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Distance Sales Agreement

Last updated on July 27, 2021

PARTIES AND SUBJECT

This contract is signed
between the person who will buy the product (hereinafter referred to as PRODUCT/PRODUCTS) from the www.nidukkan.com website (hereinafter referred to as the WEBSITE) with the person (hereinafter referred to as the BUYER) and Kısıklı mah. Alemdag Cad. No:58/4 34692 Çamlıca Üsküdar İstanbul address (eMail: hello@nidukkan.com ) is the vendor company Bakır Otomotiv İnş. Sieve. Food Tour. San Tic. Ltd. Sti. (hereinafter referred to as the SELLER), with the order form filled in electronically by the BUYER, in which the characteristics of the PRODUCT, the quality-quantity, the sales price, the collection procedure-conditions of the sales price and the date of sale are specified, and the Law on the Protection of Consumers and the Distance Agreements. It determines the rights, laws and obligations of the parties within the scope of the Regulation on Implementation Principles and Procedures. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.


ARTICLE 1. RIGHT OF WITHDRAWAL

The SELLER makes the following commitment to the BUYER (Consumer). "We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or the signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date the withdrawal notification reaches the seller or supplier."

In order to exercise the right of withdrawal, a written notification must be given to the SELLER within this period. In case this right is exercised, it is obligatory to return the original invoice and the copy of the cargo delivery report stating that the PRODUCT delivered to the 3rd person or the BUYER has been sent to the SELLER. The price of the PRODUCT is returned to the BUYER within 10 (ten) days following the receipt of these documents. For credit card payments, the refund is made by way of a refund to the BUYER's credit card. If the original invoice is not sent in accordance with the tax legislation, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the returned product is borne by the BUYER.

In the case of a PRODUCT that is produced in accordance with the special requests and demands of the BUYER, or that has been personalized by making changes or additions, or that cannot be returned due to its nature, that is likely to deteriorate rapidly or expire, and in general, even if the PRODUCT is used or not used. Even when cosmetics etc. PRODUCTS are unpacked, the BUYER cannot use the right of withdrawal.

ARTICLE 2. GENERAL PROVISIONS

2.1. The BUYER accepts that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the products displayed on the WEBSITE, and has given the necessary confirmation for the sale in the electronic environment.

2.2. The PRODUCT is delivered to the delivery address specified by the BUYER on the WEBSITE, packed with its invoice and intact, within 30 days at the latest, this period may be extended in cases of necessity.

2.3. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

2.4. The BUYER is responsible for checking the PRODUCT as soon as he receives it and when he sees a problem in the PRODUCT arising from the cargo, not accepting the PRODUCT and keeping a report to the CARGO company official. Otherwise, the SELLER will not accept responsibility.

2.5. Upon the SELLER's request during the delivery of the PRODUCT, the BUYER is obliged to sign a printed copy of this Agreement; If he does not sign, the PRODUCT may not be delivered. The Agreement approved by the BUYER during the shopping on the WEBSITE is sufficient and valid in any case.

2.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the PRODUCT. If the price of the PRODUCT is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and not deliver the PRODUCT.

2.7. If, for any reason, after the delivery of the PRODUCT, the bank/financial institution to which the credit card is processed does not pay the price of the PRODUCT to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER's expense. All other contractual-legal rights of the SELLER, including the follow-up of the PRODUCT price, are reserved separately and in any case. In order to avoid any hesitation; Term/instalment payment facilities provided by credit card, installment card issuing institutions such as banks and financial institutions are a loan and/or installment payment facility provided directly by the mentioned institution; PRODUCT sales realized within this framework and for which the SELLER fully collects the price are not considered as installment sales for the parties of this Agreement, but are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract in case any of the installments are not paid and/or demand the payment of the remaining debt together with the default interest) are available and reserved. In case of default of the BUYER, a monthly default interest of 5% is applied.

2.8. If the PRODUCT cannot be delivered within 30 days and the delay exceeds 10 days due to extraordinary circumstances (such as weather opposition, earthquake, flood, fire) other than normal sales conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation. If the price of the PRODUCT is collected in order cancellations, it is returned to the BUYER within 10 days from the cancellation. For credit card payments, the refund is made by way of a refund to the BUYER's credit card.

2.9. The BUYER may notify the SELLER about the PRODUCT and sales-related requests and complaints through the SELLER communication channels in the preamble of the Contract.


ARTICLE 3. EVIDENCE AGREEMENT AND AUTHORIZED COURT

SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Science, Industry and Technology, and in cases exceeding, the Consumer Courts and Enforcement Offices in the BUYER's and SELLER's settlements are authorized.

The BUYER declares, accepts and undertakes that he has read all the conditions and explanations written in this Agreement and the order form that form an integral part of it, that he has received, reviewed and fully accepted the sales conditions and all other preliminary information.

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