Distance Sales Contract
ARTICLE 1 - PARTIES
1.1. Party to Provide the Service: ............................. (Hereinafter referred to as Seller or Service Provider)
- Name Surname / Trade Name:
- Meris No:
- Address:
- Email:
- Telephone:
1.2. Party to Benefit from the Service: ............................. (Hereinafter referred to as the Buyer or Service Receiver)
- Name Surname / Trade Name:
- Address:
- Email:
- Telephone:
- Tax Office:
- Tax Number:
ARTICLE 2 - SUBJECT AND SCOPE OF THE AGREEMENT
- 2.1. The subject of this Agreement is the determination of the rights and obligations of the Buyer and the Seller parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation during the purchase and sale process of the services that the Buyer wishes to purchase by placing an order electronically from the website named “buldansonline.com” belonging to Dönmez Ev Tekstili San. Tic. A.Ş. (hereinafter referred to as buldansonline.com) or other media where value added services are provided in connection with this site (mobile applications, desktop applications, web applications and similar services) (“PLATFORM”).
- 2.2. The conclusion of this agreement shall not prevent the application of the provisions of the User Agreement and Service Provider User Agreement that the parties have concluded separately with buldansonline.com.
ARTICLE 3 - CONTRACTUAL SERVICE
- 3.1 This section will explain the type and characteristics of the services (“SERVICE”) for the event and organization sector sold by the Service Providers through advertisements published on the Platform, and if purchased, the options offered by the Service Provider for the purchased service and which the Service User may choose in line with their preference (“SERVICE OPTIONS”) and the services that the Service User may purchase in addition to the service (“SUPPLEMENTARY SERVICE”). Within the scope of this article, the information requested by the Seller from the Buyer for the performance of the service as required by the nature of the service is shown.
Service Information:
- Service Name:
- Service Content Included in the Price:
- Date of Service:
- Service Start Time:
- Service Features:
- Special Conditions:
- Items to be supplied by the customer:
- Service Price:
- Additional Time Fee:
- Supplementary Services:
- Total Service Fee:
- Discounts:
- Total Sales Amount:
- Payment Method:
- Maturity Difference:
- Total Amount Paid (VAT Included):
ARTICLE 4 - PAYMENT, ORDER FINALITY AND DOCUMENTATION
- 4.1. Payments for Services purchased through the Platform are made through the Online Payment System and Guaranteed Payment Model.
- 4.2. Online Payment System: This is the system that enables the collection of the fee for the service to be purchased by the Service User through the Platform and the commission fees that the Service Provider is obliged to pay to Tıkla Kutla, from the Service User by buldansonline.com, the payment institutions it cooperates with in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions, under the terms and conditions specified on the Platform, using credit cards, bank cards or other payment methods provided by banks and supporting online payment.
- 4.3. Guaranteed Payment Model: In order to ensure that the payment made by the Service User at the service order stage is carried out in accordance with the terms of the Distance Sales Agreement concluded between the Service User and the Service Provider, the payment received by Tıkla Kutla as a reliable person is transferred to the bank account notified to the Recipient by transfer or to a pool account at an agreed financial intermediary institution and/or bank. If the Service User does not object within 24 hours from the end of the period foreseen for the completion of the Service in the Distance Sales Agreement, the payment process for the portion of the Service fee entitled by the Service Provider begins. This fee is transferred to the Service Provider's account at the end of the period agreed upon with the financial intermediary institution and/or bank.
- 4.4. Order Finalization: In cases where the Service Provider has the authority to give instant approval, the order is finalized when the User successfully makes the payment using the payment method he/she has determined. In cases where the Service Provider works with the option to give approval within a certain period of time, the order information is evaluated by the Service Provider within this period. If it is not approved, the order is canceled, the User is informed of the situation and the money is refunded.
- 4.5. Documentation: Regardless of whether the Buyer is a natural or legal person, if the Seller issues an invoice to the Buyer, the total price is deducted including VAT. If the Seller issues a freelance receipt to the Buyer, the Buyer is a legal entity and is liable to pay the withholding tax. In cases where the Seller cannot issue an invoice and a freelance receipt, the Seller must sign an expense slip and the withholding tax arising from the service fee must be paid by the Buyer. (The expense slip can only be prepared by customers with legal personality in accordance with financial legislation).
- If the payment subject to the Seller's offer is made by the Buyer in installments to the credit card, the resulting interest difference is borne by the Buyer and is recorded in the summary of the Distance Sales Contract.
- The Service fee specified in the announcement by the Service Provider, the fees for Supplementary Services purchased by the Recipient, if any, the Service Options fees and the credit card installment fee will be arranged as the Total Service Fee in the document prepared by the Service Provider.
ARTICLE 5 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER
- 5.1. The Buyer accepts and undertakes to share the information to be provided through the Platform and requested by the Seller in a complete and accurate manner in order to properly perform the service in accordance with this Agreement.
- 5.2. The Buyer acknowledges and declares that he/she has learned and approved all the information about the purchased service, including the price, duration and payment method, through the Platform before the approval of this Agreement.
- 5.3. During the performance of the service, it is undertaken that the necessary conditions requested by the Seller for the performance of the service will be created by the Buyer and provided during the service period, and the Buyer accepts that the Seller may refrain from performing the service in case of any breach of this undertaking.
- 5.4. Once the payment is received by Buldansonline as the authorized representative of the Seller in accordance with the Online Payment System, the Buyer's payment is deemed to have been made to the Seller and the payment obligation arising from this contract is deemed to have been fulfilled.
- 5.5. The Buyer may object to the fact that the service has not been performed within 24 hours following the completion of the service purchased under this contract via the Platform. If the objection is not made within this period, the Buyer is deemed to have approved the service and the payment held in the pool account is transferred to the Seller's account.
- 5.6. By approving this contract, the Buyer accepts all promotional, campaign and informative messages to be sent to it by Tıkla Kutla as an Intermediary Service Provider on the Platform within the framework of the Law No. 6563 on the Regulation of Electronic Commerce, and all commercial electronic messages containing data, sound and images sent for commercial purposes, electronically using means such as telephone, call centers, fax, automatic dialing machines, smart voice recording systems, electronic mail, short message service.
ARTICLE 6 - SELLER'S DECLARATIONS AND COMMITMENTS
- 6.1. The Seller accepts and undertakes that it will properly perform the service purchased by the Buyer through the Platform in accordance with this agreement, and in this context, it will be ready to perform the service on the day and time that the service will be performed, and that those who need to be ready for the proper performance of the service will be provided at the address and time specified by the Buyer throughout the service period in the manner specified in this agreement and mutually agreed upon by the parties.
- 6.2. The Seller accepts and undertakes that the Buyer has the right to object to be used via the Platform within 24 hours from the end of the period foreseen for the completion of the service, that upon the Buyer's objection that the service has not been performed, the payment will be kept in the pool account with an instruction to be directed by the Platform as a reliable person, that the objection will be evaluated by Tıkla Kutla, that if the Seller does not come to the place where the service agreed upon by the Parties will be performed, with or without his fault, for a reason arising from him or her or due to force majeure, the payment made by the Buyer will be returned to the Buyer and that a penalty fee of 10 (ten) times the Total Service Fee specified in the Distance Sales Agreement will be paid to the Buyer by the Seller. However, if the service has been performed but is incomplete or not performed properly, the refund of the money agreed upon by the Parties over the service fee will only be made to the Buyer with the approval of the Seller, and during this period, the Platform has the right to keep the payment in the pool account as a reliable person.
- 6.3. Unless otherwise agreed or agreed upon, the Seller accepts and undertakes to cover the transportation/logistics costs for the performance of the service and to fulfill other financial responsibilities (taxes, duties, fees, etc.) in this context, and that buldansonline.com has no responsibility towards the parties and third parties. Click Kutla declares that it will only collect the service fee commission in accordance with the determined commission rate and issue an invoice to the Seller accordingly.
ARTICLE 7 - RIGHT OF WITHDRAWAL
- 7.1. According to the Law No. 6092 on the Protection of Consumers, the consumer has the right to withdraw from the contract by rejecting the service purchase within 14 days from the signing of the contract regarding the purchase of goods and services by the Accepted Buyer, if the service will be performed on a day before 14 days, for a day up to this date, without assuming any legal or criminal liability and without giving any reason. However, it should be noted that if the service purchased within the scope of this contract is a product or service related to the provision of food and beverages to be seen on a certain date or period and the evaluation of free time for entertainment or rest, it is again an exception within the scope of the same law, and the right of withdrawal cannot be exercised.
- The right of withdrawal is exercised against the Seller by notifying the e-mail address specified above and the expenses incurred for the exercise of the right shall be borne by the Seller. However, in any case, buldansonline.com shall be notified in writing that this right has been exercised, and if the payment has not yet been transferred from the pool account to the Seller, the payment made by the Buyer during the return process shall be blocked in the pool account. With the notification made by buldansonline.com, the Buyer shall send the invoice for the Service received to the Seller, or if the Buyer is a legal entity, the return invoice to be issued by the institution, and the Seller shall return the payment made to it for the service to the Buyer if the payment has been transferred to the payment account within 14 days from the date of receipt of the notification, and if the payment has not been transferred to the Seller's account, the return invoices sent to it by the Buyer shall be sent to Buldansonline subsequently.
- 7.2. Cases in Which the Right of Withdrawal Cannot Be Used
The right of withdrawal cannot be used in certain cases in accordance with the Law No. 6092 on the Protection of Consumers, and the right cannot be used if the service constituting the subject of the contract is of the type listed below or if the service is performed as foreseen.
1- Products or services related to accommodation, transportation of goods, car rental, food and beverage supply and evaluation of free time for entertainment or resting purposes that must be performed on a specific date or period.
2- Products or services prepared in line with the requests or personal needs of the consumer
3- Services whose performance is started with the approval of the consumer before the expiration of the right of withdrawal period.
ARTICLE 8 - RIGHT OF CANCELLATION
- 8.1. If the cancellation of the purchased service occurs within the Withdrawal Period or until the Cancellation Period specified in the announcement by the Service Provider, the entire amount paid by the Service User will be refunded.
- 8.2. In cases where there is a historical conflict between the withdrawal period and the cancellation period determined by the Service Provider, the Cancellation Period conditions apply.
- 8.3. If the Service User cancels the service between the cancellation period and 48 hours before the service is to be performed, the Service User waives 50% of the total service fee paid and half of the payment is refunded to the Service User. In this case, the Service Provider will issue a document (invoice/self-employment receipt) to the Service User for half of the total amount specified in the Distance Sales Agreement. In case of cancellations made 48 hours before the service is to be performed, no refund will be made to the Service User. In this case, the Service Provider will issue a document (invoice/self-employment receipt etc.) to the Service User for the total amount specified in the Distance Sales Agreement.
- 8.4. The Service Provider cannot cancel a service after the approval of a service purchased under this Agreement. However, if Buldansonline is notified in writing at least 72 hours before the service is due to be performed that the service cannot be performed, the current situation and the alternative solution proposal determined will be communicated to the Service User. If the cost of this solution is higher than the total service fee specified in the Distance Sales Agreement between the Service Provider and the Service User, the Service Provider is obliged to pay the price difference to Tıkla Kutla in cash and in one go without any need for notice. In any case, the Service Provider's obligation to compensate for the damages incurred by Tıkla Kutla and/or 3rd Parties due to this cancellation continues.
ARTICLE 9 - DEFAULT EVENT AND ITS LEGAL CONSEQUENCES
- 9.1. In the event that the Buyer defaults in the service purchase made with the credit card, the cardholder will pay interest within the scope of the credit card agreement concluded with the bank and will be liable to the bank. In this case, the bank may take legal action and may request the expenses and attorney fees from the Buyer. In the event of the Buyer's default in paying its debt, the Buyer will be liable for the damages that the Seller or Buldansonline may suffer due to the delay in fulfilling the service fee payment obligation arising from this agreement.
ARTICLE 10 - NOTIFICATIONS AND EVIDENCE AGREEMENT
- 10.1. All correspondence between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Buldansonline, the electronic information and computer records kept in their own database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 11 - COMPETENT COURT
- 11.1. In the implementation of this contract, the provincial or district Consumer Arbitration Committees and the Consumer Courts in the Seller's place of residence are authorized up to the value declared by the Ministry of Customs and Trade. In case the service purchase is approved, the Buyer and the Seller are deemed to have accepted all the terms of this contract.
ARTICLE 12 - ENFORCEMENT
- 12.1. This Agreement consisting of 12 (Twelve) articles has been read by the Parties and entered into force on ../../.... by being approved electronically by the Buyer.