Distance Sales Agreement

Distance Sales Agreement

DISTANCE SALE AGREEMENT

ARTICLE 1 – PARTIES

ARTICLE 1 Seller Information

Company Name: 

Address: 

Phone: 

Fax: 

E-mail: 

ARTICLE 2 Buyer Information

Name/Surname/Title: 

Address: 

Phone: 

E-mail: 

ARTICLE 3 – SUBJECT OF THE AGREEMENT

3.1 This Distance Sale Agreement (“Agreement”) regulates the rights and obligations of the parties regarding the sale and delivery of products ordered by the Buyer through the website https://montregard.com operated by the Seller, in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts published in the Official Gazette No. 29188 on November 27, 2014.

3.2 The Buyer hereby acknowledges and declares that they are aware of the essential characteristics of the goods or services subject to sale, the sale price, payment method, delivery conditions, all preliminary information regarding the goods or services subject to sale, and the “right of withdrawal,” confirming this information electronically and subsequently ordering the goods or services under the provisions of this Agreement. The “Pre-Information Form” located on the payment page at https://montregard.com is an integral part of this Agreement.

ARTICLE 4 – EFFECTIVENESS

This Agreement was established and came into effect on {DATE}, following the Buyer’s confirmation of having read the information in the Pre-Information Form on the website www.montregard.com after completing the order. A copy of the Agreement has been sent to the Buyer’s e-mail address.

ARTICLE 5 – VALIDITY PERIOD OF THE COMMITMENTS

The prices specified in Article 6.1 are the sale prices. The advertised prices and commitments are valid until updated or changed. Prices announced for a limited period shall be valid until the stated period ends.

ARTICLE 6 – VALIDITY PERIOD OF THE COMMITMENTS

6.1 The details of the Products ordered by the Buyer, including the total sale amounts inclusive of taxes, quantity, and information are specified below.

Date: {TARIH}

The type, quantity, brand/model, color, and sale price of the Products are as stated above.

Payment method: {paymentmethod}

Delivery address: {Deliveryaddress}

Total {TOTAL} with {paymentmethod}

6.2 The shipping fee shall be borne by the Buyer. This is subject to the opportunities and facilities provided by the Seller regarding the shipping fee.

6.3 The Buyer acknowledges, declares, and commits that they will confirm the relevant interest rates and late payment fee information from the bank regarding purchases made by credit card in installments, and that the provisions concerning interest and late payment fees shall apply in accordance with the credit card agreement between the bank and the Buyer in accordance with current legislation. The installment payment facilities provided by organizations such as banks and finance institutions that issue credit cards or installment cards are a credit and/or directly an installment payment facility provided by that organization; sales of the Products for which the Seller has received full payment are not considered installment sales under this Agreement but rather cash sales.

ARTICLE 7 – DELIVERY OF PRODUCTS

7.1 The Product shall be delivered packaged and intact to the delivery address indicated by the Buyer or to the person/institution specified by them, within a maximum of 30 days from the date of order, together with the invoice.

7.2 If the Product is to be delivered to a different person/institution indicated by the Buyer, the Seller shall not be held responsible for any failure of the specified person/institution to accept the delivery.

7.3 The Buyer is obliged to check the Product at the time of delivery and to immediately report any defects seen to the Seller.

ARTICLE 8 – GENERAL PROVISIONS

8.1 The Buyer accepts and declares that they have read and understood the essential characteristics of the products displayed on the website www.montregard.com, the sale price, payment method, and preliminary information regarding delivery, and that they have given the necessary confirmation for online sales.

8.2 By confirming this Agreement electronically, the Buyer confirms that they have accurately and completely obtained the address, basic features of the products ordered, total prices inclusive of taxes, shipping/freight costs, and information regarding payment and delivery before the conclusion of distance contracts.

8.3 The Seller shall not be held liable for any failure to deliver the ordered Products to the Buyer due to any issues caused solely by the shipping company’s fault during the delivery of the Products to the Buyer.

8.4 The Seller is responsible for delivering the product in a sound, complete manner, in accordance with the specifications stated in the order, along with any warranty documents and user manuals, if applicable.

8.5 The Seller may supply an alternative product of equal quality and price with written approval from the Buyer in the event that it is determined that the product subject to the Agreement cannot be procured for a justified reason before the performance obligations expire.

8.6 If the delivery of the Products becomes impossible, the Seller shall immediately notify the Buyer of the situation and refund all collected payments, including applicable delivery expenses, within a maximum of 14 (fourteen) days from the notification date.

8.7 Confirmation of this Agreement electronically is a prerequisite for the delivery of the Products. If the product price is not paid for any reason or is canceled in the bank records, the Seller is deemed to be released from all obligations arising from this Agreement, including the obligation to deliver the Product.

8.8 In the event that the Product price is not paid to the Seller for any reason, the Buyer must return the Products to the Seller at their own expense within a maximum of 3 days from the Seller’s notification. The Seller’s rights, including the collection of the product price, are reserved in any case.

8.9 In cases of extraordinary circumstances (such as adverse weather conditions, earthquakes, floods, fires, etc.) preventing delivery within the 30-day period, the Seller shall inform the Buyer regarding the delivery. In this case, the Buyer may cancel the order, order a similar product, or wait until the extraordinary circumstances are over. In the event of order cancellations, if the Product price has been collected, it shall be refunded to the Buyer within 14 days of cancellation. In credit card payments, refunds will be made to the Buyer’s credit card.

ARTICLE 9 – RIGHT OF WITHDRAWAL

9.1 In distance contracts concerning the sale of goods, the Buyer may exercise their right of withdrawal without any legal or penal liability and without providing any justification, by refusing the goods within 14 (fourteen) days of delivery to themselves or to the person/institution indicated. The determination of the withdrawal right period is as follows:

a) In cases where there is a single order subject to separate deliveries, the day on which the last item is received by the consumer or a third party designated by the consumer.

b) In cases of goods consisting of multiple parts, the day on which the last part is received by the consumer or a third party designated by the consumer.

c) In contracts where the delivery of goods occurs regularly over a specified period, the day on which the first item is received by the consumer or a third party designated by the consumer is taken into account.

9.2 The Buyer can notify the Seller of the withdrawal via registered mail, electronic mail, or through the Call Center Number specified in Article 1 within the 14 (fourteen) day period. From the date of this notification, the Seller may contact the Buyer to facilitate the return of the Product from the Buyer. However, if the Seller does not make such an offer to the Buyer, the Buyer must return the purchased Product to the address specified in Article 1 within 10 (ten) days from the withdrawal notification.

9.3 To process the return, the relevant sections of the invoice sent to the Buyer, which includes the return section, must be filled out completely and signed before being sent back to the Seller.

9.4 The return of Products must be made along with their box, packaging, and any standard accessories, if applicable.

9.5 The Seller is required to refund the total amount paid by the Buyer (sum of all amounts paid to the Seller) and any documents obligating the Buyer within a maximum of 14 (fourteen) days from the date of receipt of the withdrawal notification. 

9.6 The existence of a decrease in value of the received goods or any reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is caused by the fault of the consumer, the Buyer is obligated to compensate the Seller for the value of the goods or the amount of the decrease in value. Any changes and damages resulting from the usual use of the goods do not constitute a decrease in value.

ARTICLE 10 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The Buyer cannot exercise the right of withdrawal in the following cases:

a) Contracts for goods prepared in accordance with the consumer’s requests or personal needs.

b) Contracts for the delivery of goods that can spoil quickly or have a short shelf life.

c) Contracts for goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, provided that the return of products unsuitable for health and hygiene is concerned.

d) Contracts for goods that have been mixed with other products after delivery and cannot be separated by their nature.

e) Contracts for physical products such as books, digital content, and computer consumables, where the protective elements such as packaging, tape, seal, or package have been opened after delivery.

f) Contracts for the delivery of periodical publications such as newspapers and magazines, excluding those provided under a subscription agreement.

g) Contracts for services performed immediately in electronic form or for intangible goods delivered immediately to the consumer.

h) Contracts regarding services initiated with the consumer’s consent before the expiration of the withdrawal period.

ARTICLE 11 – COMPLAINTS AND RESOLUTION METHODS

The Buyer can communicate all suggestions and complaints regarding the sold goods or services to the Seller via the Call Center Number and e-mail address specified in Article 1. The Seller aims to resolve any complaints and suggestions submitted by the Buyer within the legal limits.

ARTICLE 12 – Competent Court

Regarding complaints and objections, the Seller can submit applications to the Consumer Arbitration Board or the consumer court located at the place where they purchased the goods or services or where their residence is located, within the monetary limits specified annually by the Ministry of Customs and Trade in December.

ARTICLE 13 – Other Provisions

The Buyer declares, accepts, and agrees that they have read all the conditions and explanations written in this Agreement and the Pre-Information Form, and that they have received, examined, and accepted all sales conditions and other preliminary information.

Seller: MONTREGARD

In the event of the completion of the order, the BUYER is deemed to have accepted all terms and conditions of this Agreement.

SELLER

BUYER