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Distance Sales Agreement

DISTANCE SALES AGREEMENT

 

  1. Sides

 

This Agreement has been signed between the parties below under the following terms and conditions. 

 

By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.

 

  1. SALES PERSON; (hereinafter referred to as "SELLER" in the contract)

 

Trade Name: Playpik Software and Electronic Trade Limited Company

Address:

Telephone:

Seller Mersis No:

Tax number:

E-mail address:

The Cargo Company to which the Buyer will Send the Goods to the Seller in case of Return:

Industrial Products Call Center:

 

  1. BUYER; (hereinafter referred to as "BUYER" in the contract)

 

Name and surname:

Address:

Telephone:

Email:

 

Persons who declare and undertake to accept the Distance Sales Agreement are fully bound by other agreements published in the mobile application and www.playpik.com.

 

2. Definitions

 

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

 

MINISTER: Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: Playpik Yazılım ve Elektronik Ticaret Limited Şirketi, which offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the seller,

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

PRODUCTS: Movable goods subject to shopping, software, audio, video and similar products prepared for use in electronic environment,

PORTAL: www.playpik.com website and mobile application belonging to Playpik Yazılım ve Elektronik Ticaret Limited Şirketi,

ORDERING PERSON: The natural or legal person who requests a good or service through the website of PLAYPİK,

PARTIES:  Playpik Yazılım ve Elektronik Ticaret Limited Şirketi and the BUYER,

AGREEMENT: This contract concluded between Playpik Yazılım ve Elektronik Ticaret Limited Şirketi and the BUYER,

GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.

 

3. Subject and Scope of the Contract

 

This contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of PLAYPİK.

 

The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

4. Contractual Product/Products Information

 

  1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of PLAYPİK. If the campaign is organized by PLAYPİK, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.

 

  1. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

  1. The sales price of the contracted goods or services including all taxes      is shown below.

 

Product Description

Product Name and Quantity:

Unit Price (VAT Included):

Total product price excluding shipping:

Shipping cost:

Total:

 

Payment Method and Plan

 

Maturity Difference Received:

Interest rate used in the Maturity Difference calculation:

Delivery Terms:

Delivery address:

Person to be delivered:

Billing address:

Order date.

Delivery date:

Delivery method:

 

  1. The shipping fee, which is the product shipping cost, will be paid by the BUYER.

 

  1. PLAYPİK collects the product price. If the buyer pays the full price to PLAYPİK, the product is delivered.

 

 

5. Billing Information

 

Name/Surname/Title:

Address:

Telephone:

Fax:

Email/username:

Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery. If the parties wish, they can request e-invoice from our website.

 

6. Delivery of Goods and Delivery Method

 

The contract enters into force upon the buyer's electronic approval; It is performed with the delivery of the purchased good/service to the buyer. The goods/services are delivered to the address specified by the buyer in the order form and to the person/persons authorized to deliver.

 

7. Delivery Costs and Performance

Unless otherwise stated, the delivery costs belong to the buyer. However, in cases where it is declared on PLAYPİK's website that the delivery costs will be covered by it, PLAYPİK will be responsible for the delivery costs. The delivery is made after the payment is made in the promised time, depending on the availability of the stock status of PLAYPİK. PLAYPİK delivers the Goods/Services within 30 (thirty) days from the date of order, provided that the performance of the performance of the order becomes impossible. In case the buyer does not pay the price for any reason or the price paid is canceled in the bank records, PLAYPİK is deemed to be relieved of its obligation to deliver the Goods/Services.

 

If the Buyer cancels the order between the delivery of the Goods/Services by PLAYPİK to the delivery, he/she is responsible for the shipping cost.

 

8. Credit Card Transactions

 

The Credit Card Usage Agreement on the www.playpik.com site will be valid for sales made with a credit card. Please read the relevant contract.

 

  1. General provisions

 

9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of PLAYPİK and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; Confirmation of the Preliminary Information in electronic environment, before the establishment of the distance sales contract, PLAYPİK accepts, declares and undertakes that he has obtained the address to be given to the BUYER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .

 

9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. 

 

9.3. PLAYPİK undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects, and in accordance with the standards. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.

 

9.4. PLAYPİK may supply a different product with equal quality and price, by informing the BUYER and by obtaining his explicit approval, before the contractual performance obligation expires.

 

9.5. PLAYPİK accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days._cc781905 -5cde-3194-bb3b-136bad5cf58d_

 

9.6. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the product subject to the contract is not paid for any reason and/or canceled in the bank records, Playpik Yazılım ve Elektronik Ticaret Limited Şirketi's obligation to deliver the product subject to the contract shall expire. , declares and undertakes.

 

9.7. The BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, and the failure to pay the price of the product subject to the contract to Playpik Yazılım ve Elektronik Ticaret Limited Şirketi by the relevant bank or financial institution. In the event of an accident, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days.

 

9.8. PLAYPİK accepts, declares and undertakes that if PLAYPİK cannot deliver the product subject to the contract in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties, it will notify the BUYER of the situation. The BUYER also has the right to request from Playpik Yazılım ve Elektronik Ticaret Limited Şirketi to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by Playpik Yazılım ve Elektronik Ticaret Limited Şirketi to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot hold PLAYPİK responsible for possible delays.

 

9.9. PLAYPİK's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER accepts and declares that Playpik Yazılım ve Elektronik Ticaret Limited Şirketi may engage in the above-mentioned communication activities.

 

9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

 

9.11. In case the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, PLAYPİK will send the identity and contact information of the credit card holder to the account of the credit card used in the order for the previous month. may request the BUYER to submit a summary or a letter from the bank of the cardholder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, PLAYPİK has the right to cancel the order.

 

9.12. The BUYER declares that the personal and other information provided while subscribing to the website of Playpik Yazilim ve Elektronik Ticaret Limited Şirketi or when concluding a distance sales contract is true, and that PLAYPİK will immediately bear all damages to be incurred due to the inaccuracy of this information, upon its first notification to PLAYPİK. declares and undertakes that it will indemnify in cash and once.

 

9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the website of PLAYPİK. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

 

9.14. The BUYER may not use the website of Playpik Yazılım ve Elektronik Ticaret Limited Şirketi in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

 

9.15. On the website of Playpik Yazılım ve Elektronik Ticaret Limited Şirketi, links may be given to other websites and/or other content that are not under PLAYPİK's own control and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

 

10. Right of Withdrawal

 

10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, without taking any legal and criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

 

10.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days. If this right is exercised, 

 

  1. The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)

  2. return form,

  3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

  4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.

  5. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period. 

  6. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

 

10.3. The right of withdrawal cannot be used in the following cases:

 

  1. Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller (For example: Products in the category of jewelry, gold and silver);

  2. In contracts for the delivery of goods, which are prepared in line with the wishes of the consumer or clearly in line with his personal needs, which are not suitable for return due to their nature, which are in danger of spoiling quickly or whose expiration date is likely to pass;

  3. In contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, which are not suitable for return in terms of health and hygiene;

  4.  In contracts for goods that are mixed with other products after delivery and cannot be separated by nature;

  5. In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material media, provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer;

  6. In contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract;

  7.  In contracts for accommodation, transportation of goods, car rental, catering and leisure time for entertainment or recreation, which must be made on a certain date or period;

  8. Contracts for the performance of betting and lottery services;

  9. Before the expiry of the right of withdrawal, in the contracts regarding the services that are started with the approval of the consumer;

  10. In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (regular deliveries of the seller, foodstuffs, beverages or other goods delivered to the residence of the buyer) daily consumption goods and services in areas such as travel, accommodation, restaurant, entertainment sector);

 

In terms of the legal relationship between the Sender and the Seller, the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied.

 

11. State of Default and Its Legal Consequences

 

The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by PLAYPİK due to the delayed performance of the debt.

 

12. Competent Court

 

Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:

 

To be effective as of 01/01/2021, the value in applications to be made to consumer arbitration committees for 2021:

 

  1. District Consumer Arbitration Committees in disputes under 7 thousand 550 Turkish Liras,

 

  1. Provincial Consumer Arbitration Committees in disputes between 7,550 Turkish Liras and 11,330 Turkish Liras in provinces with metropolitan municipality status,

 

  1. Provincial Consumer Arbitration Committees have been appointed in disputes between 7,550 Turkish Liras and 11,330 Turkish Liras in districts of provinces that are not in metropolitan municipality status.

 

This Agreement is made for commercial purposes.

 

13. Enforcement

 

When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. PLAYPİK is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is fulfilled. 

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