Distance Sales Contract
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B.'Ottowall concrete industry domestic and foreign trade joint stock company.' ; (hereinafter referred to as "OTTOWALL" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if applicable, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
OTTOWALL: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: OTTOWALL's website,
ORDERER: A natural or legal person who requests a product or service through OTTOWALL's website.
PARTIES: OTTOWALL and BUYER,
CONTRACT: This contract concluded between OTTOWALL and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the OTTOWALL website.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4. OTTOWALL INFORMATION
Title: Ottowall Concrete Industry Domestic and Foreign Trade Joint Stock Company
Address: Korucuk Mah. Küme Evleri no: 232 Sinop/Center Phone: 368 230 0111
Epo. sta: info@ottowall.com.tr
5. BUYER INFORMATION
Person to be delivered:
Delivery Address:
Telephone:
Fax:
Email/username:
6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, and number) are published on the Ottowall website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until its expiration date.
6.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(VAT included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Person to be delivered
Billing Address
Order Date
Delivery date
Delivery method
6.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: Invoice will be sent to the invoice address along with the order during order delivery.
will be delivered.
8. - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the Ottowall system infrastructure, within the limits of current technical capabilities, depending on the nature of the information and transactions. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it and prevent unauthorized access.
8.2. In addition to and in confirmation of the BUYER's permissions and approvals regarding personal data and commercial electronic communications provided by the BUYER in other ways, the information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period determined by the specified parties and their successors for the provision of various products/services by Ottowall, C and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and allows the use, sharing and processing of his/her current and new personal and non-personal information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.
8.3. The BUYER may stop data use and processing at any time by contacting OTTOWALL through the specified communication channels and/or by contacting them through the same channels in accordance with legal procedures or by exercising their right to reject electronic communications sent to them. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications to the BUYER will be stopped within the legally maximum period. Furthermore, if the BUYER so requests, information other than that which is legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a manner that prevents identification. The BUYER may, if they so desire, contact OTTOWALL through the above communication channels and receive information regarding the processing of their personal data, the persons to whom they are transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any adverse outcome resulting from analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legally maximum period or may be rejected after the legal justification is explained to the BUYER.
8.4. All intellectual and industrial property rights and property rights regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/full use belong to OTTOWALL, except those belonging to other third parties in accordance with OTTOWALL's agreement.
8.5. OTTOWALL reserves the right to make any changes it may deem necessary regarding the above matters; these changes shall be valid from the moment they are announced by OTTOWALL on the WEBSITE or by other appropriate methods.
8.6. Other sites accessed from the WEBSITE are subject to their own privacy-security policies and terms of use, and OTTOWALL is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on OTTOWALL's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by OTTOWALL before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. OTTOWALL accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with the warranty documents, user manuals, and the necessary information and documents, if any, free from any defects, in accordance with the requirements of the legal regulations, in a sound manner and in accordance with the standards, in accordance with the principles of honesty and integrity, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. OTTOWALL may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the contractual performance obligation.
9.5. OTTOWALL accepts, declares and undertakes that if it is impossible to fulfill the contractual obligations in case the fulfillment of the ordered product or service, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, OTTOWALL's obligation to deliver the product subject to the Agreement will end.
9.7. If the price of the contractual product is not paid to OTTOWALL by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to OTTOWALL within 3 days, with the shipping costs being borne by OTTOWALL.
9.8. OTTOWALL acknowledges, declares, and undertakes to notify the BUYER if it is unable to deliver the contracted product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations. The BUYER also has the right to request that the order be canceled, the contracted product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by OTTOWALL 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 in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold OTTOWALL responsible for possible delays.
9.9. OTTOWALL reserves the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER on the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that OTTOWALL may engage in the aforementioned communication activities.
9.10. The BUYER must inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. 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, OTTOWALL may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, OTTOWALL reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by him while registering on OTTOWALL's website is true and correct, and that he will compensate OTTOWALL for any damages that may be incurred due to the inaccuracy of this information, immediately, in cash and at once upon OTTOWALL's first notification.
9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using OTTOWALL's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use OTTOWALL's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, the BUYER may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
9.15. OTTOWALL's website may contain links to other websites and/or other content that are not under OTTOWALL's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for the BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions of this agreement shall be personally and legally liable for such violation and shall hold OTTOWALL harmless from any legal or criminal consequences arising from such violation. Furthermore, should the matter be brought before the courts due to such violation, OTTOWALL reserves the right to seek compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that he/she notifies OTTOWALL. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by OTTOWALL. By accepting this contract, the BUYER acknowledges that he/she has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to OTTOWALL by registered mail, fax or email within 14 (fourteen) days and the product must not have been used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is a corporate product, it must be sent together with the return invoice issued by the corporate product. Returns of orders whose invoices are issued in the name of corporate products cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
d) OTTOWALL 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.
e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate OTTOWALL for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by OTTOWALL due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or have expired, products that are not suitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal regarding services whose performance began with the consumer's consent before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if a payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank in accordance with the credit card agreement between the bank and the cardholder. In this case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay OTTOWALL for any losses and damages incurred due to the delayed payment of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this contract will be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. OTTOWALL is obligated to make the necessary software adjustments to ensure that the BUYER has read and accepted this agreement on the Site before the order is placed.
OTTOWALL:
BUYER:
HISTORY: