E-COMMERCE DISTANCE SALE AGREEMENT
Article 1—Parties
1.1. Seller
Name: ACT Industrial Materials Trading Ltd. Co.
Address: Fatih Mah., Yakacık St., Hikmet St., No. 3/B, Sancaktepe, Istanbul, Turkey
Phone: +90216 529 00 55
Tax ID No.: 00 505 44 768
Email: info@actkaynak.com
1.2. BUYER
First Name – Last Name:
Turkish ID No.:
Address:
Phone:
Email:
Article 2 – Subject Matter
The subject matter of this agreement is the sale and delivery of the product described below, for which the BUYER placed an order electronically via the SELLER’s website www.actkaynak.com, as described below in terms of its specifications and sales price, and in accordance with the provisions of the Turkish Commercial Code, the Code of Obligations, the Law No. 6502 on the Protection of Consumers, and the Regulation on Distance Contracts, to define the rights and obligations of the parties.
The BUYER acknowledges that the seller has provided clear, understandable, and internet-appropriate information regarding all preliminary details related to the goods subject to sale—including the seller’s name, business name, physical address, phone number, and other contact information; the basic characteristics of the goods; the sales price (including taxes); the payment method; delivery terms and costs; and other relevant details—as well as information regarding the “right of withdrawal” and how to exercise it, as well as the official authorities to which they may submit complaints and objections, etc., in a clear, understandable, and internet-appropriate manner by the seller; that they have confirmed this preliminary information electronically; and that they subsequently placed an order for the goods—the BUYER hereby acknowledges and declares this in accordance with the provisions of this contract.
The preliminary information provided on the www.actkaynak.com website and the invoice issued based on the order placed by the BUYER constitute integral parts of this contract.
Article 3 – Product, Payment, and Delivery Information
The type and category of the product(s) purchased electronically, the quantity, brand/model, sales price, payment method, recipient, delivery address, invoice details, and shipping fee are as specified below. The person to be invoiced must be the same as the person entering into the contract. The information provided below must be accurate and complete. The BUYER agrees to fully compensate for any damages arising from inaccurate or incomplete information and further accepts all liability that may result from such circumstances. The SELLER reserves the right to cancel the order if, in cases deemed necessary, the information provided by the BUYER does not match the facts. If the SELLER identifies an issue with the order and is unable to contact the BUYER via the phone number, email address, or mailing address provided, the SELLER has the right to suspend the order for a period of 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding this matter during this period. If no response is received from the BUYER within this timeframe, the SELLER will cancel the order to prevent harm to both parties. Product(s) Received
Name: … units
Total Sales Price: …. –TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone Number:
Delivery Address:
Billing Name/Entity:
Billing Address:
Tax Office:
Tax ID Number:
Shipping Fee: … -TL/USD
Article 4—Contract Date and Force Majeure
The contract date is ../../…., which is the date the BUYER placed the order.
Circumstances that did not exist or could not have been foreseen at the time the contract was signed, that develop beyond the control of the parties, and whose occurrence renders it impossible for one or both parties to fulfill, in whole or in part, or to fulfill in a timely manner, the obligations and liabilities they have assumed under the contract, shall be deemed force majeure (natural disasters, war, terrorism, insurrection, changes in statutory provisions, expropriation, or strikes, lockouts, significant malfunctions in production and communication facilities, etc.). The party affected by force majeure shall immediately notify the other party of the situation both verbally and in writing. The parties shall not be held liable for their failure to perform their obligations during the continuation of the force majeure event. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate the agreement unilaterally.
Article 5 – Seller’s Rights and Obligations
5.1. The Seller agrees and undertakes to fully perform the obligations imposed upon it under this contract, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) may not make purchases from www.actkaynak.com. By making a purchase on the website, the BUYER warrants that they are at least 18 years of age. The Seller shall not be held liable in any way for actions taken by a user under the age of 18 who has created an account on www.actkaynak.com.
5.3. www.actkaynak.com is not liable for pricing errors resulting from system errors. Accordingly, the Seller is not liable for promotional or pricing errors that may arise due to interventions in the website’s system, design, or through illegal means. The Buyer may not make any claims against the Seller based on system errors.
5.4. Purchases can be made on www.actkaynak.com using a credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which payment is not received within 1 business day from the order date will be canceled. The time at which orders are processed is not the moment the order is placed, but rather the moment the required payment is debited from the credit card account or the bank transfer (EFT) is confirmed as received in the bank accounts.
5.5 The technical specifications of the products ordered by the BUYER are primarily set forth in the manufacturer’s technical documentation; www.actkaynak.com is not liable for any errors or inaccuracies in the data provided by the manufacturer. Technical or visual information published on the www.actkaynak.com website is provided solely for the convenience of customers; the suitability of the published data is entirely at the BUYER’s discretion. The Seller’s preliminary information does not constitute a warranty.
5.6 Due to the nature of the web environment, there may be differences in color, size, and text between the product shown in the image and the product delivered. The primary criteria are the manufacturer’s technical specifications for the product.
5.7 Technical specifications are updated by manufacturers at specific intervals. Although www.actkaynak.com closely monitors these updates and uploads them to the site, it cannot guarantee 100% compatibility with the products in its inventory.
5.8 If www.actkaynak.com provides a direct link to a website, all responsibility regarding the content and use of the provided link lies with the user; www.actkaynak.com bears no responsibility whatsoever for the use or content of the link.
5.9 All technical data and images on the www.actkaynak.com website may not be used by the user for any reason or for commercial purposes.
5.10 Orders placed on www.actkaynak.com outside of business hours, on weekends, on public holidays, or on dates when the company as a whole or a specific part of it is on administrative leave will be processed on the first business day following the transfer of payment to the relevant accounts.
5.11 The website features a messaging module. This module was developed to enable ACT Industrial Materials TIC. LTD. STI. to provide faster and more efficient service to its customers. By using this module, you agree and undertake to share information regarding your traffic on the website, as well as details such as the device, browser, location, etc., used to access the website, with ACT Industrial Materials Trading Ltd. Co.
5.12 The technical data on www.actkaynak.com is compiled by ACT Industrial Materials Trading Ltd. Co. to enable users to more easily gather information about the products they are searching for. However, ACT Industrial Materials TIC. LTD. ŞTİ. cannot provide a 100% guarantee that this technical data refers to the products in question. Responsibility for the use of this technical data lies solely with the user.
5.13 ACT Industrial Materials TIC. LTD. ŞTİ. reserves the right to cancel or modify any campaigns or promotions offered to users through its websites without prior notice.
A shipping fee is charged for all orders under 5,200 TL.
5.15 The SELLER may supply a different product of equal quality and price by notifying the BUYER and obtaining the BUYER’s explicit consent before the performance obligation arising from the contract expires.
5.16 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the product or service subject to the order, the SELLER hereby acknowledges, declares, and undertakes to within 3 days of becoming aware of it, and to refund the total amount to the BUYER within 14 days.
Article 6 – Rights and Obligations of the BUYER
6.1. The BUYER agrees and undertakes to fully perform the obligations imposed upon them under this contract, except in cases of force majeure.
6.2. By placing an order, the BUYER acknowledges that they are deemed to have accepted the terms of this contract and agrees and undertakes to make payment in accordance with the payment method specified in the contract.
6.3. The BUYER acknowledges that the www.actkaynak.comi website provides all preliminary information regarding the Seller’s name, business title, physical address, phone number, and other contact details; the basic characteristics of the goods being sold; the sales price, including taxes; the payment method; delivery terms and costs; etc. all preliminary information regarding the goods subject to sale, as well as information regarding the exercise of the “right of withdrawal” and how to exercise this right, the official authorities to which complaints and objections may be submitted, etc., in a clear, understandable, and internet-appropriate manner, and acknowledges and declares that they have confirmed this preliminary information electronically.
6.4. In accordance with the preceding clause, the BUYER declares that they have read and are fully informed about the product order and payment terms, product usage instructions, precautions taken against potential situations, and warnings provided on www.actkaynak.com, which include product order and payment terms, product usage instructions, precautions taken against potential situations, and warnings provided, and that they have provided the necessary confirmation electronically.
6.5. The BUYER, in the event they wish to return the product they have received, agrees and undertakes not to damage the product or its packaging in any way, not to have torn or damaged the security seal, to ensure the product has not been used in any way, not to have exchanged it for another product, and to submit the original invoice and delivery note at the time of returnat the time of return.
6.6 Once a product intended for return due to any defect is delivered to our company via our contracted shipping carrier, the product is subjected to a technical inspection. If the return is accepted based on the compliance report issued following this inspection, the BUYER will be contacted to either arrange an exchange for another available product or receive a refund. These processes take a total of 3 to 15 days.
Article 7 – Order/Payment Procedure
Order: After the BUYER confirms the total amount in Turkish Lira (TL), including VAT, for the products added to the shopping cart (or the total installment amounts for installment transactions), the transaction is processed through the relevant bank card’s POS terminal. For this reason, an order confirmation email or message is sent to the customer before the order is shipped.
Any disruptions in the process or issues that may arise regarding the credit card are communicated to the BUYER via one or more of the phone, fax, or email channels specified in the contract. If necessary, the BUYER may be asked to contact their bank. The time at which orders are processed is not the moment the order is placed, but rather the moment the required payment is debited from the credit card account or it is confirmed that the wire transfer (EFT) has reached the seller’s accounts.
In exceptional cases where it becomes apparent that the goods subject to the contract cannot be supplied for a valid reason and/or a stock issue arises, the BUYER must be immediately informed in a clear and understandable manner via phone, text, or email, and upon the BUYER’s approval, the seller may either ship another item of equal quality and equivalent value at the same price, or, in accordance with the BUYER’s preference and selection, ship a new, different product at the current price, or the Buyer may wait for the product to become available in stock or for any other obstacle preventing delivery to be resolved, and/or the order may be canceled by either the Buyer or the Seller.
In cases where fulfillment of the obligation to deliver the goods subject to the contract becomes impossible, the BUYER shall be notified of this situation, and the total amount paid, along with any documents that may place the BUYER under a debt obligation, shall be refunded to the BUYER within ten days at the latest, thereby canceling the contract. In such a case, the BUYER shall not make any additional claims for material or moral damages against the seller.
Payment:
On www.kaynakmakinem.com, buyers who do not wish to provide credit card information online may place orders via bank transfer. When paying by bank transfer, the BUYER may select the bank most convenient for them and make the transfer. If an EFT is used, the date the funds are credited to the account will be taken into consideration. When making a bank transfer and/or EFT, the “Sender Information” must match the Billing Information; the transfer order number must be included in the transfer description field at the bank; and the transfer amount must exactly match the “amount due.”
If, after delivery of the product, the bank or financial institution fails to pay the product price to the Seller due to unauthorized, unjust, or unlawful use of the BUYER’s credit card by third parties—not attributable to the BUYER’s fault— the BUYER must return the product—which was delivered to the BUYER or a person designated by the BUYER—to the Seller within 10 days. In such cases, shipping costs shall be borne by the BUYER.
If the BUYER has chosen to pay by credit card, the BUYER hereby acknowledges that they will separately confirm the applicable interest rates and information regarding default interest with their bank, and hereby acknowledges, declares, and undertakes that the provisions regarding interest and late payment interest shall be applied in accordance with the “Credit Card Agreement” between the Bank and the BUYER, as required by the provisions of applicable laws.
Article 8—Shipping/Delivery Procedure
Shipping:
The products will be shipped via the Seller’s contracted shipping company or via the shipping company contracted by ACT Endüstriyel.
Delivery:
The product(s) will be delivered to the BUYER’s address via the shipping carrier contracted by the Seller.
The BUYER acknowledges that ACT Industrial reserves the right to cancel the sale without providing any reason, based on the delivery location. Products are shipped to areas where shipping companies do not provide door-to-door delivery via phone notification.
In areas where the shipping company makes deliveries only once a week, delays may occur beyond the specified timeframe due to errors or omissions in shipping information, as well as certain social events or natural disasters. The BUYER may not hold the seller liable for such delays. If the product is to be delivered to a person or entity other than the BUYER, the BUYER shall be responsible—and the seller shall not be liable—for any additional shipping charges or delays resulting from the recipient’s refusal to accept the delivery, errors in the shipping information, and/or the BUYER’s absence at the delivery location. If the product(s) have not reached the customer within the specified timeframe, delivery issues must be reported immediately to customer service via the email address info@ozdisan.com.
In the event of a damaged package: Damaged packages must not be accepted, and a report must be filed with the shipping company representative. If the shipping company representative believes the package is not damaged, the BUYER has the right to have the package opened on the spot to verify that the products were delivered undamaged and to request that the situation be documented in another report. Once the package has been accepted by the RECIPIENT, it is deemed that the shipping company has fully fulfilled its obligations. If the package has not been accepted and a report has been filed, the situation must be reported to the seller’s Customer Service as soon as possible, along with the copy of the report retained by the RECIPIENT.
Article 9 – Procedure Regarding the Right of Withdrawal and Product Returns
For products purchased through www.actkaynak.com, the rights of withdrawal or return apply under the following conditions.
9.1. Under the provisions of the Consumer Protection Law No. 6502, the BUYER, in the event that the distance contract pertains to the sale of goods, may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person or entity at the address indicated by the BUYER, provided that the BUYER notifies the SELLER via email, the BUYER may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification. In distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer’s consent before the expiration of the withdrawal period. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER hereby acknowledges in advance that they have been informed regarding the right of withdrawal.
- a) The invoice for the product delivered to the individual or the BUYER (If the invoice for the product to be returned is issued to a business, it must be sent along with a return invoice issued by the business when returning the product. Returns for orders with invoices issued in the name of a company cannot be processed unless a RETURN INVOICE is issued.)
- b) The return form,
- c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and any standard accessories, if applicable.
- d) The SELLER is obligated to refund the total amount and any documents that place the BUYER under a debt obligation to the BUYER within 14 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.
- e) If the value of the goods decreases due to a reason attributable to the BUYER’s fault, or if the return becomes impossible, the BUYER is obligated to compensate the SELLER for damages in proportion to the BUYER’s fault. However, the BUYER is not liable for any changes or deterioration in the goods or products resulting from their proper use during the right of withdrawal period.
- f) If exercising the right of withdrawal causes the total amount to fall below the campaign threshold set by the SELLER, the discount amount received under the campaign will be canceled.
- g) If damage to a product received by the Buyer is detected within 24 hours of delivery, it must be reported via email to resimlenerekinfo@actkaynak.coma.
- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared at the BUYER’s request or specifically tailored to their personal needs and not suitable for return, such as underwear bottoms, gloves, swimsuit bottoms, and bikinis, as well as makeup products, single-use products, goods at risk of rapid spoilage or with an expired shelf life, chemical-based products that must be used once opened, and products that cannot be repackaged and resold, products that are unsuitable for return from a health and hygiene perspective if the packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables—cannot be returned pursuant to the Regulation if their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s consent before the withdrawal period has expired.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery supplies (toner, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused to be eligible for return.
If the above conditions are met, the product(s) to be returned will be inspected by ACT Industrial Materials Trading Ltd. and, if necessary, by the product manufacturers to determine whether they are eligible for return. This process takes 1–15 days. If the products are deemed eligible for return, the purchase price will be refunded to the BUYER via the same payment method used for the purchase. This refund process takes a maximum of 14 days. ACT Industrial Materials Trading Ltd. is not responsible for any delays in credit card refunds caused by the bank.
Article 10—Warranty
www.kaynakmakinem.com will assist the BUYER in initiating the warranty process within a period determined by the manufacturer, provided that the products purchased from its manufacturers are covered by transferable manufacturer warranties. In this regard, the BUYER must deliver the defective or faulty product they wish to return to the seller. If it is determined that a counterfeit, imitation, or non-genuine product is being returned in place of the original, the seller is free to take the actions required by applicable laws. At this point, all responsibility lies with the BUYER. www.kaynakmakinem.comun does not offer a concrete or positive warranty for products it supplies other than those from manufacturers. In this case, the warranty is entirely at the seller’s discretion. www.actkaynak.com is not liable for any claims arising under these conditions. The seller’s warranty liability
applies only to consumers covered by Law No. 6502.
For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 11 – Confidentiality
The information provided by the BUYER in this contract, as well as any information disclosed to the seller for the purpose of making a payment, shall not be shared with third parties by the seller.
The seller may disclose this information only in cases where there is an administrative or legal obligation to do so. In the context of any judicial investigation conducted by an authorized investigative body, the Seller may provide the requested information to the relevant authority if it is in the Seller’s possession. Credit card information is never stored. Credit card information is used solely to securely transmit the data to the relevant banks during the payment process to obtain authorization and is deleted from the system after authorization is granted.
Information such as the BUYER’s email address, mailing address, and phone number is used by the seller solely for standard product delivery and notification procedures. From time to time, campaign information, details about new products, and promotional information may be sent to the BUYER following their consent. In cases where the BUYER’s violation of the site’s security or
the user’s violation of the Terms of Use that constitutes a criminal offense, information necessary for the identification and prosecution of the relevant individual will be shared with law enforcement authorities.
Article 12—Website Security
www.actkaynak.com uses RapidSSL TLS version 1.0, one of the most advanced encryption systems. This is an encryption protocol that ensures secure communication over computer networks. To actively use this protocol on your computer, you need a secure browser that supports it. If you access the site using a secure browser, you will be transmitting your information to us via the most secure method. However, it should not be forgotten that no data on the internet is 100% secure. The risk associated with your personal information rests with you at this point.
Article 13—Site Access, Protection of Account Information
To make purchases on www.kaynakmakinem.comdan, the BUYER must create a username and password. This username and password are determined solely by the person making the purchase and are specific to that individual. The username and password must be correct and complete. The username and password, taken together, shall be considered the BUYER’s identity, and the security and confidentiality of this identity are entirely the BUYER’s responsibility. The BUYER shall be fully responsible for any and all activities carried out on the site by any other person or entity using the BUYER’s identity information. Therefore, if the BUYER becomes aware that anyone other than themselves has logged into the site using the BUYER’s identity, the BUYER must send an email to info@kaynakmakinem.com to report this situation. www.actkaynak.comreserves the right to monitor identity information and, at its sole discretion, request its modification or deletion. The BUYER acknowledges that no data is 100% secure on the Internet. Although www.actkaynak.com uses the most advanced security systems, the BUYER acknowledges and accepts that there are risks associated with the misuse of information by malicious third parties and that ACT Endüstriyel bears no liability in this regard.
Article 14 – Competent Courts and Enforcement Offices in the Event of a Dispute
In the event of a dispute arising from the implementation of this agreement, the Consumer Arbitration Boards—up to the value announced annually in December by the Ministry of Industry and Trade—and the Consumer Courts in the place of residence of the BUYER or the Seller shall have jurisdiction. For commercial transactions not covered by Law No. 6502 on the Protection of Consumers, the Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction and be responsible.
In disputes arising from the contract, complaints and objections shall be filed with the consumer dispute arbitration board or the consumer court located in the consumer’s place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:
Effective as of May 28, 2014:
- a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes with a value of less than 2,000.00 (two thousand) TL shall be submitted to district consumer arbitration committees;
- b) Disputes with a value of less than 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration committees;
- c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.
Upon completion of the order, the BUYER shall be deemed to have accepted all terms of this Agreement. …/…/…
Seller
BUYER
ACT Industrial Materials Trading Ltd. Co.
