Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. SIDES

This Distance Sales Agreement (“ Agreement ”) has been signed electronically between the Seller and the Buyer, whose information is given below. The parties accept, declare and undertake that they have read the entirety of this Agreement, fully understand its content and approve all its provisions.

SALES PERSON:

Seller's Title: HARMONIOUS
Seller's Full Address: Tekeler Mah. 1068. Sok No: 9 Sakarya/Adapazari
Seller Tax No: 46486504120

Seller's Email Address: info@harmonious.com.tr

BUYER:
Recipient's Name/Surname:
Buyer's Address:
Buyer's Phone:
Recipient's E-Mail Address:

2. ESTABLISHMENT OF THE AGREEMENT

• THE BUYER ACKNOWLEDGES THAT HE READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF ITS RIGHTS AND OBLIGATIONS.
• THE PARTIES FIND THAT THERE IS NO DISPUTE BETWEEN THE AGREEMENTS AND THE ACTIONS AGAINST THE CONTRACT, AND THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE QUALITY OF THE BUSINESS, AND THAT THEIR CONTRACTUAL TRANSACTIONS ARE NOT AVAILABLE TOGETHER.
• THE BUYER HAS A FULL ACKNOWLEDGMENT THAT THE TRANSACTIONS UNDER THE AGREEMENT ARE FIT FOR IT'S OWN BENEFICIARY AND THAT IT IS UNDER ALL CONDITIONS BY ITS FREE WILL, WITHOUT ANY STRENGTH OR CONDITION, WITHOUT ANY STRENGTH OR CONDITION.
• THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT CAN BE CONSIDERED TO BE UNFORGETTABLE, AND THERE IS NO IMPOSSIBILITY IN TERMS OF THE BALANCE OF BENEFIT.
• THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR CONDITIONS UNDER THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONFLICT WITH THE RULE OF INTEGRITY AND GOODNESS AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF THE CONSUMER.
• THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED IN CONSIDERATION OF THE PROVISIONS OF THE TURKISH LAW OF OBLIGATIONS. THE BINDING AND CONTENT AUDIT PROVIDED IN ARTICLE 21 OF THE TURKISH LAW OF OBLIGATIONS IS MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL BE FOREIGN (AMAZING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTIC OF THE JOB. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND CLEAR MANNER AND DO NOT MAKE MULTIPLE MEANINGS.

3. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the Consumer No. 6502 regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the Buyer has ordered electronically through the Seller's website www.harmonious.com.tr domain (“ Site ”). It is the determination of the rights and obligations of the parties in accordance with the Law on the Protection of the Law and the Regulation on Distance Contracts.

4. BASIC QUALITIES OF THE GOOD OR SERVICE SUBJECT TO THE AGREEMENT

The basic features, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product Code and Name	Piece	Unit Price (including VAT)	Shipping cost	Discount / Coupon	Total Price (including VAT)
[…]	[…]	[…]	[…]	[…]	[…]

 

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:

Shipping cost:

Total product price including shipping and all taxes:

Payment method:

Number of Installments:

Maturity Difference Received:

Interest rate used in the interest rate calculation:

Additional cost to be paid by the Buyer:

Delivery address:

Delivery Person:

The total product price stated above is collected from the Buyer by HARMONIOUS.

5. DELIVERY

The product/products subject to the contract shall be delivered to the Buyer or the person/organization at the address indicated within this 30 (thirty) day period, depending on the distance of the Buyer's delivery address for each product, provided that it does not exceed the legal period of 30 (thirty) days following the delivery of the order to the Seller. is delivered.

In order to avoid any doubt, this Agreement and the Preliminary Information Form for the delivery of the product/products subject to this Agreement must be confirmed by the Buyer electronically and the price of the product(s) must be fully and completely paid by the Buyer's preferred payment method. must be paid. If for any reason the price of the product is not paid, paid incompletely or the payment is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the product.

In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall notify the Buyer in writing or with the permanent data provider within 3 (three) days from the date of learning of this situation, and all payments collected, including delivery costs, if any, shall be made from the date of notification. returns it to the Buyer within 14 (fourteen) days at the latest.

6. REPRESENTATIONS AND COMMITMENTS OF THE BUYER

The Buyer assumes the PAYMENT OBLIGATION by the fact that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Site, gives the necessary confirmation in the electronic environment and confirms the order through the Site. accepts, declares and undertakes that he/she is aware that he/she is under it.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall provide the address to be given by the Seller to the Buyer before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information. confirms that it has been obtained correctly and completely.

In the event that the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the goods or services, the Buyer provides that the goods have been delivered to him. or return the service to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.

If the contractual goods or services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

7. STATEMENTS AND COMMITMENTS OF THE SELLER

The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

The Seller may supply the Buyer with a different product of equal quality and price before the expiry of the contractual performance obligation, provided that it is based on a just cause and informs the Buyer and receives its express consent.

8. BUYER'S RIGHT OF WITHDRAWAL

The Buyer may exercise its right of withdrawal within 14 (fourteen) days from the date of establishment of the contract in contracts relating to the performance of services, from the date of receipt of the goods by the Buyer or the third party determined by the Buyer, without undertaking any legal or criminal liability and without giving any reason. . The buyer may also use his right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

The Buyer may exercise his right of withdrawal by completing the withdrawal form delivered to him with the order or by sending it to the Seller with a clear statement of the withdrawal decision. The aforementioned form or express withdrawal statement must be directed to the Seller in writing or with the permanent data provider before the right of withdrawal expires. The contact information of the Seller, where the notification of withdrawal can be made, is as follows:

Full Address: Altunizade Mah. Rauf Pasa Street No: 26/5 Uskudar/ISTANBUL

E-mail: info@harmonious.com.tr

The Seller, within 14 (fourteen) days from the date on which the notification regarding the Buyer's use of the right of withdrawal is received, while purchasing all the payments made by the Buyer to the Seller for the relevant goods or services, including the delivery costs of the goods, if any, to the Buyer. will return it to the Buyer at once, in accordance with the payment instrument used and without incurring any cost or obligation to the consumer.

In the event that the Buyer exercises his right of withdrawal, the cargo company that will receive the return of the product stipulated by the Seller is SÜRAT KARGO. In case the right of withdrawal is exercised, the Buyer is responsible for the costs of the return in case the goods are returned via the courier company specified here. In case the Buyer sends the goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in this Agreement, the Seller shall not be responsible for the return shipping costs and the damage to the goods during the cargo process.

The Buyer is required to send the goods back to the Seller within 10 (ten) days from the date on which the notification regarding the use of the right of withdrawal is made. Along with the goods subject to the return, the invoice, box, packaging, standard accessories, if any, and other products given as a gift due to the purchase of the said goods must be returned to the Seller completely and undamaged. The buyer must use the goods in accordance with the operation, technical specifications and usage instructions within the withdrawal period, otherwise he is responsible for the changes and deteriorations in the goods.

9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The Buyer accepts, declares and undertakes that he/she knows that he/she cannot use the right of withdrawal in the following cases:

1. Contracts for goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
2. Contracts for goods prepared in line with the consumer's wishes or personal needs.
3. Contracts for the delivery of perishable or expired goods.
4. From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
5. Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
6. Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
8. Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period.
9. Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
10. Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.

 

10. SELLER'S REMEDY FOR COMPLAINTS

The Buyer may submit his/her complaints regarding the purchased goods and/or services directly to the Seller (using the Seller's contact addresses specified under the Parties heading above). In the event of a complaint, the Seller will provide all possible support to resolve the issue.

11. STATUS OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults on his credit card transactions, the cardholder will be liable to the bank within the framework of the credit card agreement that the bank has made with him. In this case, the relevant bank may take legal action and demand the costs and attorney's fees from the Buyer. In case of default of the Buyer under any circumstances, the Buyer shall be responsible for any loss or damage suffered by the Seller.

12. INTELLECTUAL PROPERTY

The Buyer is responsible for the use of special design techniques, texture, pattern, design, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and works used in the designs of the products produced by the Seller. accepts and declares that all the rights arising from the Law on Intellectual and Artistic Works (FSEK) of the items used in the design and all products offered for sale on the Site belong to the Seller.

Regarding all kinds of information and content on the Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the Seller's agreement; All intellectual and industrial rights and property rights belong to the Seller. All, part of the product/products purchased by the buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby agrees and undertakes that he/she will not use the product he/she has purchased for illegal purposes and/or in these prohibited ways. While all legal and penal liability that may arise otherwise belongs to the Buyer, the Seller reserves the right to claim any compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities.

13. RESOLUTION OF DISPUTES

In disputes that may arise regarding the contract, applications for disputes can be made to the Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or where he resides, up to the value announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in case of disputes above the said value.

14. FORCE

This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date of […]. Transactions made through the site are considered as binding declarations of intent in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller by submitting an application to the info@harmonious.com.tr e-mail address whenever he wishes.

SALES PERSON HARMONIOUS

BUYER […]