject to the Agreement becomes impossible and the SELLER is therefore unable to fulfill its contractual obligations, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date on which it becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.

8.6. The BUYER acknowledges, declares and undertakes that the BUYER shall electronically confirm this Agreement for delivery of the product subject to the Agreement and that, if the price of the product is not paid for any reason and/or the payment is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement shall terminate.

8.7. If, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization designated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized or fraudulent use of the BUYER's credit card by third parties, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the transportation costs borne by the SELLER.

8.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure events or other circumstances arising beyond the control of the parties that are unforeseeable and prevent and/or delay the fulfillment of the parties' obligations, the SELLER agrees to notify the BUYER. The BUYER shall have the right to request from the SELLER the cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if available, and/or postponement of the delivery until the circumstances preventing delivery have ceased. If the BUYER cancels the order, payments made in cash shall be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days following cancellation of the order by the BUYER. The BUYER acknowledges and undertakes that the average period required for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks and that any delay in reflecting the refunded amount in the BUYER's account is entirely related to the bank's processing procedures, and therefore the BUYER shall not hold the SELLER liable for such delays.

8.9. The SELLER has the right to contact the BUYER via the address, e-mail address, landline and mobile telephone numbers and other contact details provided by the BUYER in the registration form on the Website or subsequently updated by the BUYER, by letter, e-mail, SMS, telephone call and other means for communication, marketing, notification and other purposes. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.

8.10. Before accepting delivery of the goods/services subject to the Agreement, the BUYER shall inspect them and shall not accept from the shipping company any goods/services that are damaged or defective, such as dented, broken or having torn packaging. Goods/services accepted upon delivery shall be deemed to have been delivered intact and undamaged. After delivery, the BUYER shall be responsible for taking due care of the goods/services. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.

8.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability concerning the credit card used for the order is detected before delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact details of the credit card holder, a statement for the previous month relating to the credit card used for the order, or a letter from the cardholder's bank confirming that the credit card belongs to the cardholder. The order shall be suspended until the BUYER provides the requested information/documents. If such requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.

8.12. The BUYER declares and undertakes that all personal and other information provided when registering at https://www.dortek.com operated by the SELLER is accurate and truthful and that the BUYER shall immediately compensate the SELLER, in full and in cash, upon the SELLER's first notice, for all damages incurred by the SELLER due to the information being inaccurate or untruthful.

8.13. The BUYER accepts and undertakes in advance to comply with all applicable laws and regulations while using https://www.dortek.com operated by the SELLER and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne solely and exclusively by the BUYER.

8.14. The BUYER may not use https://www.dortek.com operated by the SELLER in any manner that disrupts public order, violates generally accepted standards of morality, disturbs or harasses others, serves an unlawful purpose, or infringes upon the material or moral rights of others. In addition, the BUYER may not engage in activities that prevent or make it difficult for others to use the services, including spam, viruses, Trojan horses or similar activities.

8.15. Links may be provided through https://www.dortek.com operated by the SELLER to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by third parties. Such links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any website or its operator and do not constitute any warranty regarding the information contained on the linked website.

8.16. A member who violates one or more of the provisions set forth in this Agreement shall be personally liable for all criminal and civil consequences arising from such violation and shall indemnify and hold the SELLER harmless from the legal and criminal consequences of such violation. Furthermore, if such violation is brought before legal authorities, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.

9. ACCURACY OF DIMENSIONS, PROJECT AND TECHNICAL INFORMATION

The BUYER shall be personally responsible for the accuracy of the dimensions, architectural project, construction details, specific technical requirements, color/coating preferences and accessory information provided to the SELLER. The SELLER shall not be held liable for incompatibilities, manufacturing defects or installation problems arising from incorrect or incomplete information provided by the BUYER. The BUYER is obliged to review and approve the dimensions and technical drawings submitted before confirmation of the order.

10. PRODUCTION AND DELIVERY PERIOD

The production period for the Products subject to this Agreement shall commence on the date on which the BUYER approves the dimensions, project and technical information and pays the price of the Goods and Products. The delivery period shall be calculated separately following completion of the production period, taking into account the transportation periods specified on the Website.

11. ORDER CANCELLATION AND CHANGE REQUESTS

For Products manufactured according to custom dimensions and technical specifications, the BUYER may not unilaterally cancel the order or request changes after production has commenced.

12. INSTALLATION SERVICE

Installation of the Product subject to the Agreement shall be carried out by the SELLER or persons/organizations authorized by the SELLER if installation service is separately specified in the order form. The BUYER shall be responsible for ensuring the necessary conditions for installation, including the required flooring, electrical infrastructure, measurements and similar prerequisites. The SELLER shall not be responsible for delays or additional costs arising from failure to provide such conditions.

13. LIMITATION OF LIABILITY

Subject to the mandatory provisions of applicable law, the SELLER's liability arising from delays, incomplete performance or defective performance under this Agreement shall be limited to the price of the Products subject to the Agreement. The SELLER shall not be liable for indirect damages, including loss of profit, loss of business or similar damages.

14. RIGHT OF WITHDRAWAL

14.1. In distance contracts relating to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date on which the goods are delivered to the BUYER or to the person/organization designated by the BUYER, by notifying the SELLER, without assuming any legal or criminal liability and without providing any reason. In distance contracts relating to the provision of services, this period begins on the date of conclusion of the Agreement. The right of withdrawal may not be exercised in service contracts where performance has commenced with the consumer's consent before the expiry of the withdrawal period. The costs arising from exercising the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.

14.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing within 14 (fourteen) days by registered mail, fax or e-mail, and the product must not have been used, subject to the provisions regarding "Products for Which the Right of Withdrawal Cannot Be Exercised" set forth in this Agreement. If this right is exercised:

  • The invoice for the product delivered to the person or the BUYER (if the invoice for the product to be returned was issued to a corporate entity, the product must be returned together with the return invoice issued by the relevant entity. Returns of orders invoiced to corporate entities cannot be completed unless a RETURN INVOICE is issued),
  • Return form,
  • The products to be returned must be delivered complete and undamaged together with their boxes, packaging and, if applicable, standard accessories.

14.3. The SELLER shall refund the total amount and the documents creating an obligation for the BUYER within no later than 10 days from receipt of the withdrawal notification and shall take back the goods within 20 days.

14.4. If the value of the goods decreases or return becomes impossible due to a reason attributable to the BUYER, the BUYER shall compensate the SELLER for the resulting damages in proportion to the BUYER's fault. However, the BUYER shall not be responsible for changes or deterioration resulting from proper use of the goods or product during the withdrawal period.

14.5. If exercising the right of withdrawal causes the purchase amount to fall below the campaign threshold specified by the SELLER, the discount amount obtained under the campaign shall be cancelled.

15. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

15.1. In accordance with the Regulation, the right of withdrawal cannot be exercised for goods prepared according to the BUYER's requests or clearly personal needs and unsuitable for return; underwear, swimwear and bikini bottoms; makeup products; disposable products; goods that may rapidly deteriorate or expire; products unsuitable for return for health and hygiene reasons after their packaging has been opened by the BUYER following delivery; products that become mixed with other products after delivery and cannot be separated due to their nature; goods relating to periodical publications such as newspapers and magazines, except those supplied under subscription agreements; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables where their packaging has been opened by the BUYER. Furthermore, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer's consent before the expiry of the withdrawal period.

15.2. For cosmetic and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables such as toner, cartridges and ribbons to be eligible for return, their packaging must be unopened, unused, undamaged and untested.

15.3. Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following products:

  • Products manufactured according to the BUYER's specific requests,
  • Doors manufactured according to specific dimensions,
  • Products manufactured specifically for a project,
  • Special color applications,
  • Personalized products,
  • Systems prepared according to an architectural project,
  • Products with non-standard dimensions and technical specifications.

Products with Installation Completed

The right of withdrawal cannot be exercised for products whose installation has been completed or whose application has been finalized.

Products That Cannot Be Resold

The right of withdrawal cannot be exercised for products that, by their nature, cannot be resold or have lost their suitability for resale.

Application to SELLER's Products

The BUYER acknowledges, declares and irrevocably undertakes that, with respect to the Goods and Products subject to this Agreement that will be manufactured according to the BUYER's specific requests, dimensions and specifications, architectural project, construction details, specific technical requirements, color and coating preferences, accessory selection and technical characteristics of the installation area, the right of withdrawal cannot be exercised, and that the BUYER has been duly informed thereof.

The BUYER is responsible for checking whether the product falls within the scope of custom production before placing the order.

16. RETURN CONDITIONS

16.1. General Conditions

For products for which the right of withdrawal may be exercised, the product must be unused, undamaged, in resalable condition, returned together with its original packaging, complete with all accessories and parts, and accompanied by its invoice and shipping documents.

16.2. Cases Where Returns Will Not Be Accepted

The following products are excluded from the return scope:

  • Custom-made products,
  • Products manufactured according to specific dimensions,
  • Products whose installation has been completed,
  • Products damaged by the consumer,
  • Products deformed as a result of use,
  • Products that have lost their resale condition,
  • Products returned with missing parts or accessories.

17. WARRANTY CONDITIONS

The Products subject to this Agreement are covered by the statutory warranty against defects in accordance with applicable legislation. The warranty period and scope are specified in the warranty certificate delivered together with the product. Defects and damage resulting from use of the Product outside its intended purpose, unauthorized intervention, modification or user error are excluded from the warranty.

18. FORCE MAJEURE

Natural disasters, fire, earthquakes, epidemics, war, mobilization, strikes, lockouts, import/export restrictions, decisions of official authorities and similar unforeseeable events arising beyond the reasonable control of the parties shall be considered force majeure. In the event of force majeure, the affected party shall notify the other party in writing within 7 days. If the force majeure event continues for more than 60 days, either party may terminate the Agreement unilaterally.

19. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment when payment is made by credit card, the BUYER acknowledges, declares and undertakes that the BUYER shall be liable for interest in accordance with the credit card agreement between the cardholder and the bank and shall be responsible to the bank. In such case, the relevant bank may initiate legal proceedings and request the resulting expenses and attorney's fees from the BUYER. In all cases where the BUYER defaults on its payment obligations, the BUYER accepts that it shall compensate the SELLER for any loss or damage suffered by the SELLER due to delayed performance of the debt.

20. VALIDITY OF ELECTRONIC APPROVAL

The BUYER's electronic approval of this Agreement through https://www.dortek.com constitutes acceptance of all terms and conditions of the Agreement and such approval shall have the same legal validity as a wet-ink signed agreement.

21. PROTECTION OF PERSONAL DATA

The SELLER processes the BUYER's personal data in accordance with Law No. 6698 on the Protection of Personal Data and applicable legislation. Information regarding the purposes and legal grounds for processing personal data, the parties to whom and purposes for which such data may be transferred, and the rights of the BUYER under applicable law are separately regulated in the Personal Data Processing Information Notice published at https://www.dortek.com operated by the SELLER. By approving this Agreement, the BUYER acknowledges that the BUYER has read and been informed about the aforementioned Information Notice.

22. COMPETENT COURTS AND AUTHORITIES

Complaints and objections arising from this Agreement shall be submitted to the Consumer Arbitration Committee or Consumer Court located at the BUYER's place of residence or where the consumer transaction was carried out, within the monetary limits specified by the applicable legislation. The monetary limits stated below are applicable as of 28/05/2014:

  • Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes with a value below TRY 2,000.00 (two thousand Turkish liras) shall be submitted to district consumer arbitration committees,
  • Disputes with a value below TRY 3,000.00 (three thousand Turkish liras) shall be submitted to provincial consumer arbitration committees,
  • In metropolitan municipalities, disputes with a value between TRY 2,000.00 (two thousand Turkish liras) and TRY 3,000.00 (three thousand Turkish liras) shall be submitted to provincial consumer arbitration committees.

This Agreement is concluded for commercial purposes.

Turkish law shall apply to the implementation and interpretation of this Agreement. The Parties agree that the commercial books, records and electronic data of the SELLER, including e-mail and order system records, shall constitute conclusive evidence in accordance with the Turkish Code of Civil Procedure No. 6100.

23. NOTICES

The Parties accept the addresses specified in this Agreement as their official notification addresses. Unless a change of address is notified to the other party in writing, any notice delivered to the existing address shall be deemed valid.

24. EFFECTIVE DATE

When the BUYER completes payment for the order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain the BUYER's confirmation that this Agreement has been read and accepted on the Website before the order is completed.

SELLER: DORTEK KAPI SANAYİ VE TİCARET A.Ş.
BUYER: AHMET SAVAŞ GÖKTÜRK