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DISTANCE SALES AGREEMENT


1. PARTIES
This Agreement is executed between the parties below under the specified terms and conditions:

A. 'BUYER': (hereinafter referred to as "BUYER")
B. 'SELLER': (hereinafter referred to as "SELLER")

Corporate Name: Çakır Endüstriyel Üretim Dış Ticaret Limited Şirketi
Address: Yakuplu Mah. 38. Sokak No:25A, 34524 Beylikdüzü/İstanbul

By accepting this Agreement, the BUYER acknowledges and agrees in advance that, upon confirming the order subject to the Agreement, they will be responsible for paying the price of the order as well as any additional charges such as shipping fees and taxes, if applicable.


2. DEFINITIONS
For the implementation and interpretation of this Agreement, the terms listed below will have the meanings assigned to them:

  • MINISTRY: The Ministry of Customs and Trade,
  • MINISTER: The Minister of Customs and Trade,
  • LAW: Law No. 6502 on the Protection of Consumers,
  • REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
  • SERVICE: Any consumer transaction subject to a fee or benefit, excluding the supply of goods,
  • SELLER: The company offering goods to consumers as part of its commercial or professional activities or acting on behalf or account of such a provider,
  • BUYER: The real or legal person acquiring, using, or benefiting from a good or service for purposes other than commercial or professional activities,
  • SITE: The internet site owned by the SELLER,
  • ORDERER: The real or legal person requesting a good or service through the SELLER's website,
  • PARTIES: The SELLER and BUYER,
  • AGREEMENT: This Agreement concluded between the SELLER and BUYER,
  • GOODS: Movable items subject to shopping, including software, audio, visual, and other intangible goods prepared for use in electronic environments.

3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER through the SELLER’s website, as per the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The listed and advertised prices are the sale prices. Advertised prices and commitments are valid until updated or changed. Prices for limited-time offers are valid until the specified deadline.


DISTANCE SALES AGREEMENT


4. SELLER INFORMATION
Corporate Name: Çakır Endüstriyel Üretim Dış Ticaret Limited Şirketi
Address: Yakuplu Mahallesi 38. Sokak No:25A, 34524 Beylikdüzü/İstanbul
Phone: +90 546 626 31 03
Email: bilgi@cakirendustriyel.com


5. BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Email/Username:


6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

6.1. The primary features (type, quantity, brand/model, color, number) of the goods, products, or services are published on the SELLER's website. If a campaign is organized by the SELLER, you can review the primary features of the relevant product during the campaign period. Campaigns are valid until the specified end date.

6.2. Listed prices on the site are sales prices. Published prices and promises are valid until updated or changed. Time-limited prices are valid until the specified date.

6.3. The total sales price of the goods or services subject to the agreement, including all taxes, is shown below:

  • Product Description:
  • Quantity:
  • Unit Price:
  • Subtotal (Including VAT):
  • Shipping Fee:
  • Total:
  • Payment Method and Plan:
  • Delivery Address:
  • Recipient Name:
  • Billing Address:
  • Order Date:
  • Delivery Date:
  • Delivery Method:

6.4. The shipping cost, which is the shipping expense for the product, will be paid by the BUYER.


7. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Email/Username:
Invoice Delivery: The invoice will be sent via email following the order delivery.


8. SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATION, AND INTELLECTUAL PROPERTY RULES

The rules, policies, and terms regarding the protection, confidentiality, processing, usage of information, communication, and other matters on the WEBSITE are as follows:

8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the SELLER's system infrastructure, based on current technical possibilities. However, since this information is entered on the BUYER's device, it is the BUYER's responsibility to protect it and to prevent unauthorized access by third parties, including but not limited to taking precautions against viruses and similar harmful applications.

8.2. In addition to the explicit consent and approval provided by the BUYER regarding personal data and commercial electronic communications, the SELLER may record, store in physical/magnetic archives, update, share, transfer, process, or use the information acquired during the BUYER’s membership or shopping on the WEBSITE indefinitely or for the duration deemed appropriate. These data may also be transmitted to relevant authorities and courts when legally required. The BUYER consents to the use, sharing, and processing of both personal and non-personal existing and new information in accordance with the applicable personal data protection laws and electronic commerce regulations.

8.3. The BUYER can always stop data processing and/or communication by contacting the SELLER through the specified communication channels. Upon the BUYER's explicit request, data processing and communication will cease within the legal maximum period. The BUYER may also request the deletion or anonymization of data not required by law.

8.4. All information and content on the WEBSITE, as well as their organization, revision, and partial or full usage, belong to the SELLER unless they belong to third parties with whom the SELLER has an agreement. All intellectual and industrial property rights are reserved by the SELLER.

8.5. The SELLER reserves the right to make any changes to the above-mentioned matters. These changes will take effect as soon as they are announced on the WEBSITE or via other appropriate means.

8.6. For other websites accessed through the WEBSITE, their privacy-security policies and terms of use apply. The SELLER is not responsible for any disputes or negative consequences arising from these sites.


9. GENERAL PROVISIONS

9.1. The BUYER declares, acknowledges, and agrees that they have read and understood the pre-information regarding the main features, sales price, payment method, and delivery details of the product subject to the agreement on the SELLER’s website and have provided the necessary electronic confirmation. The BUYER further acknowledges and agrees that by providing electronic confirmation of the Pre-Information, they have correctly and completely obtained the address, primary characteristics of the ordered products, including their tax-inclusive prices, and payment and delivery information, as required by the SELLER before the establishment of the Distance Sales Agreement.

9.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or entity designated at the address specified by the BUYER, within the period specified in the pre-information section of the website, depending on the BUYER’s location, but not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

9.3. The SELLER commits to delivering the product specified in the order in accordance with the order details, free from defects, including any necessary warranty documents and user manuals, and in compliance with legal regulations and standards. The SELLER agrees to perform the delivery based on principles of accuracy, honesty, and diligence and to maintain and improve the quality of service.

9.4. The SELLER may, before the fulfillment period expires, provide a different product of equal quality and price, provided they inform the BUYER and receive their explicit approval.

9.5. If it becomes impossible for the SELLER to fulfill the obligations related to the ordered product or service, the SELLER shall notify the BUYER of this situation in writing within three days and return the total amount paid by the BUYER within 14 days.

9.6. The BUYER acknowledges and agrees that they must electronically confirm this Agreement for the delivery of the product. If the payment for the product is not made or canceled in the bank records for any reason, the SELLER’s obligation to deliver the product shall cease.

9.7. If the product subject to the agreement is delivered to the BUYER or the person/entity designated by the BUYER, and the payment for the product is not made to the SELLER by the respective bank or financial institution due to unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER agrees to return the product to the SELLER within three days, with the transportation costs borne by the SELLER.

9.8. In the case of force majeure or other unforeseeable circumstances outside the control of the SELLER that prevent or delay the fulfillment of the SELLER's obligations, the SELLER agrees to inform the BUYER. In such cases, the BUYER may cancel the order, request a replacement of the product with its equivalent, or postpone the delivery until the impediment is resolved. If the order is canceled by the BUYER, payments made in cash will be refunded to the BUYER within 14 days. Payments made by credit card will also be refunded to the respective bank within 14 days after the cancellation, and the reflection of the refunded amount in the BUYER’s account depends entirely on the bank’s process. The BUYER acknowledges that the SELLER cannot be held responsible for possible delays in this process.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through the address, email, fixed and mobile phone lines, and other communication channels provided by the BUYER during registration or later updated. By accepting this Agreement, the BUYER consents to the SELLER’s aforementioned communication activities.

9.10. The BUYER is required to inspect the product/service before accepting it. Damaged or defective products (e.g., crushed, broken, torn packaging) should not be accepted from the shipping company. Once the product is received, it is considered to have been delivered intact and undamaged. After delivery, the obligation to carefully protect the product belongs to the BUYER. The product should not be used if the right of withdrawal is to be exercised, and the invoice must be returned.

9.11. If the cardholder for the credit card used during the order is different from the BUYER or if a security issue is detected regarding the credit card before the delivery of the product, the SELLER may request the BUYER to provide identity and contact information, the credit card’s previous month’s statement, or a document from the bank proving that the credit card belongs to them. Until the requested information/documents are provided, the order will be suspended, and if the request is not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares that the personal and other information they provided during registration is truthful. The BUYER agrees to indemnify the SELLER immediately, in cash and in full, for any damages incurred by the SELLER due to inaccuracies in this information.

9.13. The BUYER agrees to comply with all legal regulations while using the SELLER's website and not to violate these regulations. Otherwise, all legal and criminal responsibilities arising from such violations will solely and exclusively bind the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, harasses others, or infringes on the intellectual and material rights of others. They may also not engage in activities that interfere with or disrupt the use of services by others, such as spam, viruses, or Trojan horses.

9.15. Links to other websites or content may be provided on the SELLER's website. These links are provided for the convenience of the BUYER and do not support or guarantee the accuracy of the content of the linked websites.

9.16. Members who violate any of the terms listed in this Agreement are personally liable for all criminal and legal consequences of these violations, keeping the SELLER harmless. In the event of such violations being referred to the legal domain, the SELLER reserves the right to claim compensation for non-compliance with the Membership Agreement.


10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise their right of withdrawal without bearing any legal or criminal liability or providing any justification by rejecting the goods within 14 (fourteen) days of the delivery date of the product to themselves or to the person/entity indicated at the delivery address for distance contracts related to the sale of goods. For distance contracts involving the provision of services, this period begins from the contract's signing date. The right of withdrawal cannot be exercised for service contracts where the service provision has begun with the consumer's consent before the withdrawal period expires. Expenses arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. According to the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, the right of withdrawal can only be exercised if the product maintains its original condition and resalability. This means the product must not have been used beyond testing its features and functionality under normal conditions. For instance, in the case of electrical kitchen appliances, using the product (e.g., cooking food) may impact its resalability and thus limit the exercise of the right of withdrawal.

To exercise the right of withdrawal, a written notification must be sent to the SELLER within the 14-day period via registered mail, fax, or email. The product must remain unused and comply with the terms outlined in the "Products Where the Right of Withdrawal Cannot Be Exercised" section of this agreement. If this right is exercised:

  • a) The invoice of the product delivered to the BUYER or the third party must be returned. If the invoice is issued in the name of an organization, a return invoice issued by the organization must accompany the returned product. Returns of products invoiced to organizations cannot be completed without the RETURN INVOICE.
  • b) The return form must be included.
  • c) The returned product must be delivered completely and undamaged, including its box, packaging, and any standard accessories.
  • d) The SELLER is obligated to refund the total price and any documents that put the BUYER under debt within 10 days of receiving the withdrawal notification and to accept the product return within 20 days.
  • e) If there is a decrease in the value of the product due to the BUYER’s fault or if the return becomes impossible, the BUYER is responsible for compensating the SELLER’s damages proportionately. However, the BUYER is not held liable for changes or deterioration that occur due to proper use of the product within the withdrawal period.
  • f) If the use of the right of withdrawal results in the total order amount falling below the campaign threshold set by the SELLER, any discounts provided under the campaign will be revoked.

11. PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

11.1. Contracts for goods or services whose prices fluctuate depending on changes in financial markets and are beyond the seller's or provider's control.
11.2. Contracts for goods prepared in line with the consumer’s preferences or personal needs.
11.3. Contracts for the delivery of goods that are perishable or may expire quickly.
11.4. Contracts for the delivery of goods whose protective elements (e.g., packaging, tape, seal) have been removed after delivery and cannot be returned for health or hygiene reasons.
11.5. Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
11.6. Contracts for books, digital content, or computer consumables provided in physical media if their protective elements (e.g., packaging, tape, seal) have been removed after delivery.
11.7. Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under a subscription agreement.
11.8. Contracts for services related to accommodation, transportation of goods, car rental, catering, or leisure activities scheduled for a specific date or period.
11.9. Contracts for services instantly performed electronically or intangible goods instantly delivered to the consumer.
11.10. Contracts for services that began with the consumer's consent before the withdrawal period expires.
11.11. Contracts for movable properties subject to mandatory registration under the Highway Traffic Law No. 2918 or unmanned aerial vehicles requiring registration.
11.12. Contracts for mobile phones, smartwatches, tablets, and computers that have been delivered to the consumer.
11.13. Contracts concluded via live auctions.
11.14. Contracts for goods requiring installation or assembly by the seller or authorized service provider, as specified in the user manual, where such installation or assembly has been performed.


12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER acknowledges, declares, and undertakes that if they default on payments made via credit card, they will be liable to pay interest under the terms of their credit card agreement with the issuing bank and will bear full responsibility to the bank. In such a case, the relevant bank may take legal action, claim any expenses incurred as well as attorney fees from the BUYER, and in any case, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed fulfillment of their obligations resulting from the default.


13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections shall be submitted to the consumer arbitration committee or the consumer court at the location of the consumer's residence or where the consumer transaction was carried out, within the monetary limits specified by law.


14. ENFORCEMENT

The BUYER shall be deemed to have accepted all the terms of this agreement upon completing payment for their order made through the Website. The SELLER is obligated to ensure the necessary software arrangements are in place for the BUYER to read and confirm their acceptance of this agreement on the Website before the order is finalized.

SELLER: Çakır Endüstriyel Üretim Dış Ticaret Limited Şirketi
BUYER:

DATE: