DISTANCE SALES AGREEMENT

 

ARTICLE 1 - PARTIES

1.1 - Seller Information (Referred to as “Seller” in the Agreement.):

Title: Nexus Diyafon Akilli Ev Sistemleri Ic ve Dis Ticaret Anonim Sirketi
Address: Esentepe Mah. Buyukdere Cad. Loft Residence No: 201/6 Levent Sisli Istanbul
Phone: +90 212 909 8 876
E-mail: [email protected]
Mersis Number: 0631151526700001
Website: https://vso.com.tr

1.2 - Buyer Information (referred to as “Buyer” in the Agreement.):


Name/Surname/Title: xxxxx
Address: xxxxx
Phone: xxxxx
E-mail: xxxxx

 
ARTICLE 2 - SUBJECT

2.1 The subject of this Agreement herein is to determine the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts (together referred to as the "Legislation"), regarding the sale and delivery of the product having the qualifications specified in the contract, whose sale and delivery price is stated below and that the Buyer has ordered electronically from the Nexus Diafon Akilli Ev Sistemleri Ic ve Dis Ticaret Anonim Sirketi website and purchased from the Seller.

2.2 The Buyer accepts and declares in accordance with the provisions of this Agreement that the Seller has been informed by the Seller regarding name, title, full address, telephone, and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery and return conditions and costs, etc., all preliminary information about the goods subject to sale and the use of "withdrawal" right and how to use this right, official authorities to which they can forward their complaints and objections, etc. in a clear, understandable and internet-friendly manner, confirms this preliminary information electronically, and then orders the goods.

ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT, SALE PRICE AND DELIVERY

Date: xx.xx.xxxx 

Product Name  

Quantity  

Total Product Amount  

xxxxxx

x

$/€xxx,xx

 
Payment method: xxxxx
xxxxx with Total $/€xxx,xx

Delivery address: xxxxx
Recipient name: xxxxx


The type and sort of products, quantity, brand/model, color, the sales price including taxes and delivery information are as stated above. The above-mentioned sale price shall be collected from the Buyer and the Buyer makes the payment through xxxxx. Delivery costs belong to the Buyer or Seller according to the total order amount. In cases where the cost of cargo belongs to the Buyer, the cost of cargo is included in the general sum above.


3.1 Delivery Information:


Delivery Time: Maximum 7 working days after the order date.
Delivery Address: xxxxx
Name and Surname of the Person that the goods to be Delivered: xxxxx
Billing Address: xxxxx


Delivery of the products that cannot be delivered within the specified period of time can be extended to a maximum of 30 days from the order date in accordance with the Legislation.


3.2 Delivery Procedure:


Delivery of the product shall not be made to anyone other than the Buyer or the person or persons authorized to receive the delivery by the Buyer in this Agreement herein. At the time of delivery, presenting the identity of the persons authorized to receive the delivery is obligatory. If these people do not present their identity cards, they will be refrained from receiving deliveries. If the product subject to the Agreement is to be delivered to another person or persons other than the Buyer, The Seller cannot be held responsible if the person or persons to whom the product will be delivered do not accept the delivery.

ARTICLE 4 - RIGHTS AND OBLIGATIONS OF THE PARTIES
 
4.1- The BUYER declares that they have read the preliminary information regarding basic characteristics, selling price, payment method, and delivery of the product subject to the Agreement on the website of Nexus Diyafon Akilli Ev Sistemleri Ic ve Dis Ticaret Anonim Sirketi and has given the necessary confirmation electronically.
4.2 - By confirming this contract electronically, the buyer confirms that they have received the information regarding the address, telephone number, basic features of the ordered products, the price of the products including taxes, payment, and delivery information and the information of withdrawal right that should be given to the consumer by the Seller correctly and completely, before the conclusion of the distance sales agreements.
4.3- The Buyer shall inspect the product subject to the Agreement before receiving it and shall not accept damaged and defective product such as crashed, broken, with a torn packaging, etc. from the cargo company. If the Buyer realizes any damage or defects after delivery, which cannot be noticed at the time of the product delivery from the cargo company, they shall immediately notify the Seller of the situation via the [email protected] e-mail address.
4.4 - If the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer's card after the delivery of the product, the Buyer agrees to pay the Seller's loss and damage due to delayed payment.
4.5- The buyer declares and undertakes that the personal information provided under this Agreement is correct. The Buyer is responsible for the accuracy of personal information. The Buyer is responsible for all damages incurred by the Seller due to the fact that this information is not accurate.
4.6- In case the Buyer wants to return the product they bought, they agree and undertake not to damage the product and its packaging under any circumstances, and to return the original invoice and the delivery note at the time of return.
4.7 - The Buyer accepts and declares that they know that all software that enables them to benefit from the https://vso.com.tr website is generally not error-free and no statement or warranties are given by the Seller regarding this software in this Agreement. In this context, the Seller is not responsible for price inaccuracies caused by prompt and typesetting errors.
4.8 - The Buyer accepts, declares, and undertakes that they will make the transactions which are through the https://vso.com.tr website requiring online payment methods and the use of a credit or debit card with the consent of the credit card or debit card owner, otherwise, they will be solely responsible for all kinds of costs and damages, including attorney's fees that may arise from payment refund, non-performance of the service or similar reasons and they will keep the Seller free from all kinds of claims that may arise from them.
4.9 - Without limitation of place, time, content, medium and number, all financial rights under the name of the rights of "Adaptation" specified in Article 21, “Reproduction” specified in Article 22, “Distribution” specified in Article 23, “Performance” specified in Article 24 and right to “Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images” specified in Article 25 of the Law on Intellectual and Artistic Works No. 5846 and all intellectual property rights (copyright and other rights) including, but not limited to, the authority to exercise the moral rights regulated under the name of “Authority to Disclose the Work to the Public” in Article 14, “The Authority to Designate the Name” in Article 15 and “Prohibition of Modification” in Article 16 of the same law on the source code, data code, software and database in the system and their developed versions that make up the https://vso.com.tr website, and all products on the https://vso.com.tr website are belong exclusively to the Seller and without Seller's express written consent, they shall not be copied, processed or reverse engineered in whole or in part; all or part of the original and/or processed versions of them shall not be reproduced directly or indirectly; they shall not be distributed by any form or method; they shall not be used directly or by means of transmission of signs, sounds or images by performing in public places; they shall be used in digital environments and/or mobile devices, transmitted to the public and made available to third parties; they shall not be saved in data transporting devices that will be produced with the technical possibilities known at the Agreement date and to be developed after the Agreement date; they shall not be used in any audio-visual work; and they shall not be publicly transmitted, displayed, modified, adapted or translated by the methods known at the date of the Agreement or to be developed in the future, by means of signal-sound and/or image transmission, or by reissuing. 4.10 - Recipient, spam, virus, and other malicious software with internet or stop the operation of the site such as, but not limited restrictive business, process, or action, or whether his work in this direction, process, or that action will not have any relationship with a third party is accepted.
4.10 - The Buyer accepts, declares and undertakes that they shall not engage in any business, transaction or action that stops or hinders the operation of the Website through any malicious software including but not limited to spam and viruses or shall not have any relationship with third parties engaged in business, transaction or action in this direction.

ARTICLE 5 - RIGHT OF WITHDRAWAL

5.1 - The Buyer can use the right of withdrawal within 14 days from the receipt of the product, without taking any legal and penal responsibility, without giving any reason, and without paying any penal clause, pursuant to the provisions of Article 9 of the Regulation on Distance Selling Contracts.
5.2 - The period of the right of withdrawal becomes valid from the day the Buyer receives the product.
5.3 - The Buyer makes the notification regarding the exercise of their right of withdrawal by sending a written notification to the [email protected] e-mail address or by sending the return form sent with the product to the Seller. It must include all withdrawal right notices, the order number subject to withdrawal, the product and quantity subject to withdrawal, and the phone number. Return must be done by the cargo company named "Yurtici Kargo". Return Address: Esentepe Mah. Buyukdere Cad. Loft Residence No: 201/6 Levent Sisli Istanbul
5.4 - When returning the product subject to the withdrawal right to the Seller, the original invoice, the original box, and the accessories in the box submitted to the Buyer at the time of delivery of the product must also be returned. The invoice to be returned with the product will be returned by completing the return section and signed by the Buyer.
5.5 - The consumer can use their withdrawal right if have used the Product in line with its operation, technical specifications, and user manual. Goods produced in accordance with the user's special requests or personal needs (including those which made special to the person/personal needs by making changes or additions), even if they are not used, are not returned.

ARTICLE 6 - PRODUCTS HAVING NO WITHDRAWAL RIGHT

The right of withdrawal cannot be used for products that cannot be returned by nature, single-use products, software and programs that can be copied, products that deteriorate quickly, or whose usage date has expired. The exercise of the withdrawal right for the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused.

- Portable Computer (No return will be accepted after the original operating system is installed).
- All kinds of software and programs
- DVD, VCD, CD, and cassettes
- Computer and stationery supplies (toner, cartridge, ribbon, etc.)
- All kinds of cosmetic products
- Phone top-up orders

ARTICLE 7 - APPLICABLE LAW AND COMPETENT COURT

This Agreement herein is governed by Turkish law. In disputes, that may arise from this Agreement, up to the value announced by the Ministry of Customs and Trade (determined in December each year) Consumer Arbitration; if it is above the specified value, Consumer Courts; and where Consumer Courts are not available, Civil Courts of First Instance are authorized.

In the event that the order is placed, the BUYER is deemed to have accepted all the terms of this contract. This Agreement has been concluded on xx.xx.xxxx.

SELLER

Nexus Diyafon Akilli Ev Sistemleri Ic ve Dis Ticaret Anonim Sirketi

BUYER

 

Name Surname / Title: xxxxx

 

 

 

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