DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is executed between the parties below in accordance with the terms and conditions specified herein.
A. "BUYER"; (hereinafter referred to as the "BUYER" in this agreement)
Name-Surname:
Address:
B. "Elif TOKUR - HUBER DC"; (hereinafter referred to as the "SELLER" in this agreement)
Name-Surname:
Address:
By accepting this agreement, the BUYER acknowledges that if they confirm the order in question, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed about these obligations.
2. DEFINITIONS
For the purposes of interpreting and applying this agreement, the following terms will be defined as follows:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any transaction other than the supply of goods provided for a fee or benefit,
SELLER: A company that supplies goods to consumers as part of its commercial or professional activities or acts on behalf of or for the benefit of the seller,
BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERING PARTY: A natural or legal person who requests goods or services through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement between the SELLER and the BUYER,
GOODS: The tangible goods and software, audio, video, and similar intangible goods prepared for use in electronic environments that are subject to the purchase.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics, and the sales price of which are specified below and ordered by the BUYER via the SELLER's website.
The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Trade Name: Elif TOKUR
Address: Huber DC, Fatih Mah. Bosna Cad. Sanayi Sitesi 10. Blok No:76 Niksar/TOKAT/TURKEY
Phone: +90 505 570 4234
Fax: ----
Email: info@huberdc.com
5. BUYER INFORMATION
Person to be delivered to:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERING PARTY INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited time are valid until the end of the specified period.
7.3. The total sales price of the product or service, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT) | Shipping Cost | Total |
---|
Payment Method and Plan:
Delivery Address:
Person to Receive the Product:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping fee for product delivery will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered along with the order to the billing address at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the product's essential characteristics, price, payment method, and delivery on the SELLER’s website, that they have electronically confirmed this information, and that they are fully informed. The BUYER also acknowledges, declares, and undertakes that before the establishment of the distance sales contract, they have obtained accurate and complete information about the address to which the product will be delivered, the basic features of the ordered products, the price including taxes, and the payment and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the person or institution designated by the BUYER within the period specified in the preliminary information section on the website, provided that it does not exceed the legal 30-day period, depending on the distance of the BUYER’s location. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product in full, in conformity with the characteristics specified in the order, and with the relevant warranty certificates, user manuals, and other necessary information and documents. The SELLER agrees to perform the contract in accordance with legal requirements, ensuring the product is free from defects and in line with applicable standards, and to perform the service with accuracy and integrity.
9.4. The SELLER may supply a different product of equal quality and price if they inform the BUYER and receive explicit consent before the contract fulfillment deadline.
9.5. If the performance of the product or service becomes impossible, the SELLER agrees to notify the BUYER in writing within 3 days after becoming aware of the situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees that if the payment for the product is not made or is canceled in the bank records, the SELLER's obligation to deliver the product will be considered void.
9.7. If, after delivery, the BUYER's credit card is unlawfully used by unauthorized individuals and the payment for the product is not made by the relevant bank or financial institution, the BUYER agrees to return the product within 3 days at the SELLER's expense.
9.8. In case of force majeure, where unforeseen and unavoidable events occur that hinder or delay the SELLER’s performance, the SELLER agrees to notify the BUYER. The BUYER has the right to cancel the order, request a substitution of the product with another of equivalent quality and price, or request a postponement of the delivery until the hindrance is removed. If the BUYER cancels the order, the SELLER will refund any payments made within 14 days for cash payments, and for credit card payments, the amount will be refunded within 14 days to the bank.
9.9. The SELLER has the right to contact the BUYER via email, phone, or other communication methods as per the details provided during registration. By accepting this agreement, the BUYER agrees to be contacted for communication, marketing, and notification purposes.
9.10. The BUYER agrees to inspect the product before receiving it. If the product is damaged (e.g., dented, broken, packaging torn), the BUYER will refuse delivery. Once accepted, the product is deemed undamaged. If the BUYER intends to use the right of withdrawal, the product must not be used and the invoice must be returned.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/institution designated by the BUYER, without any legal or penal responsibility and without providing any reason. For service contracts, the withdrawal period begins from the date the contract is signed. The right of withdrawal cannot be used if the service has started with the BUYER's approval before the withdrawal period has ended.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER by registered mail, fax, or email within the 14-day period. The product must not have been used, and the following conditions must be met:
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The BUYER cannot return products that have been personalized or are not suitable for return, such as underwear, swimsuits, makeup products, perishables, opened health and hygiene-related items, mixed products, or digital content delivered electronically, unless the product is defective.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment via credit card, they accept that they will be responsible for paying interest according to their credit card agreement with the bank and that the bank may pursue legal action. The BUYER is also responsible for compensating the SELLER for any damages caused by the delay in payment.
13. COMPETENT COURT
Any disputes arising from this agreement will be resolved at the consumer arbitration board or consumer court in the BUY
ER's location.
14. FINAL PROVISIONS
14.1. The SELLER’s website terms of use and privacy policy are integral parts of this Agreement. The SELLER may update these terms from time to time, and the BUYER agrees to abide by the terms posted on the website.
14.2. If any provision of this Agreement is deemed invalid by a competent court, the remaining provisions will remain in full force and effect.
By confirming this agreement, the BUYER acknowledges that they have read and understood the terms and conditions outlined in this agreement and agree to be bound by them.
SELLER:
Elif TOKUR - HUBER DC
BUYER:
[Buyer’s Name and Signature]
Date: [Date]