Distance Selling Agreement
ARTICLE 1. SELLER
- Name: Eren Adalı
- Address: NECİP FAZIL NEVZAT MAH. NECİP FAZIL BLV. ADALI BUSINESS CENTER NO: 11 INNER DOOR NO: 6 ÜMRANİYE/ ISTANBUL
- Phone No.: 0539 359 3821
- Website: https://kickingmustang.com
- Email: firstname.lastname@example.org
ARTICLE 2. SUBJECT OF THE AGREEMENT 2.1 The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502, Distance Sales Regulation, and other relevant legislation regarding the sale and delivery of the product specified below, the qualities and sales price of which the Buyer has ordered electronically from the website owned by the Seller at https://kickingmustang.com.
2.2 The Buyer acknowledges and declares that they have been informed by the Seller about the name, title, open address, telephone, and other access information of the Seller, the basic qualities of the goods subject to sale, including the sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale, and the right of “withdrawal”, and that they have confirmed this information electronically and then placed an order.
ARTICLE 3. SUBJECT OF THE AGREEMENT, DELIVERY, PAYMENT INFORMATION The Buyer accepts and declares that they have been informed about the type and nature of the Product(s), code, quantity, brand/model, sales price including VAT, payment method, recipient to receive the delivery, delivery address, invoice information, shipping fee, and that they have approved this information before making the payment. The person to be invoiced must be the same as the person who made the contract.
ARTICLE 4. PRE-INFORMATION FOR THE BUYER The Buyer, in the following matters, accepts, declares, and undertakes that they have been informed before the establishment of this Agreement by the Buyer on the Website and before entering into the contract and assuming the payment obligation:
- The name, title, and contact information of the Seller, information about the professional chamber,
- Information about the basic qualities of the product(s), total price including taxes, information about shipping costs,
- Information about delivery, invoice, and payment details of the Product(s),
- Shipment restrictions envisaged by the Seller for the Products,
- The conditions for the exercise of the Buyer’s withdrawal right, the period and method of exercise, and the loss of the right of withdrawal by the Buyer in case of non-exercise within the specified period,
- Products for which the Buyer does not have a withdrawal right,
- In cases where the right of withdrawal exists, how the Products can be returned to the Seller and all relevant financial matters (methods of return, cost, refund of the Product price, including discounts and offsets that may be made for earned/used reward points by the Buyer during the return),
- Appropriate tools-methods for correcting incorrectly entered information during the sales process on the Website,
- Contact information for the Buyer to submit their complaints to the Seller in case of disputes, and the possibility of making legal applications to District/Provincial Consumer Arbitration Boards and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 5. ORDER & PAYMENT CONDITIONS The total amount including VAT (total installment amounts in installment transactions) of the products selected by the Buyer and all expenses, including the shipping fee, are processed through the payment method chosen by the Customer after being confirmed by the Buyer, and after the payment, a confirmation e-mail of the order is sent to the Buyer before the shipment. Shipment will not be made without sending the Order Confirmation e-mail.
ARTICLE 6. SHIPMENT AND DELIVERY CONDITIONS 6.1 The Seller will send the Products through the contracted courier company within a maximum of 30 days. If there is no branch of the courier company where the Buyer is located, the Buyer must receive the Product from the nearest branch of the courier company within 20 days at the latest; otherwise, the Buyer will be responsible for all damages and expenses arising therefrom.
6.2 If the Buyer or persons at the address are not present at the time of delivery, and they do not accept the delivery, the Seller will be deemed to have fulfilled its obligation in this regard. In case there is no one to receive the delivery at the address, it is the responsibility of the Buyer to contact the courier company and track the shipment. If the Product will be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered is not at the address or does not accept the delivery. In such cases, any damages arising from the Buyer’s delay in receiving the Product and/or the Product waiting at the courier company, and/or the return of the shipment to the Seller will be borne by the Buyer.
6.3 The Buyer is responsible for checking the Product upon delivery and, in case of any problem arising from the courier, for not accepting the Product and making a report to the courier representative. Otherwise, the Seller will not accept responsibility.
6.4 If the delivery of the Product cannot be made within the legal period due to force majeure, the Seller will immediately notify the Buyer of this situation. In this case, the Buyer may cancel the order or wait until the force majeure situation ends. In case the Seller cannot supply the Product, the Seller will inform the Buyer clearly within a maximum of 3 days from the date of learning of this situation, and the Buyer will cancel the order. In case of cancellation of the order by the Buyer, the Seller is obliged to refund the total amount paid by the Buyer and, if any, all documents that put it under debt within 14 days at the latest. In such a case, the Buyer will not have any additional material and moral damages claims against the Seller.
6.5 In case, for any reason, the Bank/finance institution that made the transaction does not pay the Product price to the Seller or demands the return of the amount paid, the Product will be returned to the Buyer within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the Buyer, the shipping costs will be covered by the Buyer. The Seller’s rights to follow up the collection of the Product price without accepting the return, including tracking, and all other contractual-legal rights are also reserved.
7.2 Unless otherwise agreed in writing by the parties, the Buyer cannot exercise the right of withdrawal for the following Product/service(s), even if they have not been used: a) Products or services whose prices are determined based on fluctuations in financial markets and which are not under the control of the Seller