E-commerce, by its nature, offers an environment that allows shopping without the need for the buyer and seller to come together. For this reason, legal regulations have been made to protect the interests of both the buyer and the seller, and the necessity of a distance sales contract has emerged. So what is a distance sales contract? In this article, while we are looking for an answer to the question of what is a distance sales contract, let's take a closer look at the legal regulations and how this contract protects the rights of both parties in practice.
What is a Distance Selling Agreement?
Distance selling contracts are contracts that the seller has to approve at the last stage of the ordering process in order to inform the customer about the rights he/she has both during and after the shopping process, the responsibilities and procedures against possible negativities.
Distance sales contract is a confirmation that an agreement has been reached between the buyer and seller on issues such as payment of the determined amount and delivery of the ordered product to the buyer in full. In these contracts, ownership is transferred when the seller delivers the product and receives payment. In this case, the contract provisions come into force against any disruptions that occur during the seller's delivery process or the buyer's payment process, thus securing the rights of both parties.
Preliminary Information Form
In shopping made on e-commerce platforms, the buyer does not have the chance to see the product. For this reason, situations such as not liking the product upon delivery are frequently encountered. The distance sales contract has sections such as the right of withdrawal and the obligation of prior information in order to protect the rights of the buyer.
The situation mentioned in the consumer rights regulation is bound by definite and final provisions. Accordingly, the consumer can unilaterally terminate the contract within 14 days without providing any valid reason and will not face any penal action. Of course, this situation should be clearly stated in the right of withdrawal and preliminary information sections in the distance sales contract. Otherwise, the right of withdrawal becomes a right that extends up to 1 year for the consumer.
Distance Sales Contract Example:
DISTANCE SALES CONTRACT
1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, if any, and that he/she has been informed about this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a product or service through the SELLER's website.
PARTIES: SELLER and Buyer,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Buyer ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
5. BUYER INFORMATION
6. ORDERING PERSON INFORMATION
7. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
| Product Description | Piece | Unit Price |
Subtotal (VAT included) |
| Shipping Amount | |||
| Total: | |||
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
9. GENERAL PROVISIONS
9.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, Buyer accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the Buyer and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the Buyer within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this contract electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the contractual product will be terminated.
9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the Buyer's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the Buyer, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
9.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the Buyer of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the Buyer in cash and in a lump sum within 14 days in payments made by the Buyer in cash. In the case of payments made by the Buyer with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the Buyer's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the Seller responsible for possible delays.
9.9. SELLER has the right to reach the Buyer for communication, marketing, notification and other purposes via letter, e-mail, SMS, telephone conversation and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the Buyer. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the Buyer, the SELLER may request the Buyer to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the Buyer provides the requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER while registering on the SELLER's website is true and correct, and that it will compensate the SELLER for all damages it may suffer due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the Buyer completely and exclusively.
9.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the Buyer and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally liable for this violation in legal and criminal terms and shall hold the Seller harmless from the legal and criminal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set forth in this contract. In case of exercising 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. 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) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the Buyer under debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, single-use products, goods that are prepared at the request of the Buyer or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the Buyer, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if the packaging is opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services whose performance has started with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER defaults in the payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the Buyer and in any case, if the Buyer defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the following law. Information regarding the monetary limit is below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, in disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SALES PERSON:
BUYER:
HISTORY:
In this article where we try to answer the question of what is a distance sales contract? It is useful to emphasize that the distance sales contract is a legal obligation to protect both the buyer and the seller. Companies that deal with e-commerce are required to ensure that this contract is approved in purchases made through their websites. The website service offered by Trizbi includes the necessary infrastructure for the preparation of the distance sales contract and its submission to the customer for approval, as well as modules that carefully store all past records. If you also want to start e-commerce one step ahead with the Trizbi difference, you can contact us.
