Distance Sales Agreement

 

Article 1

The subject of this agreement is the determination of the rights and obligations of the parties concerning the sale and delivery of the product, whose qualities and sales price are stated below, ordered electronically by the BUYER from the internet site www.goscontrols.com (“Website”), in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014.

 

Article 2 – SELLER INFORMATION

Goscontrols.com (hereinafter referred to as ”GosControls” or ”SELLER”) Address: Hürriyet Blv. Skyport Residence No:1 D:151 Beylikdüzü / İstanbul – TURKEY Phone: +90 850 885 58 55 Product Return and Exchange Address: Hürriyet Blv. Skyport Residence No:1 D:151 Beylikdüzü / İstanbul – TURKEY Email: sales@goscontrols.com

 

Article 3 – BUYER INFORMATION

All members: All buyers who are members of GosControls’ e-commerce store www.goscontrols.com and make purchases. (Hereinafter referred to as buyer or customer).

 

Article 4 – SUBJECT AND PRODUCT INFORMATION OF THE CONTRACT

The type, quantity, brand/model, color, number, sales price, and payment method of the goods/products or services are as stated on the site, and these promises can be changed without notifying the buyer.

 

Article 5 – GENERAL PROVISIONS

 5.1. The BUYER declares that they have read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, its total sales price including all taxes, payment method, delivery, and the costs of delivery which will be borne by the BUYER, the delivery time, and the SELLER’s full commercial name, address, and contact information as specified on the Website, and have provided the necessary confirmation electronically.

5.2. The SELLER is not responsible for any direct or indirect damages that may arise due to the use of the Website or mobile application and other data and programs, due to breach of contract, tort, or other reasons. The SELLER accepts no responsibility for any interruptions in the operation, errors, omissions, interruptions, deletions, losses, delays in processing or communication, computer viruses, malfunctions in telecommunications lines, communication errors, theft, destruction, or unauthorized access, alteration, or use of records resulting from the use of the Website or mobile application.

5.3. The SELLER reserves the right to change, reorganize, or suspend any services, products, terms of use, and information provided on the Website and/or mobile application without prior notice. Changes take effect on the date they are published on the Website and/or mobile application. The company recommends that the BUYER visits the legal notice page each time they enter the Website and/or mobile application. These conditions also apply to other websites linked from the Website and/or mobile application.

5.4. The Website and mobile application may contain links or references to other websites that are not under the control of the SELLER. The SELLER is not responsible for the contents of these sites or any other links they contain.

5.5. The SELLER owns or holds licenses for all intellectual and industrial property rights related to the general appearance and design of the Website and mobile application, all information, pictures, all kinds of brands, Website domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method, and business model, including all materials (“Materials”) on the Website and mobile application. The Materials are legally protected. No Material on the Website and/or mobile application may be altered, copied, reproduced, translated into another language, republished, loaded onto another computer, mailed, transmitted, presented, or distributed without prior permission and without citing the source, including the code and software. Unauthorized use of the whole or part of the Website and/or mobile application on another website or mobile application is prohibited. In such a case, the SELLER reserves all its legal and penal rights and other rights not explicitly stated here.

5.6. The BUYER’s personal information may be disclosed to official authorities if such information is requested by these authorities in accordance with procedural requirements and if the SELLER is obliged to make a statement to the official authorities due to the mandatory provisions of the applicable legislation.

5.7. The product subject to the contract will be delivered to the BUYER or the person/institution at the address specified by the BUYER, within the period specified in the preliminary information on the Website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days from the order date, through the SELLER’s contracted shipping company. The shipping company contracted by the SELLER as of the date the contract is approved is DHL and/or UPS.

5.8. If the product(s) subject to the contract are to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the person/institution’s refusal to accept the delivery.

5.9. The SELLER cannot be held responsible for any damage and/or inability to deliver the product(s) to the BUYER due to errors and omissions of the shipping company responsible for the shipment process during the delivery of the product(s) to the BUYER.

5.10. The SELLER is responsible for delivering the product(s) subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and, if applicable, with warranty certificates and user manuals.

5.11. If the SELLER cannot fulfill its obligations under the contract due to the impossibility of fulfilling the order subject to the contract, it shall inform the BUYER before the obligation period expires, and may supply the BUYER with a product of equal quality and price, if available in its stocks.

5.12. If the BUYER’s credit card, bank card, debit card, or other payment systems offered on the Website and mobile application are used unauthorizedly or unlawfully by unauthorized persons due to the BUYER’s fault and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the delivered product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. Otherwise, the BUYER accepts and undertakes that all kinds of legal proceedings will be taken against them.

5.13. If the purchased product or service is not available in the stocks of the supplier company from which the SELLER receives service and there is no substitute product of equal quality and price, the SELLER reserves the right to refund the amount paid by the BUYER.

5.14. If the SELLER cannot deliver the product subject to the contract on time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, it is obliged to inform the BUYER of this situation. In this case, the BUYER may cancel the order, in which case the amount paid will be refunded to the BUYER within 14 (fourteen) days using the payment method used to purchase the product(s).

5.15. In the case of payments made with the BUYER’s credit card, the product(s) amount will be refunded to the relevant bank within 14 (fourteen) days after the cancellation of the order by the BUYER. Since the reflection of this amount on the BUYER’s accounts after its return to the bank is entirely related to the bank’s transaction process, the BUYER accepts 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.

5.16. The SELLER reserves the right to cancel purchases exceeding the needs of the BUYER made on the Website. In wholesale purchases exceeding 10 (ten) products purchased, the SELLER reserves the right to cancel the order completely or to send only 10 (ten) products within the retail purchase limit.

5.17. In the event that the transaction related to the amount in purchases made by the BUYER with a credit card cannot be completed due to 3 (three) incorrect password entries, the SELLER has the right to request any information and documents, including visual tools to verify the identity and credit card information of the BUYER. If these information and documents are not provided by the BUYER, provided incompletely, or do not match the order information, the SELLER has the right to cancel the relevant order immediately without any responsibility and compensation.

5.18. If the product prices are clearly erroneous and are written at a price significantly lower than the market price, the SELLER has the right to cancel all orders given according to this erroneous price. The BUYER accepts and declares that they will not make any claims and demands in such a situation due to the evident error.

 

Article 6 – RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract without providing any reason within 14 (fourteen) days from the delivery of the product(s) to the BUYER or the person/institution at the address specified by the BUYER. If the right of withdrawal is exercised, the return products must be returned with the shipping company contracted by the SELLER and announced to its customers on the website. The costs arising from the use of the right of withdrawal are borne by the BUYER if the product(s) is returned with the shipping company contracted by the BUYER. If the product(s) returned for any reason within the period is not sent with the contracted shipping company notified to the BUYER, the shipping cost will be borne by the BUYER. To exercise the right of withdrawal, the SELLER must be notified within this period via the email address sales@goscontrols.com or the phone number +90 850 885 58 55. Within 14 (fourteen) days after the notification of the withdrawal right, the BUYER must return the product(s) as delivered to the BUYER. The right of withdrawal cannot be exercised in the following cases:

Products that are custom-made for the BUYER or that are personalized according to the BUYER’s needs and requests,

Products that are not suitable for return due to their nature,

Products that deteriorate rapidly or are likely to expire.

 

Article 7 – EFFECTIVE DATE AND TERM OF THE CONTRACT

This agreement is drawn up and electronically confirmed by the parties on the date of its signing. The agreement will automatically expire once both parties have fulfilled their contractual obligations.

 

Article 8 – COMPETENT COURT

The consumer arbitration committees located in the settlement of the SELLER up to the value declared by the Ministry of Industry and Trade are authorized for disputes arising from the implementation of this contract. In the case that the value exceeds the mentioned value, the Consumer Courts located in the settlement of the SELLER will have jurisdiction.

 

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