Legal notice

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions specified below:

‘BUYER’; (hereinafter referred to as "BUYER" in this agreement)

FULL NAME: [invoice-name]
ADDRESS: [invoice-address]

‘SELLER’; (hereinafter referred to as "SELLER" in this agreement)

FULL NAME: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.
ADDRESS: İkitelli O.S.B. Mutfakçılar (MUTSAN) Industrial Site, Block 9, No:32 Başakşehir / Istanbul

By accepting this agreement, the BUYER acknowledges that if they confirm the order subject to the contract, they will be obliged to pay the price of the ordered item and any additional costs such as shipping, taxes, etc., and that they have been informed about this beforehand.

2. DEFINITIONS

For the purposes of interpreting and applying this Agreement, the following terms will have the corresponding definitions:

  • MINISTER: The Minister of Customs and Trade,
  • MINISTRY: The Ministry of Customs and Trade,
  • LAW: The Consumer Protection Law No. 6502,
  • REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
  • SERVICE: All types of consumer transactions other than the provision of goods performed or promised for a fee or benefit,
  • SELLER: The company providing goods to the consumer or acting on behalf of or account of the company in relation to its commercial or professional activities,
  • BUYER: A real or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes,
  • SITE: The website owned by the SELLER,
  • ORDERER: A real or legal person who requests goods or services via the SELLER’s website,
  • PARTIES: The SELLER and the BUYER,
  • AGREEMENT: This agreement made between the SELLER and the BUYER,
  • GOODS: Tangible goods subject to the purchase, as well as software, sound, image, and other intangible goods prepared for use in electronic media.

3. SUBJECT MATTER

This Agreement regulates the rights and obligations of the parties in relation to the sale and delivery of the product, the specifications, and the sale price of which are provided below, ordered by the BUYER through the SELLER's website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

The prices listed and published on the website are the sale prices. The prices and promises published are valid until they are updated or changed. Temporarily announced prices are valid until the specified date.

4. SELLER’S INFORMATION

Trade Name: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.
Address: İkitelli O.S.B. Mutfakçılar (MUTSAN) Industrial Site, Block 9, No:32 Başakşehir / Istanbul
Phone: (0 212) 549 00 44
Fax
Email: info@avrupaisi.com

5. BUYER’S INFORMATION

Person to be delivered: [delivery-name]
Delivery Address: [delivery-address]
Phone: [phone]
Fax
Email/Username: [email]

6. ORDERER’S INFORMATION

Full Name/Title: [invoice-name]
Address: [invoice-address]
Phone: [phone]
Fax
Email/Username: [email]

7. DETAILS OF THE PRODUCT(S)/SERVICE(S) SUBJECT TO THE AGREEMENT

  1. The basic features (type, quantity, brand/model, color, quantity) of the product/service subject to the agreement are published on the SELLER’s website. If a campaign has been organized by the SELLER, the basic features of the related product can be reviewed during the campaign period. The campaign is valid until the specified date.

7.2. The prices listed and published on the website are the sale prices. The prices and promises published are valid until they are updated or changed. Temporarily announced prices are valid until the specified date.

7.3. The total sales price of the product or service including all taxes is shown below.

[product-list]

Payment Method and Plan: [payment-method]
Delivery Address: [delivery-address]
Person to be delivered to: [delivery-name]
Invoice Address: [invoice-address]
Order Date: [date]
Delivery Date:
Delivery Method:

7.4. The shipping cost for product delivery will be paid by the BUYER.

8. INVOICE INFORMATION

Full Name/Title: [invoice-name]
Address: [invoice-address]
Phone: [phone]
Fax
Email/Username: [email]
Invoice Delivery: The invoice will be delivered along with the order to the invoice address during delivery.

9. GENERAL TERMS

9.1. The BUYER confirms that they have read and understood the basic characteristics of the product, the sale price, payment method, and delivery details on the SELLER’s website and that they have given the necessary electronic confirmation. The BUYER accepts, declares, and undertakes that they have obtained the correct and complete information about the address to be provided by the SELLER, the basic characteristics of the products, the prices including taxes, and the payment and delivery details.

9.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or institution indicated by the BUYER within the time frame specified on the website, not exceeding 30 days. If the product cannot be delivered within this period, the BUYER has the right to cancel the contract.

9.3. The SELLER agrees to deliver the product as specified, free of defects, and with any necessary warranty certificates, user manuals, and relevant information and documents, in accordance with legal regulations, standards, and honesty, ensuring the quality of service.

9.4. If the SELLER cannot deliver the product as specified, they can, with the BUYER's explicit consent, supply a different product of equal quality and price.

9.5. In the event of impossibility of performance, the SELLER will notify the BUYER within 3 days and refund the total amount within 14 days.

9.6. If the product cannot be delivered due to non-payment or cancellation of the transaction by the BUYER, the SELLER will not be obligated to deliver the product.

9.7. If a product is delivered to an unauthorized person due to a fraud with the BUYER’s credit card, the BUYER must return the product within 3 days, at the SELLER's expense.

9.8. In cases of force majeure or unforeseen circumstances that prevent timely delivery, the SELLER will inform the BUYER, and the BUYER can request to cancel the order, replace the product with an equivalent, or delay the delivery until the obstacle is resolved.

9.9. The SELLER has the right to contact the BUYER via email, phone, or other methods for communications, marketing, and notifications. The BUYER consents to such activities.

9.10. The BUYER will inspect the product upon delivery and will not accept damaged or defective products. The product will be considered accepted once it is delivered undamaged.

9.11. If the credit card used by the BUYER is not the same as the person making the order, or if a security breach is detected, the SELLER may ask the BUYER to provide additional verification before proceeding with the order.

9.12. The BUYER ensures that the personal information provided during registration is accurate, and that they will compensate the SELLER for any damages caused by incorrect information.

9.13. The BUYER agrees to comply with legal regulations and not to engage in unlawful activities on the SELLER's website.

9.14. The BUYER cannot use the website for illegal purposes or in a manner that violates public order, general ethics, or harms others.

9.15. The website may contain links to external websites or content, but these are not endorsed or guaranteed by the SELLER.

9.16. The BUYER is responsible for any violations of these terms and will indemnify the SELLER for any legal consequences.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER has the right to withdraw from the contract within 14 days from the delivery of the product without any legal or criminal responsibility, provided that they notify the SELLER.

10.2. To exercise the right of withdrawal, the BUYER must send a written notice (by registered mail, fax, or email) within the 14-day period, and the product must not have been used as per the “Products for Which Withdrawal Right Cannot Be Used” provisions.

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

The right of withdrawal does not apply to goods specifically made for the BUYER's personal needs, perishable items, hygiene-sensitive goods, and other items excluded under the Regulation.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER agrees that in case of a default, they will be responsible for any charges or penalties arising from late payments.

13. COMPETENT COURT

In disputes arising from this Agreement, complaints and objections will be made to the consumer arbitration committees or consumer courts located at the consumer’s place of residence or the place where the consumer transaction was carried out, within the financial limits specified in the relevant law. The information regarding the monetary limits is as follows:

Effective from 28/05/2014:

a) For disputes with a value below 2,000.00 TL (two thousand), the district consumer arbitration committees will have jurisdiction.

b) For disputes with a value below 3,000.00 TL (three thousand), the provincial consumer arbitration committees will have jurisdiction.

c) In cities with a metropolitan status, disputes with a value between 2,000.00 TL (two thousand) and 3,000.00 TL (three thousand) will be addressed by the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

The BUYER is considered to have accepted all the terms of this Agreement once the payment for the order placed through the website is completed. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER acknowledges and accepts the terms of this Agreement before the order is processed.

SELLER: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.

BUYER: [invoice-name]

DATE: [date]