DISTANCE SALES CONTRACT

 

ARTICLE 1 – PARTIES

 

1.1 – SELLER

 

Title: Ahmet Ersoy

 

Address: Oruçreis Mah. Tekstilkent Cad. Tekstilkent B6 Block No:60 Esenler/İstanbul

 

Tax Office: Atışalanı V.D.

 

3690298111

 

E-mail: info@bisaat.com

 

“Within the scope of this contract, it will be referred to as “BİSAAT”.

 

1.2 – BUYER

 

As a customer, the invoice information, if any, and delivery information provided during the completion of the shopping made on the bisaat.com shopping site are taken as basis. Within the scope of this contract, the customer in question will be referred to as “Buyer”.

 

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. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the service, the characteristics and sales price of which are specified below, which the Buyer ordered electronically from the bisaat.com website belonging to BISAAT.

 

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT

 

The basic features of the goods or services are available on the bisaat.com address. The type, quantity, brand/model, color, number, sales price, payment method of the product consist of the information at the time the order is finalized. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

 

The shipping fee, which is the product shipping expense, will be paid by the Buyer unless otherwise stated in writing and the said shipping fee is not refundable.

ARTICLE 4 – GENERAL PROVISIONS

 

4.1 The Buyer declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes and the payment method, and the delivery and the expenses thereof to be covered by the Buyer, the period in which the delivery will be made, and the full commercial title, full address and contact information of BISAAT on the bisaat.com website, and that he/she has made the necessary confirmation electronically.

 

By confirming this contract electronically, the Buyer confirms that he/she has obtained the address that should be given to the Consumer by BISAAT before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.

 

4.2 The contractual product will be delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period specified in the preliminary information on the website, depending on the distance of the Buyer's place of residence, provided that it does not exceed the legal 30-day period for each product. Any shipping fee related to the delivery shown on the sales page and/or in the preliminary information form before the completion of the sale, unless otherwise stated, will be covered by the Buyer and will be reflected in the invoice for the order under the name of “Shipping Fee”.

 

4.3 If the product subject to the contract is to be delivered to a person/organization other than the Buyer, BISAAT cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.

 

4.4 BISAAT cannot be held responsible for the failure to deliver the ordered product to the Buyer due to any problems the cargo company may encounter during the delivery of the product to the Buyer.

 

4.5 BISAAT is responsible for the delivery of the product subject to the contract, being intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

 

4.6 BISAAT may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the contract, provided that it has a justified reason.

 

4.7 If BISAAT cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation and

 

may supply the Buyer with a different product of equal quality and price.

 

4.8 In order for the delivery of the contractual product, it is required that the signed copy of this contract be delivered to BISAAT and the price be paid with the payment method preferred by the Buyer. If the product price is not paid or is cancelled in the bank records for any reason, BISAAT shall be deemed to have been relieved of its obligation to deliver the product.

 

4.9 The Buyer accepts and undertakes that the credit card information it has entered into the system during shopping is correct and that it is responsible for any legal and penal legal liability arising from the use of this credit card. If the relevant bank or financial institution does not pay the product price to BISAAT due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the product, the product must be sent to BISAAT within 3 days, provided that it has been delivered to the Buyer. In this case, the shipping costs belong to the Buyer. If the Buyer does not send the product back, if the product price is not collected from the credit card for any reason or if the product price is returned to the credit card, the Buyer accepts and undertakes that the product price will be transferred to BISAAT bank accounts without any need for warning.

 

4.10 If BISAAT cannot deliver the product subject to the contract within the time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, it is obliged to notify the Buyer of the situation within 3 days from the date it learns of the situation. In this case, the Buyer may exercise one of the following rights: cancellation of the order, replacement of the contractual product with a similar one, if any, and/or postponement of the delivery period until the impeding situation is eliminated. If the Buyer cancels the order, the amount paid shall be paid to the Buyer in cash and in a lump sum within 10 days.

 

4.11 The points given to the customer by BISAAT through a campaign are valid only for one purchase. These points shall not be returned even if the product is returned. In payments made by the Buyer with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is cancelled by the Buyer. Since the reflection of this amount to the Buyer's accounts after its return to the bank is completely related to the bank transaction process, the Buyer accepts in advance that BISAAT will not be able to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by BISAAT to be reflected in the Buyer's account by the bank.

4.12. The invalidity or invalidation of any provision of this contract shall not affect the validity of the remaining provisions, and the invalid provision(s) shall be replaced by a new provision(s) agreed upon by the parties in writing in a manner most suitable to the ultimate purpose of the relevant provision. This Contract shall constitute a whole together with its annexes. Any change to be made to the Contract shall be invalid unless it is in writing and signed by both parties.

 

The Parties shall not transfer their rights and obligations arising from this Contract, even partially, to a third party real or legal person without the prior written consent of each other.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

 

The Buyer shall have the right of withdrawal within 14 (fourteen) days from the delivery of the contractual product to him/her or to the person/organization at the address he/she has indicated, without having to show any reason.

 

In order to exercise the right of withdrawal, it is required to notify BISAAT by registered mail, fax or e-mail to the addresses given above within 14 (fourteen) days and that the product has not been used within the framework of the provisions of Article 6. In case of exercise of this right,

 

a) The invoice of the product delivered to the 3rd party or the Buyer, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued)

 

b) Return form,

 

c) Products to be returned within 14 (fourteen) days must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any. The product price will be refunded to the Buyer within 10 days following the receipt of these documents by BISAAT. Due to the right of withdrawal, the shipping cost of the returned product will be covered by BISAAT for domestic orders and by the Buyer for international orders. BISAAT does not refund the shipping fee collected from the Buyer when selling the product.

 

When the product is returned to BISAAT, the original invoice presented to the Buyer during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to NİS AKSESUAR with the product or at the latest within 5 days from the date of shipment of the product, the return process will not be carried out and the product will be sent back to the Buyer with the same payment in the opposite way. The phrase “return invoice” will be written on the invoice to be returned with the product and signed by the Buyer.

 

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

 

Within the scope of Article 15 of the Distance Contracts Regulation, it is not possible to use the right of withdrawal for products whose packaging has been opened and whose return cannot be accepted due to health and hygiene reasons (for example, earrings, jewelry and similar products).

 

a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.

 

b) Contracts regarding goods prepared in line with the consumer's requests or personal needs.

 

c) Contracts regarding the delivery of goods that are perishable or whose expiration date may have passed.

 

ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons.

 

d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature.

 

e) Contracts related to books, digital content and computer consumables provided in tangible form if protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

 

f) Contracts related to the delivery of periodical publications such as newspapers and magazines, other than those provided under subscription contracts.

 

g) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or resting purposes that must be made on a specific date or period.

 

ğ) Contracts related to services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly.

 

h) Contracts related to services that are started to be performed with the consumer's approval before the end of the right of withdrawal period.

 

ı) Contracts related to movables that are required to be registered according to the Highway Traffic Law and unmanned aerial vehicles that are required to be registered or recorded.

 

i) Contracts related to mobile phones, smart watches, tablets and computers that have been delivered to the consumer.

 

j) Contracts concluded through live auctions.

 

k) Contracts regarding the installation or assembly of goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

ARTICLE 7 – AUTHORIZED COURT

 

In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.

 

BISAAT may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year.

 

In applications to be made for 2024, the Provincial or District Consumer Arbitration Committees are authorized for disputes with a value below 104,000 TL (one hundred four thousand) Turkish Lira.

 

b) In disputes exceeding the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, an application must be made to the Civil Court of First Instance as the Consumer Court. All of these terms and conditions are subject to Turkish Law.