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Sales Agreement

SALES AGREEMENT

 

  1. SUBJECT MATTER

 

The subject matter of this Sales Agreement Preliminary Information Form consists of the rights and obligations of the parties regarding sales and delivery of the product(s) sold by the SELLER to the ORDERING PARTY/BUYER and qualities of which are provided below under the provisions of the Law on Protection of Consumers No 6502 and the Regulation on Distance Agreements (Official Gazette: 27.11.2014/29188). By accepting this preliminary information form, the BUYER accepts in advance that it will be obliged to pay the cost of the order and the additional costs such as shipment charges and taxes, if any, provided that the order covered by this agreement is approved, and that it is informed about such costs in advance.

 

  1. PARTICULARS OF THE SELLER

 

Title: Sarkap İç ve Dış Ticaret Anonim Şirketi

Address  : Piri Mehmet Paşa Mah. İskele Geçidi Sk. Taşev Apt. No: 7 İç Kapı No: 5 SİLİVRİ - İSTANBUL

Fax: +90(212)272 34 17

Telephone: +90(549)270 72 72

E-mail: online@sarten.com.tr

 

  1. PARTICULARS OF THE BUYER (hereinafter will be referred to as the “BUYER”)

 

Name/Surname/Title:

%INVOICE_NAME_SURNAME%

Address :

%INVOICE_ADDRESS%

Telephone :

 %INVOICE_TEL_1%

E-mail :

 %MEMBER_E-MAIL%

 

  1. INFORMATION ON THE PRODUCT(S) COVERED BY THE AGREEMENT

 

4.1  The basic specifications of the Goods/Product/Products (type, quantity, brand/model, color and units) are provided in the web site of the SELLER. You can review the basic specifications of the product during the term of the campaign. It is valid until the expiry date of the campaign. 

4.2  The listed prices which are announced in this site are the sales prices. The prices and assurances which are announced will be applicable until updated and amended. The prices announced for fixed terms will be applicable until the expiry of the relevant term.

4.3  The sales prices, including all taxes, of the goods and services covered by this agreement are provided in the table below:

%PRODUCTS%

 

  1. GENERAL PROVISIONS

 

5.1.  The BUYER accepts, declares and undertakes that it has read on the website of the SELLER the preliminary information about the basic specifications, sales price and payment method and the delivery information of the product covered by this agreement and that has given the necessary confirmation in the electronic environment. Confirmation by the BUYER of the Preliminary Information on electronic environment means that the BUYER accepts, declares and undertakes that it has received full and accurate information on basic specifications of the product, price of the product, including the taxes, payment and delivery details  prior to establishment of the distance sales agreement.

5.2. Each product covered by the agreement will be delivered to the BUYER or the person and/or entity at the address designated by the BUYER within the period specified in the preliminary information section of the website but in any case no later than 30 – day legal period depending on the distance of the BUYER's location. The BUYER reserves the right to terminate the agreement in the event that the product cannot be delivered to the BUYER within this period.

5.3.  The SELLER accepts, declares and undertakes to deliver the product covered by the agreement fully and in accordance with the specifications stated in the order and in solid condition together with the warranty certificate and user manual, if any, and provide the information and documents required by the work according to the standards and perform the work free of any defects and in accordance with principles of honesty and integrity and maintain and enhance the service quality and show the care and attention required by the work and act with prudence and vision. 

5.4. The SELLER may supply a different product of equal quality and price by informing the BUYER before the expiry of the performance obligation arising from the agreement and obtaining the explicit approval of the BUYER.

5.5. If the SELLER fails to fulfill the contractual obligations in the event that the product or service referred to in the order becomes impossible to fulfill, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days following the date it has reached this conclusion and will refund the total price to the BUYER within 14 days.

5.6.  The BUYER accepts, declares and undertakes that it will confirm the Preliminary Information Form on electronic environment and the obligation of the SELLER to deliver the product covered by the agreement will cease to exist if the cost of the product covered by the agreement is not paid and/or cancelled in the bank records.

5.7.  If the cost of the product covered by the agreement is not paid by the relevant bank or finance institution after delivery of the product to the BUYER or the person and/or entity at the address designated by the BUYER as a result of fraudulent use of the credit card of the BUYER by unauthorized individuals, the BUYER accepts, declares and undertakes to return the product covered by the agreement within 3 days to the SELLER at the latter’s cost of transportation.

5.8.  The SELLER accepts, declares and undertakes that it will inform the BUYER if it fails to deliver the product covered by the agreement within the due period as a result of force majeure conditions such as the occurrence of unforeseen events which prevent and / or delay the parties to perform their obligations.  The BUYER is entitled to ask the SELLER to cancel the order, replace the product covered by the agreement with a counterpart product, if any, and/or postpone the delivery period until the preventive condition no longer exists. In the event that the BUYER cancels the order, the cost of the product paid in cash will be refunded in lump sum cash within 14 days. Whereas, if the payment was made by credit card, the cost of the product will be refunded to the relevant bank within 14 days following the cancellation date. The BUYER accepts, declares and undertakes that it may take 2 – 3 weeks for the bank to credit the BUYER’s account for the amount refunded by the SELLER to the credit card account, that after the relevant amount is refunded to the relevant bank, crediting the account of the BUYER is solely a banking process and that it will not hold the SELLER accountable for any potential delays in this process.

 

  1. INVOICING DETAILS

 

Payment Mode:

%PAYMENT_MODE%

Delivery Address:

%DELIVERY_ADDRESS%

Designated Receiver:

%DESIGNATED_RECEIVER%

Invoice Address:

%INVOICE_ADDRESS%

Cargo Charges:

%CARGO_CHARGES%

TRY

 

Delivery of invoice: The invoice will be delivered at the invoice address with the ordered product.

 

  1. RIGHT OF WITHDRAWAL

7.1.  In the distance agreements on sales of goods, the BUYER is entitled to reject the product and exercise its right of withdrawal within 14 (fourteen) days following the date product is delivered to the BUYER or the person and/or entity at the address designated by the BUYER without any obligation to give a reason and legal and penal liabilities on condition that the BUYER informs the SELLER in advance. In the distance agreements regarding provision of services, this period starts on the date the relevant agreement is signed. The right of withdrawal cannot be exercised in the service agreements if performance of the service begins upon approval of the consumer prior to expiry of the right of withdrawal. The costs of exercising the right of withdrawal will be borne by the SELLER. By signing this agreement, the BUYER accepts in advance that it has been informed about the right of withdrawal.

7.2.  The right of withdrawal will be exercised on condition that the SELLER is informed in writing via registered letter, fax or e-mail within the said 14 (fourteen) day period and the right is exercised according to provisions of the article “Products Not Eligible for the Right of Withdrawal” of this agreement. Following rules will apply in case this right is exercised:

7.2.1. Invoice of the product delivered to a 3rd party or the BUYER (If the invoice of the product to be returned is issued to a company, the product must be returned along with a return invoice. Return process of the order invoiced to companies will not be performed unless the RETURN INVOICE is issued),

7.2.2. Return form,

7.2.3.  The products to be returned will be delivered back together with the packaging, boxes and standard accessories, if any,  fully and without any damage.

7.2.4.  The SELLER is obliged to refund total cost the of the product and return the indebting documents to the BUYER within period of 10 days following delivery of the right of withdrawal notice and take delivery of the product within period of 20 days.

7.2.5.  If the value of the product deteriorates or it becomes impossible to return the product due to fault of the BUYER, the BUYER will be obliged to compensate losses of the SELLER to the extent of its fault. However, any changes and deteriorations despite the intended use of the goods or the product during the period of right of withdrawal will not be responsibility of the BUYER.

7.2.6.  If the total cost of the purchases falls below the campaign limit of the SELLER upon exercise of the right of withdrawal, any discount enjoyed as a result of that campaign will be cancelled.

 

  1. AGREEMENTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

 

8.1. a)  Agreements on the goods and services price of which changes based on the fluctuations in the financial markets or the goods and services which are beyond the control of the seller or supplier,

  1. b) Agreements on the goods prepared based on the specifications or personal needs of the consumer,
  2. c) Agreements on delivery of the goods which may easily perish or quickly expiry,

ç) Agreements on the delivery of the goods which cannot be returned due to health and hygiene reasons after the protective materials such as packaging, tapes, seals and box of the goods are opened following the delivery,

  1. d) Agreements on the goods which mix with other products after delivery and which are impossible to separate by their nature,
  2. e) Agreements on the books which are available on material environment, digital content, computer consumables and data recording and storing devices if the protective materials such as packaging, tapes, seals and box of the goods are opened following the delivery
  3. f) Agreements on delivery of periodicals such as newspaper and magazines except those purchased on subscription basis,
  4. g) Agreements on accommodation, moving furniture, car rental, food – beverage catering, leisure activities such as entertainment or relaxing, which are subject to date or period constraints.

ğ)  Agreements on the services performed real time on the electronic environment or on the services regarding intangible goods delivered instantly to consumer, and

  1. h) Agreements on the services whose performance started upon approval of the consumer prior to expiry of the right of withdrawal are excluded from the right of withdrawal.

The cosmetic and personal care products, underwear, bathing suits, swimsuit, bikini, books, software and programs which can be duplicated, DVD, VCD, CD and cassette tapes and office supplies (such as  toner, cartridge, tapes etc.) can be returned on condition that the packaging thereof must not be opened or deteriorated, must be intact and unused.

8.2.  The BUYER will be entitled to submit its complaints and objections related to the SELLER to the consumer problems arbitration committee or consumer court located where the consumer resides, or the relevant transaction was carried out within the monetary limits provided below. Details of the financial limits, which are applicable as of 28/05/2014, are as follows:

  1. a) The disputes amounting to TL 2,000.00 (two thousand) will be referred to the district consumer arbitration committees,
  2. b) The disputes amounting to TL 3,000.00 (three thousand) will be referred to the provincial consumer arbitration committees,
  3. c) The disputes amounting to from TL 2,000.00 (two thousand) to 3,000.00 (three thousand) will be referred to the provincial consumer arbitration committees in the metropolitans pursuant to Article 68 of the Consumer Protection Law.

This Agreement is executed for commercial purposes.

 

SELLER

Sarkap İç ve Dış Ticaret Anonim Şirketi

 

BUYER

 

Name/Surname:

%INVOICE_NAME_SURNAME%

Date:

%DATE%

MEMBER EXPLANATORY INFORMATION

 

As Sarkap İç ve Dış Ticaret Anonim Şirketi (hereinafter referred to as “SARKAP”), we place great importance on the security of your personal data that we process in the capacity of data controller defined in the Law on Protection of Personal Data No 6698. Therefore, we would like to inform you regarding the processing of your personal data.

 

THE PURPOSE OF AND LEGAL GROUNDS FOR PROCESSING OF YOUR PERSONAL DATA

 

Your personal data are processed for the following purposes and legal reasons in accordance with the Law on Protection of Personal Data No 6698 and the secondary regulations:

Accordingly, if you create membership record in the www.sarkap.com and purchase products through this membership record, and on condition that you provide your personal data such as “Name – Surname, Nationality, Gender, E-Mail Address, City and District Where You Live” in your membership record and give your approval, your personal data such as “Mobile Phone No, Address, Shopping History, My Orders, My Gift Certificates, My Points, My Lists and My Messages” will be processed in order to provide you with a better and more personalized shopping experience by contacting your party easier, keeping records of your transactions, creating a site content that better caters to your interests and taste based on your usage of the site, providing coupons, discounts, special promotions, campaigns, shopping tips and marketing and advertising of the relevant goods and services in accordance performance of the agreement and with the legitimate interests referred to in articles 5/2 – c and 5/2 – f in the Law No 6698,

Your personal data such as “TR ID No, Business Phone”, if you provide such information through our web site while it is not mandatory, will be processed to confirm you identity clearly and enhance communication means in accordance with the legitimate interests referred to in articles 5/2 – f in the Law No 6698, and

Your personal data will be processed in order to inform you about the relevant campaigns and the campaigns of our company in accordance with express permission of the law referred to in article 5/2 – a in the Law No 6698 after your consent is received regarding commercial messages pursuant to the Law on Regulation of the Electronic Commerce No 6563.

 

TRANSFER OF PERSONAL DATA

 

Your personal data processed within the limits of SARKAP membership relationship may be shared with Cargo Companies for delivery of your orders, Online Payment Service Suppliers to perform your payment process and the Shareholders and Subsidiaries (and/or third-party business partners so that the work is performed),

Furthermore, your personal data may be shared with Social Media Suppliers and Electronic Marketing Companies for marketing purposes, offering campaigns which cater to your special interests and providing information about the campaigns to be held and for contacting you for the abovementioned purposes and legal reasons on condition that you give consent related to such campaigns or

Your personal data may be shared with Public Authorities or other third parties where such sharing is required for defending the rights of SARKAP in accordance with the legal reason referred to in article 5725/2 – e of the Law No 6698 or

Your personal data may be shared upon requests received from the Legally Authorized Public and Private Entities in accordance with performance of the legal obligations referred to in article 5/2 – ç of the Law No 6698.

 

PERSONAL DATA COLLECTION METHODS

 

SARKAP collects your personal data when you complete the “Membership Form”, update your membership information, purchase products or perform other activities through our web site as a member and contact our company.

STORING THE PERSONAL DATA

Your personal data will be stored for a limited time period in accordance with provisions of the law in line with the abovementioned purposes and legal reasons and based on the legal justifications referred to in articles 5/2 – c, 5/2 – ç, 5/52 – e, 5/2 – f of the Law No 6698 and will be destructed upon expiry of the said period. 

 

YOUR RIGHTS REGARDING YOUR PERSONAL DATA

 

You have the right to apply to SARKAP and to

  • Find out whether or not data relating to you are being processed,
  • Request relevant information if your personal data have been processed,
  • Find out the purpose of processing your personal data and whether or not your data are used for its intended purposes,
  • Find out the third parties in Turkey and abroad to whom your personal data are transferred
  • Request rectification of your personal data if it is processed incompletely or inaccurately and notification to third parties to whom the data have been disclosed about the rectification,
  • Request erasure or destruction of your personal data when the reasons for processing no longer apply and notification to third parties to whom the data have been disclosed about the erasure or destruction,
  • Object to occurrence of any result that is detrimental to you in person as a result of analysis of your personal data exclusively through automated systems;
  • Request erasure or destruction of your personal data under the conditions set out in article 7 of the Law and notification to third parties to whom the data have been disclosed about the rectification, erasure or destruction, and
  • Claim compensation of your damages if you incur damages as a result of unlawful processing of your personal data.

 

If you forward your requests regarding your foregoing rights to Sarkap İç ve Dış Ticaret Anonim Şirketi in accordance with the application procedures specified in the  Communique on Procedures and Principles of Application to Data Controller, Sarkap İç ve Dış Ticaret Anonim Şirketi will finalize your request free of charge as soon as possible and in any case within 30 (thirty) days depending on the nature of your request. But, in case your application incurs additional cost, Sarkap İç ve Dış Ticaret Anonim Şirketi will be entitled to charge the fee listed in the tariff in the Law on Protection of Personal Data.

Please review our Personal Data Protection Policy in the www.sarkap.com for details.

I am informed about my rights relating to methods, purpose and legal reasons in connection with processing and transfer of my personal data by Sarkap İç ve Dış Ticaret Anonim Şirketi.

 

Name/Surname:

%INVOICE_NAME_SURNAME%

Date :

%DATE%

Prepared by  T-Soft E-Commerce.