DISTANCE SALES AGREEMENT
Article I - Parties to the Agreement :
1.1. Seller
Autopartia Otomotiv Bilişim İthalat İhracat Sanayi ve Ticaret Limited Şirketi
Domain : www.autopartia.com
Email: [email protected]
Phone Number : 0850 885 2 900
1.2. Buyer
End User (Customer)
Article II- Subject of the Agreement:
2.1. The Buyer acknowledges and declares that they are informed about the essential characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, and all other preliminary information regarding the goods/services, including the right of withdrawal. The Buyer confirms this preliminary information electronically and subsequently places an order for the goods/services in accordance with the provisions of this agreement.
Furthermore, the person for whom the invoice is issued is also a party to this agreement. They are responsible for providing complete, accurate, and correct information. The Buyer is deemed to have accepted in advance any damages or liabilities that may arise due to incomplete or incorrect information provided.
2.2. The preliminary information and invoice provided on the payment page of www.autopartia.com are integral parts of this agreement.
Article III Agreement Date and Force Majeure:
3.1. This agreement, previously signed in duplicate by the Seller, has been signed and accepted by the Buyer on ............., and one copy will be sent to the Buyer’s email address.
Any circumstances that did not exist or were unforeseeable at the time of signing the agreement, that arise beyond the control of the parties, and that make it partially or completely impossible for one or both parties to fulfill their obligations and responsibilities under the agreement or to fulfill them on time shall be considered force majeure. The party affected by the force majeure event shall immediately notify the other party in writing.
3.2. The definition of force majeure shall include, but is not limited to, natural disasters, war, terrorism, uprisings, changes in legislative provisions, seizure, strikes, lockouts, significant malfunctions in production and communication facilities, etc.
The parties shall not be held liable for their inability to fulfill their obligations due to the continuation of the force majeure event. If the force majeure situation persists for 30 (thirty) days, either party shall have the right to unilaterally terminate the agreement.
Article IV - Delivery Costs and Execution:
4.1. Delivery costs are borne by the Buyer. However, if the Seller has stated on the website that delivery fees will be covered for purchases exceeding a specified amount, the delivery cost shall be borne by the Seller.
4.2. Delivery is carried out as soon as possible, subject to stock availability and after the payment for the goods has been credited to the Seller’s account. The Seller undertakes to deliver the goods/services within 30 (thirty) days from the date of order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If, for any reason, the payment for the goods/services is not made or is canceled in the bank records, the Seller shall be deemed released from the obligation to deliver the goods/services.
Article V - Seller's Rights and Obligations:
5.1. The Seller is responsible for delivering the goods/services subject to the agreement in a sound, complete manner, in accordance with the specifications stated in the order, and with any applicable warranty certificates and user manuals.
If the goods/services are to be delivered to a person/entity other than the Buyer, the Seller shall not be held liable if the recipient refuses to accept the delivery.
Upon receiving the withdrawal notice, the Seller shall accept the return of the goods/services within fourteen (14) days and refund the purchase amount along with any applicable negotiable instruments within ten (10) days after receiving the returned product. If justified, the Seller may provide an equivalent product of the same quality and price before the performance period of the agreement expires.
5.2. If the Seller believes that fulfilling the agreement has become impossible, they must inform the Buyer before the performance period expires. Any payments made and relevant documents, if any, shall be refunded within ten (10) days.
Defective or faulty goods/services, whether covered by a warranty or not, may be sent to the Seller for necessary repairs under the warranty terms. In such cases, delivery costs shall be borne by the Buyer.
5.3. The Buyer must be at least 18 years old. The Seller will rely on the age information provided by the Buyer in the agreement and shall not be held responsible if the Buyer misrepresents their age.
If the Buyer fails to make the payment within three (3) days from the order date, the Seller has the right to unilaterally cancel the sale.
Article VI - Buyer's Rights and Obligations
6.1. The Buyer agrees and undertakes to fully perform the obligations imposed under the agreement, except in cases of force majeure. By placing an order, the Buyer acknowledges and agrees to all provisions of this agreement.
6.2. The Buyer shall inspect the goods/services before accepting delivery and shall not accept any damaged or defective items such as crushed, broken, or torn-packaged goods from the courier. Any goods/services accepted shall be deemed to be in good condition. After delivery, the Buyer is responsible for properly safeguarding the goods/services. The invoice attached to the cargo package must be retained for returns.
6.3. If, after the delivery of the goods/services, the Buyer’s credit card is unlawfully or fraudulently used by unauthorized persons, and the relevant bank or financial institution does not pay the Seller for the goods/services, the Buyer must return the goods/services to the Seller within three (3) days, provided that they have already been delivered to them. In such a case, the return shipping costs shall be borne by the Buyer.
6.4. The Buyer acknowledges and declares that they have read and understood all preliminary information regarding the Seller and the goods/services on www.autopartia.com, including the right of withdrawal and its procedures, order and payment terms, product usage instructions, and warnings and precautions. The Buyer confirms electronically that they have been informed about these details and understands the official authorities to whom they may submit complaints and objections.
Article VII - Features of the Goods/Services Subject to the Agreement
7.1. The type, category, quantity, brand, model, color, and total price, including all taxes, of the goods/services are specified in the product description page on www.autopartia.com and on the invoice, which is considered an integral part of this agreement.
Article VIII - Cash/Installment Price of the Goods/Services:
8.1. The cash/installment price of the goods/services is as stated in the sample invoice sent via email at the end of the order and in the invoice included with the product delivered to the customer.
Article IX - Order, Payment, Shipment:
9.1. If the Buyer makes a purchase using a credit card and selects an installment payment plan, the installment type and number chosen on the website shall apply. The relevant provisions of the agreement between the Buyer and the issuing bank shall govern installment transactions. The payment due date for the credit card shall be determined according to the agreement between the Buyer and the bank. The Buyer can also track the number of installments and payments through the account statement provided by the bank.
9.2. For payments made via wire transfer (Havale/EFT), the transaction date when the amount is credited to the Seller’s account shall be taken as the payment date. The order number must be clearly stated in the wire transfer/EFT form.
9.3. The Buyer’s selected bank’s Virtual POS (Point of Sale) system is used for processing payments for products added to the shopping cart. The Seller shall send an order confirmation email to the Buyer before proceeding with shipment for approved payments. The shipment process begins after the confirmation email is sent.
9.4. Any disruptions in the process or issues related to the credit card will be communicated to the Buyer via one or more of the phone/email contact methods specified in the agreement. If necessary, the Buyer may be asked to contact their bank. The processing time of an order is not the moment the order is placed but when the necessary payment is collected from the credit card or the wire transfer (EFT) is received in the Seller’s account.
9.5. In exceptional cases where it is determined that the goods/services subject to the agreement cannot be supplied or if there is a stock issue, the Buyer will be informed immediately in a clear and understandable manner. Upon the Buyer’s approval, an equivalent product of the same quality and price may be sent, a new product of the Buyer’s choice may be shipped, the Buyer may wait for the product to be restocked or for the obstacle preventing delivery to be resolved, or the order may be canceled.
If it becomes impossible to fulfill the delivery obligation, the Buyer will be informed, and the total amount paid, along with any documents that may have placed them under financial obligation, will be refunded within a maximum of ten (10) days. In such cases, the Buyer shall have no additional material or moral compensation claims against the Seller.
Shipment:
9.6. Once the order and payment confirmation email is sent, the product(s) will be handed over to the Seller’s contracted shipping company. The Seller will send the tracking number and any other shipping details to the Buyer via email. The shipment will be processed within seven (7) business days from the date of the agreement. If necessary, this period may be extended by up to five (5) additional business days, provided that the Buyer is informed in writing or by phone in advance.
9.7. In areas where the courier service does not provide direct home delivery, the Buyer agrees to receive the shipment via a pickup notification and to collect the package from the courier’s branch. The Seller shall not be held responsible for delays and disruptions caused by the shipping company. The Buyer must promptly inform the Seller of any delivery issues using the contact details specified in the agreement.
9.8. If the product is to be delivered to a person or entity other than the Buyer, the Seller shall not be responsible for any additional shipping costs arising from the recipient’s refusal to accept the delivery, incorrect shipping information, or the Buyer’s absence at the delivery address.
9.9. Damaged packages must not be accepted, and the Buyer must request a report from the courier representative. If the courier representative claims that the package is undamaged, the Buyer has the right to inspect the package on-site, verify the condition of the items, and request documentation of any damage. Once the package is received by the Buyer, it shall be considered that the courier company has fulfilled its duty correctly.
If the package is not accepted and a damage report is issued, the Buyer must inform the Seller’s Customer Service as soon as possible by providing a copy of the report they received.
Article X - Product Return and Right of Withdrawal Procedure
10.1. The Buyer has the right to withdraw from the agreement within 14 (fourteen) days after receiving the goods, without providing any justification or paying any penalties, by notifying the Seller in advance. According to General Communiqué No. 385 of the Tax Procedure Law, the Buyer must return the original invoice issued by the Seller along with the product for the return process to be completed. If the Buyer exercises the right of withdrawal, the Seller will refund the total amount received, along with any documents that may have placed the consumer under financial obligation, within 10 (ten) days from the date the invoice is received, without imposing any costs on the consumer. The withdrawal period begins on the day the Buyer receives the goods. The return shipping costs for the returned product(s) shall be covered by the Buyer. If the return shipping costs are to be covered by the Seller, the Buyer agrees to use the shipping company contracted by the Seller.
10.2. If the Buyer wishes to return the purchased product, they agree and undertake not to damage the product or its packaging under any circumstances and to return the original invoice and delivery note along with the product.
10.3. The right of withdrawal does not apply to goods that have been customized or prepared specifically to meet the Buyer’s personal needs based on their request.
10.4. A decrease in the value of the received goods or the presence of a condition that makes a return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the Buyer, the Buyer is required to compensate the Seller for the value loss or the full value of the goods.
10.5. If the purchased product has been opened, damaged, broken, destroyed, torn, used, or otherwise altered, or if it cannot be returned in the same condition as it was delivered to the Buyer, the product will not be accepted for return, and no refund will be issued.
10.6. The Buyer must notify the Seller in advance of their intention to exercise the right of withdrawal. The returned product will be accepted as a valid return only if it meets the conditions specified in this agreement. The refund will be issued to the Buyer’s credit card or bank account accordingly. No refund will be made before the product is returned. The time it takes for refunds to be reflected in the Buyer’s credit card account depends on the policies of the relevant bank.
If a purchase was made in installments, the Seller will refund the total amount to the bank in one transaction. However, the bank may process the refund in installments, in accordance with its internal policies. This is at the discretion of the bank.
In the case of returns for goods and services purchased with a credit card, the Seller cannot issue a cash refund to the Buyer due to contractual obligations with the bank. The refund will be processed through the bank’s software system, and the Seller will either pay the refunded amount to the bank in cash or deduct it from their balance. Consequently, the Buyer cannot demand a cash refund, and the bank will process the refund according to the procedure mentioned above.
Article XI - Product Warranty Terms:
11.1. The warranty period is as stated on the product page of www.autopartia.com and is determined and applied by the supplier company.
Products that are used in accordance with the user manual and maintained properly are covered under warranty against all manufacturing defects, subject to the specified conditions.
The Seller’s warranty liability applies only to consumers covered under Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code (Türk Ticaret Kanunu) shall apply.
Article XII - Confidentiality Obligations:
12.1. www.autopartia.com shall not share this agreement with any third parties or institutions under any circumstances. Personal information shall not be disclosed to third parties or institutions for statistical, commercial, or similar purposes.
The Seller may only disclose such information if required by administrative or legal obligations. In the case of a documented judicial investigation, the Seller may provide the requested information to the relevant authority, provided that it is in their possession.
Article XIII - Competent Court and Authorities:
13.1. In disputes that may arise from this agreement, Consumer Arbitration Committees shall have jurisdiction for disputes up to the value announced by the Ministry of Industry and Trade. For disputes exceeding this value, Consumer Courts shall be the competent authority. In locations where there are no Consumer Courts, Civil Courts of First Instance shall have jurisdiction.
SELLER: Autopartia Otomotiv Bilişim İthalat İhracat Sanayi ve Ticaret Limited Şirketi
Date: