Distance Selling Agreement
ARTICLE 1 - PARTIES
1.1. Party to Provide the Service: ........................ (Hereinafter referred to as Seller or Service Provider)
- Name Surname / Trade Name:
- Mersis Number:
1.2. Party that will benefit from the service: ........................ (Hereinafter referred to as Buyer or Service Receiver)
- Name Surname / Trade Name:
- Tax Administration:
- Tax number:
ARTICLE 2 - SUBJECT AND SCOPE OF THE CONTRACT
- 2.1. The subject of this Agreement is Dönmez Ev Tekstil San. Tic. A.Ş.'s website named "buldansonline.com" (hereinafter referred to as buldansonline.com) or other channels where value-added services created in connection with this site are offered (mobile applications, desktop applications, web applications and similar services). (“PLATFORM”) It is the determination of the rights and obligations of the Buyer and Seller in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation during the purchase and sale process of the services that are ordered and purchased by the Buyer electronically.
- 2.2. The conclusion of this agreement will not prevent the implementation of the provisions of the User Agreement and Service Provider User Agreement that the parties have concluded separately with buldansonline.com.
ARTICLE 3 - SERVICE SUBJECT TO THE CONTRACT
- 3.1 In this section, the type and features of the services for the event and organization sector ("SERVICE") sold by the Service Providers through the advertisements published on the Platform, and if purchased separately, the options offered by the Service Provider for the purchased service and which the Service Receiver can choose in line with his/her preference ("SERVICE" OPTIONS") and the services that the Service Receiver can purchase in addition to the service ("COMPLEMENTARY SERVICE") will be explained. Within the scope of this article, the information requested by the Seller from the Buyer for the execution of the service, as required by the nature of the service, is shown.
- Service Name:
- Service Content Included in the Price:
- Date of Service:
- Service Start Time:
- Service Features:
- Special Conditions:
- Items to be Provided by the Customer:
- Service Price:
- Additional Time Fee:
- Supplementary Services:
- Total Service Fee:
- Total Sales Amount:
- Payment method:
- Maturity Difference:
- Total Paid Amount (Including VAT):
ARTICLE 4-PAYMENT, ORDER FINALIZATION AND DOCUMENTATION
- 4.1. Payments for the Services purchased through the Platform are made through the Online Payment System and Guaranteed Payment Model.
- 4.2. Online Payment System: Buldansonline.com, the fee for the service to be purchased by the Service Receiver through the Platform and the commission fees that the Service Provider is obliged to pay to Click Kutla, cooperates in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions. It is a system that enables the collection from the Service User by the payment institutions, under the terms and conditions specified on the Platform, by credit card, debit card or other payment methods provided by banks and supporting online payment.
- 4.3. Guaranteed Payment Model: In order to ensure that the payment made by the Service Receiver at the service order stage is made in accordance with the conditions of the Distance Sales Agreement concluded between the Service Receiver and the Service Provider, the payment is received by transfer to the bank account notified to the Buyer by Click Kutla, as a reliable person, or by an agreed upon payment. It is transferred to the pool account at the financial intermediary institution and/or bank. If the Service Receiver does not raise an objection within 24 hours from the end of the period stipulated for the completion of the Service in the Distance Sales Agreement, the process of paying the portion of the Service fee entitled to it by the Service Provider begins. This fee is transferred to the Service Provider's account at the end of the period agreed with the financial intermediary institution and/or bank.
- 4.4. Finalization of the Order: In cases where the Service Provider has the authority to give instant confirmation, the order is finalized upon successful payment by the User using the payment method specified by the User. In cases where the Service Provider operates with the option to approve within a certain period of time, the order information is evaluated by the Service Provider within this period. If it is not approved, the order will be canceled and the User will be notified and the money will be refunded.
- 4.5. Documentation: Regardless of whether the Buyer is a real person or a legal entity, if the Seller issues an invoice to the Buyer, the total price is deducted including VAT. If the Seller issues a self-employment receipt to the Buyer, and the Buyer is a legal entity, it is obliged to bear the withholding tax. In cases where the Seller cannot issue an invoice and freelance receipt, the Seller must sign an expense slip and the withholding tax arising from the Service fee must be borne by the Buyer. (Expense slip can only be prepared by customers with legal entity, in line with financial legislation).
- If the payment subject to the Seller's offer is made by the Buyer by credit card in installments, the resulting maturity difference is assumed by the Buyer and is recorded in the summary in the Distance Sales Agreement.
- The Service fee specified by the Service Provider in the announcement, the fees for the Supplementary Services purchased by the Buyer, if any, the Service Options fees, if any, and the credit card installment fee will be arranged as the Total Service Fee in the document prepared by the Service Provider.
ARTICLE 5-REPRESENTATIONS AND COMMITMENTS OF THE BUYER
- 5.1. The Buyer accepts and undertakes to share the information to be provided through the Platform and requested by the Seller in a complete and truthful manner in order for the service to be performed properly in accordance with this Agreement.
- 5.2. The Buyer accepts and declares that he/she has fully learned and approved all information on the Platform, including the price, duration and payment method of the service purchased before the approval of this Agreement.
- 5.3. During the execution of the service, the Buyer undertakes to create the necessary conditions requested by the Seller for the performance of the service and to provide them throughout the service, and accepts that the Seller may refrain from performing the service in case of violation of this commitment.
- 5.4. Once the payment is received by Buldansonline as the authorized representative of the Seller in accordance with the Online Payment System, the Buyer's payment is deemed to have been made to the Seller and the obligation to pay the price arising from this contract is deemed to have been fulfilled.
- 5.5. The Buyer may object via the Platform within 24 hours following the completion of the service purchased in accordance with this agreement, stating that the service has not been performed. If the objection is not made within this period, the Buyer is deemed to have approved the service and the payment held in the pool account is transferred to the Seller's account.
- 5.6. With the approval of this agreement, the Buyer will be provided with means such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, e-mail, short message service regarding the services offered by Click Kutla on the Platform as an Intermediary Service Provider within the framework of the Law on the Regulation of Electronic Commerce No. 6563. It accepts all promotional, campaign and informational messages to be sent via all kinds of commercial electronic messages containing data, audio and video content sent for commercial purposes.
ARTICLE 6 - SELLER'S REPRESENTATIONS AND COMMITMENTS
- 6.1. In accordance with this agreement, the Seller will duly perform the service purchased by the Buyer through the Platform, in this context: it will be ready to perform the service on the day and time when the service will be performed, those who need to be present for the purpose of proper performance of the service, at the address and time specified by the Buyer, throughout the service period, and accepts and undertakes that it will be provided as mutually agreed.
- 6.2. The Seller acknowledges that the Buyer has the right to object to be used on the Platform within 24 hours from the end of the period envisaged for the completion of the service, that upon the Buyer's objection that the service has not been performed, the payment will be kept in the pool account upon an instruction to be directed by the Platform as a trusted person, the objection will be evaluated by Click Kutla, the Seller, If the Buyer does not arrive at the place where the service agreed by the Parties will be provided, with or without fault, due to a reason arising from the Buyer or due to force majeure, the payment made by the Buyer will be refunded to the Buyer and an amount of 10 (ten) times the Total Service Fee specified in the Distance Sales Agreement will be paid. The Seller accepts and undertakes that the penalty fee will be paid to the Buyer. However, if the service has been performed but is incomplete or not performed properly, a refund will be made to the Buyer at the rate agreed by the Parties on the service fee, only with the approval of the Seller. During this period, the Platform, as a trusted person, has the right to keep the payment in the pool account.
- 6.3. Unless there is a provision or agreement to the contrary, the Seller agrees to cover the transportation/logistics expenses for the performance of the service and to fulfill other financial responsibilities (taxes, duties, fees, etc.) and that buldansonline.com has no liability towards the parties and third parties in this context. and commits. Click Kutla declares that it will only collect the service fee commission in accordance with the determined commission rate and issue an invoice to the Seller in this regard.
ARTICLE 7 - RIGHT OF WITHDRAWAL
- 7.1. Pursuant to the Law on Consumer Protection No. 6092, within 14 days from the signing of the contract for the purchase of goods and services by the Buyer, who is considered a consumer, if the performance of the service will take place on a day before 14 days, for use on a day until today, without assuming any legal or criminal liability and without any justification. However, it should be noted that the service purchased within the scope of this contract is an exception within the scope of the same law if the service purchased within the scope of this contract is from the supply of food and beverages to be seen on a certain date or period and from products or services related to the evaluation of free time for entertainment or recreation purposes, the right of withdrawal is excluded. cannot be used.
- The right of withdrawal is exercised against the Seller by notifying the above-mentioned e-mail address, and the expenses incurred to exercise the right belong to the Seller. However, in any case, buldansonline.com will be notified in writing that this right has been exercised, and if the payment has not yet been transferred from the pool account to the Seller, the payment made by the Buyer during the refund process will be blocked in the pool account. buldansonline.com, upon notification, will send the Buyer the invoice for the Service received, and if the Buyer is a legal entity, the return invoice issued by the institution, to the Seller. If the Seller is forwarded to the payment account within 14 days from the date of receipt of the notification, it will return the payment made to the Buyer for the service to the Buyer. , accepts and undertakes that if the payment is not transferred to the Seller's account, the return invoices sent to it by the Buyer will subsequently be sent to Buldansonline.
- 7.2. Situations in which the Right of Withdrawal Cannot Be Used
The right of withdrawal cannot be used in some cases in accordance with the Law on Consumer Protection No. 6092, and the right cannot be exercised if the service that constitutes the subject of the contract is the type of service listed below or if the service is performed as envisaged.
1-Products or services related to accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be carried out on a certain date or period.
2-Products or services prepared in line with the consumer's wishes or personal needs
3-Services that are started to be performed with the approval of the consumer before the right of withdrawal expires.
ARTICLE 8 - RIGHT OF CANCELLATION
- 8.1. If the cancellation of the purchased service occurs within the Withdrawal Period or until the Cancellation Period specified by the Service Provider in the announcement, the entire amount paid by the Service Recipient will be refunded to him/her.
- 8.2. In cases where there is a historical conflict between the withdrawal period and the cancellation period determined by the Service Provider, the Cancellation Period conditions apply.
- 8.3. If the Service Receiver cancels the service between the cancellation period and 48 hours before the service will be performed, the Service Receiver waives 50% of the total service fee paid and half of the payment is refunded to the Service Receiver. In this case, the Service Provider issues a document (invoice/self-employment receipt) to the Service Receiver based on half of the total amount specified in the Distance Sales Agreement. For cancellations made 48 hours before the service will be performed, no refund will be made to the Service Receiver. In this case, the Service Provider issues documents (invoice/self-employment receipt, etc.) to the Service Receiver based on the total amount specified in the Distance Sales Agreement.
- 8.4. Service Provider cannot cancel a service purchased pursuant to this Agreement after confirmation. However, if Buldansonline is notified in writing that the service cannot be performed at least 72 hours before the service will be performed, the current situation and an alternative solution proposal will be communicated to the Service Receiver. If the cost of this solution is higher than the total service fee specified in the Distance Sales Agreement between the Service Provider and the Service Receiver, the Service Provider is obliged to pay the price difference to Click Kutla in cash and in advance, without the need for any warning. In any case, the Service Provider's obligation to compensate Click Celebrate and/or third parties for the damages incurred due to this cancellation continues.
ARTICLE 9- EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
- 9.1. If the buyer defaults on the service purchase made by credit card, the cardholder will pay interest within the scope of the credit card agreement concluded with the bank and will be liable to the bank. It is possible for the bank to take legal action regarding this situation and may request the expenses and attorney's fees incurred from the Buyer. In case of default in the payment of the Buyer's debt, the Buyer will be responsible for any damage incurred by the Seller or Buldansonline due to the delay in fulfilling the obligation to pay the service fee arising from this contract.
ARTICLE 10 - NOTIFICATIONS AND EVIDENCE AGREEMENT
- 10.1. All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer acknowledges that, in case of disputes that may arise from this Agreement, the official books and commercial records of the Seller and Buldansonline, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence, and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is.
ARTICLE 11 - COMPETENT COURT
- 11.1. In the implementation of this contract, provincial or district Consumer Arbitration Committees and Consumer Courts in the Seller's place of residence are authorized up to the value declared by the Ministry of Customs and Trade. If the service purchase is approved, the Buyer and the Seller are deemed to have accepted all the conditions of this contract.
ARTICLE 12 - ENFORCEMENT
- 12.1. This Agreement, consisting of 12 (twelve) articles, was read by the Parties and signed and entered into force by being approved electronically by the Buyer on ../../.....