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DISTANCE SALES AGREEMENT

  1. THE PARTIES


This Agreement has been signed by the following parties in accordance with the following terms and conditions.


A.‘ BUYER  ’; (hereinafter referred to as “the BUYER’)


B.‘SATICI ’; (hereinafter referred to as “the SELLER))


NAME SURNAME:

ADDRESS:


By accepting this agreement, if the BUYER approves the order / reservation subject to the agreement, the BUYER accepts in advance that he will be under the obligation to pay the mentioned subject fee, if any, the additional fees such as cargo fee and tax and that he is informed about this.


2.DEFINITIONS


In the application and interpretation of this agreement, the following terms shall refer to the written explanations against them.


MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188)

SERVICE: The subject of any consumer transactions other than providing goods for a fee or interest or for which they are committed to be carried out,


SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods offering,


BUYER: A natural or legal person who acquires, uses or benefits from a product or service for commercial or non-professional purposes,


SITE: Website of the SELLER,


ORDERING PERSON: A natural or legal person requesting a good or service through the website of the SELLER,


PARTIES: SELLER and BUYER,

 

CONTRACT: This agreement concluded between the SELLER and the BUYER,


GOODS: Refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.

  1. SUBJECT


This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below and the purchase price of which the BUYER has ordered electronically via the website of the SELLER.


The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced on time are valid until the end of the specified period.

 

  1. SELLER INFORMATION

 

Title: Hempa Energy Construction Industry and Trade Ltd. Co. Sti. (Hempa Enerji İnşaat Sanayi Ve Ticaret Ltd. Şti.)

Address: Tayakadın Mah. Terminal Cad. Havaalanı Terminal Binası No: 1/820514 Arnavutköy / İSTANBUL

Telephone:

Fax:

Email   :

 

  1. BUYER INFORMATION

Person to deliver

Delivery address

Telephone

Fax

Email / username

 

  1. ORDERING PERSON INFORMATION

Name / Surname / Title

Address

Telephone

Fax

Email / username

 

  1. PRODUCT / PRODUCT INFORMATION ABOUT THE CONTRACT

 

7.1. The basic characteristics (type, quantity, brand / model, color, number) of the good / product / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.


7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced on time are valid until the end of the specified period.


7.3. The sales price of the contracted goods or services, including all taxes, is shown below.


Product Description/Pcs/Unit Price/Search Total (VAT included)

Shipping Amount

Total:

Payment Method and Plan

Delivery address

Person to deliver

Billing address

Order date

Delivery date

Return date

Delivery method

 

7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.

 

  1. INVOICE INFORMATION

Name / Surname / Title

Address

Telephone

Fax

Email / username


Invoice delivery: Invoice will be delivered along with order to invoice address during delivery.

 

  1. GENERAL PROVISIONS

 

9.1. The BUYER accepts, declares and undertakes that it has read the preliminary information on the basic characteristics, sales price and payment method and delivery information on the website of the SELLER and gives the necessary confirmation in electronic medium. The BUYER ’s confirmation of the preliminary information electronically, means that he/she accepts and declares before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information are the correct and complete.


9.2. Each product subject to the contract shall be delivered to the SELLER's workplace located at the Arrival Section of the Istanbul Airport, the company headquarters of the SELLER. If the product cannot be delivered to the BUYER, the BUYER reserves the right to terminate the contract.

 

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and warranty documents, user manuals, information and documents required by the job to be delivered, free from any defects according to the requirements of legal regulations, in accordance with the standards of business accuracy and honesty,  maintain and raise the quality of service, to show due care and attention during the execution of the work, to act with prudence and foresight.

 

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and expressly approving it before the expiry of the performance obligation arising from the contract.

 

9.5. If SELLER fails to fulfill the contractual obligations in the event that the product or service subject to the order becomes impossible to fulfill, it shall acknowledge, declare and undertake that it shall notify the consumer in writing within 3 days of the date it is learned and shall return the total price to the BUYER within 14 days.

 

9.6. The BUYER agrees, declares and undertakes that the Supplier shall endorse the contractual obligation to deliver the product subject to the contract in case the product subject to the contract is not paid and / or canceled in the bank records for any reason.

 

9.7. The SELLER accepts, declares and undertakes that if the seller fails to deliver the product subject to the contract within the period due to force majeure conditions, such as the occurrence of unforeseen advance and / or preventing and / or delaying occurrence of the parties' liabilities. The BUYER shall have the right to demand the cancellation of the order, the replacement of the contracted product with a new one, if any, and / or postponement of the delivery period until the elimination of the preventive situation. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in advance within 14 days in the payments made by the BUYER in cash. For the payments made by the BUYER by credit card, the product amount is returned to the related bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks to reflect the amount returned to the credit card by the SELLER to the BUYER account, since the amount reflected in the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that the SELLER cannot hold responsible.

 

9.8. SELLER, address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form or subsequently updated by the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities against him.

 

9.9. The BUYER shall inspect the goods / services subject to the contract before receiving them; The BUYER will not receive products with dents, broken, package torn etc, damaged and defective goods / services. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to protect the goods / services after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods / services should not be used. Invoice must be returned.

 

9:10. If the BUYER and the credit card holder used at the time of the order are not the same person, or if a security vulnerability is detected for the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder to the previous month of the credit card used in the order or the holder of the card may request the BUYER to submit the letter stating that the credit card belongs to him. The order will be frozen until the BUYER obtains the information / documents subject to the request and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

 

9:11. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is fair, and that SELLER shall indemnify all damages to be incurred due to the unfairness of the SELLER immediately upon the first notification of the SELLER.

 

9:12. The BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.

 

9:13. The BUYER may not use the SELLER's website in any way disrupting public order, contrary to general morality, disturbing or harassing others, for a purpose contrary to the law, in a way that may violate the material and moral rights of others. In addition, members may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

 

9:14. Links to other web sites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties may be provided on the website of the SELLER. These links are provided to the BUYER for ease of referral and do not support any website or the person operating the site and the Link does not constitute a guarantee for the information contained in the website.

 

9:15. Any member violating one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and criminal consequences of such violations. Also; In the event that the case is transferred to the legal channels due to this violation, the SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement.

 

  1. CASE OF DEFAULT STATUTORY AND LEGAL RESULTS

 

If the BUYER defaults in the case of payment by credit card, the BUYER accepts, declares and undertakes that he will pay interest under the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may apply legal remedies; and in case the BUYER is in default due to the debt, the BUYER accepts, declares and undertakes that the SELLER will pay the loss and damage due to the delayed performance of the liability.

 

  1. PROTECTION OF PERSONAL DATA

 

Personal data to carry out our commercial activities are collected by Hempa Energy Construction Industry and Trade Ltd. Sti., through different channels and based on legal reasons firstly for the issuing the contract. The BUYER accepts this matter in advance.

 

Your Personal Data is processed in accordance with the personal data processing principles set out in Article 4 of the KVKK, based on the personal data processing conditions set out in Article 5 of the KVKK. Hempa Energy Construction Industry and Trade Ltd. Ltd. Şti carries out all personal data processing activities in compliance with the obligations required by all relevant legislation, especially KVKK.

 

The purposes of processing and storing your personal data; in accordance with the personal data processing conditions and purposes stated in Articles 5 and 6 of KVKK, our business units carry out the necessary activities to benefit you from the products and services offered by our Company; to carry out the necessary studies to propose the products and services offered to our customers by customizing them according to the taste, usage habits and needs of our customers; One-to-one and / or integrated marketing activities carried out by our Company, sales and after-sales operations, to confirm the identity of the shopper / owner via the website / mobile applications, to record the address and other necessary information for communication.

 

Personal data within the scope of relevant legislation Hempa Energy Construction Industry and Trade Ltd. Ltd. Şti will be covered within the scope of all kinds of activities based on the contract.

 

Personal data, real and legal persons with the purpose of conducting e-commerce activities, shareholders, direct / indirect domestic / foreign subsidiaries; Hempa Energy Construction Industry and Trade Ltd. Co. Ltd. Şti., or to whom it intends to receive services.

 

Personal data is processed in accordance with the Law on the Protection of Personal Data and the text of this information and consent.

 

I have read and understood the issues stated in the information text prepared in accordance with the Law on Protection of Personal Data No. 6698 above. The processing of my personal data collected by the methods specified in the information text within the scope of the purposes and principles specified in this text and transferring it, including the transfer abroad, for the purposes specified in this text, from the end of the contractual relationship of such data as stipulated in the relevant legislation or by the companies I expressly consent to the preservation and processing of legitimate interests for the duration of my free will.

 

  1. EFFECTIVE DATE

 

When the BUYER makes the payment for the order placed on the Site, it shall be deemed to have accepted all the terms of this agreement. The SELLER shall be obliged to make the necessary software arrangements in order to receive confirmation that the BUYER has read and accepted this agreement on the site prior to the realization of the order.

 

The SELLER:

The BUYER :

DATE:

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