DISTANCE SALES AGREEMENT
PARTIES
This Distance Sales Agreement (“Agreement”) has been electronically signed between the Seller and Buyer whose information is provided below. The parties acknowledge, declare, and undertake that they have read the entire Agreement, fully understood its content, and approved all its provisions.
SELLER:
Seller's Title: SEÇİL TÜREDİ - THE GOATZ
Seller's Address: Fevzipaşa Mah. Medrese Sok. No:1 D:2 17000 Çanakkale/Merkez TURKEY
Seller's Email Address: info@thegoatz.co
BUYER:
Buyer's Name/Surname:
Buyer's Address:
Buyer's Phone:
Buyer's Email Address:
ESTABLISHMENT OF THE AGREEMENT
The Buyer acknowledges that they have read, understood, and are aware of their rights and obligations under this Agreement.
The parties agree that there is no disproportion between the performance agreed upon in the contract and that the mutual performances are suitable for the nature of the work, and that they have no lack of experience in the transactions covered by the contract.
The Buyer accepts that they have fully convinced themselves that the transactions covered by the contract are in their best interest and that they will comply with all terms freely, without any difficulty or distress, after due consideration.
The parties acknowledge that the provisions of this Agreement do not contain any features that could be deemed unfair terms, and there is no injustice in terms of the balance of interests.
The provisions of this Agreement do not contain any unfair terms according to the regulations on unfair terms in consumer contracts. The provisions do not violate the rules of honesty and good faith and have been prepared in accordance with the legislation on consumer protection.
The provisions of this Agreement have been prepared considering the provisions of the Turkish Code of Obligations. The binding nature and content review stipulated in Article 21 of the Turkish Code of Obligations have been carried out by the Buyer. None of the provisions of this Agreement contain foreign (surprising terms) characteristics regarding the nature of this Agreement and the work’s essence. The provisions of this Agreement are written clearly and understandably and do not express multiple meanings.
SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is the sale and delivery of the product, the characteristics and sale price of which are specified below, that the Buyer orders electronically from the Seller's website www.thegoatz.co (“Site”), in accordance with the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, and the determination of the parties' rights and obligations.
ESSENTIAL QUALITIES OF THE PRODUCT OR SERVICE SUBJECT TO THE AGREEMENT
The essential qualities, sale price, delivery, and payment terms of the product subject to this Agreement are as follows:
Product Code and Name Quantity Unit Price (including VAT) Shipping Cost Discount/Coupon Total Price (including VAT)
PAYMENT AND DELIVERY TERMS
Total product price excluding shipping:
Shipping Cost:
Total product price including shipping and all taxes:
Payment Method:
Number of Installments:
Additional Cost to be Paid by Buyer:
Delivery Address:
Recipient to be Delivered:
The total product price stated above is collected from the Buyer by SEÇİL TÜREDİ - THE GOATZ
DELIVERY
The product(s) subject to the Agreement shall be delivered to the Buyer or the person/organization at the address specified by the Buyer within a maximum legal period of 30 (thirty) days following the receipt of the order by the Seller, depending on the distance of the Buyer’s delivery address.
To avoid any doubt, the delivery of the product(s) subject to this Agreement requires that the Agreement and the Preliminary Information Form have been electronically confirmed by the Buyer and that the price of the product(s) has been paid fully and completely with the payment method chosen by the Buyer. If, for any reason, the product price is not paid, is paid partially, or is canceled in the bank records, the Seller is considered exempt from the obligation to deliver the product.
In cases where it becomes impossible to fulfill the provision of the goods or services ordered, the Seller shall notify the Buyer in writing or via a permanent data provider within 3 (three) days of learning about this situation, and shall refund all payments collected, including delivery charges, to the Buyer within 14 (fourteen) days from the date of notification.
BUYER’S DECLARATIONS AND COMMITMENTS
The Buyer accepts, declares, and undertakes that they have read and informed themselves about the essential qualities of the goods or services, the sale price, and the payment terms, as well as the delivery and shipping fees, and that they have given the necessary confirmation electronically and that by confirming the order through the Site, they have entered into a PAYMENT OBLIGATION.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer acknowledges that they have also received the information that must be provided to them by the Seller before the conclusion of distance contracts, including the address, the essential characteristics of the ordered goods or services, the price including taxes, payment, and delivery information correctly and completely.
If, after the delivery of the goods or services, the Buyer’s credit card is unlawfully or illegally used by unauthorized persons without the fault of the Buyer, and the bank or financial institution does not pay the price of the goods or services to the Seller, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that the goods or services have been delivered to them. In this case, the delivery costs are the responsibility of the Buyer.
If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the acceptance of the delivery by the recipient.
SELLER’S DECLARATIONS AND COMMITMENTS
The Seller is responsible for delivering the goods or services that are sound, complete, and compliant with the characteristics stated in the order, and if applicable, with warranty certificates and user manuals to the Buyer in accordance with consumer legislation.
The Seller may provide a different product of equal quality and price to the Buyer, with a valid reason, by informing the Buyer and obtaining their explicit consent before the deadline for fulfilling the obligation arising from the Agreement.
BUYER’S RIGHT OF WITHDRAWAL
The Buyer may exercise their right of withdrawal without incurring any legal and criminal liability and without stating any reasons within 7 (saven) days from the date the Buyer or a third party designated by the Buyer receives the goods in contracts regarding the delivery of goods, and from the date the contract is established in contracts regarding the provision of services.
The Buyer may exercise the right of withdrawal by filling out the withdrawal form delivered with the order or by sending a clear statement informing the Seller of their withdrawal decision. The form or clear withdrawal statement must be submitted to the Seller in writing or via a permanent data provider before the expiry of the withdrawal right. The contact information for the Seller to submit the withdrawal notification is as follows:
Address: Fevzipaşa Mah. Medrese Sok. No:1 D:2 17010 Çanakkale/Merkez TURKEY
Email: info@thegoatz.co
The Seller will refund all payments made by the Buyer for the relevant goods or services, including delivery costs, within 14 (fourteen) days from the date the notification of the exercise of the withdrawal right is received, in a single transaction, in accordance with the payment method used during the purchase, without imposing any costs or obligations on the consumer.
In case the goods are returned through the cargo company indicated in the withdrawal form, the Buyer shall not be held responsible for the return shipping costs. If the Buyer sends the goods for return via a cargo company other than the Seller’s contracted cargo company specified in this Agreement, the Seller shall not be liable for the return shipping costs and any damage that may occur to the goods during the shipping process.
The Buyer must return the goods within 10 (ten) days from the date they have notified the Seller of their exercise of the right of withdrawal. The goods to be returned must be complete and undamaged, including the invoice, box, packaging, any standard accessories, and any other products given as gifts due to the purchase of the goods. The Buyer must use the goods in accordance with their operation, technical specifications, and usage instructions during the withdrawal period; otherwise, they will be responsible for any changes and damages that occur to the goods.
9. CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The Buyer acknowledges, declares, and undertakes that they cannot exercise the right of withdrawal in the following cases:
Contracts for goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the seller or provider.
Contracts for goods prepared in accordance with the consumer's wishes or personal needs.
Contracts for the delivery of goods that can spoil quickly or whose expiration date may pass.
Contracts for goods whose protective elements such as packaging, tape, seal, or packet have been opened after delivery; concerning the delivery of those that are not suitable for return due to health and hygiene reasons.
Contracts for goods that have been mixed with other products after delivery and which, by their nature, cannot be separated.
Contracts for physical books, digital content, and computer consumables if the protective elements such as packaging, tape, seal, or packet have been opened after delivery.
Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
Contracts for accommodation, the transport of goods, car rental, food and beverage supply, and contracts for leisure or entertainment activities that must be performed on a specific date or within a certain period.
Contracts for services performed immediately in the electronic environment or for intangible goods delivered immediately to the consumer.
Contracts for services whose performance has commenced with the consumer's consent before the withdrawal period has expired.
10. SELLER'S COMPLAINT RESOLUTION METHOD
The Buyer may directly submit their complaints regarding the purchased goods and/or services to the Seller (using the contact addresses of the Seller mentioned in the Parties section above). Upon receipt of the complaint, the Seller will provide all possible support to resolve the issue.
11. DEFAULT AND LEGAL CONSEQUENCES
In the event of default by the Buyer regarding transactions made with a credit card, the Buyer will be responsible to the bank for the credit card agreement made between them and the bank. In this case, the relevant bank may resort to legal action and request any incurred costs and attorney fees from the Buyer. In any case of the Buyer's default, the Buyer will be responsible for any damage and loss suffered by the Seller.
12. INTELLECTUAL PROPERTY
The Buyer acknowledges and declares that all rights arising from the designs used in the products produced by the Seller, including special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients, and solid color tones, as well as all graphic designs, illustrations, drawings, designs, and the elements used in the designs of the products sold on the Site are owned by the Seller under the Copyright and Related Rights Law (CRRL).
All intellectual and industrial rights and ownership rights regarding all information and content on the Site, as well as their organization, revision, and partial/full use, belong to the Seller, excluding those owned by other third parties according to the Seller's agreement. The products purchased by the Buyer cannot be altered, copied, distributed, reproduced, published, used for derivative works, transferred, or sold in any way. The Buyer agrees and undertakes not to use the purchased product for illegal purposes and/or in prohibited ways. Otherwise, all legal and criminal liability arising therefrom will be borne by the Buyer, and the Seller reserves the right to any compensation and other claims against any claims and demands that may be made against them by third parties or authorized authorities due to such unauthorized use.
13. DISPUTE RESOLUTION
In disputes arising from the Contract, applications regarding the dispute may be made to the Consumer Arbitration Committees in the place where the Buyer purchased the product or where their residence is located, up to the value announced by the Ministry of Customs and Trade each year. For disputes exceeding this value, applications may be made to the Consumer Courts.
14. EFFECTIVENESS
This Agreement has been executed and entered into force by the Buyer's electronic approval on […] date. Transactions made through the Site are considered as binding declarations of will in accordance with the Turkish Code of Obligations, consumer legislation, and applicable regulations.
This Agreement text will be sent via email to the email address provided by the Seller immediately after approval and will be kept by the Seller for three (3) years. The Buyer may request access to a copy of this Agreement from the Seller by sending a request to info@thegoatz.co.
SELLER
SEÇİL TÜREDİ - THE GOATZ
BUYER
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