DISTANCE SELLING AGREEMENT
1. PARTIES
This Distance Selling Agreement (hereinafter referred to as the “Agreement”) is concluded between “Gürpınar Su Sanayi ve Ticaret Anonim Şirketi” (hereinafter referred to as the “Seller”), acting in the capacity of the Seller, whose detailed information is provided below:
Seller | Gürpınar Su Sanayi ve Ticaret Anonim Şirketi |
Mersis No | 0086045949200018 |
Address | Küçükbakkalköy Mah. Rüstemağa Sk. Inmak Plaza No:2A Ataşehir / İstanbul |
Phone | 0 212 263 18 85 – 86 |
Customer Service Phone | 444 9 557 |
Fax | |
E-mail | |
Bank Account Branch Code Account No IBAN | HALKBANK MITHATPAŞA /ANKARA 396 10261784 TR760001200939600010261784 |
Under this Agreement, “________” (hereinafter referred to as the “Buyer” or the “Consumer”) shall act in the capacity of the Buyer, and the Buyer’s detailed information is provided below:
Buyer/Consumer’s Name, Surname/Title | |
Address | |
Phone | |
E-mail | |
The subject of this Agreement is to determine the rights and obligations of the Parties, within the framework of the provisions of the Law No. 6502 on the Protection of Consumers (“Law”) and the Regulation on Distance Contracts (“Regulation”), regarding the sale and delivery of the products, the qualities and characteristics of which are specified herein and whose sales price is indicated, ordered electronically by the Buyer through the website www.gurpinarsu.com.tr (hereinafter referred to as the “Website”), which is owned and operated solely for the sale of the Seller’s products.
By accepting this Agreement, the Buyer hereby acknowledges in advance that, upon confirming the order subject to this Agreement, the Buyer shall be under the obligation to pay the price of the order and any additional costs such as shipping fees and taxes, if applicable, and that the Buyer has been duly informed in this respect.
The Buyer hereby acknowledges and declares that, before the conclusion of this Agreement, the Buyer has duly read, reviewed, and been informed of all explanations provided on the Seller’s website and the pre-contractual information form communicated to the Buyer during the sales process regarding the following matters:
4.1 The product subject to this Agreement possesses the characteristics detailed below. The Buyer acknowledges, declares, and undertakes that they have purchased the product specified below through the Website.
Details of the Product Sold
4.2 The price of the product purchased by the Buyer from the Seller via the Website, the method of payment, and the invoice details (based on the information provided by the Buyer) are as follows:
Unit Price | |
VAT Amount | |
Sales Price | |
Payment Method | |
Invoice Details | |
Delivery Fee | |
4.3 The delivery address of the product, as notified by the Buyer, and the related details are as follows:
Product Delivery Address | |
Buyer’s Contact Information | |
Recipient of the Product | |
4.4 The product shall be delivered, together with its invoice, properly packaged and in good condition, to the delivery address specified by the Buyer on the Website, or to the person/entity designated at such address, no later than the same day.
5.1 The Buyer acknowledges and declares that they have been informed of all preliminary information regarding the characteristics of the products subject to this Agreement, their sales price, payment method, delivery process, return conditions, and the right of withdrawal through the “Pre-Contractual Information Form” made available both on the Website and via e-mail. The Buyer further confirms that they have approved and confirmed such information electronically and via the “Pre-Contractual Information Form” sent to them, and, on this basis, has placed an order with the Seller under the terms of this Agreement.
5.2 The “Pre-Contractual Information Form,” which is sent to the Buyer’s e-mail address, presented to the Buyer for review and approval online before the conclusion of the Agreement, and also made available as a draft on the Website, shall be deemed an integral part of this Agreement. The type and nature, quantity, brand/model, color, and sales price of the product (including all applicable taxes) are as specified on the product’s information page on the Website and within this Agreement.
5.3 The Pre-Contractual Information Form and the provisions of this Agreement are sent to the electronic mail address provided by the Buyer. The said e-mail also includes an order confirmation and an order summary.
5.4 The prices of the products are as indicated on the Website. The prices listed and announced on the Website are the sales prices. These prices include VAT and other applicable taxes but do not include delivery charges. The announced prices and promises remain valid until updated or amended. Time-limited prices are valid until the specified expiry date. The delivery fee shall be determined according to the delivery procedure stated on the Website, and, if applicable, will be notified to the Buyer at the time of purchase.
5.5 The Seller shall not be held liable for price update errors on the Website arising from technical reasons, provided that the Seller has fulfilled all obligations incumbent upon them.
5.6 For the Buyer to make payments by credit card, the Buyer must accurately fill in the required credit card information on the Website. The Buyer may pay in a single installment via credit card, or in multiple installments according to the installment policy applied by the relevant bank. For installment transactions, the applicable provisions of the agreement signed between the Buyer and the Bank shall apply. The Bank may, at its discretion, offer campaigns applying a greater number of installments than chosen by the Buyer or services such as installment deferral. Such campaigns are at the sole discretion of the Bank and are not related to the Seller.
5.7 Since the interest rates applicable to installment sales and the default interest rates shall be determined by the Buyer’s bank, the Buyer acknowledges, declares, and undertakes that they will separately confirm the applicable interest rates and default interest with the Bank, and that the provisions regarding interest and default interest shall apply by the credit card agreement concluded between the Bank and the Buyer, under the applicable legislation.
5.8 If payments are made in installments and the refund of the price of the products purchased by the Buyer from the Seller is agreed, the refund shall be made to the Buyer in installments every month. The Buyer acknowledges and declares that such practice is related to the Buyer’s bank and under the bank’s responsibility.
5.9 The product delivery address has been notified to the Seller by the Buyer during the online purchase process. The Seller is obliged to deliver the products subject to the Agreement to the address provided by the Buyer. The Buyer acknowledges, declares, and undertakes that they are responsible for ensuring that the address they provided is complete, accurate, and correct. If the Buyer requests delivery to a third person/entity other than themselves, they must explicitly notify the Seller of this request.
5.10 The Seller shall make delivery notifications to the Buyer through communication channels such as e-mail, SMS, or telephone, as provided by the Buyer.
5.11 The product shall be delivered to the relevant person at the address provided by the Buyer via the cargo/shipping company(ies) contracted by the Seller, together with the invoice. The Buyer accepts that delivery to the address specified during the sales process and to the person present at the delivery address shall be deemed delivery to the Buyer. Even if the Buyer is not present at the address at the time of delivery, the Seller shall be deemed to have fully performed its obligation. If the contracted cargo/shipping company(ies) do not have a branch in the region of the Buyer’s delivery address, or if the Buyer is not present at the delivery address, the Buyer is required to collect the product from the branch notified by the Seller (the nearest available branch).
5.12 Any damages arising from the Buyer’s late acceptance of delivery, as well as costs resulting from the product waiting at the cargo/shipping company and/or its return to the Seller, shall be borne by the Buyer. The Buyer acknowledges, declares, and undertakes that they assume such responsibility.
5.13 For the product subject to this Agreement to be delivered to the Buyer, the Agreement must be accepted by the Buyer during the online sales process, and the product price must be paid by the Buyer. If the product price is not paid, or if a payment made by credit card is canceled by the Bank, the Seller shall be released from its delivery obligation.
5.14 Under the relevant provisions of the Law on the Protection of Consumers and the Regulation, the product purchased by the Buyer shall be delivered to the delivery address provided by the Buyer within thirty (30) days from the date of conclusion of the Agreement.
5.15 If the Seller is unable to deliver the product subject to the Agreement on time due to force majeure events such as adverse weather conditions preventing transportation, interruption of transportation, depletion of stock, or other unforeseen commercial impossibilities, the Seller acknowledges, declares, and undertakes to notify the Buyer of the situation.
5.16 Unless otherwise expressly stated, delivery expenses (shipping costs, etc.) shall be borne by the Buyer. According to the delivery terms announced on the Seller’s Website, the Buyer shall be informed during the sales process whether such delivery expenses will be payable or not.
5.17 If, after the delivery of the product, for any reason, the Bank/financial institution to which the credit card used for the transaction belongs fails to pay the product price to the Seller, or requests repayment of the amount already paid, due to the unauthorized and unlawful use of the Buyer’s credit card by third parties without the Buyer’s fault, the Seller’s contractual and statutory rights, including but not limited to the right to pursue collection of the product price, shall remain reserved in all circumstances.
5.18 The Seller is obliged to deliver the product to the Buyer by the agreed characteristics under this Agreement, in a complete and intact manner. In addition, if there are supplementary items related to the product, such as a warranty certificate or user manual, the Seller is also obliged to deliver these to the Buyer together with the product.
5.19 In cases where the delivery of the product becomes impossible, the Seller shall notify the Buyer within three (3) days from the date of becoming aware of such impossibility, by the provisions of the Regulation. In such a case, the Buyer may exercise one of the following rights: (i) cancellation of the order, (ii) replacement of the product subject to the Agreement with a substitute of equivalent quality and value (if available), and/or (iii) postponement of delivery until the obstacle preventing delivery is removed. If the Buyer cancels the order in such circumstances, all payments collected, including the price paid and, if applicable, delivery charges, shall be refunded to the Buyer by the Seller within no later than fourteen (14) days from the date of the Buyer’s notification, through the payment method originally used. If payment was made by credit card, the reflection of the refunded amount into the Buyer’s account after the Seller has processed the refund to the Bank is entirely dependent on the Bank’s transaction process, and the Buyer hereby acknowledges that the Seller cannot intervene in or be held responsible for any possible delays.
5.20 If the product purchased by the Buyer is to be delivered to a person/entity other than the Buyer, and the person/entity designated by the Buyer refuses to accept delivery, the Seller shall not bear any responsibility for such refusal. The Buyer may not make any claims against the Seller in this respect.
5.21 The Buyer is obliged to inspect the product at the time of delivery and, in the event of any problem attributable to shipping, to refuse acceptance of the product and request the preparation of a report by the shipping company’s representative. Otherwise, the Seller shall not accept any responsibility for the product.
5.22 Before the expiration of its performance obligation under the Agreement, and upon informing the Buyer and obtaining their explicit consent, the Seller may supply a different product of equal quality and price.
6.1 The Buyer has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the products, without providing any justification and without incurring any penalty. However, even if the Buyer has not used/benefited from the products, in the cases specified below under Article 15 of the Regulation, the Buyer shall not be entitled to exercise the right of withdrawal.
The Buyer must return the goods to the Seller within ten (10) days from the date on which the notification of withdrawal is submitted. Together with the goods subject to return, the relevant invoice, box, packaging, any standard accessories, and any other products given as gifts due to the purchase of such goods must also be returned to the Seller in full and undamaged. During the withdrawal period, the Buyer must use the goods by their operation, technical specifications, and instructions for use; otherwise, the Buyer shall be liable for any changes or deterioration that occur in the goods.
The Buyer shall not be held responsible for any changes or deterioration that occur due to the ordinary use of the goods during the withdrawal period. However, within the scope of the Law on the Protection of Consumers (TKHK), the term “ordinary use” refers solely to the inspection and examination of the products subject to the Agreement for review/control, and such use must not exceed the extent of examination. Without prejudice to the provisions regarding the right of withdrawal set forth under Article 6 and its sub-articles of this Agreement, the following uses of the listed categories of products, as well as similar uses, shall not be deemed as ordinary use. In such cases, the Buyer shall not have any right of withdrawal and/or refund.
The Buyer shall not be held responsible for any changes or deterioration occurring due to the ordinary use of the goods during the withdrawal period. However, within the scope of the Law on the Protection of Consumers (TKHK), the term “ordinary use” refers solely to the inspection and examination of the products subject to the Agreement for review/control, and such use must not exceed the extent of examination.
Without prejudice to the provisions regarding the right of withdrawal set forth under Article 6 and its sub-articles of this Agreement, the following uses of the listed product categories, as well as similar uses, shall not be deemed as ordinary use. In such cases, the Buyer shall not have any right of withdrawal and/or refund concerning such products.
The Buyer acknowledges and declares that they have read and understood the “Privacy Policy and Cookie Policy” published on the Seller’s Website. The Buyer’s data, except in cases requiring explicit consent, shall be processed by the Privacy Policy and Cookie Policy.
In cases where data processing requires the Buyer’s explicit consent, the Seller shall, in compliance with the Law on the Protection of Personal Data (KVKK) and the relevant regulations, separately request such consent from the Buyer, while also granting the Buyer the right to refuse. In such cases, where the Buyer provides consent in the relevant fields, the Buyer’s data may also be processed for the purposes requiring explicit consent.
The Buyer acknowledges that all copyrights, trademarks, and other intellectual and industrial property rights in all materials and content provided as part of the Website shall remain the property of the Seller or its authorized agents at all times. The Buyer may use the Seller’s Website only in the manner permitted by the Seller or its authorized agents.
This Agreement does not, under any circumstances, grant the Buyer any right to use the intellectual and industrial property rights belonging to the Seller. The Seller’s Website may contain links to third-party websites, provided solely for informational purposes. The Seller hereby informs the Buyer that it has no control over, and bears no responsibility for, such third-party websites and their content.
Since the Agreement between the Seller and the Buyer is concluded through the Seller’s Website, the Buyer agrees that communication between the Parties shall primarily be carried out electronically. The Seller may provide information to the Buyer via e-mail or through the Website.
The Buyer acknowledges that, under this Agreement, they accept the use of such electronic means of communication, and that all contracts, notices, information, and other communications provided to them electronically comply with the communication requirements accepted under the Regulation.
Within the scope of this Agreement, the Buyer may convey all requests, complaints, and feedback regarding the purchased product, the services provided, and other related matters to the Seller through the communication channels set out below:
Customer Service Phone and E-Mail Information:
This Agreement and the relations arising from it shall be governed by Turkish Law.
All disputes arising from or in connection with this Agreement shall be resolved, within the monetary limits determined annually by the Ministry of Trade and published in the Official Gazette, by the Consumer Arbitration Committees. For disputes exceeding these monetary limits, the Consumer Courts shall have jurisdiction.
Under the provisions of the Law on the Protection of Consumers (TKHK) and the Regulation on Distance Contracts, the Buyer may apply either to the Consumer Arbitration Committees and Consumer Courts located in the Buyer’s place of residence or the Seller’s place of residence. In matters not regulated in this Agreement, the provisions of the TKHK and the Regulation shall apply.
This Agreement, consisting of 13 articles, has been read by the Parties and has been executed and entered into force electronically by the Buyer on [date] upon electronic confirmation.
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