Distance Sale Contract

DISTANCE SALES AGREEMENT

ARTICLE 1 - SUBJECT OF THE CONTRACT AND THE PARTIES

1.1. This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale of products and services done by the Consumer whose detailed information is given below from www.jbuytr.com which is operated by the Seller (hereinafter referred to as WEBSITE) and delivery of the products to the delivery address.

1.2. Consumer admits and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and then ordered the goods or services in accordance with the provisions of this contract. The preliminary informing and the invoice on the payment page of www.jbuytr.com website are integral parts of this contract.

1.3. SELLER INFORMATION

• Name: Envar Yazılım Bilgisayar Gıda İthalat İhracat Ve Dış Ticaret  Ltd Şti 
• Address: Anafartalar Caddesi 80/3 Ulus Altındağ Ankara
Customer Services:  +90 850 840 51 36 




• E-posta: [email protected]
• 
  

1.4. CONSUMER INFORMATION

• Name surname / Title:
• Delivery Address:
• Telephone:
• E-mail:
• IP address:

ARTICLE 2 - DATE OF CONTRACT

2.1. This agreement was concluded by the parties on [insert date], the date when the order of the Consumer was completed on the WEBSITE, and a copy of the contract was sent to the e-mail address of the CONSUMER.

ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO CONTRACT

3.1. The details of the products and services ordered by the consumer, the sales amounts including the taxes and information about the number are listed below. All of the products listed in the following table are hereinafter referred to as the Product.

ARTICLE 4 - DELIVERY OF PRODUCTS

4.1. The Product is delivered to the delivery address specified by the Consumer on the WEBSITE or the person/organization at the address indicated by him/her in the latest 30 days, packed and together with the invoice.

• In the event that fulfilling the act of the goods or services subject to the order becomes impossible, the seller notifies the consumer in writing or in the Consumer Data Saver within three days from the date of learning of this situation and returns all payments collected, including the delivery costs, if any, within fourteen days (14) at the latest. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

4.2. If the product is to be delivered to another person/organization than the Consumer, the SELLER shall not be held liable if the person/organization to be delivered will not accept the delivery.

4.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.

ARTICLE 5 - PAYMENT METHOD

5.1. The consumer accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the Consumer shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the Bank and the Customer pursuant to the provisions of regulations in force. Credit/installment card and similar payment facilities provided by institutions giving credit card, installment card, etc. such as banks and financing institutions are the possibility of a loan and/or installment payment provided directly by the related institution; The product sales which are realized within this framework and in which the Seller collected the relevant amount fully shall not be counted as installment sales in respect of the parties to this Agreement, they are cash sales. The legal rights of the seller in the cases deemed to be installments sale by the law (including the right to terminate the contract and/or claiming remaining debt to be paid together with the default interest, in case any of the installments are not paid) are available and reserved. In case of default of the consumer, a default interest of 5% per month is applied.

ARTICLE 6 - GENERAL PROVISIONS

6.1. The consumer agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown on the WEBSITE have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.

6.2. By confirming this agreement in electronic environment, the Consumer confirms that he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment and delivery information and information about the right of withdrawal.

6.3. The seller is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.

6.4. The seller may supply a different product at the same quality and price to the Consumer before the contractual performance obligation expires.

6.5. If the seller fails to fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the seller shall inform the consumer before the expiry of the fulfillment obligation arising from the contract and supply a different product with equal quality and price to the Consumer.

6.6. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this agreement is delivered to the Seller in electronic environment and the price has been paid by the Consumer's preferred form of payment. If the product price is not paid or canceled in the bank records for any reason, the Seller shall be deemed to have been released from the delivery of the product.

6.7. In case the Bank/financing institution to which the credit card is used belongs does not pay the Product to the Seller for any reason after the delivery of the product, the Product shall be returned to the Seller by the Consumer at the latest within 3 days, all expenses shall be borne by the Consumer. All other contractual and statutory rights of the Seller, including the follow-up of the Product price, shall be reserved in any case.

6.8. If the fulfillment of the ordered goods or services becomes impossible, the seller shall notify the consumer in writing or through permanent data storage within three days from the date of learning of this situation. All payments collected, including delivery costs, shall be refunded within fourteen (14) days from the notification date. The unavailability of the goods in stock does not constitute impossibility of fulfillment.

7- Product Delivery Processes

7.1. The product shall be delivered to the delivery address specified by the consumer on the WEBSITE, or to the person/organization designated by the consumer, within thirty days at the latest, securely packaged along with its invoice. In case the fulfillment of the ordered goods or services becomes impossible, the seller shall inform the consumer in writing or through permanent data storage within three days from the date of learning of this situation. All payments collected, including delivery costs, shall be refunded within fourteen (14) days from the notification date. The unavailability of the goods in stock does not constitute impossibility of fulfillment.

7.2. If the product is to be delivered to a person/organization other than the consumer, and if that person/organization refuses to accept the delivery, the seller shall not be held liable.

7.3. The consumer is responsible for inspecting the product upon receipt. If any issues due to shipping are observed, the consumer should refuse to accept the product and have the courier company officer document the issue. Otherwise, the seller shall not accept any liability.

8- THE RIGHT OF WITHDRAWAL

In accordance with the relevant provisions of Consumer Protection Law No. 6502 and Distance Contracts Directive:

8.1 In distance contracts concerning the sale of goods, the consumer has the right to withdraw within 14 (fourteen) days of receipt without stating any reasons and without incurring any penalties. However, the consumer may exercise this right from the conclusion of this Agreement until the delivery of the goods. To exercise the right of withdrawal, it is sufficient to notify the seller or the provider in writing or through permanent data storage. To facilitate the withdrawal process, customers must complete the return slip sent to them with the product and return the product to the courier company with the return slip.

The determination of the withdrawal period is as follows:

a) For products subject to a single order: the day when the last item is delivered to the consumer or to a third party designated by the consumer,

b) For products consisting of multiple parts: the day when the last part is delivered to the consumer or to a third party designated by the consumer,

c) For contracts in which goods are delivered regularly over a certain period: the day when the first item is delivered to the consumer or to a third party designated by the consumer.

8.2. The consumer's right to withdraw does not apply to contracts concerning:

a) Goods made to the consumer's specifications or clearly personalized,

b) The supply of perishable goods or goods with a short shelf life,

c) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,

d) Goods which are, after delivery, according to their nature, inseparably mixed with other items,

e) Sealed audio or video recordings or sealed computer software which were unsealed after delivery,

f) The supply of a newspaper, periodical, or magazine with the exception of subscription contracts for the supply of such publications,

g) Accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance,

h) Digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and the consumer has acknowledged that they lose their right of withdrawal once the contract has been fully performed,

i) Services for betting and gambling,

j) Goods and services, the price of which is dependent on fluctuations in the financial market which cannot be controlled by the seller or service provider.

8.3. If the consumer exercises their right of withdrawal, the seller or provider is obliged to refund all payments received, including negotiable instruments, within 14 (fourteen) days from the date the withdrawal notification is received, without any charges.

8.4. The consumer shall not be liable for any depreciation of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

8.5. If the consumer exercises the right of withdrawal, they shall not bear the cost of returning the goods if they return the goods through the courier specified for returns in the preliminary information provided by the seller. If the seller does not specify a courier for returns in the preliminary information, no cost can be demanded from the consumer. If the courier specified in the preliminary information for returns does not have a branch in the consumer's location, the seller is obliged to arrange for the return of the goods at no additional cost to the consumer.

8.6. The consumer must return the goods to the seller within 10 (ten) days from the date on which they notify the seller of the exercise of the right of withdrawal unless the seller has offered to collect the goods.

8.7. As stated in the 1st paragraph of Article 15 of the Regulation on Distance Contracts, consumers do not have the right of withdrawal for products specially prepared for them.

8.8. Orders in the "Delivered to Courier" phase cannot be canceled at the delivery stage.

8.9. For orders in the "Delivered to Courier" phase, customers must return the shipment to the courier company without opening the product box. The provisions of Article 8.1 are reserved.

The information for notifying the company about the withdrawal is as follows:

Title: Name: Envar Yazılım Bilgisayar Ltd Şti A.Ş. Address: Anafartalar Caddesi 80/3 Ulus Altındağ Ankara Tel: +90 850 840 51 36 Email: [email protected] Customer Services: +90 850 840 03 51

ARTICLE 9- EVIDENCE AGREEMENT AND AUTHORIZED COURT

9.1. In the resolution of any dispute arising from this Agreement and/or its implementation, seller records (including recordings in magnetic environments such as computer-audio records) shall constitute conclusive evidence. Consumer Arbitration Committees are authorized for disputes up to the value determined by the Ministry of Industry and Trade, and Consumer Courts and Directorates of Debt Collection located in the consumer's residential region and the seller's location are authorized for disputes exceeding this value.

9.2. The consumer declares, accepts, and undertakes that they have read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, have received, examined, and accepted the sales terms and all other preliminary information.