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Distance Sales Contract

1.THE PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below. ‘BUYER’; (hereinafter referred to as “BUYER” in the agreement) ‘SELLER’; (hereinafter referred to as “SELLER” in the agreement) 

By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, if any, and that he/she has been informed about this.
 

2. SUBJECT OF THE CONTRACT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically via the SELLER's website. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced periodically are valid until the end of the specified period. 

3. SELLER INFORMATION
SELLER COMPANY TITLE: Onka Global Danışmanlık Ve İthalat İhracat LTD. ŞTİ.
ADDRESS: Fulya Mah. Ortaklar Cad. Mevlüt Pehlivan Sk. Huzur Apt. Blok No:1 İç Kapı: 5
Şişli / İSTANBUL
PHONE: +90 212 234 02 06
EMAIL: info@onkagloabal.com
 

4. BUYER INFORMATION
Person to be delivered:
Delivery Address:
Phone:
Email:
 

5. PRODUCTS SUBJECT TO THE CONTRACT, DELIVERY AND PAYMENT INFORMATION

This section will be filled in by the Buyer according to the information to be provided regarding the type, name and kind, code, quantity, amount, brand/model, sales price, payment method, recipient, delivery price, estimated delivery date, delivery method, ordering and delivery recipient information and invoice information of the Product(s) purchased electronically; and will be customized to suit each order.
The invoice will be sent to the e-mail address specified during order delivery; a copy of the e-invoice will be delivered with the product upon delivery.
For the delivery of the product/products subject to the contract, it is a condition that this contract is approved electronically and delivered to the SELLER and the price is transferred to the Seller's account using the payment method preferred by the Buyer. If the product price is not transferred to the SELLER's account or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
The Orderer, the Recipient to be Delivered or the Invoice Addressee may belong to the same person and/or different persons. In case they belong to different persons, the Orderer is responsible for all information provided and approved. The Orderer accepts that the information specified in this article is correct. If the Recipient cannot be reached with the information provided, the SELLER has no responsibility and all responsibility belongs to the Orderer. Uncertain places such as parking lots, front doors, parks cannot be shown as delivery addresses; even if they are shown, the order will not be delivered. It is essential that the delivery address is a workplace, apartment, house, shop or places such as these that are clearly owned by the customer. THE ORDERER/BUYER accepts and declares these provisions.

6. GENERAL PROVISIONS
6.1– BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price, payment method and preliminary information regarding the delivery of the contracted product on the SELLER’s website, that he/she is informed and that he/she has made the necessary confirmation electronically. BUYER’s electronic confirmation of the Preliminary Information, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, prices of the products including taxes, payment and delivery information correctly and completely.
6.2- Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
6.3- SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, and the information and documents required for the job, free from any defects, in a solid manner in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, and to act with prudence and foresight.
6.4- SELLER may supply a different product of equal quality and price by informing BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
6.5- The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
6.6- BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
6.7- BUYER accepts, declares and undertakes that if the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
6.8- If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that occur beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after it is refunded to the bank is entirely related to the bank transaction process, BUYER cannot hold the SELLER responsible for possible delays. 9.9. SELLER has the right to reach BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards BUYER.
6.9- The BUYER shall inspect the goods/services subject to the contract before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.
6.9- The BUYER shall inspect the goods/services subject to the contract before receiving them; it shall not accept goods/services that are crushed, broken, torn in packaging, etc. damaged and defective from the cargo company. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order. The goods/services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
6.10- BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
6.11- The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
6.12- BUYER may not use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members may not engage in any activity that prevents or makes it difficult for others to use the services (spam, virus, trojan horse, etc.).
6.12- Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
6.13- The member who violates one or more of the articles listed in this contract shall be personally liable for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
6.14- If the buyer is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the seller will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the buyer's responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/institution other than the buyer, the seller cannot be held responsible if the person/institution to be delivered is not present at the address or does not accept the delivery. In such cases, all kinds of damages arising from the buyer receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the seller belong to the buyer.
6.15- In general, and unless otherwise expressly stated, delivery costs (shipping costs, etc.) are the responsibility of the buyer. The seller may not reflect all or part of the delivery costs to the buyer, depending on the campaigns it runs at the time of sale and the terms of which are announced on its website. 

7- RIGHT OF WITHDRAWAL
7.1- If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer's approval before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal. 

7.2- In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set forth in this contract. In case of exercising this right, 

  1. The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.) 
  2.  Return form, 
  3.  The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any. 
  4. The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days. 
  5. If the value of the goods decreases due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period. 
  6. If the amount falls below the campaign limit set by the SELLER due to the use of the Right of Withdrawal, the discount amount used within the scope of the campaign will be cancelled. 

7.3- If a contracted cargo company is specified on the website for product returns, the buyer can send the product from a branch within or outside the district where it is located, in which case no fee will be charged to the buyer. In this return process, the product must be delivered complete and undamaged, together with its box, packaging, and standard accessories, if any.
7.4- Provided that the above-mentioned requirements are met by the buyer, within 14 days from the date on which the Right of Withdrawal notification reaches the seller, the product price and, if any, the delivery costs of the product to the buyer will be refunded to the buyer in accordance with the payment method used when purchasing the product. The buyer's legal rights and responsibilities regarding the products after the withdrawal period and the seller's rights and obligations, including contractual and legal collection and offset rights, including points related to reward points from the buyer, are also present and valid.

8. CASES WHERE THE RIGHT OF WITHDRAWAL IS NOT VALID
In Article 15 of the Regulation on Distance Selling Contracts prepared within the scope of the Consumer Protection Law No. 6502, the exceptions to the right of withdrawal are stated as follows: 

ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.

b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.

c) Contracts for the delivery of goods that are perishable or subject to expiry.

Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.

d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.

g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.

Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.

9. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER defaults in the payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt. 

10. IN CASE OF DISPUTE, COMPETENT COURTS AND ENFORCEMENT OFFICES
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or the Seller's place of residence, if he or she so wishes.
Information regarding the monetary limit is provided below.
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, in disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) To the provincial consumer arbitration committees for disputes with a value below 3,000.00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

c) In provinces with metropolitan status, in disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees. This Agreement is made for commercial purposes. The Consumer may reach the Seller through the communication channel below regarding the problems experienced during or after shopping on the Seller's website.

Phone: +90 212 234 02 06
E-mail:  info@onkagloabal.com

ACCEPTANCE, APPROVAL AND ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER: Onka Global Danışmanlık Ve İthalat İhracat LTD. ŞTİ.
BUYER:
DATE: