Distance Selling Agreement
Article 1 - Subject Matter
The subject matter of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the SELLER to the BUYER, and encompasses the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers - Regulation on Distance Contracts.
Article 2 - Seller Information
Title: --
Address: --
Phone: --
Email: --
Article 3 - Buyer (Consumer) Information
Name/Title: [Customer Name]
Address: [Customer Address]
Phone: [Customer Phone]
Email: [Customer Email Address]
Article 4 - Buyer (Consumer) Information
The type, quantity, brand/model, color, number of units, sales price, and payment method of the goods/product/service are as follows:
Contract Date:
Product Delivery Date:
Amount of Delivery Costs: TL
Type of Goods/Product/Service: Flowers
Brand/Model: Flowers
Cash TL. Sales Price (Including Taxes): Flowers
Article 5 - General Provisions
5.1 The BUYER declares that they have read and are aware of all preliminary information regarding the essential characteristics of the product, the sales price, the payment method, and delivery details specified in Article 4, and that they have provided the necessary confirmation electronically.
5.2 The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated, within the time frame specified in the preliminary information, depending on the distance of the BUYER's place of residence for each product, provided that the legal period of 30 days is not exceeded. This period may be extended by a maximum of 10 days, provided that the consumer is notified in writing.
5.3 If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
5.4 The SELLER is responsible for delivering the product in good condition, complete, and conforming to the specifications stated in the order. Provided there is a justifiable reason, the SELLER may supply the CONSUMER with goods or services of equal quality and price before the expiration of the performance obligation arising from this contract.
5.5 Confirmation of this contract electronically and payment of the order price are required for the delivery of the product subject to this contract. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
5.6 If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved.
If the BUYER cancels the order, the amount paid will be refunded within 10 days.
5.7 In the event that the BUYER fails to fulfill its payment obligations under this agreement, the SELLER may initiate enforcement proceedings, file a lawsuit, and pursue other legal remedies to collect the unpaid price of the product, together with interest calculated at the interest rates stipulated in the agreement, based on the price of the product on the delivery date.
Article 6 -
Right of Withdrawal According to Article 7, paragraph 4, subparagraph c of the Regulation on Distance Contracts, the consumer cannot exercise the right of withdrawal for goods prepared according to the consumer's requests or explicitly tailored to their personal needs. Furthermore, the consumer does not have the right of withdrawal for contracts relating to the delivery of goods that, by their nature, are unsuitable for return, are susceptible to rapid deterioration, or are likely to expire.
Article 7 - Competent Court
In the implementation of this agreement, Consumer Arbitration Boards, up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or SELLER shall have jurisdiction.