Distance Sales Contract
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1 BUYER
Name/Surname/Title:
Address:
1.2. SELLER
Company Name: PERITUS SHELF SOLUTIONS AND HARDWARE SYSTEMS INC.
Address: Akçaburgaz Mah. Ahmet Yesevi Cad. No:15 Esenyurt – Istanbul
Phone: +90 212 886 61 72
Fax: +90212 886 66 21
Website Address: www.gorillaracking.com
Email: info@gorillaracking.com
ARTICLE 2 - SUBJECT
The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the Buyer from the Seller's website www.gorillaracking.com , and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
ARTICLE 3 - SUBJECT OF THE AGREEMENT, PRICE AND DELIVERY COSTS
The sales price of the goods or services subject to this contract, including all taxes, is shown in the table below.
Shopping Cart Information:
(ENTER PRODUCT INFORMATION IN THE TABLE ABOVE)
ALL TAXES ARE INCLUDED IN THIS AMOUNT.
Address Information:
Billing Address:
Delivery Address:
If the BUYER confirms the order, the order places an obligation on the BUYER to make the payment.
Payment for your order totaling XXX TL is expected via credit card or bank transfer/EFT. Any bank transfer/EFT fees or other additional costs that the consumer may incur due to the consumer's contract with the bank or relevant legislation will be subject to the terms and conditions of the bank from which the consumer receives services.
ARTICLE 4 - GENERAL PROVISIONS
4.1 - The BUYER acknowledges and declares that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, delivery and the right of withdrawal, on the website www.gorillaracking.com belonging to the SELLER, and that they have provided the necessary confirmation electronically.
4.2 - By confirming this agreement electronically, the BUYER confirms that, prior to the conclusion of distance contracts, they have received accurate and complete information from the SELLER regarding the address, essential characteristics of the ordered products, the price of the products including taxes, payment and delivery information, and information regarding the right of withdrawal.
4.3 - The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated by the BUYER via a courier company, depending on the distance of the BUYER's place of residence for each product, provided that the legal period of 30 days from the order date is not exceeded. This period may be extended by a maximum of 10 days, provided that the BUYER is notified in writing or via the email address provided.
4.4 - Product delivery will not be made to anyone other than the person/entity authorized to receive the delivery as specified in this agreement. Authorized recipients are required to present identification during delivery. Delivery will be refused if they fail to present identification. If the product is to be delivered to a person/persons other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
4.5 - The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, where required by law, together with warranty documents and user manuals.
4.6 - Delivery of the product subject to this contract is conditional upon the product price being paid by the BUYER using their preferred payment method, i.e., upon the product price reaching the SELLER's accounts. If, for any reason, the product price is not paid, does not reach the SELLER's accounts, or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.7 - If, after delivery of the product, the buyer's credit or debit card is used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 days, provided that the product has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.
4.8 - If the SELLER is unable to deliver the goods or services subject to the order due to force majeure or extraordinary circumstances such as adverse weather conditions hindering transportation, disruption of transport, fire, earthquake, or flood, or if it is determined for a justifiable reason that the product cannot be supplied, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in the same manner. In cases where the BUYER made the payment by credit card, bank transfer, or EFT, the product amount will be refunded to the relevant bank (in cases where the payment was made by credit card) or to the account number provided by the BUYER (in cases where the payment was made by bank transfer or EFT) within a maximum of 10 (ten) days after the order is canceled by the BUYER. Since the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank. In the case of payments made by bank transfer or EFT, at the BUYER's request, the payment amount may be held in the SELLER's accounts for use in the BUYER's next purchase. Following a request that the BUYER may make at any time, the SELLER will return the amount held in its accounts to the bank account specified by the BUYER within 10 days.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days of delivery of the product to themselves or to the person/organization at the address they have indicated, without incurring any legal or criminal liability and without giving any reason. The right of withdrawal can be exercised by creating a return request for the order via www.gorillaracking.com or by fax or email within 14 days of delivery of the goods and communicating it to the SELLER.
The BUYER may also notify the SELLER of their cancellation in writing or via a durable data carrier (telephone, fax, e-mail).
The BUYER shall inspect the goods before taking delivery; they shall not accept damaged or defective goods from the shipping company, such as those that are dented, broken, or have torn packaging. Goods received shall be deemed undamaged and in good condition. The BUYER is obligated to carefully protect the goods after delivery. If the right of withdrawal is to be exercised, the goods must not have been used. If it is determined that the product has been used, the right of withdrawal cannot be exercised.
The right of withdrawal can only be exercised if the BUYER returns the purchased product in its original packaging, with all labels intact and complete with any accessories, without any damage. Otherwise, the right of withdrawal will not be accepted.
In cases where the right of withdrawal is applicable, the BUYER is responsible for any changes or damage that occur if the goods/product are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period. Accordingly, if any changes or damage occur due to the product not being used in accordance with the usage instructions, technical specifications, and operation during the period up to the withdrawal date, the BUYER may lose their right of withdrawal. If accepted by the SELLER, a deduction equal to the amount of the change and/or damage may be made from the refund amount.
If the right of withdrawal is exercised,
a. When handing over the product delivered to a third party or the BUYER to the courier for shipment to the SELLER, the original invoice must also be sent along with the product, with the return section completed (if the invoice for the product to be returned is issued in the name of an institution, the return invoice issued by the institution must also be sent along with the product).
b. The SELLER is obligated to return the total amount and all documents obligating the BUYER to any debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days. In the case of payments made via bank transfer or EFT, at the BUYER's request, the payment amount may be held in the SELLER's accounts for use in the BUYER's next purchase. Upon the BUYER's request at any time, the SELLER will return the amount held in its accounts to the bank account specified by the BUYER within 10 days.
Returns must be sent via our contracted courier services to the following address.
PERITUS SHELF SOLUTIONS AND HARDWARE SYSTEMS INC., Akçaburgaz Mah. Ahmet Yesevi Cad. No:15 Esenyurt – Istanbul
Refunds will be processed using the same payment method used during the order. If a credit card was used, refunds will be credited to the BUYER's credit card account. Bank regulations apply to credit card refunds. Payments made via bank transfer (EFT) will be refunded to the bank account specified by the BUYER. For payments made via bank transfer (EFT), at the BUYER's request, the payment amount may be held in the SELLER's accounts for use in the BUYER's next purchase. Upon the BUYER's request at any time, the SELLER will refund the amount held in their accounts to the BUYER's designated bank account within 10 days.
The BUYER will lose their right to withdraw from the contract if they do not exercise this right within 14 days of delivery of the product to themselves or to the person/entity at the address they have indicated.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The BUYER cannot exercise the right of withdrawal for goods produced according to the BUYER's specific requests and demands, or goods that have been modified or customized to the BUYER's specifications. Furthermore, the BUYER cannot exercise the right of withdrawal for goods that, by their nature, cannot be returned, or goods that are likely to spoil quickly or expire. The BUYER also cannot benefit from the right of withdrawal in the exceptional cases specified in Article 15 of the Regulation on Distance Contracts (e.g., products whose return is not suitable for health and hygiene reasons).
ARTICLE 7 - DEFAULT BY THE BUYER
In the event of the BUYER's default, the BUYER agrees to indemnify the SELLER for all damages and losses incurred due to the delayed performance of the debt. If the BUYER's default is due to the SELLER's fault, the BUYER shall not be obligated to compensate the SELLER for any damages or losses.
ARTICLE 8 - COMPETENT COURT
In the implementation of this agreement, the BUYER may submit complaints and objections to the Consumer Arbitration Board or Consumer Court in the place where the BUYER purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Turkish Ministry of Customs and Trade.
By confirming the order, the BUYER is deemed to have accepted all the terms and conditions of this agreement.
SALES PERSON:
BUYER:
HISTORY: