Distance Selling Agreement2
E-COMMERCE DISTANCE SALES CONTRACT
Article 1 - Parties
1.1. Seller Name: Beyaz Swingal Muzik Prod. Tic. Ltd. Sty.
Address: Şahkulu, Seraskerci Çk. No:4 D:A, 34421 Beyoğlu/Istanbul
Phone: (0212) 287 10 84
E-mail: info@analogkultur.com
1.2. Recipient Name - Surname:
TCK. Number:
Address:
Telephone:
E-mail:
Article 2- Subject
The subject of this contract is the Turkish Commercial Code, the Code of Obligations and the Law on the Protection of Consumers No. 6502 and the Law on the Protection of Consumers No. 6502, regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's website www.analogkultur.com. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Contracts. The buyer, seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has been informed by the seller in a clear, understandable manner and in accordance with the internet environment, confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract. The preliminary information on www.analogkultur.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contract Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer agrees to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the buyer also accepts any liability that may arise from this situation. The SELLER reserves the right to stop the order when deemed necessary, if the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.
Product/Products Received
Name, code: … quantity
Total Sales Price: …. –TL/USD/EUR
Payment Method: Credit Card/Bank Transfer (EFT)
Person to be delivered:
Phone number :
Delivery Address:
Person/Institution to be Invoiced:
Billing address :
Tax Administration :
Tax Registration Number:
Shipping Fee: … -TL/USD
In countries where the delivery address is outside Turkey, shipping costs and extra expenses that may arise at customs will be added separately.
Article 4- Contract Date and Force Majeure
The contract date is ../../…, which is the date the order was placed by the buyer. It is historical.
Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The seller accepts and undertakes to fully fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, except for force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop at www.analogkultur.com. By purchasing from the website, the buyer undertakes that he is over 18 years of age. If a user who is not older than 18 years of age accesses www. The Seller cannot be held responsible in any way for the actions taken by opening an account on analogkultur.com .
5.3. Due to price inaccuracies caused by system errors , www. analogkultur.com is not responsible. Accordingly, the seller is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The buyer cannot make a claim against the seller based on system errors.
5.4. www. You can shop at analogkultur.com by credit card (Iyzico, Visa, MasterCard etc.) or bank transfer. Orders that are not transferred within 1 business day from the order date will be canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as pre-paid postage or postal check made without consulting customer services are not accepted.
5.5. The technical specifications of the products ordered by the buyer are primarily included in the technical documents of the manufacturer. Errors and inaccuracies in the data provided by the manufacturer can be found at www. analogkultur.com is not responsible. www. Technical or visual information published on the analogkultur.com site is solely for the convenience of its customers; the suitability of the published data is entirely at the discretion of the buyer. Preliminary information from the seller does not constitute a warranty.
5.6. There may be differences in color, size and text between the product shown in the image and the product delivered due to the web environment. The main criterion is the manufacturer's technical data regarding the product.
5.7. Technical data is updated by the manufacturers at certain intervals. www. Although analogkultur.com follows these updates closely and uploads them to the site, it cannot guarantee 100% compatibility with the products in its stock .
5.8. www. If analogkultur.com provides a direct link to a website, all responsibility for the content and use of the link given belongs to the user and www. analogkultur.com has no liability .
5.9. All technical data and images on www.analogkultur.com are not used by the user for any reason or commercial purposes.
5.10. Orders placed from www.analogkultur.com outside working hours, on weekends and public holidays, or on dates when the whole or a certain part of the company is considered to be on administrative leave will be processed within the first business day after the payments are transferred to the accounts.
5.11. Product stocks appearing on the www.analogkultur.com website may vary as more than one order may be placed by different people for the same product at the same time. Therefore, the final product stock that can be purchased will be the products approved by the system during the order, not the products placed in the basket.
5.12. While shopping on www.analogkultur.com, instant fluctuations in prices may occur due to changes in exchange rates. At this point, the final pricing is the prices that appear in the order confirmation email.
5.13. It reserves the right to cancel or change all campaigns and promotions offered to its users on its websites without the need for any announcement.
5.14. A shipping fee is charged for all orders under 500 TL. This fee is a fee that will be reflected in the amount that the buyer will pay and on his invoice, even if he has received his order from the seller's warehouse or branches, and will be collected from the buyer.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on him in the contract, excluding force majeure.
6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer can view the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from the www.analogkultur.com website. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.4. Subject to the previous article, the Buyer shall be able to access https://analogkultur.com/pages/kargo-ve-iade-1 and https://analogkultur, where product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made. com/pages/terms-and-conditions procedure information and declares that he/she has given the necessary confirmation electronically.
6.5. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, not to tear or destroy the banderol, not to have used the product in any way, not to have replaced it with another product, and to return the original invoice and delivery note at the time of return.
6.6. After the product to be returned due to any defect is delivered to our company via the contracted cargo company, the product is subjected to technical examination. If the return of the product is accepted according to the conformity report given as a result of this examination, the buyer will be contacted and either replaced with another available product or a refund will be given.
6.7.If the value of the product decreases or the return becomes impossible due to a reason caused by the buyer's fault, the buyer is obliged to compensate the seller for the damages in proportion to the fault. If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
Article 7- Order/Payment Procedure
Order: After the TL amount, including VAT, of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the buyer, it is processed through the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent.
Only materials that appear to be in stock can be ordered via www.analogkultur.com. To order products that are currently out of stock, you can send an e-mail to info@analogkultur.com.
Any disruption in the process or problems that may arise with the credit card will be notified to the buyer by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justifiable reason and/or a stock problem is encountered, if the buyer is immediately informed clearly and understandably and gives approval, another good of equal quality and equivalent price can be sent to the buyer, or in line with the buyer's desire and choice, Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be canceled by the buyer or seller.
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the buyer is informed of this situation, the total price paid and any documents that put him in debt, if any, are returned to him within ten days at the latest and the contract is cancelled. In such a case, the buyer will not claim any additional material or moral damage from the seller.
Payment:
For purchases made via analogkultur.com, product prices are displayed in EURO currency on the product selection screen and in the basket. When the order is completed and the payment screen appears, it is calculated based on the US Dollar exchange rate of that day, converted into Turkish Lira and invoiced in Turkish Lira.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer will not be entitled to the product delivered to him or the person he designated. It is mandatory to send it to the Seller within 1 day. In such cases, shipping costs belong to the Buyer.
If the BUYER has chosen to pay by credit card, the BUYER accepts that he/she will also confirm the relevant interest rates and information regarding default interest from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes.
Article 8- Shipment/Delivery Procedure
Shipment:
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company that the seller has a contract with.
Delivery:
The product(s) will be delivered to the buyer's address by cargo agreed upon by the seller. Delivery time is 30 days from the sending of the Order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in advance in writing or via a permanent data carrier.
For deliveries outside Turkey, additional periods that may arise due to customs procedures will also be added.
The buyer acknowledges that analogkultur.com reserves the right to cancel the sale without stating any reason, depending on the delivery location.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. The buyer cannot impose any liability on the seller due to these sags. If the product is to be delivered to a person/organization other than the Buyer, the buyer is responsible for the extra shipping costs and delays that may arise due to the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the Buyer at the buyer's location, but the seller is not responsible. If the product(s) have not reached the customer within the specified days, delivery problems must be reported immediately to customer services using the e-mail address info@analogkultur.com. In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, the buyer has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the seller's Customer Services as soon as possible, with the copy of the report remaining with the Buyer.
Article 9- Procedure for Product Return and Right of Withdrawal
Products purchased through www.analogkultur.com have the right of withdrawal or return under the following conditions.
9.1. Within the scope of the Consumer Protection Law No. 6502, the buyer has the right to return the product(s) purchased by using the right of withdrawal within 14 days after receiving it from the cargo company, without specifying any conditions. To exercise your right of withdrawal, there is a "Cancellation and Refund" option under the "My Orders" tab on the website. After clicking on the return option, the form that opens must be filled out completely. In this context, if the product/products to be returned are sent to the seller through the cargo company that the seller has an agreement with, the buyer will not pay any shipping fee. The conditions within the scope of return are as follows: • The "Return Form" in the My Account tab must be filled out completely. • It must be made within 14 days at the latest from the cargo company's delivery of the order to the buyer. • In accordance with the general communiqué of the Tax Procedure Law No. 385, the invoice of the product(s) must be filled out and signed in the return sections at the bottom, and sent together with the delivery note, if any, within 10 days from the date of notification of withdrawal. (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.) • It must be returned in its original packaging and/or in the form of Özdisan Elektronik A.Ş. The packages prepared by us must be unopened, intact and the banderol must not be torn or destroyed. • It is not possible to return products that have been clearly prepared in line with the customer's special needs (custom design). 9.2. If the above conditions are met, the product(s) to be returned will be sent to Özdisan Elektronik A.Ş. and, if necessary, the products are examined by their manufacturers and evaluated whether they are suitable for return. The duration of this process is 1-15 days. If the products are deemed suitable for return, the product price will be refunded to the buyer using the payment method used for the purchase. The duration of this is maximum 10 days. Due to bank-related delays in credit cards, Özdisan Elektronik A.Ş. is not responsible. 9.3. The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in value. If the seller thinks that it is impossible to return the goods sent by the buyer, he must notify the buyer within 3 days from the date of receipt of the goods. 9.4. In case of return of goods and services purchased by card, the seller cannot pay the buyer in cash, in accordance with the contract made with the Bank. In case of a refund transaction, the member business, that is, the seller, will make the refund through the relevant software, and since the member business, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or as an offset, payment cannot be made to the buyer in cash, in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank in one lump sum. 9.5. In commercial works outside the scope of Law No. 6502, the provisions of the Turkish Commercial Code will apply in matters related to defects, hidden defects or returns. Article 10 - Warranty www.ozdisan.com assists the buyer to initiate the warranty process within a period determined by the manufacturer, only if the products purchased from the manufacturers have transferable manufacturer warranties. At this point, the buyer must deliver the damaged/defective product he wants to return to the seller. If it is understood that an imitation, imitation or non-original product is intended to be returned instead of the original, the company is free to take the actions required by the applicable laws. At this point, all responsibility belongs to the buyer. There is no concrete and positive warranty for the products that www.ozdisan.com supplies other than the manufacturers. In this case, the warranty is entirely at the discretion of the seller. www.ozdisan.com is not responsible for any claims that may arise under these conditions. The seller's warranty liability is valid only for consumers falling within the scope of Law No. 6502. For commercial works, the provisions of the Turkish Commercial Code will apply. Article 11 - Confidentiality The information specified by the buyer in this contract and the information provided to the seller for the purpose of payment will not be shared with third parties by the seller. The seller will be able to disclose this information only within the scope of administrative/legal obligation. If the seller has the information requested from him within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority. Credit Card information is never stored. Credit Card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after the provision. Information such as the buyer's e-mail address, postal address and telephone are used only by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after his/her approval. In cases of criminal violation of the site's security or terms of use by the user, the information of the relevant person that will be useful for identification and prosecution will be shared with law enforcement. Article 12- Website Security www.ozdisan.com uses RapidSSL TLS 1.0 version, one of the most advanced encryption systems. This is an encryption protocol that enables secure communication over a computer network. In order to use this protocol actively on your computer, you need a secure browser that supports the protocol. If you log in to the site from a secure browser, you will transfer your information to us in the safest way. But it should not be forgotten that the reliability of any data on the internet is not one hundred percent. At this point, the risk of your personal information belongs to you. Article 13 - Access to the Site, Protection of Account Information In order to shop from www.ozdisan.com, the buyer must create a username and password. This username and password is determined only by the shopper and is specific to that person. Username and password must be correct and complete. Both username and password will be referred to as the buyer's identity, and the security and confidentiality of this identity is entirely the responsibility of the buyer. The buyer will be fully responsible for any activities carried out by different persons or institutions on the site using the buyer's identity information. Therefore, if the buyer notices that anyone other than the buyer has logged in to the site with the buyer's identity, he/she should send an e-mail to info@ozdisan.com complaining about this situation. www.ozdisan.com reserves the right to monitor identification information and request that it be changed or deleted at its own discretion. The buyer knows that no data on the Internet is 100% secure. Even though www.ozdisan.com uses the most advanced security systems, it knows and accepts that there are risks regarding the use of information by malicious third parties and that Özdisana has no liability in this regard. Article 14 - Competent Courts and Enforcement Offices in Case of Dispute In case of a dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Buyer or Seller are authorized up to the value declared by the Ministry of Industry and Trade in December every year. Istanbul Anatolian Courts and Enforcement Offices will be authorized and responsible for matters of a commercial nature that are not within the scope of the Law on Consumer Protection No. 6502. If the order is placed, the Buyer is deemed to have accepted all the conditions of this agreement. …/…/… Seller Buyer Özdisan Elektronik Sanayi Ve Tic A.Ş.