Distance Sales Contract

DISTANCE SALES CONTRACT

 

Article 1 - PARTIES

SALES PERSON

Trade Name: THE CHAMP GLOBAL TEXTILE TOURISM AND AUTOMOTIVE INDUSTRY AND TRADE LIMITED COMPANY

Address       : MEHMET NESİH ÖZMEN MAH. KASIM STREET ME-PA NO: 29 INSIDE DOOR NO: 1 GÜNGÖREN/ ISTANBUL

Email     : info@thechamp.com.tr

Phone Number       : 05308224267

 

BUYER

Name Surname :

Address       :

Email      :

 

Article 2 - SUBJECT AND SCOPE OF THE AGREEMENT

 

THE CHAMP GLOBAL TEXTILE TOURISM AND AUTOMOTIVE INDUSTRY AND TRADE LIMITED COMPANY  This Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of goods/services with the qualities specified in the contract, which the BUYER has ordered electronically from the website named https://thechamp.com.tr/ (“Website”) belonging to the SELLER, through the domain names https://thechamp.com.tr/ or the domain names depending on the service provided. The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”) regarding the sale of the product/service, which the BUYER has purchased by placing an order electronically from the website named https://thechamp.com.tr/ (“Website”) belonging to the SELLER, which is written on the Website, whose sales price is specified on the website and in the preliminary information form and which is offered to the BUYER under these conditions.

 

BUYER accepts and declares that he/she is informed about the basic characteristics, sales price, quantity, payment method and all similar information of the product/service subject to sale specified above, as well as the Right of Withdrawal and Return Policy, that he/she has confirmed this information electronically with his/her own will and then purchased the product/service by completing the payment transactions.

 

Article 3 - BASIC CHARACTERISTICS AND PRICE OF THE GOODS SUBJECT TO THE CONTRACT

 

The type and kind of product/products, quantity, brand/model, color, sales price including taxes and delivery information are as follows:

 

Payment Method and Plan             : Online virtual POS application via ..........Bank credit card .... month .... (in writing .................................................) TL monthly payment / cash ........... TL payment

Received Maturity Difference         : .......

Interest rate used in the Maturity Difference calculation  : % ...

Shipments will begin within 3 business days following the order. Shipment will be completed within (7) business days.

Delivery Address            :

Persons to be Delivered  :

Billing Address                       :

 

Article 4 - DELIVERY OF GOODS AND DELIVERY METHOD

 

The contract enters into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the person/persons at the address specified by the Buyer in the order form and in this contract.

 

Article 5 - DELIVERY COSTS AND PERFORMANCE

 

The delivery costs of the Goods/Services are the responsibility of the Buyer. If the Seller has declared on the website that the delivery fee will be covered by the Seller, the delivery costs will be the responsibility of the Seller. The delivery of the Goods shall be made within the promised period after the Seller's stock is available and the payment is made. The Seller shall deliver the Goods/Services within 30 (thirty) days from the date the Goods/Services are ordered by the Buyer and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the Goods/Services are not paid by the Buyer for any reason or the payment made is cancelled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Goods/Services.

 

Article 6 - REPRESENTATIONS AND WARRANTIES OF THE BUYER

 

The Buyer declares that he/she has read and is informed about the basic characteristics of the contractual product on the Website, the sales price and payment method, and the preliminary information uploaded by the Seller regarding delivery, and that he/she has made the necessary confirmation electronically. Buyers may submit their requests and complaints as Consumers through the channels provided by the Seller's contact information above. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address that should be given to the consumer by the Seller before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely. The Buyer shall inspect the Goods/Services subject to the Agreement before receiving them, and if the Goods/Services are damaged, broken, torn in packaging, etc. and defective, the responsibility belongs entirely to the Buyer. The Goods/Services received by the Buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility for the Goods/Services and damages after delivery belong to the Buyer. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.

 

Article 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER

 

The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualities specified in the order and with the warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer of the situation as soon as possible. If the Goods/Services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.

 

Article 8 - RIGHT OF WITHDRAWAL

 

The Seller undertakes that the Buyer has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt or signing of the contract without assuming any legal or criminal liability and without giving any reason, and that the Seller will take back the goods as of the date the notice of withdrawal reaches the Seller. The notice of the right of withdrawal and other notifications regarding the contract can be sent through the seller's contact information channel specified above.

 

In order to exercise the right of withdrawal, the Seller must be notified within this period in accordance with the provisions of the legislation. In case of exercising the right of withdrawal:

a) The product delivered to the Buyer or the third party notified by the Buyer, whose information is given above, must be returned.

b) Products to be returned within 14 (fourteen) days must be returned with their box, packaging, standard accessories, if any, and any other products gifted with the product, complete and undamaged.

 

Within 10 (ten) days following the exercise of the right of withdrawal and the receipt of the information, the product price will be returned to the Buyer in the same manner as paid. When the product is returned to the Seller, the original invoice presented to the Buyer at the time of product delivery must also be returned. The return shipping cost belongs to the Buyer. The return section of the invoice to be returned with the product will be filled in and signed by the Buyer.

 

Article 9 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

 

The right of withdrawal cannot be exercised in the following cases:

a) Service contracts where the service is started with the approval of the Consumer before the expiry of the right of withdrawal period.

b) Contracts for goods whose prices are determined in stock exchanges or other organized markets.

c) Contracts for the delivery of goods that are prepared in line with the consumer's wishes or clearly in line with his/her personal needs, are not suitable for return due to their nature, and are at risk of rapid deterioration or expiry.

d) Contracts for sound or image recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.

e) Contracts regarding the delivery of periodicals such as newspapers and magazines.

f) Contracts for the performance of betting and lottery related services.

g) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.

h) For products included in campaigns and discounts.

 

Article 10 - DISPUTE RESOLUTION

 

In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits declared by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. Within this framework, BUYER may apply to Arbitration Committees and Consumer Courts in his/her own or, if he/she wishes, SELLER's place of residence. BUYER declares that he/she has read all the conditions and explanations written in this Agreement and in the preliminary order contract information (on the WEBSITE) that constitute an integral part of it, and that he/she has prior knowledge of all the issues written in Article 3 of this Agreement, including the basic features-qualifications of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information/information regarding the SELLER and the Product subject to sale, and the right of withdrawal and personal information-electronic communication and reward points conditions, and that he/she has accepted all of them.       He/she accepts and declares that he/she has seen it electronically on the Website and that he/she has accepted the provisions of this Agreement by ordering the Product by confirming-approving-accepting-permitting all of these electronically. Both the preliminary information in question and this Agreement are also sent to the above-mentioned e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.

 

Article 11 - DEFAULT AND ITS LEGAL CONSEQUENCES

In case the Buyer defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the Buyer and in any case, in case the Buyer defaults due to his debt, the Buyer agrees to pay the Seller's losses and damages due to the delayed payment of the debt.

 

Article 12 - NOTIFICATIONS AND EVIDENCE AGREEMENT

Buyer, https://thechamp.com.tr/ of the website It accepts, declares and undertakes that its official books and commercial records, electronic information and computer records kept in its own database and servers shall constitute binding, definitive and exclusive evidence, and that this Article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

 

Article 13 - ENFORCEMENT

This Agreement, consisting of 13 (thirteen) Articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.