Distance Sales Agreement
ARTICLE 1- PARTIES
1.1.- SELLER INFORMATION
Title: Port of Aliaga Ship Supply & Trading Co. (hereinafter referred to as “SELLER”)
Headquarters Address : 23 Nisan Street 49/3 Yalı / Aliağa İzmir/TURKEY
Return Address :
ARTICLE 1.2.- BUYER INFORMATION
Name/Surname/Title: (Hereinafter referred to as “BUYER” for short)
Tax Office and Tax Number:
In this Agreement, the BUYER and the SELLER will be briefly referred to as the Parties.
ARTICLE 2- SUBJECT
The subject of this Distance Sales Contract (hereinafter referred to as the “Contract”) is the BUYER’s access to the SELLER’s www. Buying/selling the services/services and/or products/products whose qualities and sales prices are specified in this Agreement on the website named www.portofaliaga.com (hereinafter referred to as the “Site”) by ordering them electronically by the BUYER, It consists of payment, fulfillment/delivery of the sales price, determination of the other rights and obligations of the Parties and showing the means of resolution of disputes arising from this Agreement.
ARTICLE 3- CONTRACT PRODUCTS
Information such as the name, code (type, type, model, color), quantity, sales price of the product/products subject to this Agreement are as follows.
Delivery address :
Delivery Person :
Billing address :
ARTICLE 4- PAYMENT
4.1. The sales price and delivery price, including VAT, of the services/services and/or products/products ordered by the BUYER under this Agreement shall be paid in accordance with the payment terms and conditions determined by this Agreement.
4.2. The BUYER shall pay the price of the product/products ordered from the website by Visa, Amex or Mastercard credit card. Orders placed within the scope of this Agreement will be processed after the SELLER determines that the price of the product/products is blocked by obtaining a bank authorization from the credit card.
4.3. The SELLER is not responsible for the deductions made by the banks under other names during the payments.
4.4. In case of any campaign, discount or similar application announced by the SELLER in accordance with the legislation on the date the BUYER orders the product/products and specified to be valid in distance sales, this application shall be submitted to the BUYER’s order provided that the BUYER meets the campaign conditions. will also be applied.
4.5. After the delivery of the product/products, if the relevant bank or financial institution fails to pay the price of the product/products to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, which is not due to the BUYER’s fault, the BUYER may Acknowledging that the SELLER will send the products unused, undamaged, disassembled, completely and undamaged, to the SELLER within 30 (thirty) days at the latest from the SELLER’s written notification, and the shipping costs will be borne by the BUYER. and commits. Otherwise, the BUYER accepts and undertakes that all kinds of legal action will be taken against the SELLER, including any damages and losses incurred by the SELLER.
4.6. It is out of the SELLER’s initiative that the BUYER has contracted bank offers various payment options within the scope of its campaigns. Campaigns within the knowledge and discretion of the SELLER will be announced on the website.
4.7. The delivery fee is not included in the price of the product/products, but will be added to the price of the product/products to be paid by the BUYER and will be paid by the BUYER together with the price of the product/products, the delivery fee and, if any, additional costs. The delivery fee and, if applicable, additional costs are shown in the table in point 3.
4.8. The assembly of the products subject to the Agreement is outside the scope of this Agreement. If the BUYER requests the assembly of the products purchased under this Contract, a new and independent assembly contract must be signed between the parties in this regard.
ARTICLE 5- PERFORMANCE OF ACTIVITIES AND DELIVERY
5.1. Events for which tickets have been purchased electronically by the BUYER are held at the event time specified on the date and time of the announcement of the relevant event on the website, or the ordered service/services and/or product/products (if delivery is required) are carried out by the SELLER’s contracted shipping company. It is delivered to the persons at the address notified by the BUYER or the BUYER, not exceeding the legal period of 30 (thirty) days. In the event that the BUYER is not present at the address he/she has notified at the time of delivery, he/she accepts, declares and undertakes that the delivery will be valid if the product/products are delivered to the persons at this address and whose names have been previously notified by the BUYER. If the product/products cannot be delivered within 30 (thirty) days from the order date, the BUYER may terminate the Contract. If the BUYER does not attend the event at the venue and time for which the ticket was purchased, the SELLER will not be able to perform an event for the BUYER. In this case, no refund will be made to the BUYER.
5.2. Even if the BUYER does not attend the event at the venue and time for which the ticket was purchased, or if the BUYER or someone authorized to receive the delivery is not present at the address where the product(s) will be delivered, the SELLER shall be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER is responsible for the damages, losses and expenses caused by the BUYER’s late and/or non-delivery of the product or not participating in the relevant event.
5.3 The invoice to be issued by the SELLER on behalf of the real or legal person specified by the BUYER and/or the BUYER in return for the price of the services/services and/or products/products paid by the BUYER and the shipping service fee (if any), will be digitally issued within the scope of the e-archive application, the BUYER will be sent to your e-mail address. The product/products will be delivered by the SELLER (if any) to the delivery address specified by the BUYER in this Agreement, together with the delivery note. The BUYER accepts and declares that he will notify the SELLER in writing in case of any change of address and that any information he has given to Port of Aliaga will be correct and truthful, and that the damages arising from false information will belong to him.
5.4. The BUYER accepts, declares and undertakes that the billing and delivery addresses and other information declared within the scope of this Agreement are complete and accurate. If there is an error and/or deficiency at the address notified by the BUYER, the BUYER is not present at the event date and time, or the BUYER is not at the address notified by the BUYER at the time of delivery, and there is no person who can receive the product/products at the address in question, or the persons at the said address The SELLER shall not be liable in any way in cases where he/she refuses to receive the products and in similar cases. In case the delivery or event performance cannot take place as stated above, the BUYER may purchase an event ticket to be paid by himself or has the right to demand delivery (if any).
5.5. The SELLER is responsible for the delivery of the contracted product/products intact, complete, in accordance with the specified qualifications and with the warranty documents and user manuals, if any, as required by the legislation. The BUYER and/or the person receiving the delivery is obliged to check whether the product(s) are delivered intact, complete, in accordance with the specified qualifications and as required by the legislation. A report should be kept with the transportation company representative about the product/products determined to be damaged during delivery.
5.6. If it is noticed at the time of delivery that the product/products are defective, the product/products (if any) are returned by the SELLER as the shipment was made and replaced with a new one within 14 days following this date without requesting an additional shipping cost from the BUYER.
5.4.2. In the event that the product/products are found to be defective after delivery, the BUYER shall notify the SELLER in writing or verbally through customer service. Following this notice, the product/products will be transported by the cargo company to be directed by the SELLER, and the received product/products will be evaluated by the SELLER. If it is considered that the product/products are defective, the product/products subject to the notification will be replaced with a new one without demanding an additional shipping cost within 30 working days following the date of return by the SELLER. Otherwise, the product/products will be returned to the BUYER.
5.5. For the fulfillment of the contractual service/services and/or the delivery of the product/products, this Agreement must be approved electronically and the sales price must be paid in the form of payment preferred by the BUYER. If for any reason the price of the service/services and/or products/products is not paid or the payment is canceled by the bank, the BUYER accepts, declares and undertakes that the SELLER has the right to abstain from the delivery obligation of the product/products without any liability.
ARTICLE 6- RIGHT OF WITHDRAWAL
6.1. The BUYER may use the right of withdrawal granted to him in accordance with the relevant legislation within 14 (fourteen) days from the delivery of the product/products subject to the contract to himself or to the person at the address he has notified. In order for the BUYER to exercise its right of withdrawal, the SELLER must notify the SELLER in writing or verbally through customer service within this period, and the product/products must be subject to withdrawal specified in the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014. It must not be from products for which the right of use cannot be used, or the product must not have been damaged in a way that would prevent it from being offered for resale except for customary use, and it must not have been used in this way.
6.3. The right of withdrawal cannot be exercised in relation to the product/products that have gained personal qualities by making modifications, changes or additions, in line with the demands of the BUYER prior to the order. The BUYER shall not be able to exercise the right of withdrawal in the following cases and contracts, including but not limited to, the matters regulated in the “Regulation on Distance Contracts”:
– Event services provided by the SELLER on certain dates, times and places,
– Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider,
– Contracts for goods prepared in line with the BUYER’s wishes or personal needs,
– Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene,
– Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
– Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
6.4. If the BUYER uses its right of withdrawal by notifying the SELLER in writing or verbally through customer service within 14 (fourteen) days following the delivery of the products to him, the SELLER may declare the product/products as they were first sold, together with a copy of the delivery report and the original invoice. All shipping costs are borne by the SELLER. The BUYER has the right to withdraw before the delivery of the product/products. If the BUYER does not use the product/products in accordance with its operation, technical specifications and usage instructions within the withdrawal period, the BUYER is responsible for the changes and deteriorations that occur, and the BUYER is obliged to compensate for the decrease in the value of the product/products. The BUYER shall send the product/products to be returned by the BUYER due to the exercise of the right of withdrawal, via a transport company of his choice, and the shipping cost shall be borne by the BUYER. Company returns are required to issue a return invoice.
6.5. The BUYER accepts, declares and undertakes that the refund will not be made in cash, if he requests a refund for the payments made by credit card. In case the right of withdrawal is exercised, the price and shipping costs of the product/products are returned to the BUYER within 14 (fourteen) days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER. Refunds to the credit card are made within the framework of the banks’ current refund procedures. In this context, in cases where payment in installments is in question, the refund is made within the framework of the current procedures of the banks. In the event that the SELLER cannot return due to the fact that the BUYER’s credit card has been canceled/changed and/or inoperable for any reason, the BUYER is obliged to receive the money by applying to the SELLER in writing, together with the documents received from the relevant bank. In such a case, the BUYER cannot claim any delay loss, interest or similar claims from Port of Aliaga under any name whatsoever.
6.6. The BUYER has to send the product back to the product return address specified in article 1 in order to deliver the goods to the SELLER within 10 (ten) days from the date on which he/she made the notification regarding the use of his/her right of withdrawal.
ARTICLE 7- GENERAL PROVISIONS
7.1. The BUYER, on the website, includes the basic characteristics of the service/services and/or products/products subject to the Contract, the sales price including VAT, the validity period of all the commitments of the SELLER including the price and the payment method and preliminary information regarding the delivery; the right of withdrawal and how it will be used, the fee if there is a cost to be covered by the BUYER, the delivery and performance times of the product/products subject to the contract, the full address, telephone and other access information of the SELLER to which the BUYER can forward his requests and complaints, the customs clearance of the applications regarding complaints and objections. and within the monetary limits determined by the Ministry of Commerce, accepts, declares and undertakes that the BUYER has read and informed that the consumer problems in the place of purchase or residence can be filed with the arbitral tribunal or the consumer court and gives the necessary confirmation in the electronic environment.
7.2. The BUYER accepts, declares and undertakes that persons under the age of 18 will not be able to shop even if the product/products intended for children are offered for sale on the website, and that the SELLER will not be liable in any way for the damages incurred by third parties due to product ordering in violation of this rule. In the event that the SELLER determines that there is a violation of this article, it has the right to cancel the contract by canceling the order.
7.3. The SELLER reserves the right to freeze or terminate the order if it determines that the information given by the BUYER does not correspond to the truth. In such a case, if the SELLER cannot reach the BUYER from the phone, e-mail or delivery address given by the BUYER, it will freeze the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If the BUYER does not contact the SELLER within this period, the order will be cancelled. If the order is canceled, the payments made by the BUYER, if any, are returned within 14 (fourteen) days. For payments made by credit card, the refund is made to the credit card from which the payment was made. It is sufficient for the SELLER to make the payment within this period, and the SELLER cannot be held responsible for the process of reflecting the payment by the bank.
7.4. Circumstances that did not exist and could not be foreseen at the date of signing of the Agreement, that developed beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities assumed by the Agreement or to fulfill them in a timely manner, force majeure will be considered as the cause. SELLER, force majeure (natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of the competent authorities, stocks If the product/products in the Contract cannot be delivered within the legal period of 30 (thirty) days due to exhaustion, commercial impossibilities or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the BUYER is obliged to notify the situation to the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product/products subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be returned to him within 14 (fourteen) days.
7.5. The SELLER is not responsible for price and content errors caused by typesetting and system errors. In case the product prices are written far below the market price at a level that can be understood by the average person as a clear error, all orders placed according to this incorrect price have the right to be canceled by the SELLER. In such a case, the BUYER accepts and declares that he will not make any rights and claims, including the delivery of the product at the declared price, due to a clear mistake.
7.6. The SELLER reserves the right to cancel purchases that exceed the BUYER’s needs from the same product on the Website. In case the purchases exceed 3 (three) products in wholesale purchases exceeding the BUYER’s needs, the SELLER reserves the right to cancel the order completely or to send only 3 (three) products, which it accepts as the retail purchase limit.
7.7. The Seller, in the capacity of data controller, keeps some personal information of the Buyer (such as name-surname, telephone, TR Identity Number, address or e-mail addresses, etc.) included in the distance sales contract and in the preliminary information form.
The seller, other than the purpose and scope determined by this contract, information such as name-surname, telephone number, TR Identity Number, address, e-mail address, date of birth requested during the shopping phase; may use it to contact the Buyer when necessary, or store or process this information. Personal Data may also be transferred to, processed and used by the companies with which the Seller cooperates, in order to conduct research, database creation, market research and communication/marketing activities to improve the Seller’s processes. The Buyer declares and accepts that they expressly consent to the transmission, processing and storage of the personal data of the members to the real and/or legal persons with whom the Seller cooperates for the stated purposes, within the scope of the Law on Protection of Personal Data No. 6698.
Buyer; At any time, by applying to the Data Controller Seller within the scope of the Law, to learn whether his personal data is processed, to request information about the processed personal data, if any, to learn the purpose of processing personal data and whether this data is used in accordance with the purpose, to know the third parties to whom his personal data is transferred, to Requesting the correction of errors and requesting this correction from the relevant third party if the transfer has been made, requesting the deletion, destruction or anonymization of these data in case the reasons requiring the processing of personal data disappear, and if the transfer has been made, requesting this request to be forwarded to the transferred third party, As a result of the processed data has the right to object to a negative result related to the person, and to claim the damage within the framework of the law in case the damage arises due to illegal data processing.
ARTICLE 8- APPLICABLE LAW AND RESOLUTION OF DISPUTES
8.1. Turkish Law shall apply in case of any dispute arising from the implementation and interpretation of this Agreement and this Agreement.
8.2. The BUYER has the right to apply to the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade in the resolution of disputes within the scope of the Law No. 6502 regarding the implementation of this Agreement, and to the Istanbul Consumer Courts for the resolution of disputes exceeding this value.
SALES PERSON :