DISTANCE SALES AGREEMENT

ARTICLE 1- PARTIES TO THE AGREEMENT 

SELLER: PANİZ TEKSTİL İNŞAAT SAN. VE DIŞ TİC. LTD. ŞTİ.

Address: MEŞRUTİYET MAHALLESİ KODAMAN SK. NO:108/D ŞİŞLİ/İSTANBUL
Tax Office / Mecidiyeköy Tax Office
Tax ID No: 7210153708

Telephone: 021222969876
E-mail: info@panizsima.com

BUYER: ………

Name/Surname:
TR ID No:
Date of Birth:
Commercial Title (If any): ...... 
Address: 
Tax Office (If any):
Tax ID No:
Telephone: ......
E-mail: ..... 


ARTICLE 2- SUBJECT OF THE AGREEMENT 

2.1. This Agreement regulates the rights and obligations of the Parties pursuant to the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Sales Agreements regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER’s website.

2.2. The BUYER hereby accepts and declares that, in the electronic environment, the BUYER has been clearly informed by the SELLER about the SELLER’s name, title, full address, telephone and other contact information, the basic characteristics of the products subject to sale, the sales price including all applicable taxes, the method of payment, delivery terms and costs, all preliminary information regarding the product subject to sale, the exercise of the “Right of Withdrawal”, and the official authorities to which complaints and objections may be submitted; and that the BUYER has confirmed such preliminary information and then placed the order for the products.

2.3. The preliminary information available on the http://www.panizsima.com website and the invoice issued upon the order placed by the BUYER are integral parts of this Agreement.


ARTICLE 3- CONTRACT PRODUCT 

3.1. The type and nature, quantity, brand/model, sales price, method of payment, recipient, delivery address, invoice details, shipping cost, etc. of the contract product purchased electronically are as follows.

3.2. The person to whom the invoice is issued and the person placing the order must be the same. The information below must be true, complete and accurate. The BUYER accepts, declares and undertakes to bear any and all responsibility arising from the submission of inaccurate or incomplete information. 

3.3. The SELLER reserves the right to suspend the order when deemed necessary and/or when the information provided by the BUYER is factually inaccurate. If the SELLER detects any problem with the order or is unable to contact the BUYER via the telephone, email or postal address provided by the BUYER, the SELLER shall have the right to suspend the processing of the order for 15 (fifteen) days. It is expected that the BUYER will contact the SELLER and confirm the order during this period. If the BUYER does not respond within this period, the SELLER shall be entitled to unilaterally terminate or cancel the order.

Purchased Product / Products:
Name, Code: … pcs
Total Sales Price: …. -TRY
Method of Payment: Credit Card/Bank Transfer (EFT)
Recipient:
Telephone Number:
Delivery Address:
Invoice Person/Institution:
Invoice Address:
Tax Office:
Tax Identification Number:
Shipping Cost: … -TRY
E-mail: …..

ARTICLE 4- RIGHTS AND OBLIGATIONS OF THE SELLER 

4.1. The SELLER accepts and declares that it will fulfill its contractual obligations, except in cases of force majeure, in accordance with Law No. 4077 on the Protection of Consumers and the Regulation on Distance Sales Agreements.

4.2. The product subject to the Agreement shall be delivered to the BUYER or to the person/institution indicated by the BUYER within 30 (thirty) days. This period may be extended for a maximum of 10 days, provided that the BUYER is notified in advance and in writing.

4.3. The SELLER is obliged to deliver the contract product in good condition, in full, in compliance with the specifications declared at the time of order, and together with the warranty certificate and user manual, if any.

4.4. If it is determined that the contract product cannot be supplied and/or if inventory problems are encountered, the BUYER shall be explicitly and clearly informed, and another product of equal quality and price may be sent to the BUYER, or the BUYER may wait for the product to be restocked, or the order may be cancelled in line with the BUYER’s decision.

4.5. In cases where it becomes impossible for the SELLER to fulfill its obligation to deliver the contract product, the BUYER shall be informed of this situation immediately, and the total amount paid by the BUYER and any payment documents shall be returned to the BUYER and the Agreement shall be terminated within 10 (ten) days at the latest. In such a case, the BUYER may not claim any additional pecuniary or non-pecuniary damages from the SELLER. 

4.6. No one under the age of 18 (eighteen) is allowed to shop via the panizsima.com website. The SELLER shall rely on the age stated by the BUYER in the Agreement. However, the BUYER shall be fully responsible for any misrepresentation regarding his/her age, and the SELLER shall not be held liable in this respect. 

4.7. The SELLER shall not be held responsible for typographical and/or price errors arising from system failures, nor for typographical and/or price errors resulting from unauthorized and illegal interventions in the system. The BUYER accepts, declares and undertakes not to claim any rights from the SELLER based on such errors. 

ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE BUYER 

5.1. The BUYER accepts and declares that it will fully perform its obligations under this Agreement, except in cases of force majeure.

5.2. By placing an order, the BUYER accepts, declares and undertakes that it has accepted and confirmed the provisions of this Agreement and that it will make payment in accordance with the method of payment indicated in this Agreement.

5.3. Delivery of the contract product is subject to payment of the product price by the BUYER via the chosen method of payment. If, for any reason, the product price is not paid or the payment is cancelled in the bank records, the SELLER shall be released from the obligation to deliver the product.

5.4. If, after delivery of the product, the relevant bank or financial institution fails to pay the product price to the SELLER due to unauthorized use of the BUYER’s credit card by third parties or for any other reason, the BUYER shall be obliged to return the product, if delivered, to the SELLER within 10 (ten) days. In such a case, the shipping costs shall be borne by the BUYER.

5.5. If the contract product is to be delivered to a person/institution other than the BUYER, the SELLER shall not be held responsible if the recipient person/institution does not accept the delivery and/or does not deliver the contract product to the BUYER. In such a case, the responsibility shall rest with the BUYER.

5.6. The BUYER shall inspect the contract product before accepting delivery and shall not accept crushed, broken, damaged or defective products, or products with damaged packaging, from the shipping company. If the BUYER accepts and receives the contract product from the cargo/shipping company, the BUYER accepts and declares that the product is in good condition and free from damage. The BUYER shall be solely responsible for the proper safekeeping of the product after delivery. 

5.7. In cases where the BUYER is aware or is expected to be aware of defects on the date of signature of the Agreement and/or on the date of delivery, the BUYER may not claim any rights from the SELLER due to non-compliance with the Agreement. The BUYER’s rights of choice arising from the Law on the Protection of Consumers with respect to other defects and hidden defects are reserved.

5.8. If the BUYER wishes to return the purchased product, the BUYER accepts, declares and undertakes not to damage the product or its packaging and to return the original invoice and delivery note during the return process.

5.9. The BUYER hereby accepts and declares that, via the http://www.panizsima.com website, the BUYER has been clearly informed in the electronic environment about the SELLER’s name, title, full address, telephone and other contact information, the basic characteristics of the products subject to sale, the sales price including all applicable taxes, the method of payment, delivery terms and costs, all preliminary information regarding the product subject to sale, the exercise of the “Right of Withdrawal”, and the official authorities to which complaints and objections may be submitted, and that the BUYER has confirmed such preliminary information electronically.

5.10. Based on the previous article, the BUYER accepts and declares that the BUYER has read and been informed of the order/payment/use procedures on www.panizsima.com, where instructions for ordering and payment terms, product usage instructions, and precautions taken against possible situations are provided, and further accepts and declares that the BUYER has confirmed these matters electronically.

5.11. The rights of the SELLER regarding all trademarks, patents, information and visual materials of the products and services, pursuant to Industrial Property Law No. 6769, Decree Law No. 556 on the Protection of Trademarks, Decree Law No. 551 on the Protection of Patents and the provisions of the Regulation on the Prevention of Unfair Competition, are reserved. The BUYER hereby accepts, declares and undertakes that all trademarks, photographs, information and visual materials used within the scope of this purchase belong to the SELLER or to the registered holder of such trademarks, photographs, information and visual materials; and further accepts, declares and undertakes to keep such information and materials confidential, not to use them for any other purpose and not to disclose them to any third party.

ARTICLE 6- ORDER/PAYMENT PROCESSING 

6.1. After the total price of the products including VAT (the total amount of installments in case of sales by installments) added by the BUYER to the shopping cart on the http://www.panizsima.com website is confirmed by the BUYER, it is processed through the POS device of the relevant bank. For this reason, an order confirmation e-mail is sent to the customer before the shipment of the orders. No shipment is made without sending the Order Confirmation E-mail.

6.2. The BUYER can place orders on the http://www.panizsima.com website using a credit card (Visa, MasterCard, etc.) or via bank transfer (wire/EFT). During bank transfer and/or EFT, the “Sender Details” must match the Invoice Details and the order number must be stated. Payment methods such as cash on delivery or postal checks are not accepted. If the relevant bank transfer is not made within one week following the order date, the relevant order is cancelled. The processing time of the orders is the time when the relevant amount is collected from the credit card account or when the bank transfer (EFT) reaches the SELLER’s bank accounts, not the time when the order is placed. 

6.3. Any malfunctions during the order and/or payment process or problems that may arise with respect to the credit card shall be notified to the BUYER via one or more of the communication methods such as telephone, fax, e-mail, etc. specified in the Agreement.


ARTICLE 7- DELIVERY PROCEDURE 

7.1. Once the order confirmation e-mail is sent to the BUYER, the product(s) are delivered to the SELLER’s contracted courier company at the SELLER’s own cost and expense.

7.2. The product(s) shall be delivered to the BUYER’s address by the SELLER’s contracted courier company. The delivery period is 30 days following the sending of the order confirmation e-mail. This period may be extended for a maximum of 10 days, provided that the BUYER is notified in advance and in writing. The BUYER may not hold the SELLER responsible for delays in delivery due to errors and/or deficiencies in shipment details, due to various social events and natural disasters, or for delays in delivery due to reasons beyond the SELLER’s control. 

7.3. The SELLER shall not be responsible for additional shipping costs incurred because the BUYER, or, if the product is to be delivered to a person/institution other than the BUYER, that recipient person/institution, does not accept the delivery, or due to errors and/or deficiencies in shipment details, and/or if the BUYER cannot be found at the designated address. If the product(s) is/are not delivered on the specified date, delivery problems should be reported to customer services via the e-mail address info@panizsima.com.

7.4. Damaged packages should not be accepted, and the courier company officer should be asked to draw up a report. If the package is rejected and a report is drawn up, this matter should be reported to the SELLER’s customer services as soon as possible, together with the BUYER’s copy of the report. The BUYER accepts and declares that the product accepted by the BUYER is complete, free of defects and in good condition. 

7.5. If, for any reason, payment of the product price is cancelled by the BUYER or the Bank, the SELLER shall no longer be obliged to deliver the product.

ARTICLE 8- RIGHT OF WITHDRAWAL AND PRODUCT RETURN PROCEDURE:

8.1. The BUYER may exercise the right of withdrawal within 14 (fourteen) days following delivery of the product to the BUYER and/or to the person/institution designated by the BUYER, without giving any reason and without incurring any legal or criminal liability. To exercise the right of withdrawal, written notification must be made to the SELLER and the product must be unused. To exercise this right, it is necessary to return the original invoice delivered to the BUYER or the third person. The BUYER must fill in and sign the relevant sections of the two copies of the invoice issued by the SELLER and delivered together with the product, send one copy to the SELLER together with the product, and keep the other copy. 

8.2. The shipping costs of the returned product(s) shall be borne by the BUYER.

8.3. The right of withdrawal cannot be exercised for products prepared or manufactured in line with the BUYER’s special requests and/or personal needs.

8.4. In the event that the BUYER exercises the right of withdrawal, the SELLER shall return the total amount paid by the BUYER and any payment documents to the BUYER within 10 (ten) days at the latest following receipt of the returned product and the invoice containing the notification of withdrawal, without charging any costs or expenses to the BUYER. The product price shall be refunded to the BUYER within 5 (five) days following receipt of the notification of withdrawal and the returned product. If the original product is not returned, VAT and other legal obligations, if any, shall not be refunded.

8.5. To return a product, the BUYER must first notify the SELLER’s customer services of this matter. Then, the product to be returned must be delivered to the SELLER together with the invoice containing the information on the product return, via the courier company that delivered the product to the BUYER. If the product returned to the SELLER meets the conditions set forth in this Agreement, the product return shall be accepted and the relevant amount shall be refunded to the BUYER’s credit card/account. No refund shall be made until the product is returned. The time for the refund to be reflected in the credit card account is at the discretion of the relevant bank.

8.6. If the purchase is made by credit card and in installments, the refund to the credit card account shall be as follows: The Bank will refund the BUYER in the same number of installments as the BUYER used to purchase the product. After the SELLER pays the full product price to the bank at once, for the mutual benefit of the parties, the requested refund amounts will be transferred to the relevant accounts by the Bank in installments. For the 1 (one) refund, one installment shall be reflected to the card each month if the date of refund and the statement date do not overlap, and the BUYER shall receive the installments paid before the refund process after completion of the installments, and such amount shall be deducted from the BUYER’s current debts and obligations.

8.7. In the case of the return of products and services purchased by credit card, the SELLER shall not be able to make a cash refund to the BUYER in accordance with the contract executed with the Bank. In the event of a refund transaction, the merchant, namely the SELLER, shall process the refund via the relevant software, and since the SELLER is obliged to make the payment to the bank in cash or on account and in accordance with the procedure detailed above, the SELLER cannot make a cash payment to the BUYER. The refund to the credit card shall be made by the Bank in accordance with the above procedure, after the BUYER has paid the amount to the bank in full.

ARTICLE 9- FORCE MAJEURE 

9.1. Circumstances that did not exist or could not have been foreseen on the date of signature of this Agreement, as well as reasons beyond the reasonable control of the Parties (including but not limited to natural disasters, war, acts of terrorism, rebellion, changes in legislation, confiscation or strike, lockout, significant failures in production and communication facilities, etc.) that prevent and/or delay either or both of the Parties from performing their obligations hereunder, in whole or in part, shall be deemed force majeure events. The Party facing a force majeure event shall immediately notify the other Party in writing.

9.2. During the continuation of the force majeure event, the Parties shall not be liable for their failure to perform their obligations hereunder. If such force majeure event lasts more than 30 (thirty) days, each Party shall be entitled to unilaterally terminate this Agreement. 

ARTICLE 10- WARRANTY

Products that are used and cleaned properly in accordance with the user manual are under warranty for 2 years against all manufacturing defects under the conditions set forth below. The SELLER’s warranty obligation applies to consumers within the scope of Law No. 4077. For matters of a commercial nature, the provisions of the Turkish Commercial Code shall apply.

ARTICLE 11- CONFIDENTIALITY

11.1. Information provided by the BUYER within the scope of this Agreement and information and data provided to the SELLER for payment purposes shall not be disclosed by the SELLER to third parties. The SELLER shall disclose such information only where there is an administrative/statutory obligation. The BUYER’s credit card details are not stored in the SELLER’s database.

11.2. The BUYER’s e-mail address, postal address and telephone information may be used by the SELLER for standard product delivery and information procedures. By this Agreement, the BUYER accepts and declares that the BUYER consents to receiving information about new campaigns, promotions and new products. 


ARTICLE 12- COMPETENT COURTS AND ENFORCEMENT OFFICES:

In the event of any dispute arising from the implementation of this Agreement, the Consumer Arbitration Committee shall have jurisdiction for disputes up to the monetary limits announced by the Ministry of Industry and Trade, and the Consumer Courts shall have jurisdiction for disputes above such amounts; where no Consumer Court is available, the Civil Courts of First Instance shall have jurisdiction.


ARTICLE 13- DATE OF AGREEMENT 

The date of this Agreement is …./…./……, the date on which the order is placed by the BUYER. Upon completion of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement.

This document has been executed by the SELLER on …/…/…. As the BUYER, I have read, understood and accepted all the matters written in this Preliminary Information Form for Sales and Distance Sales Agreement, and I have approved and confirmed all the matters therein.