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Distance Selling Agreement

 

1.    PARTIES

 

1.1    Provider Details

 

Title:     SensinO İnternet ve Bilişim Hizmetleri Pazarlama A.Ş. (“Provider”)

Address:     Ayazağa Mah. Mimar Sinan Sok. No.: 54/21F Seba Office Boulevard A Blok D:1 34396     SARIYER/ISTANBUL

Central registration no.:    0761054281700001

Phone:    0212 277 10 04

E-mail    :    iletisim@sensino.com

 

 

1.2    Buyer Details

 

First Name/Last Name/ Title :        (“Buyer”)

Address                     :                

Delivery Address      :       

Phone                   :        

E-mail                   :       

 

The Provider and the Buyer shall hereinafter be separately referred to as (“Party”), and jointly referred to as (“Parties”).

 

2.    SUBJECT OF THE AGREEMENT

 

The subject of this Distance Selling Agreement (“Agreement”) is to determine the mutual rights and responsibilities of the parties under the Consumer Protection Law (Law No. 6502) (published in the Official Gazette dated 28 November 2013 and numbered 28835), the Law on the Regulation of Electronic Commerce (Law No. 6563) (published in the Official Gazette dated 5 November 2014 and numbered 29166), the Distance Agreements Regulation (published in the Official Gazette dated 27 November 2014 and numbered 29188) and the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce (published in the Official Gazette dated 26 August 2015 and numbered 29457) with respect to the purchase and payment by the Buyer regarding the campaign products and/or services (“Product/Service”) (physical products under the campaign, as well as experiences such as acting in a TV series, taking photos and dining with celebrities created for the campaign) being sold through an auction onwww.sensino.com  (“Website”) where the Provider is the owner and the operator, as well as with respect to the provision of such Product/Service to the Buyer on the specified time and under the specified conditions. This Agreement constitutes the annex to the User Agreement.

 

 

3.    FUNDAMENTAL CHARACTERISTICS OF THE PRODUCTS/SERVICES WHICH ARE THE SUBJECT OF THIS AGREEMENT

 

The code, name, class, type, brand and model, description, color and basic qualities and quantity of the Products/Services that are the subject of this agreement are as follows and they have also been approved by the Buyer. The price of all the Products/Services which are the subject of this Agreement will be determined through auction, and the basic qualities of the Products/Services shall be specified on the Website during the relevant period. The total price will be determined through the auction and the sales price will be the highest bid offered at the auction. The Products/Services under this Agreement can only be used by the Buyer, and the Products/Services to be obtained through auction cannot be sold or transferred to any third parties and cannot be the subject of another auction. The Provider’s promotional documents or website can include products or services sold by other providers and sellers. In cases where this condition is explicitly specified, sub-products or services are not included neither in products or services subject to this agreement nor in their prices.

 

 

 

4.    PAYMENT DETAILS AND PAYMENT METHOD AND DEPOSIT

 

The sales price of the contractual products/services including all taxes is 0.00 TL.

 

Payments are made on the Website with credit cards and through EFT/transfer. Payment by installment is not accepted. However, the Buyer’s bank may offer him or her special payment options at its own discretion, which the Buyer is not obligated to disclose. In such a case, providing a detailed payment plan is at the discretion of the relevant bank. The Provider, if deems necessary, may require some down payment/advance payment as a deposit for Buyer’s payment or can block through a provision an appropriate amount from his/her credit card registered in the system, providing that this amount is not less than 10% of an auction bid value. In case of failure to meet the deposit for the offered bid, the offer shall not be binding and shall be removed from the system and the Buyer shall be informed in writing of this situation. If at least two people exceeds the Buyer’s offer, the Provider shall return the deposit or remove the blockage placed through a provision.

 

 

5.    CHARGEBACK

 

In cases where the Buyer exercises his or her right to withdrawal or if the ordered product cannot be procured for a variety of reasons or if the Buyer is to be refunded pursuant to a decision of the Arbitration Court, the repayment cannot be made in cash if the payment has been made by credit card. The chargeback will be in accordance with the terms of the credit card agreement that the Buyer has made with the bank.

 

If the Buyer returns a Product/Service and the returned Product or Service is accepted by the Provider, the “product/service price” will be refunded to the Buyer within 14 days. If the payment type is “Credit Card” and the customer wants his/her money back, the Provider issues a refund to the credit card used for the purchase online, but the amount of time it takes for the refunded amount to appear in the account varies according to bank processing times.

 

 

6.    DELIVERY/ORDER FULFILLMENT INFORMATION OF THE PRODUCT/SERVICE WHICH IS THE SUBJECT OF THE SALE AND DELIVERY/ORDER FULFILLMENT EXPENSES

 

If the sale relates to the delivery of a good and a good that requires delivery, the delivery shall be made [to the Buyer’s address below/at the address below] within 30 (thirty) days following placement of the order. If the sale relates to the provision of a Service, it will take 90 (ninety) days from the end of the auction for the Service to be delivered.

 

Delivery/Order Fulfillment Address       :        

Buyer’s name and surname    :

Billing Address                    :        

 

 

7.    RIGHTS AND OBLIGATIONS OF THE PARTIES

 

7.1   By agreeing to the terms of this Agreement, the Buyer confirms that before signing this Distance Selling Agreement, he/she has been provided by the Provider, as per the Distant Agreements Regulation, with the name or title of the Provider, the central registration number, if any, the address, the basic features of the ordered Product/Services, the price of the goods/ services including tax, price of the Product/Services including taxes, payment and delivery information, the full address where the notice of withdrawal is to be sent, e-mail addresses and the information that consumers can use in appeals to the Consumer Court or Arbitration Court in case of disputes.

 

7.2    The Buyer confirms that the delivery address and contact information and details of the person accepting the delivery provided under this Agreement are accurate, correct and complete and that the Provider will not be responsible for delays in Product/Service delivery and other problems due to such information being inaccurate, incorrect or missing.

 

 

7.3    The Provider shall not be liable for the failure of the person and/or entity to accept the Product/Service if the Buyer designates a different person and delivery address for the delivery.

 

7.4   The provider is responsible for ensuring that the Product/Service which is the subject of this sales agreement is intact, complete and complies with the specifications specified in the order and delivered with warranty documents and manuals, if any.

 

7.5    The Provider will not be liable for any loss or damage which may arise from the delivery of the goods by the carrier if the Buyer requests the goods to be shipped by a carrier other than the carrier specified by the Provider.

 

7.6     While the Provider’s obligation to deliver the Product/Service which is the subject of this Agreement is subject to confirmation by the Buyer of the information on the preliminary information form and the payment of the Product/Service fee together with the acceptance of the Distance Selling Agreement, the Provider’s obligation to deliver the Product/Service will be deemed to have ceased to exist if the payment is canceled/fails in the event of non-payment of the Product/Service fee and/or cancellation of the credit card with which the payment has been made, a retrospective payment objection, payment with prepayment systems and mobile payment.

 

7.7     Unless the related bank or financial institution pays the Product/Service fee to the Provider due to the unauthorized or unlawful use of the Buyer’s credit card, bank card, debit card and/or other payment systems offered on the Website through no fault of the Buyer, the Buyer must return the related Product/Service to the Provider within 14 (fourteen) days following notification of non-payment, provided the product or service has been delivered to the Buyer. The shipment costs are borne by the Buyer in such cases.

 

7.8    In cases where it is impossible to deliver the ordered Product/Service, due to reasons including but not limited to transportation obstacles, inclement weather conditions, preventive physical conditions and other unforeseen force majeure conditions, the Provider will notify the Buyer in writing or with a data storage device within 3 (three) days from the date of the emergence of the aforesaid conditions and return all collected payments, including delivery costs, within 14 (fourteen) days of the date of notification.

 

7.9    The parties acknowledge, declare and undertake that the addresses cited at the beginning of this Agreement are valid notification addresses and that all notices to be forwarded to these addresses are valid.

 

7.10    The Provider will keep all the information and documents relating to the right of withdrawal, notifications, deliveries and other obligations under the Agreement for a period of 3 (three) years after the signing of the Agreement. The Provider will also forward the pre-notification form and the Agreement to the aforementioned e-mail address of the Buyer. The Buyer may access the relevant pre-notification form and the Agreement sent through the e-mail at any time.

 

8.    RIGHT TO WITHDRAWAL

 

8.1   The Buyer has the right to withdraw from the Agreement on the day the agreement is established with regards to agreements for the provision of a service and within 14 (fourteen) days from the day of receipt of the goods by the consumer or a third person designated by the consumer with regards to agreements for delivery of goods without any justification and without penalty. The Buyer may exercise his/her right to withdrawal within the period from the establishment of the agreement to the delivery of the goods. The costs arising from the use of the right to withdrawal are borne by the Provider.

 

8.2    It is sufficient that the notice of the exercise of the right to withdrawal is served to the Provider before expiry of the withdrawal deadline. In exercising his/her right to withdrawal, the Buyer may use the form contained in the attached Sample Withdrawal Form or make an open statement notifying his/her decision to use his/her right to withdrawal.

 

8.3    The full address for sending the right to withdrawal notification, as well as the phone number and the e-mail address information are as follows:

 

Address:    SensinO İnternet ve Bilişim Hizmetleri Pazarlama A.Ş. (“Provider”)

              Ayazağa Mah. Mimar Sinan Sok. No.: 54/21F Seba Office Boulevard A Blok D:1 34396     SARIYER/ISTANBUL

Phone:    0212 277 10 04

E-mail    : iletisim@sensino.com

 

If the Buyer exercises his/her right to withdrawal via e-mail, the Provider shall send the Buyer confirmation of receipt of the withdrawal request, in which case the conditions for the exercise of the withdrawal right shall be specified.

 

 

8.4     The Buyer shall not be entitled to a right to withdrawal for the following agreements:

 

1. Agreements for accommodation, transport of goods, car rental, food and beverage supply required to be performed on a specific date or in a specific period, or agreements for using one’s leisure time for recreational or relaxation purposes.
2. Agreements for services started to be rendered with the approval of the Buyer before the expiry of the right of withdrawal period.
3. Agreements for goods or services whose price varies depending on the fluctuations in financial markets and which are not under the control of the seller or the provider.
4. Agreements for goods prepared in accordance with the Buyer’s wishes or personal needs.
5. Agreements for the delivery of goods that can go bad quickly or expire.
6. Agreements for the delivery of goods whose protective elements such as packaging, tape, seal and case have been opened after their delivery and whose returns are not suitable in terms of health and hygiene rules.
7. Agreements relating to goods that are mixed up with other products after their delivery and which cannot be separated by their very nature.
8. Agreements for books, digital content and computer consumables provided in a physical environment, if their protective elements such as packaging, tape, seal and case have been opened after their delivery.
9. Agreements for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
10. Agreements for immediate services rendered in the electronic environment or for intangible goods delivered to the Buyer right away.

 

8.5       In cases where the Buyer does not or will not be able to use his/her right of withdrawal from the agreement; if the Buyer wins the auction for a Product or Service and avoids to pay the promised amount within 1 workday when the Provider did not provide any written notification explaining that an extension of time was granted to him/her, the Provider shall have the right to terminate the agreement after collecting a penalty amounting to at least 10% of the Buyer’s offer. In such a case, the Buyer is also obliged to immediately compensate the negative difference between the price that had to be offered by the Provider to another buyer for the related Product or Service and the price offered by the Buyer. The Buyer shall be responsible for the total amount offered if no other buyer is interested in the related Product or Service.

 

8.6        Even if the Buyer’s offer is not the highest at the end of the auction, the Buyer is bonded by his/her offer for up to 3 days. In cases where it is possible for the individuals, who made their offer before the Buyer, to use their right of withdrawal or in cases where they do not or cannot pay the price under Article 8.5 when the withdrawal is not possible, the Provider shall reach the auction bidders in turn and ask them to pay the amount they promised and, in return, the Product or Service in question is offered.

 

 

9.    IDENTIFICATION AND RECTIFICATION OF INCORRECT INFORMATION

 

If the Buyer realizes that he/she has provided any incorrect information as far as transactions on the Website are concerned, he/she can request their correction by contacting the Website authorities using the "Contact Us" section on the Website. The requested amendment will be made by the Website authorities within 24 (twenty-four) hours.

 

10.    PRIVACY

 

10.1    The parties are indefinitely obliged to protect the confidential and commercial information and documents (Confidential Information as defined below) which has been exchanged between one another during the making of the Agreement, even after the conclusion or termination of the Agreement.

 

10.2  All kinds of information disclosed by either of the parties to the opposite party including know-how, business, method, invention, means, progress, patent, application, design, copyright, trademark, innovation, commercial, financial, technical information and any trade secret and/or proprietary information and/or commercial results and/or statistical information and/or user information and/or information about the partners, administrators and groups it is involved in and/or the contracts between them, and all written and oral communication will be considered confidential information (“Confidential Information”) during the term of the Agreement to be established between the parties.

 

10.3    Materials and information exchanged between the parties will not be considered Confidential Information if it falls under one of the following definitions:

 

a)    Information already known to the public or the kind of information that becomes public knowledge in ways other than the party receiving the information violating the contract by divulging that information or;

b)   Where the disclosed information is already known by the Party on the receiving end of the information before the disclosing Party provides that information or;

c)    Information that the receiving Party obtains from a source other than the Disclosing Party whereby its obligation of confidentiality towards the Party disclosing the information is not breached or;

d)   Information which the disclosing Party allows to be disclosed to the public pursuant to its written consent.

 

10.4    The Parties acknowledge, declare and undertake that they will not use the Confidential Information for the duration of this Agreement and, if necessary, even after the expiry or termination of the Agreement, either directly or indirectly, without any time limitation, and that they will not disclose it to third parties in any way whatsoever.

 

10.5    If any of the Parties is obliged to disclose Confidential Information in accordance with the applicable legislation, court order or administrative order, it shall promptly notify the other Party in writing.

 

11.    RESOLUTION OF DISPUTES

 

The Buyer can appeal to the Consumer Court or the Consumer Tribunal where the Buyer resides or where the consumer transaction has been made within the monetary limits set by the Ministry of Customs and Trade every December.

 

12.    ENFORCEMENT

 

This Agreement was concluded by the Buyer on the website through an approval in the electronic environment and it entered into force immediately under the following exclusive conditions for products or services.

 

EXCLUSIVE CONDITIONS

 

By signing this agreement, the consumer accepts in advance to comply with the below mentioned principles in case where he/she obtains the right to use the Product or Service by paying for them as a result of the auction.

 

 

 

Provider :           SensinO İnternet ve Bilişim Hizmetleri Pazarlama A.Ş.

Buyer                :         

Date       :          10.12.2018

 

 

 

APPENDIX: Sample Withdrawal Form

 

 

 

APPENDIX

 

SAMPLE WITHDRAWAL FORM

 

 

(This form is to be filled in and sent when the right of withdrawal from the Agreement needs to be used.)

 

-To:

 

Title:         SensinO İnternet ve Bilişim Hizmetleri Pazarlama A.Ş. (“Provider”)

Address:         Ayazağa Mah. Mimar Sinan Sok. No.: 54/21F Seba Office Boulevard A Blok D:1 34396     SARIYER/ISTANBUL

Central registration no.:   0761054281700001

E-mail    :        iletişim@sensino.com

    

 

-By sending this form I declare that I exercise my right of withdrawal from the Agreement for the sale of the following goods or the provision of the following services.

 

 

-Order date or delivery date:

 

 

-Goods or services in relation to which the right of withdrawal is being used:

 

-Price of the goods or services in relation to which the right of withdrawal is being used:

 

 

-Buyer’s name and surname:

 

 

-Buyer’s address:

 

 

-Buyer’s signature: (if sent in paper form)

 

 

-Date: