DISTANCE SALES AGREEMENT

Article 1 – Parties to the Agreement:

1.1. Seller

BBK TEKSTİL İNŞAAT ELEKTRİK TESİSAT MÜZİK ALETLERİ VE MALZEMELERİ SANAYİ TİCARET LİMİTED ŞİRKETİ

Address: FATİH MAH. 1188 SK. NO: 12 D İÇ KAPI NO: D GAZİEMİR/İZMİR

Website: bbkmuzik.com

E-mail:   

Phone Number:   0 532 682 66 07

1.2. Buyer

Final Consumer (CUSTOMER)

Article 2 – Subject of the Agreement:

2.1 . The Buyer hereby accepts and declares, in accordance with the provisions of this agreement, that they have been informed about all preliminary information regarding the essential characteristics, sales price, payment method, delivery conditions, etc. of the goods/services subject to sale, as well as their right of withdrawal; that they have confirmed these preliminary details electronically; and that they then placed an order for the goods/services.

In addition, the person in whose name the invoice for the product is issued is also a party to this agreement. They are obliged to provide complete, accurate and correct information. The Buyer shall be deemed to have accepted in advance any loss and responsibility that may arise as a result of providing incomplete or incorrect information.

2.2 . The preliminary information provided on the payment page of the bbkmuzik.com website and the invoice constitute integral parts of this agreement.

Article 3 – Date of the Agreement and Force Majeure:

3.1. This agreement, which has previously been signed by the Seller in two copies, shall be deemed accepted and signed by the Buyer on ............., and one copy shall be sent to the Buyer’s e-mail address by e-mail.

Circumstances that do not exist or cannot be foreseen at the date of signing of the agreement, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their debts and obligations under this agreement or to do so on time, shall be considered force majeure. The party in whose person the force majeure occurs shall immediately notify the other party of the situation in writing.

3.2. The definition of force majeure shall include, but not be limited to: natural disasters, war, terrorism, insurrection, changes in legislative provisions, seizure or expropriation, strike, lockout, and substantial malfunctions in production and communication facilities, etc.

The parties shall not be liable for failure to perform their obligations during the continuation of the force majeure. If this force majeure situation continues for a period of 30 (thirty) days, each of the parties shall have the right to terminate the agreement unilaterally.

Article 4 – Delivery Costs and Performance:

4.1. Delivery costs belong to the Buyer. If the Seller has declared on the website that the delivery fee of purchases above a certain amount shall be covered by the Seller, then the delivery cost shall belong to the Seller.

4.2. Delivery shall be made in the shortest possible time, provided the product is in stock and the price of the goods has been transferred to the Seller’s account. The Seller shall deliver the goods/services within 30 (thirty) days from the order and reserves the right to extend this period by an additional 10 (ten) days upon written notification. If, for any reason, the price of the goods/services is not paid or is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the goods/services.

Article 5 – Rights and Obligations of the Seller:

5.1. The Seller is responsible for delivering the goods/services subject to the agreement in sound condition, complete, in conformity with the specifications stated in the order, and together with any warranty certificates and user manuals, if any.

If the goods/services subject to the agreement are to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the person/entity to be delivered refuses to accept the delivery.

Following receipt of the withdrawal notice by the Seller, the Seller shall accept the return of the goods/services within fourteen (14) days and, within 10 (ten) days after receiving the returned goods/services, shall refund the price of the goods/services and, if any, valuable documents. For justified reasons, the Seller may provide the Buyer with goods of equal quality and price before the performance period in the agreement expires.

5.2 . If the Seller considers that performance of the goods/services has become impossible, the Seller shall notify the Buyer before the performance period expires. The amount paid and, if any, documents shall be refunded within 10 (ten) days. Defective or faulty goods/services, whether sold with or without a warranty certificate, may be sent to the Seller for necessary repair under the warranty terms; in such case, delivery costs shall be borne by the Buyer.

5.3. The Buyer cannot be under 18 years of age. If underage, the Seller shall rely on the age declared by the Buyer in the agreement and shall not be held responsible for incorrect age information given by the Buyer.

If the Buyer fails to make the payment within 3 (three) days from the order date, the Seller may unilaterally terminate the sale.

Article 6 – Rights and Obligations of the Buyer:

6.1 The Buyer accepts and undertakes to fulfill the acts imposed on them by the agreement in full, except in cases of force majeure. The Buyer also accepts and undertakes that, by placing an order, they are deemed to have accepted all provisions of this agreement.

6.2. Before accepting the goods/services subject to the agreement, the Buyer shall inspect them and shall not accept damaged or defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. Goods/services received shall be deemed to be undamaged and sound. After delivery, the responsibility for safe keeping of the goods/services belongs to the Buyer. The invoice attached on the cargo package must be kept for returns.

6.3 If, after delivery of the goods/services, the price of the goods/services is not paid to the Seller by the relevant bank or financial institution due to unauthorized or unlawful use of the Buyer’s credit card by third parties in a way not arising from the fault of the Buyer, the Buyer is obliged to send the goods/services back to the Seller within 3 (three) days, provided they have already been delivered to the Buyer. In such case, delivery costs shall be borne by the Buyer.

6.4. The Buyer declares that they have read and are informed about all preliminary information on the bbkmuzik.com website regarding the Seller and the goods/services, and about the use of the “Right of Withdrawal” and how to exercise this right, the product order and payment conditions, product usage instructions, measures taken and warnings made for possible situations, and order, payment and usage procedures on the bbkmuzik.com website; and that they are informed clearly, understandably and in a manner appropriate to the internet environment about the official authorities to which they can forward complaints and objections, and that they have confirmed this preliminary information electronically.

Article 7 – Characteristics of the Goods/Services Subject to the Agreement:

7.1 The type, kind, quantity, brand, model, color and sales price including all taxes of the goods/services are as stated on the product introduction page of the goods/services on the bbkmuzik.com website and in the invoice, which is deemed an integral part of this agreement.

Article 8 – Cash/Instalment Price of the Goods/Services:

8.1. The cash/instalment price of the goods/services is as stated in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.

Article 9 – Order, Payment, Shipment:

9.1. If the Buyer makes a purchase by credit card and in instalments, the instalment option and number of instalments selected on the site shall apply. In instalment transactions, the relevant provisions of the agreement between the Buyer and the card-issuing bank shall apply. The credit card payment date shall be determined according to the provisions of the agreement between the bank and the Buyer. The Buyer may also follow up the number of instalments and their payments from the account statement sent by the bank.

9.2 . In payments made by bank transfer/EFT, the date on which the amount is credited to the Seller’s account shall be taken as the basis. The order number must be clearly stated on the bank transfer/EFT form.

9.3. For payment of the products added to the cart by the Buyer, the transaction is carried out via the VIRTUAL POS of the bank selected by the Buyer. Before dispatching orders for which payment has been approved, the Seller sends an approval e-mail to the Buyer. After this approval e-mail is sent, the shipment process begins.

9.4. In the event of any disruption in the process or problems that may arise with the credit card, the Buyer shall be informed using one or more of the telephone/e-mail means specified in the agreement. 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 the moment when the required collection is made from the credit card account or when the transfer (EFT) reaches the Seller’s account.

9.5. In exceptional cases where it is understood, for a justified reason, that the goods/services subject to the agreement cannot be supplied and/or a stock problem arises, the Buyer shall be informed immediately and clearly; if the Buyer gives consent, another product of equal quality and price may be sent to the Buyer, or, in line with the Buyer’s preference and choice, a new product may be sent; the Buyer may wait for the product to be in stock or for the obstacle to delivery to be removed; and/or the order may be cancelled.

In cases where the obligation to deliver the goods/services subject to the agreement becomes impossible to fulfill, the Buyer shall be informed of this situation and the total amount paid, and any documents that place the Buyer under any kind of obligation, shall be returned to the Buyer within a maximum of 10 (ten) days, and the agreement shall be terminated. In such a case, the Buyer shall not have any additional pecuniary or non-pecuniary claims against the Seller.

Shipment:

9.6 . Following the sending of the order and payment approval e-mail, the product(s) shall be delivered by the Seller to the contracted cargo company. The Seller shall send the cargo tracking number and, if any, other shipping information to the Buyer via e-mail. The period for handing over to the cargo company is 7 (seven) working days from the date of the agreement. This period may be extended by a maximum of 5 (five) additional working days, provided that the Buyer is informed in writing or by telephone in advance.

9.7. In areas where the cargo company cannot deliver to the address (Mobile Areas), the Buyer shall be deemed to have accepted that delivery shall be made upon telephone notification and that they must receive the shipment from the cargo branch. The Seller cannot be held responsible for delays and disruptions caused by the cargo company. The Buyer must immediately inform the Seller of any delivery issues via the contact details specified in the agreement.

9.8. If the product is to be delivered to a person/entity other than the Buyer, the Seller is not responsible for the refusal of delivery by the person/entity to be delivered, any errors in the delivery information, and/or any additional cargo costs that may arise from the Buyer’s absence at the address.

9.9 . Damaged packages must not be accepted and a report must be drawn up with the cargo company representative. If the cargo company representative is of the opinion that the package is not damaged, the Buyer has the right to request that the package be opened there and that it be checked that the products have been delivered undamaged, and to request that the situation be established again in a report. Once the package is accepted by the Buyer, the cargo company shall be deemed to have fulfilled its duty completely. If the package is not accepted and a report is drawn up, the situation must be reported to the Seller’s Customer Service as soon as possible, together with the copy of the report remaining with the Buyer.

Article 10 – Product Return and Right of Withdrawal Procedure:

10.1. After receiving the goods, the Buyer has the right to withdraw from the agreement within 14 (fourteen) days without giving any reason and without paying any penalty, provided that they notify the Seller in advance. Pursuant to General Communiqué No. 385 of the Tax Procedure Law (VUK), in order for the return process to be carried out, the Buyer must return the original invoice belonging to the Seller, delivered together with the goods, along with the goods. In the event that the Buyer exercises the right of withdrawal, the Seller shall refund the total amount received and, if any, all documents that place the consumer under any obligation, to the consumer without imposing any costs, within 10 (ten) days at the latest from the date the invoice reaches the Seller together with the product. The period for the right of withdrawal begins on the day the goods are delivered to the Buyer. The cost of returning the product(s) shall be borne by the Buyer. In cases where the return cost must be covered by the Seller, the Buyer agrees to send the goods via the cargo company contracted by the Seller.

10.2 . If the Buyer wishes to return the product received, they accept and undertake not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.

10.3 . There is no right of withdrawal for goods prepared in line with the Buyer’s requests and/or explicitly in accordance with their personal needs.

10.4. The decrease in the value of the goods received or the existence of a reason making the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the consumer must compensate the Seller for the value or the decrease in value of the goods.

10.5 . In cases where any opening, deterioration, breakage, destruction, tearing, use or similar conditions are detected in the product and its packaging mistakenly purchased, and where the product cannot be returned in the same condition as when it was delivered to the Buyer, the product shall not be accepted as a return and its price shall not be refunded.

10.6 . The Buyer must notify the Seller in advance of their intention to exercise their right of withdrawal. The returned product reaching the Seller shall be accepted as a return if it meets the conditions specified in this agreement, and the refund shall be made to the Buyer’s credit card/account. The price shall not be refunded before the product is returned. The period for the refund to appear in the credit card accounts for refunds made to credit cards is at the discretion of the relevant bank. After the Seller pays the full product price to the bank, refunds relating to instalment purchases made via bank POS may be made in instalments to the Buyer’s credit card. This is at the discretion of the bank.

In the event of the return of goods and services purchased by card, the Seller cannot make a cash refund to the Buyer in accordance with the agreement with the Bank. Where there is a return transaction, the member workplace, i.e. the Seller, shall make the return via the relevant software, and since the member workplace, i.e. the Seller, is obliged to pay the relevant amount to the Bank in cash or by offset, cash payment cannot be made to the Buyer in accordance with the procedure detailed above. Refund to the credit card shall be made by the Bank following the Buyer’s one-time payment to the Bank, in accordance with the procedure stated above.

Article 11 – Product Warranty Conditions:

11.1 . The warranty period is as stated on the product page on the bbkmuzik.com website and is determined/applied by the supplier company.

Products used in accordance with the instructions for use and cleaned accordingly are guaranteed against all manufacturing defects within the specified conditions. The Seller’s warranty liability is valid only for consumers falling within the scope of Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.

Article 12 – Confidentiality Obligations:

12.1 . bbkmuzik.com shall under no circumstances share this agreement with any Third Parties/Institutions for any reason. Your personal information will never be given to any Third Parties/Institutions for statistical, commercial or similar purposes.

The Seller may disclose this information only within the framework of an administrative/legal obligation. In any judicial investigation where the authority to investigate is documented, the Seller may provide the requested information to the relevant authority if it has such information.

Article 13 – Competent Courts and Authorities:

13.1 . In disputes that may arise from this agreement, Consumer Arbitration Boards are competent up to the value announced by the Ministry of Industry and Trade, and Consumer Courts are competent for disputes above this value. In places where there is no Consumer Court, Civil Courts of First Instance are competent.

SELLER: BBK TEKSTİL İNŞAAT ELEKTRİK TESİSAT MÜZİK ALETLERİ VE MALZEMELERİ SANAYİ TİCARET LİMİTED ŞİRKETİ

BUYER:

Date: