Distance Sales Agreement
SELLER: Neon Apps Teknoloji Ltd.
ARTICLE 2 - SUBJECT
The subject of this Agreement is determining the Parties’ rights and obligations under the Code Regarding Protection of Consumers numbered 6502 for the sale and delivery of the product of which the price and qualities are stated below and which is electronically ordered by the Buyer on //www.neonapps.co – the website belonging to the Seller.
The rights and obligations of the Seller, the Buyer and the Provider, right of withdrawal, information liability, procedures and principles of delivery and other practices will be defined according to the by-law which will enter into force with respect to this issue.
ARTICLE 3 - PRODUCT OF THE AGREEMENT
The type and kind, quantity, trademark/model, the color, and the price of the products are defined as in ..... and this information is approved by the BUYER. These two copies of the Agreement signed by the Seller previously is undersigned and accepted by the Buyer on.... , and a copy of the same shall be sent to the mail address of the Buyer via mail. Goods/services shall be delivered to …….. at such address ………………….. that the Buyer demanded for the delivery to be made.
Type of Payment:
ARTICLE 4 - GENERAL PROVISIONS
4.1. The Buyer accepts and declares that he/she read the preliminary and other information stated on the //www.neonapps.co website about the basic features, sale price, validity period of the price, payment type and delivery of the product of the Agreement which is ordered on the //www.neonapps.co website belonging to the Seller, has accurate information about these issues and confirms the electronic purchase.
4.2. The product/products of the Agreement is/are delivered to the address of the Buyer or to the person’s/institution’s address indicated by the Buyer for every product according to the distance of the Buyer’s residential area within the time period defined by the preliminary information on the website with the condition of not passing the legal time limit of 30 days following the time of receipt of the order by the Seller which is defined by the applicable law. Shipment fee will be paid by the Buyer.
4.3. If the product of the Agreement is to be delivered to a person/institution other than the Buyer, the Seller shall not be held responsible for the refusal of the acceptance of delivery by them.
4.4. The Seller is responsible for delivering the product of the Agreementsafely, wholly, compatible with the qualities defined by the order and withthe user’s manual and warranty certificate if available.
4.5. For the delivery of the product of the Agreement, the Agreement shall be confirmed electronically and the price of the product shall be paid in the payment type preferred by the Buyer. If the price of the product is not paid or deleted from the bank records for any reason, it is accepted that the Seller is released from the liability of delivering the product.
4.6. After the delivery of the product, if the particular bank or financial institution does not pay the product price to the Seller because of that the credit card of the Buyer is used by the incompetent persons unrightly or illegally without the Buyer’s fault, the Buyer shall send the product to the Seller in 3 days if it’s delivered to him/her. In such a case, the transportation expenses shall be paid by the Buyer.
4.7. If the product price of the Agreement is paid by the Buyer with credit card, all legal risks which may emerge from a case in which the Buyer and the credit card owner or the person to whom the product is to be delivered are different, including the usage of the credit card by unauthorized people unrightly and illegally belong to the Buyer. The Buyer accepts, declares and undertakes not to make any demand from the Seller if he/she suffers damage in such situations.
4.8. In case the payment for the product of the Agreement is made to the ATM of a bank or as “deposit to account” at a branch of a bank by the Buyer, the Buyer accepts and undertakes to send an IBAN number of a bank account belonging to him/her rightly and wholly to the email@example.com website of the Seller for the usage of it in case the price of the product is to be returned to the Buyer pursuant to the provisions of the Agreement and to give consent to the return that will be carried out by the Seller. If the Buyer does not notify the Seller of his/her IBAN number as defined, he/she is not entitled to make any claim.
4.9. If the Seller fails to deliver the product of the Agreement within the legal term of 30 days due to force majeure or emergency such as adverse weather conditions unabling the transportation, interruption of the transport and/or technical reasons, etc., he/she shall inform the Buyer about this issue. In such a case, the Buyer is entitled to use one of his elective rights which are canceling the order, replacement of the product of the Agreement with a new one if available and delaying the delivery period until the disappearance of the situation preventing the delivery. If the Buyer cancels the order, then the paid amount is repaid with credit card or in cash at once within 10 days.
4.10. The defective or damaged products sold with or without warranty certificate may be sent to the Seller for the necessary repairment under the conditions of warranty. In such a case, the delivery fee shall be paid by the Seller.
4.11. If the Buyer resides/stays outside of the Turkish Republic borders and/or the delivery address of the product is outside of the Turkish Republic borders; he/she accepts, declares and undertakes to be responsible for all the customs, fees and other financial obligations according to the applicable law of the respective foreign state, and to make the payments that will be demanded for the delivery of the product immediately and in kind. Besides, if the address of the Buyer is outside of the delivery area of the contracted courier company of the Seller, the Buyer undertakes either to pay all the expenses that will be demanded to make the delivery of the product or the delivery of the product/products subject to the sale from the respective branch of the contracted courier company of the Seller by the Buyer/Buyers in person stated in this Agreement. The Buyer will be informed by the contracted courier company of the Seller in advance about this issue, and the Buyer may terminate the Agreement at will.
4.12. The Buyer and the Seller accept, declare and undertake that the correspondence addresses written in the beginning of the Agreement are valid for notification and all notifications made to these addresses are to be regarded as valid.
4.13. The Seller has the right to communicate with the Buyer via the address stated by the Buyer on the register form or the updated address, e-mail address, letter, e-mail, SMS, phone call or other ways through the fixed or mobile phone lines for communication, marketing, notification and other reasons. The Buyer accepts and declares by accepting this Agreement that the Buyer has the right to communicate with him/her as mentioned above.
4.14. The Buyer accepts and undertakes primarily to abide by the applicable law and not to infringe these rules when using the website of the Seller. Otherwise, the Buyer is liable for all legal and punitive obligations wholly and exclusively.
4.15. The Buyer shall not use the website belonging to the Seller by destroying the public order or disturbing and abusing the others or behaving against general morality or for an illegal aim or in a way infringing the material and moral rights of others. Besides, no member has the right to perform any transaction obstructing or preventing the usage of the services by others (spam, virus, truva, etc).
4.16. Link may be given via Seller’s own website to other websites and /or other web-contents which are not under the control of the Seller and/or belong to or are managed by the third parties. These links are given as a direction facility for the Buyer, so they do not encourage any website or the persons managing the websites and do not constitute any warranty for the information stated in the particular websites.
4.17. The member infringing one or some of the articles of this membership Agreement is personally liable legally and punitively due to this infringement and he/she shall immune the Seller from these legal and punitive consequences. Besides, the Seller’s right to claim indemnity from the member due to not abiding by the membership Agreement is reserved in case the issue is taken to the field of law.
ARTICLE 5 - RIGHT OF WITHDRAWAL
Except from the exceptions stated in Article 6 of this Agreement, the Buyer has the right of withdrawal within 7 days following the delivery of the product of the Agreement to him/her or to the person/institution indicated by him/her. In order to use the right of withdrawal, the Buyer shall notify the Seller via fax, e-mail, telephone or a permanent data carrier by taking confirmation within the particular time period, and the product shall be one of the ones stated in Article 6 and for which the right of withdrawal can be used conditionally – the package of these products shall not have been opened and they shall not have been used. A copy of the cargo delivery record and the original invoice indicating that the product delivered to the Buyer or a third party shall is sent to the Seller shall be returned. The product price is repaid to the Buyer within 10 days following the receipt of these documents. If the original invoice is not sent, the value added tax and other legal responsibilities - if available – shall not be returned. Shipment fee of the returned product due to the right of withdrawal shall be paid by the Seller.
ARTICLE 6 – PRODUCTS NOT SUBJECT TO RIGHT OF WITHDRAWAL
Before the time period for the right of withdrawal ends; the right of withdrawal shall not be used for the contracts of service performed by the consent of the consumer, the contracts regarding the goods of which the prices are determined by the stock-exchange or the other organized markets, the contracts regarding the delivery of the goods prepared in line with the demands of the consumer or explicitly upon the consumer’s needs that are not suitable for return due to their properties and may go off quickly or may expire; and under the condition that their package is opened by the consumer, the contracts regarding the record of sound or image, software and consumables of the computers, the contracts regarding the delivery of the periodicals like newspapers and magazines, the contracts regarding the performance of the services of bet and lottery, the contracts regarding the services performed electronically and the non-material goods delivered to the consumer immediately; and the products that cannot be returned due to their properties, single-use goods, duplicable software and programs, the products that go off or expire quickly, the services performed electronically and immediately and the goods delivered immediately to the consumer.
ARTICLE 7 - GENERAL PROVISIONS
7.1. The persons who are under the age of 18, lack mental capacity or are under legal disability shall not conduct any purchase with the Seller.
7.2. The Seller is not responsible for the wrong prices due to the mistakes of the system or composition.
ARTICLE 8 - COMPETENCE
The Arbitration Committee for Consumer Problems or Consumer Courts at the place where the Buyer buys the product or service or the Buyer resides are the competent juridical authorities for the disputes that may emerge due to the performance of this Agreement within the monetary limits declared by the Ministry of Industry and Trade on December of every year.
This agreement is read, accepted and confirmed electronically. For the issues which are not regulated by this Agreement, the Code Regarding the Protection of the Consumers numbered 6502 and the provisions of the relevant applicable law apply.
Neon Apps Teknoloji Ltd. ..................