Distance Selling Contract

ARTICLE 1- PARTIES TO THE AGREEMENT

1.1. ABOUT THE SELLER:

– TITLE: ÖZ BARKOD
– ADDRESS: Malazgirt Mah. 1006. Sok No:16/2 Ankara/Çankaya
– TAX OFFICE & NO: Seğmenler / 1151371422
– PHONE: +90 552 700 06 72
– WEBSITE: ozbarkod.com
– E-MAIL: [email protected]

1.2. ABOUT THE BUYER:

– NAME-SURNAME / TITLE:
– ADDRESS:
– PHONE:
– E-MAIL:

ARTICLE 2- DEFINITIONS

– Buyer: The user who purchases the goods and services offered for sale by ozbarkod.com by using the services provided at ozbarkod.com.
– Site: The website consisting of the domain name ozbarkod.com and subdomains connected to this domain name.
– Seller: The entity/person providing, delivering, and supplying the product/service to the consumer upon request.
– ozbarkod.com Services: The applications provided by ozbarkod.com within the site to enable users to perform the tasks and transactions defined in this agreement (referred to as “Service”).

ARTICLE 3- SUBJECT AND SCOPE OF THE AGREEMENT

3.1. The subject of this agreement is the sale and delivery of the goods/services ordered by the BUYER electronically from the website ozbarkod.com owned by the SELLER, possessing the qualifications mentioned in this agreement, and the sale price specified in the agreement, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts, and it covers the rights and obligations of the parties.

3.2. The BUYER acknowledges and declares that they have been informed about all preliminary information regarding the basic characteristics (price, payment method, delivery conditions, etc.) of the goods/services subject to sale and the right of withdrawal, that they have confirmed this preliminary information electronically, and that they have placed the order afterwards according to the provisions of this agreement.

3.3. The pre-information and invoice included in the ozbarkod.com shopping site payment page are integral parts of this agreement.

3.4. The scope of this agreement includes all warnings, writings, and declarations made by ozbarkod.com regarding usage, membership, and services on the site within this agreement.

3.5. By accepting the provisions of this agreement, the user also accepts all declarations made by ozbarkod.com regarding usage, membership, and services on the site for purchases made through the site. The user and ozbarkod.com agree and undertake to act in accordance with all matters stated in these declarations.

ARTICLE 4- DATE OF THE AGREEMENT

4.1. This agreement, previously concluded by the SELLER, consists of two copies and is deemed to have been accepted, declared, and undertaken by the BUYER on the date of purchase.

4.2. One copy of this agreement belongs to the SELLER and the other copy belongs to the BUYER. (The copy belonging to the buyer is delivered via e-mail when necessary.)

ARTICLE 5- FEATURES OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT

5.1. The type and kind, quantity, brand/model, color, and total sales price including all taxes of the goods/services are as specified in the information on the product/service promotion page on the website ozbarkod.com and in the invoice, which is an integral part of this agreement. Unless otherwise notified through the company’s website via remote sale, product delivery and service provision are limited to the Republic of Turkey. There is no delivery abroad.

5.2. CASH PRICE OF THE GOODS/SERVICES: The cash price of the goods/services is included in the invoice content sent to the customer together with the product at the end of the order.

5.3. PAYMENT PLAN: In the case of purchases made with a credit card by the BUYER, the installment method chosen on the site applies. In installment transactions, the relevant provisions of the contract between the BUYER and the cardholder bank are valid. In purchases made by credit card, the payment date is determined according to the provisions of the contract between the bank and the BUYER.

5.4. PAYMENT METHOD

– DOWN PAYMENT AMOUNT: The down payment amount of the goods/services is included in the example invoice sent by mail at the end of the order and in the invoice content sent to the customer together with the product.
– INSTALLMENT AMOUNT: The price of the goods/services according to the installment applied to the sales price is included in the example invoice sent by mail at the end of the order and in the invoice content sent to the customer together with the product.
– INTEREST: The interest rate determined by the Government of the Republic of Turkey each year cannot exceed 30%. The BUYER is responsible to the bank they are a customer of in this regard.

ARTICLE 6- DELIVERY AND METHOD OF GOODS/SERVICES AND PLACE OF PERFORMANCE OF THE AGREEMENT

The goods/services are delivered to the address reported by the BUYER to the SELLER, to the BUYER or to the person specified by the BUYER.

ARTICLE 7- DELIVERY COSTS AND PERFORMANCE

7.1. Delivery costs are borne by the BUYER.

7.2. If the SELLER declares on the website that the delivery fee will be covered by the SELLER for purchases over the specified amount, the delivery cost belongs to the SELLER.

7.3. Delivery is made as soon as possible after the payment for the goods has been credited to the SELLER’s account, provided that the stock is available.

7.4. The SELLER delivers the goods/services within 30 (thirty) business days from the order. The SELLER reserves the right to extend the delivery period by 10 (ten) business days with written notification.

7.5. In any case where the payment for the goods/services is not made or is canceled in the bank records, the SELLER is released from the obligation to deliver the goods/products.

7.6. If it is determined that the credit card used by the BUYER to make the payment was used unlawfully by unauthorized persons after the product/service has been delivered and the relevant bank or financial institution does not pay the price of the sold product to the SELLER, the BUYER is obliged to return the product subject to this agreement to the SELLER within 3 (three) business days. In such a case, if the BUYER has caused any defect on the product that would prevent it from being resold after the delivery of the product, the BUYER agrees and declares to compensate the price of the product. In both cases, shipping costs are borne by the BUYER.

ARTICLE 8- BUYER’S RIGHTS AND OBLIGATIONS

8.1. The BUYER will inspect the product before taking delivery of the goods/services, and will not accept damaged and defective goods/services (e.g., crushed, broken, torn packaging) from the cargo company. Otherwise, the goods/products are considered to be intact and undamaged.

8.2. After delivery, the obligation to carefully protect the product passes to the BUYER.

ARTICLE 9- SELLER’S RIGHTS AND OBLIGATIONS

9.1. The SELLER is responsible for delivering the goods/products subject to this agreement in a sound, complete manner, in accordance with the specifications specified in the order, and with the warranty documents and user manuals, if any.

9.2. If the product/goods subject to this agreement is to be delivered to another person/entity, the SELLER cannot be held responsible if the person/entity to be delivered does not accept the delivery.

ARTICLE 10- RIGHT TO WITHDRAW/RESCIND FROM THE AGREEMENT

10.1. The BUYER may exercise the right of withdrawal within 7 (seven) business days from the delivery of the goods/services subject to this agreement to the BUYER or to the person/entity at the address specified by the BUYER, in accordance with the Consumer Protection Law No. 6502.

10.2. However, to exercise the right of withdrawal, the SELLER must be notified by e-mail, and the goods/products delivered must not be damaged or tested in accordance with the provisions of this agreement and the preliminary information published on the SELLER’s ozbarkod.com website.

10.3. The SELLER requires the return of the original invoice for the goods/products delivered to the BUYER or to the third party specified by the BUYER if the right of withdrawal is exercised. The BUYER agrees and declares to return the product received and the original invoice to the SELLER within 20 (twenty) business days at the latest if they withdraw from the product. If the original invoice is not returned, the BUYER cannot be refunded for VAT and other legal obligations, if any.

10.4. Following the notification of withdrawal to the SELLER, the price of the goods/services will be refunded to the BUYER within 10 (ten) business days at the latest. The delivery and shipping costs of the returned goods/services due to the right of withdrawal are borne by the BUYER.

ARTICLE 11- GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

11.1. The right of withdrawal cannot be exercised for goods/services that are by nature non-returnable, goods/services that deteriorate rapidly, goods/services with expired expiration dates, single-use goods/services, and any software and programs that can be copied.

11.2. The right of withdrawal cannot be exercised for services provided to the customer unless agreed otherwise.

11.3. In addition, the right of withdrawal cannot be exercised for the following goods/services, with the stipulation that they are intact, unused, and the relevant product/service has not been removed from the packaging, if any:
– All kinds of software and programs
– Products prepared specially for the customer
– Copyable media such as DVDs, VCDs, CDs, cassettes, and stationery
– Portable computers and desktop computers
– Printer consumables (cartridges, toners, ribbons, etc.)

ARTICLE 12- NOTIFICATION AND EVIDENCE AGREEMENT

12.1. The BUYER agrees that in any disputes arising from this agreement, the SELLER’s official books and commercial records, e-archive records, electronic information, and computer records will constitute valid, binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidential agreement.

12.2. All kinds of notifications to be sent to the parties in accordance with this agreement will be made to the known e-mail addresses of the parties, and such notifications will be valid until the parties notify the other party of the change in writing.

ARTICLE 13- COMPETENT COURT

In the event of disputes arising from the implementation of this agreement, the Consumer Arbitration Committees located in the place where the SELLER and BUYER reside, up to the value announced by the Ministry of Trade annually, and the Consumer Courts in the place where the SELLER and BUYER reside are authorized. In the absence of a Consumer Court, the Civil Courts of First Instance have jurisdiction. The Republic of Turkey’s Consumer Rights Protection Association is authorized to deal with disputes arising from the interpretation and application of this agreement.

ARTICLE 14- TERMINATION OF THE AGREEMENT

In the event that the obligations arising from this agreement are not fulfilled by either party or are partially fulfilled, the contract will be terminated. The party in breach of the contract will be responsible for indemnifying all damages and losses suffered by the other party due to the breach of the agreement.

This agreement consists of 14 articles and has been read, understood, and accepted by the BUYER and the SELLER on the date of its signature