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DISTANCE SALE CONTRACT BETWEEN PARTIES

This Agreement has been signed between the following parties within the framework of the provisions and conditions stated below.

 

'BUYER' (hereinafter referred to as the "BUYER" in the contract)

 

NAME-SURNAME:

 

ADDRESS:

 

'SELLER' (hereinafter referred to as the "SELLER" in the contract)

 

Climberist Spor Malzemeleri Ticaret Anonim Şirketi located in Etiler Mahallesi Tepecik Yolu Sk No: 86D Beşiktaş

 

By accepting this agreement, the BUYER acknowledges in advance that they will be obliged to pay the order amount, shipping fees if applicable, and any other additional fees specified, and they have been informed about this obligation upon confirming the order.

DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall have the meanings specified next to them:

 

MINISTER: Minister of Customs and Trade,

 

MINISTRY: Ministry of Customs and Trade,

 

LAW: Law No. 6502 on the Protection of the Consumer,

 

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),

 

SERVICE: Any consumer transaction other than the provision of goods in return for a fee or benefit,

 

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the entity providing goods,

 

BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

 

WEBSITE: The website owned by the SELLER,

 

ORDERING PARTY: The natural or legal person who requests a good or service from the SELLER's website,

 

PARTIES: The SELLER and the BUYER,

 

CONTRACT: This agreement concluded between the SELLER and the BUYER,

 

GOODS: The movable goods subject to the purchase and sale and intangible goods such as software, audio, visual, and similar goods prepared for use in electronic media.

SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, with the characteristics and sales price stated, which the BUYER has ordered electronically through the SELLER's website, in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts.

 

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated or changed. The SELLER reserves the right to change the product prices. The prices announced for a specific period are valid until the end of the specified period.

SELLER INFORMATION

Title: Climberist Spor Malzemeleri Ticaret Anonim Şirketi

 

TAX OFFICE: Beşiktaş

 

TAX ID: 2111232931

 

REGISTRY NO: 

 

Address: Etiler Mahallesi Tepecik Yolu Sk No: 86D Beşiktaş

 

Email: welcome@gymratslab.com

 

BUYER INFORMATION

 

Recipient

 

Delivery Address

 

Phone

 

Fax

 

Email/username

 

ORDERER INFORMATION

 

Name/Surname/Title

 

Address

 

Phone

 

Fax

 

Email/username

PRODUCT/PRODUCTS SUBJECT TO CONTRACT INFORMATION

The basic features of the goods/product(s)/service, such as type, quantity, brand/model, color, and quantity, are published on the seller's website. If the seller has organized a campaign for the relevant product, you can review the basic features of the product during the campaign period. It is valid until the campaign date.

 

7.2. The listed prices on the website are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the specified period expires.

 

7.3. The inclusive sales price including all taxes of the contract subject goods or services is shown below.

 

Product Description

 

Quantity

 

Unit Price

 

Subtotal

 

(Including VAT)

 

Shipping Cost

 

Total:

 

Payment Method and Plan

 

Delivery Address

 

Recipient

 

Billing Address

 

Order Date

 

Delivery Date

 

Delivery Method

 

7.4. The shipping cost, which is the shipment expense of the product, will be paid by the BUYER.

INVOICE INFORMATION

Name/Surname/Title

 

Address

 

Phone

 

Fax

 

Email/username

 

Invoice delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.

GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product, sale price, payment method, and preliminary information regarding the delivery on the seller's website and provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have obtained the correct and complete information about the delivery address, the basic features of the ordered products, the prices including taxes of the products, and the payment and delivery information.

 

9.2. Each product subject to the contract will be delivered to the BUYER or the person/organization indicated by the BUYER at the address specified on the website, depending on the distance of the BUYER's place of residence, within the period stated in the preliminary information on the website. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

 

9.3. The SELLER undertakes to deliver the product subject to the contract without any defects, in accordance with the specified qualities in the order, and, if available, with warranty documents, user manuals, and other necessary information and documents, in compliance with the legal requirements, with accuracy, honesty, care, and foresight, and to maintain and improve the quality of service. The SELLER acknowledges, declares, and undertakes.

 

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the fulfillment of the performance obligation arising from the contract.

 

9.5. If the SELLER fails to fulfill its contractual obligations due to the impossibility of fulfilling the delivery of the ordered product or service, the SELLER undertakes to notify the consumer in writing within 3 days from the date of learning, and within 14 days, to refund the total amount.

 

9.6. The BUYER confirms that it will confirm this Agreement electronically for the delivery of the contracted product and acknowledges, declares, and undertakes that in case the payment of the product price for any reason is not made and/or is canceled in the bank records, the SELLER's obligation to deliver the contracted product will cease.

 

9.7. The BUYER acknowledges, declares, and undertakes that in case the price of the contracted product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contracted product to the BUYER or the person/entity at the address indicated by the BUYER, the BUYER will return the contracted product to the SELLER within 3 days at the expense of the SELLER for transportation, and declares and undertakes.

 

9.8. The SELLER agrees, declares, and undertakes that in case of force majeure events such as the occurrence of unforeseen circumstances beyond the control of the parties, preventing or delaying the performance of the parties' obligations, the SELLER will notify the BUYER. The BUYER also has the right to request the cancellation of the order, replacement of the contracted product with a similar one, and/or postponement of the delivery period until the obstructive situation is eliminated. In case of cancellation of the order by the BUYER, in cash payments made by the BUYER, the product amount is paid to the BUYER in cash and in full within 14 days. In case of payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges that it may take an average of 2 to 3 weeks for the refunded amount to be reflected in the BUYER's accounts by the bank and that the process of reflecting the amount to the BUYER's accounts after the refund by the bank is entirely related to the bank's transaction process, and the BUYER agrees, declares, and undertakes that it cannot hold the SELLER responsible for any possible delays.

 

9.9. The SELLER has the right to contact the BUYER through mail, email, SMS, telephone calls, and other means of communication, marketing, notification, and other purposes using the address, email address, fixed and mobile phone lines, and other contact information specified or subsequently updated by the BUYER on the website belonging to the SELLER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.

 

9.10. The BUYER will inspect the goods/services subject to the agreement before receiving them and will not accept damaged and defective goods/services such as bruised, broken, torn packaging, etc. from the shipping company. The delivered goods/services will be deemed undamaged and intact. The obligation to carefully protect the goods/services after the delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.

 

9.11. If the credit card used during the order with the recipient (BUYER) does not belong to the same person or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the recipient, the SELLER (SELLER) may request the BUYER to provide the identity and contact information of the credit card holder and the credit card statement from the previous month or a letter from the bank confirming that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be put on hold, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

 

9.12. The BUYER declares and undertakes that the personal and other related information provided when becoming a member of the SELLER's website is accurate, and in case of any direct or indirect negative consequences that the SELLER may suffer due to the inaccuracy of this information, the BUYER will immediately and fully compensate the damages upon the SELLER's first notification.

 

9.13. The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising from such violations will be solely binding on the BUYER.

 

9.14. The BUYER shall not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, or for any illegal purpose that infringes upon the material and spiritual rights of others. In addition, the member shall not engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).

 

9.15. Links to other websites and/or other content owned or operated by third parties, not under the control of the SELLER, may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or person operating the site, nor do they provide any guarantee regarding the information contained on the linked website.

 

9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for such violations, both criminally and legally, and shall hold the SELLER free from the legal and criminal consequences of such violations. In addition, in the event that the incident is brought to the legal domain due to the non-compliance with the membership agreement, the SELLER reserves the right to claim compensation from the member.

RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without any legal or criminal liability and without stating any reason, provided that it informs the SELLER within 15 (fifteen) days from the date of delivery to the BUYER or the person/organization at the indicated address. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised for service contracts that have started to be performed with the consumer's consent before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

 

10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by registered mail, fax, or e-mail within the 15-day period, and the product must not have been used within the framework of the provisions regarding the "Products for which the Right of Withdrawal.

 

10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within the 14-day period, and the product must not have been used within the framework of the provisions regarding the "Products for which the Right of Withdrawal Cannot Be Used" specified in this agreement. In case of exercising this right,

 

a) The invoice of the product delivered to the individual or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns made on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)

b) Return form,

c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.

d) The SELLER is obliged to refund the total price and return the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification.

e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's fault or if it becomes impossible to return, the BUYER is obliged to compensate the damages of the SELLER in proportion to their fault. However, the BUYER shall not be held responsible for any changes or deterioration in the product due to its proper use within the withdrawal period.

f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign will be canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared according to the BUYER's request or clearly personalized, underwear bottoms, swimwear bottoms, makeup products, disposable products, perishable goods or goods with a possibility of expiration date, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products mixed with other products after delivery and cannot be separated due to their nature, goods related to periodical publications such as newspapers and magazines, electronically delivered services or non-material goods delivered instantly to the consumer, and audio or visual recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if their packaging has been opened by the BUYER according to the Regulation. In addition, the exercise of the right of withdrawal regarding services that have been started to be performed with the consumer's consent before the expiration of the withdrawal period is not possible according to the Regulation.

 

Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging is unopened, untested, undamaged, and unused.

DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment made by credit card, they accept, declare, and undertake that they will pay interest and be liable to the cardholder bank within the framework of the credit card agreement between them and the bank. In this case, the relevant bank may take legal action; it may demand the incurred expenses and attorney fees from the BUYER, and in any case, the BUYER accepts, declares, and undertakes that they will compensate for any direct or indirect damages suffered by the SELLER due to the delayed performance of the debt by the BUYER.

Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging is unopened, untested, undamaged, and unused.

COMPETENT COURT

In case of disputes arising from this agreement, complaints and objections shall be made to the consumer problems arbitration committee or the consumer court located in the place of residence of the consumer or where the consumer transaction is carried out within the monetary limits specified in the law mentioned below. Information regarding the monetary limit is as follows:

 

As of May 28, 2014:

 

a) In disputes with a value of less than 7,550.00 (seven thousand five hundred fifty) TL according to Article 68 of the Law on the Protection of the Consumer, the district consumer arbitration committees,

b) In disputes with a value between 7,550.00 TL (seven thousand five hundred fifty) and 11,350.00 TL (eleven thousand three hundred fifty) TL, the provincial consumer arbitration committees,

c) In disputes with a value between 7,550.00 TL (seven thousand five hundred fifty) and 11,350.00 TL (eleven thousand three hundred fifty) in metropolitan cities, applications are made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

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