Distant Sales Contract

1. PARTIES

1.1. SELLER

Title: 

Address: 

Web site:

E-mail address:

Phone : 

Mersis: 

Trade Reg. No:

1.2. BUYER  

Name Surname :

Address :

E-mail address :

Phone :

Seller and Buyer shall separately be referred to as “Party”, together referred to as “Parties”.

1.3 ORDERING PARTY

Name Surname :

Address :

E-mail address :

Phone :

1.4. INVOICING DETAILS

Name Surname :

Address :

E-mail address :

Phone :

2. DEFINITIONS

In interpreting the contract, the below-defined terms constitute meanings of the following term.

Ministry: Turkish Ministry of Customs and Trade

Kanun: Law No 6502 on Consumer Protection

Yönetmelik: Regulation no 29188 of November 27th, 2014 on Distant Sales Contract

Product: All kind of ordered GOM branded products including toys etc.,

Seller: Company providing service and product to customers within its commercial and technical activities,

Alıcı: Real or legal person who acquires, uses or utilizes the product or service for commercial or non-commercial use,

Site: www.gomyap.com domain which belongs to Seller,

Ordering Party: Real or legal person who electronically orders the product placed for sale in the Site,

3. SUBJECT OF THE CONTRACT

This distant sales contract (“Contract”) subjects the sales and delivery of the products which are ordered online with the below purchase price from Site by BUYER, in accordance with the law and regulations and the rights and obligations of the Parties.

4. PRODUCTS

4.1. The total purchase price included VAT states below. The currencies of the payment price may vary upon the ordering country as TRY, Euro and US Dollars.

5. PAYMENT

5.1. SELLER shall accept credit card, transfer or electronic fund transfer (Visa, Mastercard) for payment. The online payment transactions are held by iyziko. The BUYER’s bank account details are encrypted and not in free movement free on the Internet. The BUYER’s bank account details (card number, expiration date, etc.) shall not be shared with the SELLER.

5.2. BUYER may issue the payment via her/his own card or any third parties’ card. SELLER makes return payments for the right of withdrawal, return payment is made to the account/card the order is placed.

5.3. The invoice is prepared with the provided information and delivered to BUYER with the product.

5.4. In the event BUYER’s bank or financial institution would not transfer the purchase price to SELLER for any reason including illegal and unfair use of credit card occurred beyond SELLER’s knowledge, BUYER accepts and agrees to return the Product(s) within 3 days upon notification of the SELLER and to bear return delivery expenses.

5.5. In the event purchase price would not be paid or canceled, the SELLER will be free of the delivery obligation.

5.6. If the BUYER makes installment buying, the installment amount and type stated in the Site shall be deemed valid. As for payment in installments, the agreement among BUYER’s shall be valid and applied. The due dates of the payments shall also be determined by BUYER’s bank due to date will be determined among BUYER and BUYER’s bank. BUYER may track installment amount and payments through account payment statements.

5.7. BUYER can use the discount coupons only once. In case of multiple uses, the order shall be canceled and the payment will be returned.

6. SHIPPING AND DELIVERY

6.1. Any orders placed outside Turkey will be deemed as importation. In the event of importation, BUYER shall be liable for local taxes and additional expenses (import tax, customs pay on delivery).These taxes and expenses are beyond the knowledge and jurisdiction of SELLER. BUYER should be informed on such taxes from local authorities or consultants.

6.2. Deliveries destined for Turkey are shipped the day following the receipt of order. Orders destined to other countries will be shipped in 2 days as of the date of order placed with UPS, FedEx or PTT. Delivery time may differ from the country or customs process. In any case, if the SELLER fails to deliver the Product(s) within 30 days, BUYER may terminate the contract.

6.3. If the Product is not available in stock, SELLER informs the BUYER in the delivery period.

6.4. BUYER must examine the products before collecting them whether the Product(s) are crushed, broken, open, in the ripped package, damaged and defective and shall not collect such Product(s). BUYER undertakes to replace such Product(s) with a brand new version within 30 (thirty) days.

6.5. The parties hereby accept and declare that if BUYER instructs delivery of the Product(s) to a third party, SELLER shall not be liable for the refusal of collection.

6.6. If the BUYER’s information is not valid or the Product(s) are returned, SELLER tries to reach the BUYER via the provided phone, e-mail, and mail. If the SELLER cannot be reached, SELLERmay hold the shipment for 15 (fifteen) days. If SELLER would not reach any response from BUYER within this period, the order will be canceled.

7. RIGHT OF WITHDRAWAL AND PRODUCT REPLACEMENT

7.1. BUYER has the right to withdraw or request replacement of the purchased Product(s) within 14 (Fourteen) days as of the delivery to the address stated above without any need of solid grounding.

7.2. BUYER who would like to exercise the right of withdrawal and product replacement is expected to apply the following actions within 14 (Fourteen) days as of the receipt of the delivery:

• Send an e-mail to info@gomyap.com and inform about the Product(s) which right of withdrawal and replacement will be applied and receive a return delivery code from SELLER.
• BUYER must return the Product(s) within 7 days after receiving the return delivery code with its invoice and packaging undamaged, complete and ready for resale to the SELLER’s address “………………………………..”
• In the event, the real person BUYER would not return the invoice and the legal entity BUYER would not issue a return invoice and send it to SELLER, the Product(s) shall not be taken back.
• If the Product(s) are missing, broken, damaged, defected and the package and not suitable for resale SELLER shall not take the Product(s) back and make a return payment.

7.3. SELLER shall make the return payment within 10 (ten) days upon receiving the returned Product(s).

7.4. The delivery expenses are covered by BUYER in the use of the right of withdrawal and product replacement. Any order may not be replaced more than twice (2).

7.5. The return payments are made to the purchasing account or credit card, such payments cannot be returned to third party accounts.

8. WARRANTY

8.1. SELLER provides a limited warranty for each of the Product(s) against defects in material and workmanship under normal use and service for a period of one-year. The invoice which will be delivered with the Product(s) shall be deemed a warranty certificate and needs to be kept during the warranty period.

9. PERSONAL DATA USE AND INTELLECTUAL PROPERTY RIGHTS

9.1. Personal data comprises of name, surname, Turkish ID No/Tax No, address, e-mail, invoicing address, financial data and demographic data can be stored and processed with third-party service providers for the purpose of this Contract and within the scope of Law no 6698 on Personal Data Protection. SELLER does not store any financial data (i.e credit card number). SELLER shall not be liable for the data processed by third-party service providers.

9.2. The intellectual and industrial property rights of the Product(s) solely belongs to SELLER. Products shall not be used, reproduced and reverse engineered without permission of SELLER.

10. FORCE MAJEURE

10.1. If the performance of this Contract or any obligations hereunder is prevented, restricted or interfered with or delayed by reason of including but not limited to acts of God, wars, riots, fire, storm, adverse weather conditions (heavy rain and hail) explosions, strikes, delays for third party service providers, accidents or any acts occurred in consequence of governmental decisions or order or similar occurrence or condition beyond the reasonable control of the parties, the Party so affected shall, upon giving prompt notice to the other party be excused from such performance during such prevention, restriction or interference and any failure or delay resulting therefrom shall not be considered a breach of this Contract.

10.2. The Parties shall discuss how to proceed with the Contract. In case such force majeure cannot be resolved or abolished within 30 (thirty) consecutive days, the Contract can be terminated upon notice of either Party.

11. GOVERNING LAW AND JURISDICTION

In the event that any claim or dispute arises in connection with this distant sale relation, and fail to resolve amicably by way of good faith negotiations and mediation, Turkish Law shall be applied and the governing jurisdiction will be Turkish Arbitration Committee for Consumer Problems in the SELLER’s place of business or Consumer Courts and Execution Offices in the SELLER’s place of business, depending on the thresholds.

12. DECLARATION OF ACCEPTANCE AND APPROVAL

BUYER shall accept and declare that she/he informed of all written conditions and explanations under Notification Form and that the qualities of the Product(s) stated, purchase price, payment type, all other details pre-information about purchased Product(s), fully saw and informed all these information online, read the content, accepted and ordered the Product(s) online by approving all these conditions and this Contract.

13. NOTICES

Parties agree and acknowledge that the addresses stated above are their respective legal addresses and notices to such addresses shall be valid. Either Party acknowledges and confirms that if it determines an address other than the above as its legal residence and notification address, it shall inform the other Party about its new address within five (5) days at the latest. On the contrary case, the SELLER’s notification sent to the previous address of BUYER shall be deemed to be served duly and in compliance with the laws, the day after SELLER sends.

This Agreement, comprising of thirteen (13) articles, has been executed on …/…/… in two (2) copies by the signatories of the Parties. The notification form and Product(s)’ invoice are inseparable parts of this Contract.

BUYER, accepts and undertakes that, she/he declared true information to SELLER and fully read this Contract and Notification Form when approving the Contract and placing the order.