DISTANCE SALES AGREEMENT
Article 1 – Parties to the Agreement
1.1. Seller
Autopartia Otomotiv Bilişim İthalat İhracat Sanayi ve Ticaret Limited Şirketi
Website: www.autopartia.com
Email: [email protected]
Telephone: +90 533 075 00 05
1.2. Buyer
End Consumer (“Customer”)
Article 2 – Subject of the Agreement
2.1. The Buyer acknowledges and declares that they have reviewed, understood, and electronically confirmed all preliminary information regarding the essential characteristics, sales price, payment method, delivery conditions, and right of withdrawal in respect of the goods/services offered for sale, and that they subsequently placed an order for such goods/services in accordance with the terms of this Agreement.
The person to whom the invoice will be issued is considered a party to this Agreement and is obligated to provide complete, accurate, and correct information. The Buyer shall be deemed to have accepted in advance all liability and losses arising from the provision of incomplete or inaccurate information.
2.2. The preliminary information and invoice presented on the payment page of the www.autopartia.com website constitute an integral part of this Agreement.
Article 3 – Agreement Date and Force Majeure
3.1. This Agreement, executed in duplicate and previously signed by the Seller, is deemed accepted upon execution by the Buyer on [DATE], and a copy shall be sent to the Buyer’s email address.
Events that did not exist or could not be foreseen at the time of signing, which arise beyond the control of the parties and render the partial or total performance of obligations under this Agreement impossible or untimely, shall be deemed force majeure. The party affected by force majeure shall notify the other party immediately in writing.
3.2. Force majeure shall include, but not be limited to, natural disasters, war, terrorism, civil unrest, changes in applicable legislation, seizure, strikes, lockouts, or significant breakdowns in production or communication facilities.
Where force majeure persists for thirty (30) days, either party may unilaterally terminate this Agreement without liability.
Article 4 – Delivery Costs and Performance
4.1. Delivery costs are borne by the Buyer. If the Seller declares on its website that delivery costs will be covered for purchases exceeding a specified amount, the cost shall then be borne by the Seller.
4.2. Delivery is made within the shortest possible time following confirmation of stock availability and receipt of the purchase price in the Seller’s account. The Seller shall deliver the goods/services within thirty (30) days of the order date, reserving the right to an additional ten (10) days with prior written notice. If the purchase price is not paid or is canceled in bank records, the Seller shall be released from the obligation to deliver.
Article 5 – Rights and Obligations of the Seller
5.1. The Seller is responsible for delivering the goods/services in sound condition, complete, in conformity with the specifications stated in the order, and accompanied by any applicable warranty certificates and user manuals. If delivery is to a person/entity other than the Buyer, the Seller is not liable for refusal to accept delivery by such person/entity.
Upon receipt of a notice of withdrawal, the Seller shall accept return of the goods/services within fourteen (14) days and refund the purchase price and any negotiable instruments within ten (10) days of receipt. For justified reasons, the Seller may supply goods/services of equal quality and price before the agreed delivery date.
5.2. If the Seller determines that performance has become impossible, the Seller shall notify the Buyer before the delivery deadline. Any amounts paid, along with any documents creating indebtedness, shall be refunded within ten (10) days. Defective goods/services, whether sold with or without a warranty, may be sent to the Seller for repair within the warranty period, with shipping costs borne by the Buyer.
5.3. Buyers must be at least eighteen (18) years old. The Seller will rely on the age declared by the Buyer and will not be responsible for misstatements. If payment is not made within three (3) days of the order date, the Seller may unilaterally terminate the sale.
Article 6 – Rights and Obligations of the Buyer
6.1. The Buyer undertakes to fulfill all obligations under this Agreement, except where prevented by force majeure, and acknowledges that placing an order constitutes acceptance of all terms herein.
6.2. The Buyer shall inspect goods/services before acceptance and shall not accept damaged or defective items such as dented, broken, or torn packaging. Acceptance constitutes acknowledgment that the goods/services are undamaged. After delivery, the Buyer is responsible for safekeeping and must retain the invoice affixed to the package for potential returns.
6.3. If, after delivery, the Buyer’s credit card is unlawfully used by unauthorized persons through no fault of the Buyer, and the issuing bank or financial institution declines payment, the Buyer must return the goods/services to the Seller within three (3) days, with shipping costs borne by the Buyer.
6.4. The Buyer declares that they have reviewed all preliminary information on www.autopartia.com regarding the Seller, the goods/services, the right of withdrawal, ordering and payment conditions, product use instructions, precautions, and warnings; that they have understood such information clearly and in an internet-appropriate format; and that they have electronically confirmed such information.
Article 7 – Characteristics of the Goods/Services
7.1. The type, nature, quantity, brand, model, color, and total sales price including all taxes of the goods/services are as stated on the product description page of www.autopartia.com and in the invoice, which is deemed an integral part of this Agreement.
Article 8 – Cash/Installment Price of the Goods/Services
8.1. The cash or installment price of the goods/services is as specified in the sample invoice sent by email upon order completion and in the invoice delivered with the product.
Article 9 – Order, Payment, Shipment
9.1. In purchases made by credit card with installments, the installment plan and number of installments selected by the Buyer on the site shall apply. The provisions of the agreement between the Buyer and their card-issuing bank shall govern installment transactions. The Buyer shall follow installment payments and due dates from the account statements sent by the bank.
9.2. In payments made by bank transfer (HAVALE/EFT), the date funds are credited to the Seller’s account is considered the payment date. The order number must be clearly indicated on the transfer form.
9.3. Payment for products in the Buyer’s cart is processed via the virtual POS of the bank selected by the Buyer. Upon payment approval, the Seller sends an order confirmation email before shipment. Shipment begins after the confirmation email is sent.
9.4. Any delays or problems related to the credit card will be communicated to the Buyer using one or more of the contact methods provided. If necessary, the Buyer may be asked to contact their bank. Orders are processed only once the payment has been successfully collected or transferred to the Seller’s account.
9.5. In the event the goods/services cannot be supplied for justified reasons and/or in case of stock issues, the Buyer will be immediately informed in a clear manner. With the Buyer’s consent, goods/services of equal quality and price may be supplied, a substitute product may be sent per the Buyer’s choice, shipment may be delayed until stock replenishment or resolution of delivery obstacles, or the order may be canceled.
If performance of the delivery obligation becomes impossible, the Buyer will be notified, and any amounts paid along with any documents creating indebtedness will be returned within ten (10) days. In such cases, the Buyer may not claim additional material or moral compensation.
Shipment:
9.6. Upon sending the order confirmation email, the goods/services are delivered to the Seller’s contracted cargo company. The Seller provides the tracking number and any relevant transport information to the Buyer via email. Shipment must be made within seven (7) business days from the agreement date, extendable by up to five (5) business days with prior notice to the Buyer.
9.7. In delivery areas where the cargo company does not provide address delivery (“Mobile Areas”), the Buyer is deemed to have accepted collection from the nearest branch upon notification. The Seller is not responsible for delays or disruptions caused by the cargo company. The Buyer must immediately notify the Seller of any delivery issues using the contact information in this Agreement.
9.8. If the product is to be delivered to a person/entity other than the Buyer, the Seller is not responsible for refusal to accept, incorrect delivery information, or the Buyer’s absence at the delivery address.
9.9. Damaged packages must not be accepted and a damage report must be issued by the cargo representative. If the cargo representative claims the package is undamaged, the Buyer has the right to open it on-site to verify the contents and request a report confirming the condition. Acceptance of the package constitutes acknowledgment that the cargo company has fulfilled its duty. If the package is refused and a report issued, the Buyer must notify the Seller’s Customer Service with a copy of the report as soon as possible.
Article 10 – Product Return and Right of Withdrawal Procedure
10.1. The Buyer may, within fourteen (14) days of receiving the goods, withdraw from this Agreement without giving any reason and without incurring any penalty, by notifying the Seller in advance. Pursuant to General Communiqué No. 385 of the Tax Procedure Law, the Buyer must return the original invoice issued by the Seller along with the goods. Upon receipt of the goods and the original invoice, the Seller shall, within ten (10) days, refund all amounts paid and return any documents creating indebtedness without imposing any cost on the Buyer. The withdrawal period begins on the date the goods are delivered to the Buyer. The cost of return shipment is borne by the Buyer unless otherwise specified, in which case the Buyer agrees to use the Seller’s contracted cargo company.
10.2. The Buyer agrees to avoid damaging the goods or packaging under any circumstances and to return the original invoice and delivery note with the goods.
10.3. The right of withdrawal does not apply to goods prepared in accordance with the Buyer’s specific requests or clearly tailored to personal needs.
10.4. Diminution in value of the goods or impossibility of return does not prevent exercise of the right of withdrawal. However, if such diminution or impossibility is due to the Buyer’s fault, the Buyer must compensate the Seller accordingly.
10.5. If upon inspection it is determined that the returned goods or packaging have been opened, altered, damaged, torn, used, or otherwise affected, and cannot be returned in their original condition, the return will be refused and no refund will be made.
10.6. The Buyer must notify the Seller in advance of any intent to exercise the right of withdrawal. Returns meeting the conditions set forth in this Agreement will be refunded to the Buyer’s credit card/account. No refund is issued prior to the return of the goods. The time required for the refund to be reflected in the Buyer’s account is at the discretion of the issuing bank. In cases of installment purchases, the refund may be issued by the bank in installments per its own policies, even if the Seller refunds the total amount in one transaction.
Cash refunds are not possible for returns of goods/services purchased by credit card. Refunds are processed through the bank via the payment system used in the original transaction.
Article 11 – Product Warranty Conditions
11.1. The warranty period is as stated on the product page of www.autopartia.com and is determined/applied by the supplier. Products used in accordance with the instructions and maintained properly are guaranteed against manufacturing defects under the stated conditions. The Seller’s warranty obligations apply only to consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 12 – Confidentiality Obligations
12.1. www.autopartia.com shall not disclose this Agreement or personal information to any third party or institution, except where required by law or regulation. The Seller may disclose such information only in cases of administrative or legal obligation, and may provide it to relevant authorities in the course of any duly authorized legal investigation.
Article 13 – Competent Courts and Authorities
13.1. In disputes arising from this Agreement, Consumer Arbitration Committees shall have jurisdiction up to the value announced by the Ministry of Industry and Trade; above such value, Consumer Courts shall have jurisdiction, or in their absence, Civil Courts of First Instance.
SELLER: Autopartia Otomotiv Bilişim İthalat İhracat Sanayi ve Ticaret Limited Şirketi
Date: __________