DISTANCE SALES CONTRACT
1. PARTIES AND SUBJECT
This Distance Selling Agreement ("Agreement") is between the address and information specified in Article 6 ("BUYER") and the address and information specified in Article 5. Rota Consultancy and Communication Services Ltd. Co. ("SELLER") has been established electronically within the framework of the terms and conditions specified below.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms written below will refer to the written explanations opposite them.
BUYER :
A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
Ministry :
Ministry of Commerce,
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,
Website :
The SELLER's website named www.onecovery.com,
Law :
Consumer Protection Law,
SALES PERSON :
A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,
Ordered by :
A natural or legal person who requests a product or service through the SELLER's website www.onecovery.com,
Agreement :
This Agreement concluded between SELLER and BUYER,
Parties :
SELLER and BUYER,
Product or Products :
Movable goods, real estate for residential or holiday purposes, and all kinds of software, sound, image and similar products prepared for use in electronic environment,
Regulation :
Refers to the Distance Selling Regulation.
TOPIC 3
This Agreement has been prepared in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The Parties accept and declare that they are aware of and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER has 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 they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
4.1. The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations on the relevant pages and sections of the Website before the BUYER accepts and establishes this Agreement on the Website and before placing an order or assuming the payment obligation.
a) SELLER's title, contact information and current introductory information,
b) Appropriate tools and methods for the stages of the sales process when purchasing the Products from the Website and for correcting incorrectly entered information,
c) The confidentiality, data usage-processing and electronic communication rules applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of the parties to use their rights,
d) Shipping restrictions for the products as set forth by the SELLER,
e) Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses) (Deliveries within Turkey will be covered by the SELLER),
f) Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
g) Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
h) Products and other goods and services for which the BUYER does not have the right of withdrawal,
i) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose the right of withdrawal if the right is not exercised within the time limit,
i) For Products with a right of withdrawal, if the Product is damaged or changes due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
j) In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
k) Details of the conditions (special conditions) for benefiting from various opportunities that may be applied from time to time on the BUYER's Website,
l) Depending on its nature, this Agreement and all other sales conditions included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established by the BUYER on the WEBSITE, and the SELLER may keep it for a period of three years.
m) In case of dispute, the BUYER can submit his complaints to the SELLER through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Title :
Rota Consulting and Communication Services Ltd.
Address :
Gumussuyu District Kazanci Hill Street No:41/A Beyoglu - Istanbul
Tax Office / Number :
Beyoglu - 9060314057
Telephone :
0212 244 72 70
Email address :
Website :
6. BUYER INFORMATION
Person to be Delivered :
Delivery Address :
Telephone :
Email/Username :
7. ORDERING PERSON INFORMATION
Name/Surname/Title :
Address :
Telephone :
Email/Username :
8. INVOICE INFORMATION
Name/Surname/Title :
Address :
Telephone :
Fax :
Email/Username :
9. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
9.1. The basic features of the product(s) are listed on the relevant page where the product is advertised, on the order summary page and below.
9.2. 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.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description
Piece
Net Price
VAT
Total Amount (VAT Included)
Total
Delivery Address :
Person to be Delivered :
Order Date :
Delivery Method :
Delivery Address :
Delivery Method :
Delivery to Buyer
9.4. For sales within Turkey, additional charges such as shipping costs, any other taxes, official duties etc. will be paid by the SELLER.
9.5. SELLER shall start shipments within 14 (fourteen) days from the date the order is created. SELLER may not be able to deliver the product subject to the contract within the specified time due to extraordinary circumstances such as force majeure, situations declared as pandemic by the World Health Organization, war, mobilization, strict management, curfew declared throughout Turkey or in certain provinces affecting cargo operations, adverse weather conditions preventing transportation, interruption of transportation. In this case, SELLER shall make the necessary notifications to BUYER.
10. GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the Product subject to the Agreement on the Website, and that he/she has been informed and has given the necessary confirmation electronically. The BUYER's electronic confirmation of the Preliminary Information means that he/she has received the address that should have been given to the BUYER by the SELLER before the establishment of this Agreement, the basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information correctly and completely.
10.2. 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 of the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event of failure to fulfill its obligation within this period, the BUYER may terminate the Contract.
10.3. 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.
10.4. 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.
10.5. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution but for which a failed code is sent by the bank and/or financial institution for any reason.
10.6. 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 10 days, the shipping costs being borne by the SELLER.
10.7. If the SELLER cannot deliver the product subject to the Contract within the specified time due to force majeure events such as unforeseen circumstances that develop beyond the will of the Parties and prevent and/or delay the fulfillment of the Parties' 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 product subject to the Contract with a similar one, if any, and/or postpone the delivery period until the elimination of the preventive situation. 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 single payment within 14 (fourteen) days. In the payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 10 (ten) days after the order is cancelled by the BUYER. Since the reflection of the amount in the BUYER's account after the refund to the bank is entirely related to the Bank's transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays.
10.8. The BUYER is responsible for checking the Product upon receipt and, if he/she sees a problem with the product caused by the cargo, not accepting the product and having a report drawn up by the cargo company officer. Otherwise, the SELLER will not accept any responsibility.
10.9. 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 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
10.11. 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.
10.12. 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.).
10.13. 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.
10.14. The BUYER who violates one or more of the articles listed in this Agreement shall be personally liable for such violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, if the incident is brought to the legal field due to such violation, the SELLER reserves the right to claim compensation from the BUYER for non-compliance with the Agreement.
11. SPECIAL CONDITIONS
11.1. SELLER may, at its sole discretion, organize various campaigns for BUYER on the Website at various times, the terms of which will be determined by SELLER. However, if BUYER returns the products purchased for any reason, such as return, right of withdrawal, etc. and the campaign conditions arranged by SELLER cannot be met for any reason, the discount amount/benefit utilized within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to BUYER.
11.2. If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that it will not make any claims in such a case.
11.3. SELLER reserves the right to stop, update and change the campaign conditions announced on the Website at any time. BUYER must review the campaign conditions before each purchase from the Website.
12. PROTECTION OF PERSONAL DATA
12.1. The BUYER's name/surname, contact information, invoice and payment information will be processed within the scope of the establishment and execution of the contract pursuant to the Law on the Protection of Personal Data No. 6698 ("KVKK"). For the data to be obtained for marketing purposes other than this, the BUYER's explicit consent will be sought. Detailed procedures regarding the security and processing of personal data are included in the document titled Privacy and Protection of Personal Data and sub-documents on the Website. In accordance with the current legislation, commercial electronic communication may be made to the BUYERS by the SELLER to the e-mail/mail accounts they have provided with the BUYERS' consent for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications. The BUYER may withdraw his/her consent to receiving commercial electronic messages at any time.
12.2. Within the scope of KVKK, the Data Controller is the SELLER and it agrees to comply with all its responsibilities and obligations under the Law.
12.3. The BUYER has the right to apply to the Data Controller at any time within the scope of the Law and learn whether his/her personal data has been processed, to request information about the processed personal data, if any, to learn the purpose of processing personal data and whether these data are used in accordance with the purpose, to know the third parties to whom his/her personal data has been transferred, to request correction of errors in his/her personal data and to request this correction from the relevant third party if a transfer has been made, to request the deletion, destruction or anonymization of these data if the reasons requiring the processing of personal data are eliminated and to request that this request be communicated to the third party to whom the data has been transferred if a transfer has been made, to object to any negative result related to the person as a result of the processed data, and to claim compensation within the framework of the law in case of damages arising from data processing contrary to the Law.
13. RIGHT OF WITHDRAWAL
13.1. In distance contracts related to the sale of goods, the BUYER may exercise his right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product to him or to the person/institution at the address he indicated. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The BUYER must send the notification of the use of his right of withdrawal to the SELLER via e-mail to the above-mentioned address (hello@onecovery.com) within this period.
13.2. The process for the refund of the product price to the BUYER shall be initiated within 14 (fourteen) days from the date on which the BUYER's notice of withdrawal reaches the SELLER. In the event that the right of withdrawal is exercised, the returned products must be returned via the cargo company that the SELLER has an agreement with and that it will announce to its customers via the website. The expenses arising from the exercise of the right of withdrawal shall belong to the SELLER if the product(s) are sent back via the cargo company that the SELLER has an agreement with. If the value of the goods decreases due to a reason resulting from the BUYER's fault or if return becomes impossible, the BUYER shall be obliged to compensate the SELLER for its damages to the extent of its fault.
13.3. In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the BUYER or a third party determined by the BUYER receives the last goods,
b) For goods consisting of more than one piece, the day the BUYER or a third party designated by the BUYER receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the BUYER or a third party determined by the BUYER receives the first goods is taken into account.
13.4. The cases in which the right of withdrawal cannot be exercised are specified in Article 15 of the Distance Contracts Regulation, and the BUYER cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
e) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
h) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
i) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
13.5. Obligations of the BUYER who exercises his right of withdrawal:
Unless the SELLER makes an offer to take back the goods, the BUYER must send the goods back to the SELLER within 10 (ten) days from the date of notification of exercising the right of withdrawal.
14. EVIDENCE AGREEMENT AND COMPETENT COURT
14.1 In the implementation of this contract, Consumer Arbitration Committees, and generally Consumer Courts in the SELLER's place of residence, are authorized up to the values specified in Article 68 of the Law. If the order is approved, the BUYER is deemed to have accepted all the terms of this contract. The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court where the goods or services were purchased or where the SELLER resides, within the monetary limits determined in accordance with Article 68 of the Law. Information regarding the monetary limit is provided below. These monetary limits are applied as of the beginning of each calendar year, increasing by the valuation rate determined and announced in accordance with the provisions of Article 298 of the Tax Procedure Law No. 213 for that year:
14.2 In case of dispute, the BUYER may apply to District/Provincial Arbitration Committees and Consumer Courts in accordance with Article 68 of the Law on Consumer Protection No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 27.11.2014 and numbered 29188 and amended by the Official Gazette dated 02.05.2020 and numbered 31115.
14.3 Although no monetary limitation is foreseen, consumer transactions and disputes that may arise from consumer-oriented practices may be referred to Consumer Courts.
15. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default in transactions made with credit card, the cardholder bank will pay interest within the framework of the credit card agreement made with the BUYER and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from BUYER and in any case, in case BUYER defaults due to his debt, BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by SELLER due to delayed payment of the debt.
16. ENFORCEMENT
If the payment for the order placed through the Site is made, the BUYER will be deemed to have accepted all the terms of this Agreement.
SELLER: Onecovery - Rota Consulting and Communication Services Ltd.
BUYER: -
HISTORY: -