Fernabsatzvertrag
ARTICLE 1 – PARTIES
1.1 – SELLER
Seller Title: TOPG TEKSTİL MÜCEVHERAT TİCARET LİMİTED ŞİRKETİ
(hereinafter referred to as the "Seller")
Seller MERSIS No: 0853079671300001
Authorized Representative Acting on Behalf of the Seller: ERSEL ÖRSEL
Seller Website: topgsilver.com
Seller Address:
SÖĞÜTLÜYURT MAH. ÖMER SEYFETTİN 17 SK.
DİLEK TUR. İNŞ. TAAH. LTD. ŞTİ. NO:2
İÇ KAPI NO:2 DALAMAN/
Seller Phone: +90 544 241 29 68
Seller E-mail: topg@topgsilver.com
1.2 – BUYER
Buyer Name – Surname: ________ (hereinafter referred to as the "Buyer")
Buyer ID No: ________
Buyer Address: ________
Buyer Phone: ________
ARTICLE 2 – SUBJECT OF THE AGREEMENT
This Distance Sales Agreement (hereinafter referred to as the "Agreement") regulates the rights and obligations of the Buyer and Seller pursuant to the relevant provisions of the Consumer Protection Law No. 6502, regarding the sale and delivery of the product(s) specified below, ordered by the Buyer through the Seller's website.
ARTICLE 3 – PRODUCT SPECIFICATIONS, PRICE AND PAYMENT TERMS
3.1 – Product Information
The Buyer agrees to purchase ________ units of the following product(s):
3.2 – Contract Price and Payment
The total contract price is agreed as ________ (________) Turkish Lira.
The Buyer must pay the agreed amount within 7 days.
If payment is not made within this period, the Seller’s delivery obligation is nullified.
Payment Method:
ARTICLE 4 – PLACE OF PERFORMANCE AND DELIVERY
The Agreement enters into force upon the Buyer’s electronic approval.
The Agreement is deemed fulfilled upon delivery of the purchased product to the Buyer.
The product will be shipped via courier to the delivery address specified by the Buyer.
Delivery Address:
4.2 – Delivery to a Third Person
If a person other than the Buyer will receive the delivery, the Seller shall not be held responsible if that person refuses to accept the product.
Authorized persons other than the Buyer to receive the product:
1- ________
Phone Number: ________
ARTICLE 5 – DELIVERY COSTS AND EXECUTION
Delivery costs belong to the Buyer.
Delivery will be completed within 30 days after the Buyer’s payment is received.
If the Buyer does not make the payment within 7 days after the Agreement is signed, the Seller is relieved of the delivery obligation.
The invoice will be delivered to the Buyer upon delivery of the product.
ARTICLE 6 – DECLARATIONS AND OBLIGATIONS OF THE BUYER AND SELLER
The Buyer declares that, by confirming this Agreement electronically, they acknowledge the product’s basic characteristics, total price including taxes, and have provided accurate delivery and payment information.
The Buyer must inspect the product upon delivery.
If inspection is not performed before acceptance, responsibility for defects lies with the Buyer.
The Seller is obligated to deliver the product in full, sound condition, compliant with specifications, and with warranty certificate/user manual (if applicable).
ARTICLE 7 – LIABILITY FOR LOSS OR DAMAGE
Unless otherwise stated by law or specified in the Agreement, the risk and benefit of the product remain with the Seller until delivery of possession.
If the Buyer delays taking possession, risk transfers to the Buyer as if delivery occurred.
If the Buyer requests shipment to another location, risk passes to the Buyer upon delivery of the product to the carrier.
ARTICLE 8 – WARRANTY AGAINST DEFECTS
The Seller must deliver the product in accordance with the agreed specifications, free from defects.
The Seller is responsible for defects that significantly reduce the product’s value, usability, or expected benefits.
The Buyer must inspect the product within a reasonable period and notify the Seller of any defects.
The Seller is liable even for defects that could have been detected by reasonable inspection if the Seller guarantees the absence of such defects.
The Seller is not responsible for defects known by the Buyer at the time of purchase.
If the Seller delivered a defective product with gross fault, they cannot avoid liability.
In case of a defective product, the Buyer may:
Withdraw from the Agreement by returning the product,
Retain the product and request a refund proportional to the defect,
Request free repair (unless this causes disproportionate cost),
Request replacement with a non-defective equivalent, if available.
ARTICLE 9 – FORCE MAJEURE
Events not existing or foreseeable at the date of signing the Agreement, beyond the control of the parties, which prevent fulfillment of obligations partially or completely, are considered force majeure.
Such events include but are not limited to:
natural disasters, war, terrorism, riots, changes in legislation, confiscation, strikes, lockouts, significant failures at production facilities.
The party unable to perform due to force majeure must notify the other party immediately in writing.
ARTICLE 10 – RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the Agreement within 14 days, without any justification or penalty.
A notification of withdrawal within this period is sufficient.
The Buyer may use the product only to the extent necessary for ordinary inspection; otherwise, the right of withdrawal cannot be exercised.
In case of withdrawal, return shipping costs are borne by the Seller.
ARTICLE 11 – DISPUTE RESOLUTION
In disputes arising from this Agreement:
Consumer Arbitration Committees are authorized up to the monetary limits announced by the Ministry of Customs and Trade.
For disputes exceeding these limits, Consumer Courts are authorized.
Jurisdiction is based on the Buyer’s residence or the place where the product was purchased.
Agreement Signing Date: ________
BUYER SIGNATURE: ________
SELLER SIGNATURE: ________