DISTANCE SELLING CONTRACT

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ARTICLE 1: PARTIES

1.1. SALES PERSON

Trade Name:PUFFIN CYCLE DESIGN

Authorized person: Emrah Yilmaz
Address:Rasimpaşa mh. Noah Bey sk. 1B/5 Kadıköy / İSTANBUL 

Phone:
E-mail address:shop@puffincycle.com
Product Return Address:Rasimpaşa mh. Nuhbey sk. 1B/5 Kadıköy/ İSTANBUL
Customer Service Phone:
Mersis Number: 

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1.2. BUYER

Name Surname / Title:
Delivery address:
Phone:
E-mail address:
 

ARTICLE 2: SUBJECT
 

The subject of this contract is the Law on Consumer Protection No. 6052, dated 27.11.2014, regarding the sale and delivery of the product/products, the qualities and sales prices of which are specified below, made to the ORDERER/BUYER by the SELLER on the website www.puffincycle.com. It covers the rights and obligations of the parties in accordance with the provisions of the "Distance Contracts Regulation", which came into force after being published in the Official Gazette No. 29188.
 

ARTICLE 3: INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

The type, quantity, brand/model, color, quantity, sales price and payment method of the Good/Product(s)/Service are as stated below.

 

      Design             Description                  Quantity                         Total 

 

     ........................          ........................               ...........                         .............                                                                                                                                                            

                  

Payment method:

Delivery Method: 

Authorized Cargo Company: 
 

If you place your order during working hours, the product will be delivered to the cargo company on behalf of the buyer on the same day, and if you place your order outside working hours, the next day. After your cargo shipment code is reflected in the system, your order will be delivered by authorized cargo within 3 days at the latest. The shipping fee, which is the cost of shipping the product, is included in the total sales price of the product.
 

ARTICLE 4: GENERAL PROVISIONS
 

4.1. BUYER is obliged to pay the above-mentioned product prices for the product(s) subject to the contract, based on the total order amount.
 

4.2. BUYER and INVOICE INFORMATION may belong to the same person and/or different people. BUYER is responsible for all information provided within the scope of this contract if it belongs to different persons.
 

4.3. BUYER accepts that all information provided within the scope of this contract is correct. If the BUYER cannot be reached with the information given, the SELLER has no responsibility and all responsibility belongs to the BUYER.
 

4.4. This service is intended for retail sale and end use only. Even if a preliminary information form and/or sales contract has been formed for wholesale and "resale" orders, the SELLER reserves the right to cancel the order and not deliver it.
 

4.5. Unless the product(s) subject to the contract are prepared in line with the consumer's wishes or personal needs, the ordering date indicated by the ORDERER/BUYER until the delivery date/execution date of the contract specified in this contract, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. It is delivered/performed to the person/organization at the address.
 

4.6. In order to conclude a Distance Sales Contract, this contract must be approved electronically by the BUYER.
 

4.7. For the delivery of the product(s) subject to the contract, this contract must be approved electronically and delivered to the SELLER and the price must be transferred to the SELLER's account via the payment method preferred by the ORDERER/BUYER. If the price of the product is not transferred to the SELLER's account or is canceled in the bank records, the SELLER is deemed to be freed from the obligation to deliver the product.
 

4.8. BUYER accepts and declares that he/she has read and informed all information regarding the basic characteristics of the product(s) subject to the contract, sales price and payment method and delivery, and has given the necessary confirmation electronically.
 

4.9. BUYER shall use special design techniques, textures, patterns, forms, design elements (icons, auxiliary devices, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, models, designs and works used in the designs produced by the SELLER. The SELLER accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the items used in the design belong to the SELLER.
 

4.10. BUYER, on the unprinted and plain, unpatterned/patterned products produced by the SELLER and offered for sale on the SELLER's website, in order to sell them for commercial purposes, designs, illustrations to which the SELLER has no right or relationship arising from the Law on Intellectual and Artistic Works (FSEK). etc. He accepts and declares that printing and selling the drawings will be deemed as infringement of the SELLER's industrial rights in both the Law on Intellectual and Artistic Works and the Industrial Property Law.
 

4.11. BUYER accepts and declares that he/she is legally responsible for causing damage to third parties due to the products bearing the SELLER's brand and offered for sale in a way that would violate the SELLER's industrial rights in both the Intellectual and Artistic Works Law and the Industrial Property Law.
 

4.12. If the product(s) subject to the contract will be delivered to a person/organization other than the ORDER/BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. In this case, all responsibility belongs to the ORDERER/BUYER.
 

4.13. SELLER is responsible for delivering the product(s) subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
 

4.14. Provided that it is based on a justified reason, the SELLER may supply a different product of equal quality and price to the BUYER by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.
 

4.15. If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, it will notify the BUYER in writing or via a permanent data recorder within three days from the date of learning of this situation and will make all payments collected, including delivery costs, if any, as of the date of notification. It shall be returned to the bank/credit card whose information was provided electronically by the BUYER during the purchase process, within 14 days at the latest.
 

4.16. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product 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 has 3 days' notice, provided that the product has been delivered to him. It must be sent to the SELLER within . In this case, shipping costs belong to the BUYER.
 

4.17. If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of his rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be paid in cash and in lump sum within 10 days.
 

4.18. Persons under the age of 18 cannot shop from the SELLER website, even if products intended for children are offered for sale.
 

4.19. The prices of the products are shown on the site in Turkish Lira with value added tax added. BUYER can shop from the website by credit card, money order or EFT. Orders placed by credit card cannot be processed as soon as they are placed, and it is possible to process such orders as soon as it is determined by the SELLER officials that the amount to be paid by the BUYER in accordance with this agreement is blocked from the credit card or that the money transfer - EFT fee in this amount has reached the seller's account. In case of payment by money order or EFT, orders are canceled if the BUYER's payments are not received in the SELLER's account within two days.
 

4.20. A report must be kept with the cargo officer regarding the products determined to be damaged during delivery. If there is a defect in the products sold with a warranty certificate, the products can be sent to authorized services for inspection.
 

4.21. The SELLER is not responsible for any deductions made by banks under the name of transfer fees or other names during payments. In this context, the BUYER accepts that he will confirm information such as interest rate, transfer fee, default interest provisions in forward purchases with his Bank and that the said provisions will be determined according to the principles of the contract between him and his Bank.
 

4.22. In case of a credit card refund request, it is not possible to give a cash refund to the BUYER. The SELLER's obligation consists of paying the amount purchased with the card to the bank. Credit card refunds are made within the framework of the Banks' existing refund procedures and within the agreements made by the SELLER with the Banks. In this context, in installment shopping refunds, the BUYER already accepts that he knows that the Bank can pay him in installments, regardless of the number of installments in which he purchased the product, and that he consents to this. Even if the SELLER gives a one-time refund order to the bank, the refund can be transferred to the credit cards by the Bank as an installment refund to the card every month. BUYER undertakes to have read and accepted this article.
 

4.23. This contract becomes valid after it is approved electronically by the ORDERER and delivered to the SELLER.
 

4.24. Cooperation can be made between the SELLER and third parties in the design and sale of the products subject to this contract. Within the framework of this cooperation, after the sale of the products, an e-certificate can be sent to the BUYER by the collaborating companies; BUYER accepts this issue.
 

ARTICLE 5: RIGHT OF WITHDRAWAL
 

Consumer; In distance contracts for the sale of goods, the customer has the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. In order to exercise the right of withdrawal, a notification must be made within 14 days by registered mail, fax, telephone or e-mail to the address of the SELLER stated above. In case the right of withdrawal is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product/products delivered to the ORDER/BUYER were sent to the SELLER and the original invoice to the SELLER. Within 14 days from the date on which the notification that the BUYER exercises his right of withdrawal reaches the SELLER, all payments collected from the BUYER will be refunded without imposing any additional costs on the BUYER. If the right of withdrawal is exercised within 14 days, the product(s) will be returned to the SELLER by cargo by the ORDERER/BUYER, and in this case the shipping fee belongs to the SELLER. Unless the SELLER makes an offer that he/she will take back the goods, the BUYER will return the goods to be returned, complete and undamaged, to the SELLER via Yurtiçi Kargo company within 10 (ten) days from the exercise of the right of withdrawal. If the Yurtiçi Kargo company specified in the preliminary information for the return does not have a branch in the BUYER's location, the SELLER will ensure that the goods to be returned are collected from the BUYER without demanding any additional costs.
 

BUYER accepts, declares and undertakes that he/she is aware that he cannot exercise his right of withdrawal in the cases specified in Article 15 of the Distance Contracts Regulation and listed below:
 

1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider

2. Contracts regarding goods prepared in line with the consumer's wishes or personal needs

3. Contracts for the delivery of goods that are perishable or may expire

 

1.  Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene

2. Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature

3. Contracts regarding books, digital content and computer consumables presented in tangible form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

4. Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement

5. Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes, which must be made on a certain date or period.

6.  Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer

7. Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.

8. Agreements stating that the buyer cannot exercise his right of withdrawal after the products are purchased and used, and performed in activities such as photography, birthday parties and electronically.

 

ARTICLE 6: OTHER PROVISIONS
 

6.1. BUYER, www.puffincycle.com He declares that he has read and informed the basic characteristics of the product subject to the contract on the website, the preliminary information regarding the sales price and payment method and delivery, and the distance sales contract, and that he has given the necessary confirmation electronically. BUYER; By confirming this Preliminary Information and the Distance Sales Agreement electronically, the SELLER confirms that it has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely.
 

6.2. For the delivery of the product, this Distance Selling Agreement must be confirmed electronically. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product.
 

6.3.Complaints regarding the goods/services subject to the contract can be made through the Seller's contact information specified in the introduction of the Contract.
 

ARTICLE 7: DEFAULT OF THE DEBTOR
 

In case of default by the BUYER, the BUYER agrees to pay the SELLER's losses and damages arising from the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER will not be obliged to meet any claims for loss or damage.
 

ARTICLE 8: COMPETENT COURT

Consumer; They can make their complaints and objections to the consumer issues arbitration committee or consumer court in the place where the consumer purchases the goods or services or where the consumer resides, within the monetary limits determined by the Ministry of Commerce in December every year.

If this contract is approved, the ORDERER/BUYER is deemed to have accepted all the conditions of this contract.
 

ARTICLE 9: FINAL PROVISIONS
 

9.1. BUYER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
 

9.2. THE PARTIES AGREE THAT THERE IS NO PROPORTION BETWEEN THE ACTIONS DECIDED BY THE CONTRACT AND THAT THE MUTUAL ACTIONS ARE APPROPRIATE WITH THE NATURE OF THE BUSINESS AND THEY HAVE NO EXPERIENCE WITHIN THE SCOPE OF THE TRANSACTIONS SUBJECT TO THE CONTRACT.
 

9.3. THE BUYER ACKNOWLEDGES THAT HE HAS REACHED A COMPLETE CONVICTION THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE IN HIS BENEFIT AND THAT HE WILL COMPLY WITH ALL TERMS OF HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, THINKING, WILLINGLY AND KNOWINGLY.
 

9.4. THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT MAY BE DEEMED UNFAIR, AND THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
 

9.5. THE TERMS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR CONDITIONS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR CONDITIONS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE THE RULE OF HONESTY AND GOODNESS AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON CONSUMER PROTECTION.
 

9.6. THE PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH OBLIGATIONS LAW. THE BINDING AND CONTENT AUDIT PROVIDED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN (SURPRISING CONDITIONS) TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.

 

Seller: PUFFIN  CYCLE DESIGN
Buyer :
Date: …./…./202..