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DISTANCE SELLING AGREEMENT


  1. PARTIES

    This Agreement is executed by and between the following parties subject to the following terms and conditions.


    A. “BUYER”; (hereinafter referred to as the “BUYER”)

    A. “SELLER”; (hereinafter referred to as the “SELLER”)

    TRADE NAME: Z EKSEN BASKI SİSTEMLERİ VE BİLGİ TEKNOLOJİLERİ SAN. VE TİC. A.Ş.

    ADDRESS: YEŞİLCE MH. ÇEŞNİ SK. NO: 4 KAT: 3 KAĞITHANE / İSTANBUL


    By executing this Agreement, the BUYER agrees in advance that when s/he approves the order subject to the agreement, s/he will be under the obligation to pay the price of the order and the additional fees specified, such as shipping fee and tax, if any, and that he/she has been informed about this issue.


  2. DEFINITIONS

    For implementation and interpretation purposes of this Agreement, the following terms shall refer to the explanations given below.


    MINISTER: refers to the Republic of Turkey, Minister of Commerce, MINISTRY: refers to the Republic of Turkey, Ministry of Commerce,

    LAW: refers to the Law on the Protection of the Consumer Numbered 6502, REGULATION: refers to the Distance Selling Regulation (RG:27.11.2014/29188), SERVICE: refers to the subject of any consumer transaction made or promised to be made in return for a fee or benefit, except for the supply of goods,

    SELLER: refers to the company that offers goods to the consumer or any other party that acts on behalf or on account of the company offering goods within the scope of its commercial or professional activities,

    BUYER: refers to a natural or legal person who buys, utilizes, or benefits from a service or goods for non-commercial or non-professional purposes,

    WEBSITE: refers to the website of the SELLER,

    ORDERING PARTY: refers to the natural or legal person who requests a service or goods through the website of the SELLER,

    PARTIES: refers to the SELLER and the BUYER,

    AGREEMENT: refers to the agreement between the SELLER and the BUYER, GOODS: refers to the movable goods that are the subject of the deal and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.


  3. SUBJECT MATTER

    This Agreement regulates the rights and liabilities of the Parties regarding the sales and delivery of the goods with the following properties and sale price, which the

    BUYER has ordered electronically through the SELLER’s website pursuant to the provisions of the Law on the Protection of the Consumer Nr. 6502, and the Regulation on Distance Selling Agreements.

    The prices listed and announced on the website are the sales prices. Announced prices and commitments shall be valid until updated and changed. Prices announced for a period shall be valid until the end of the specified period.


  4. SELLER INFORMATION:

    Z EKSEN BASKI SİSTEMLERİ VE BİLGİ TEKNOLOJİLERİ SAN VE TİC AŞ YEŞİLCE MH ÇEŞNİ SK NO 4 KAT 3 KAĞITHANE / İSTANBUL

    +90 212 279 00 60 info@zaxe.com

    MERSIS No:


  5. BUYER INFORMATION:

    [selected-cargo-user-name] [address-for-cargo]

    [phone-no]

    [e-mail-address]


  6. ORDERING PARTY INFORMATION:

    [invoice-user-name] [invoice-address] [phone-no]


  7. DETAILS OF GOODS/PRODUCTS SUBJECT TO THE AGREEMENT

    1. The basic properties (type, quantity, brand/model, color, number) of the Goods/Product(s)/Service are published on the SELLER website. If the Seller organizes the campaign, you can examine the basic properties of the relevant product during the campaign. Valid until the campaign date.

    2. The prices listed and announced on the website are the sales prices. Announced prices and commitments shall be valid until updated and changed. Prices announced for a period shall be valid until the end of the specified period. For orders of 500.00 TRY or more, shipping costs shall be covered by the SELLER.

    3. Below, you can find the sales price of the goods or services subject to the agreement, including all taxes.

      Order Content and Total:

      [cart-amount-including-VAT] Order Date: [date]

  8. INVOICE DETAILS:


    [invoice-user-name] [invoice-company name] [invoice-address]

    Delivery of the invoice: The invoice will be delivered to the invoice address along with

    the ordered product during the delivery of the ordered product.


  9. GENERAL PROVISIONS

    1. The BUYER agrees, represents, and warrants that s/he has read and is informed about the preliminary information about the basic properties, sales price, payment method, and delivery terms of the product subject to the agreement on the website of the SELLER, and that s/he granted the necessary confirmation in the electronic environment. The BUYER agrees, represents, and warrants that s/he has obtained the Preliminary Information in the electronic environment, the address to be given to the BUYER by the SELLER, the basic properties of the products ordered, the price of the products including taxes, payment and delivery terms accurately and completely before the establishment of the distance selling agreement.


    2. Each product subject to the agreement is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the fact how far the BUYER’s place of residence is, provided that such period does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.


    3. The SELLER agrees, represents, and warrants to deliver the product subject to the agreement in full, in conformity with the properties specified in the order, and with the information and documents required for the work, including the warranty documents, user manuals, if any, perform the contracted service, free of any defect, in conformity with the requirements of the legal legislation, in a sound manner pursuant to the standards, within the principles of honesty and integrity, maintain and increase the quality of service, show the necessary care and attention during the performance of the work, and act with prudence and prescient.


    4. The SELLER may supply a different product with equal quality and price by informing the BUYER and by obtaining his/her explicit approval before the contractual performance obligation expires.


    5. The SELLER agrees, represents, and warrants that if the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.


    6. The BUYER agrees, represents, and warrants that s/he shall confirm this Agreement electronically for the delivery of the product subject to the agreement and that the SELLER’s obligation to deliver the product subject to the agreement shall cease if, for any reason, the price of the product subject to the agreement is not paid and/or canceled in the bank records.


    7. The BUYER agrees, represents, and warrants to return the product subject to the agreement to the SELLER within 3 days at the SELLER’s cost of transportation if

      the sales price is not paid to the SELLER by the relevant bank or financial institution due to the unfair use of the credit card by unauthorized persons after the delivery of the product subject to the agreement to the BUYER or the person and/or organization at the address indicated by the BUYER.


    8. The SELLER agrees, represents, and warrants to notify the BUYER of the situation if the product subject to the agreement cannot be delivered in due time due to force majeure events that occurred beyond the control of the parties, are unpredictable, and prevent and/or delay the fulfillment of the obligations of the parties. The BUYER is entitled to demand from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with its precedent, if any, and/or the postponement of the delivery period until the impeding condition is removed. If the BUYER cancels the order, the price of the product shall be paid to him/her fully in cash within 14 days, in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product price is returned to the relevant bank within 14 days after the BUYER cancels the order. The BUYER agrees, represents, and warrants that the average process for the bank to deposit the amount returned to the credit card by the SELLER to the BUYER’s account may take 2 to 3 weeks, the process of depositing this amount to the BUYER’s accounts after the return of this amount to the bank is completely related to the bank transaction process, and s/he cannot hold the SELLER responsible for possible delays.


    9. The BUYER shall inspect the goods/services subject to the agreement before receiving them, and shall not receive any dented, broken, torn packaging, etc., damaged and defective goods/services from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The BUYER shall be responsible for carefully protecting the goods/services after delivery. If the withdrawal right is to be exercised, the goods/services should not be used. The invoice must be returned.


    10. If the BUYER and the credit card holder used while placing the order are not the same person, or if a security vulnerability is detected regarding the credit card used in placing the order before the product is delivered to the BUYER, the SELLER may request from the BUYER to present the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in placing the order, or a letter from the bank of the cardholder indicating that the credit card belongs to him/her. The order shall be blocked until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER shall be entitled to cancel the order.


    11. The BUYER represents and warrants that the personal and other information provided while subscribing to the SELLER’s website is true, and s/he shall immediately indemnify the SELLER fully in cash for all damages incurred due to the inaccuracy of this information upon the first notification of the SELLER.


    12. The BUYER agrees and warrants in advance to comply with the provisions of the legal legislation and not to violate them when using the SELLER’s website.

      Otherwise, all legal and penal liabilities that may arise shall be binding for the BUYER completely and exclusively.


    13. The BUYER may not use the SELLER’s website for an unlawful purpose and in a manner disrupting public order, violating public morality, disturbing and harassing others, and infringing the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).


    14. Links may be given on the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and are owned and operated by other third parties. These links are used only to facilitate reference for the BUYER, and they don’t support any website or the person operating the related website, and no guarantee is given regarding the linked websites’ content.


    15. The member who violates one or more of the articles listed in this agreement shall be personally and criminally responsible for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition, if the incident is reported to the legal authorities due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.


  10. WITHDRAWAL RIGHT


    1. If the distance selling agreement is related to sales of goods, the BUYER may exercise his/her right to withdraw from the agreement by rejecting the goods without taking any legal or criminal responsibility and without giving any reason within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated, provided that s/he gives information to the SELLER. In distance agreements related to service provision, this period commences from the date of signing the agreement. Before the expiry of the withdrawal right, the withdrawal right cannot be exercised in service agreements where the performance of the service has started with the approval of the consumer. The SELLER shall be responsible for the costs arising from the exercise of the withdrawal right. By executing this agreement, the BUYER accepts in advance that s/he has been informed about the withdrawal right.


    2. In order to exercise the withdrawal right, the SELLER must be notified in writing by registered mail, fax, or e-mail within 14 (fourteen) days, and the product has not been used pursuant to the provisions of the Clause “Products not Subject to Withdrawal Right” regulated under this Agreement. In case of exercise of this right;

      1. The invoice of the product delivered to the 3rd person or the BUYER (together with the return invoice issued by the institution when returning it, if the invoice of the product to be returned is corporate) must be sent with the product. (Order returns, whose invoices are corporate, cannot be completed unless a RETURN INVOICE is issued.)

      2. Return form,

      3. The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.

      4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to accept the return of the goods within 20 days.

      5. If there is a decrease in the value of the goods due to any fault attributable to the BUYER or if the return of the goods becomes impossible, the BUYER shall be obliged to compensate the SELLER’s losses in proportion to his/her fault. However, the BUYER shall not be responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the withdrawal right period.

      6. In a case falling below the campaign limit amount set by the SELLER due to the exercise of the withdrawal right, the discount amount used within the scope of the campaign is canceled.

      The BUYER may exercise his/her withdrawal right by using the SELLER’s contact information contained in this Agreement and the Preliminary Information Form previously sent to him.


  11. PRODUCTS NOT SUBJECT TO WITHDRAWAL RIGHT

      1. It is not possible to return the products prepared in line with the BUYER’s request or clearly personal needs, underwear, swimwear and bikini bottoms, make-up materials that are not eligible for return, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, the products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, heater cartridge, thermistor, hotend, printing plate, fan, etc. spare parts and consumables, except for those provided under the subscription agreement, the goods related to periodicals such as newspapers and magazines, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and the audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the package has been opened by the BUYER pursuant to the Regulation. In addition, before the withdrawal right expires, it is impossible to exercise the withdrawal right regarding the services that have been started with the consumer’s approval pursuant to the Regulation.

      2. In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, tape, etc.), their packages must be unopened, they must be untested, intact, and unused.


  12. DEFAULT AND LEGAL CONSEQUENCES


    The BUYER agrees, represents, and warrants to pay interest within the framework of the credit card agreement with the cardholder bank in case of default if the payment transaction is made with a credit card, and s/he shall be responsible against the bank. In such case, the related bank may take legal action or may request the costs and attorney’s fees from the BUYER; however, in any case, the BUYER agrees,

    represents, and warrants that s/he shall pay the damage and loss suffered by the SELLER due to the delayed performance of the debt if the BUYER goes into default.


  13. COMPETENT COURT

    Complaints and objections in disputes arising from this agreement may be submitted to the Consumer Arbitration Committee or the Consumer Court in the place where the consumer resides or where the transaction is made pursuant to the monetary limitations set forth in the following law. Information on the monetary limit is below:


    As of 01/01/2021, for applications to be made to consumer arbitration committees:

    1. District consumer arbitration committees are appointed in disputes under 7,550 (seven thousand five hundred and fifty) Turkish Liras,

    2. Provincial consumer arbitration committees are appointed in disputes between 7,550 (seven thousand five hundred and fifty) Turkish Liras and 11,330 (eleven thousand three hundred thirty) Turkish Liras in provinces with metropolitan status,

    3. Provincial consumer arbitration committees are appointed in disputes under 11,330 (eleven thousand three hundred thirty) Turkish Liras in the center of the provinces without metropolitan status,

    ç) Provincial consumer arbitration committees are appointed in disputes between 7,550 (seven thousand five hundred and fifty) Turkish Liras and 11,330 (eleven thousand three hundred thirty) Turkish Liras in districts of provinces without metropolitan status.

    This Agreement is executed for commercial purposes.


  14. ENFORCEMENT

When the BUYER approves this contract electronically through the Website and makes the payment for the order, it is deemed that s/he accepted all the terms of this agreement. The SELLER shall be obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is fulfilled.


SELLER: Z EKSEN BASKI SİSTEMLERİ VE BİLGİ TEKNOLOJİLERİ SAN. VE TİC. A.Ş.


BUYER:

[invoice-user-name] DATE: [date]

Z Eksen Baskı Sistemleri ve Bilgi Teknolojileri San. ve Tic. A.Ş.

Yeşilçe Mh. Seçilmiş Sk. No: 2 Kağıthane / İstanbul

+90 (212) 279 00 60+90 (212) 280 92 93

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