DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the parties below under the terms and conditions set forth below.
‘BUYER’; (hereinafter referred to as the “BUYER” in the contract)
NAME:
ADDRESS:
‘SELLER’; (hereinafter referred to as the “SELLER” in the contract)
NAME: Semai Havacılık Araştırma ve Geliştirme İleri Mühendislik Sanayi Ticaret Limited Şti.
ADDRESS: İkitelli OSB Mahallesi Esenler Sanayi Sitesi – Ortaklar İş Merkezi A Blok Sok. Blok No: A1, İç Kapı No: 43 – 34490 Başakşehir, İstanbul
By accepting this agreement, the BUYER agrees to be under the obligation to pay the stated price and, if any, indicated additional costs such as shipping fees and taxes upon confirmation of the order subject to the contract, and acknowledges being informed about this matter in advance.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below will refer to the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: Any consumer transaction other than the delivery of goods in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities, or acts on behalf or account of the goods provider,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: https://dynotis.semai.com.tr,
ORDERER: The natural or legal person who requests a good or service through the Seller’s website,
PARTIES: SELLER and BUYER,
CONTRACT: The contract concluded between the SELLER and the BUYER,
GOOD: Refers to the movable goods subject to the shopping and software, sound, image, and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically through the SELLER’s website.
The prices listed and announced on the site are the sale prices. Announced prices and promises are valid until they are updated and changed. Prices that are announced for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Semai Havacılık Araştırma ve Geliştirme İleri Mühendislik Sanayi Ticaret Limited Şti.
Address: İkitelli OSB Mahallesi Esenler Sanayi Sitesi – Ortaklar İş Merkezi A Blok Sok. Blok No: A1, İç Kapı No: 43 – 34490 Başakşehir, İstanbul
Phone: +90 212 843 43 78
Email: info@semai.com.tr
5. BUYER INFORMATION
Person to be Delivered:
Delivery Address:
Phone:
Email:
6. ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The main characteristics of the Good/Product(s)/Service are published on the Seller’s internet site. If a campaign has been organized by the seller, you can review the main features of the related product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices that are announced for a certain period are valid until the end of the specified period.
7.3. The total sales price (including all value added taxes in Turkey,without value added taxes globally) of the goods or service subject to the contract is shown below.
Product Description
Quantity
Unit Price
Subtotal
(Including VAT in Turkey, without VAT globally)
Shipping Cost:included
Total:
Payment Method and Plan:
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product shipment expense, will be paid by the SELLER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address and mail along with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER declares and undertakes that they have read and are informed about the basic qualities, sales price, payment method, and delivery information related to the delivery of the product subject to the contract on the Seller’s website, and have given the necessary confirmation in the electronic environment. By confirming the Pre-Information in the electronic environment, the BUYER accepts, declares, and undertakes that they have obtained the address to be provided by the SELLER to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract is to be delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information section on the internet site, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period upon delivery date. If the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and information and documents required for the business, to perform the work in accordance with the legal regulations free from all defects, in a robust and standard way, to protect and enhance the service quality, to perform with caution and to act with foresight.
9.4. The SELLER can supply a different product of equal quality and price by informing the BUYER and explicitly obtaining their consent before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill the contractual obligations in the event the contractual product or service becomes impossible to fulfill, they will inform the consumer in writing within 3 days from the date of learning and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm the contract electronically for the delivery of the product subject to the contract and if the product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the contract product will end.
9.7. The BUYER accepts, declares, and undertakes that if the product price is not paid to the SELLER by the related bank or financial institution as a result of the unauthorized use of the BUYER’s credit card after the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated, the BUYER must return the product to the SELLER within 3 days, bearing the shipping costs
9.8. In circumstances beyond the control of the parties, such as force majeure events that are unforeseen and prevent or delay the fulfillment of their obligations, the SELLER agrees, declares, and undertakes to notify the BUYER if the product subject to the contract cannot be delivered on time. The BUYER reserves the right to request the cancellation of the order, the replacement of the contract product with an equivalent if available, or the postponement of the delivery until the obstructive situation is resolved. If the BUYER cancels the order, any payments made in cash will be refunded in full within 14 days. For payments made by credit card, the amount will be refunded to the respective bank within 14 days of the cancellation by the BUYER. The BUYER acknowledges that the average time for the refunded amount to reflect in their bank account by the bank may take 2 to 3 weeks after the SELLER has processed the refund, and this is entirely related to the bank’s processing time. Therefore, the BUYER agrees, declares, and undertakes that they cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes by letter, e-mail, SMS, phone calls, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information stated by the BUYER in the registration form on the site or later updated by them. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER shall examine the contractual goods/service before receiving it; they will not accept the crushed, broken, torn packaging etc. damaged and defective goods/service from the courier company. The received goods/service is assumed to be undamaged and intact. The responsibility to protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods/service should not be used. The invoice must be returned.
9.11. If the person who is the holder of the credit card used during the order is not the same person as the BUYER or if a security deficit regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, a statement from the previous month of the credit card used in the order or a letter from the bank of the cardholder indicating the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents and if the BUYER does not respond to such requests within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while signing up to the SELLER’s website is accurate, and they will immediately indemnify the SELLER’s all damages due to the inaccuracy of this information upon the first notification from the SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes in advance to comply with the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all civil and criminal obligations arising will bind the BUYER exclusively.
9.14. The BUYER cannot use the SELLER’s website in a way that violates public order, against general morality, disturbing and harassing others, for an illegal purpose, infringing material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or complicate the use of services by others.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and operated by other third parties may be provided through the SELLER’s website. These links are placed for the purpose of directing the BUYER and do not support any website or the person who operates that site, and do not have any guarantee regarding the information contained in the linked website.
9.16. If the BUYER violates one or more of the articles listed in this contract, they will be personally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, if the matter is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER can use their right to withdraw from the contract by refusing the goods without assuming any legal and criminal responsibility within 14 (fourteen) days from the date of delivery to the person/organization at the address shown, provided that the SELLER is notified. In distance contracts for the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has begun with the approval of the consumer before the expiration of the right of withdrawal period. 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 they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within 14 (fourteen) days and the product must not have been used in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this contract. In the case of using this right,
a) The invoice of the product delivered to the third party or the BUYER (if the product to be returned is invoiced to an institution, it must be sent back with the return invoice issued by the institution when returning. If the order with the invoice issued on behalf of institutions is to be returned, it will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned should be delivered complete with the box, packaging, and standard accessories if any, undamaged and unused.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days after receiving the cancellation notice and to accept the returned goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER in proportion to the fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the period of the right of withdrawal.
f) If the amount of the campaign organized by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods which are prepared in line with the BUYER’s request or explicitly personal needs and which are not suitable for return, undergarments, swimsuit bottoms, makeup materials, single-use products, goods which are at risk of deterioration or which may expire, goods which are not suitable for return due to health and hygiene reasons if their packaging is opened after delivery by the BUYER, products which are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, other than those provided under the subscription agreement, cannot be returned according to the Regulation. Also, the right of withdrawal cannot be used for services that have begun with the approval of the consumer before the expiration of the right of withdrawal period according to the Regulation.
For cosmetics and personal care products, underwear items, swimsuits, books, software that can be copied, and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), they must be unused, untested, unspoiled, and unopened in their packaging in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in the case of payment with a credit card, they accept, declare, and undertake that they will pay interest and be responsible to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the bank may take legal action; the BUYER may request the costs and attorney’s fees from the BUYER and in any case, if the BUYER defaults on their debt, they accept, declare, and undertake to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committees or consumer courts at the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the following law:
As of 28/05/2014, applicable:
a) For disputes below the value of 2,000.00 (two thousand) TRY, the district consumer arbitration committees,
b) For disputes below the value of 3,000.00 (three thousand) TRY, the provincial consumer arbitration committees,
c) In metropolitan provinces, for disputes between 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY, the provincial consumer arbitration committees will be applied to.
This Contract is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order through the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER on the site that this contract has been read and accepted by the BUYER before the order is completed.
15. WARRANTY
Two-Year Limited Warranty: Semai Aviation warrants its products against defects in materials and craftsmanship. Under typical use and service, every hardware portion of the products should be free from physical defects in material and assembly during the warranty period of two years, or the hardware will be repaired or replaced as determined solely by Semai Aviation. This warranty is provided only to the person or entity that originally purchased the product from Semai Aviation or its authorized distributor or retailer.
Customers are responsible for the return shipment of equipment to Semai Aviation for repair. Please contact us for instructions on how to prepare and declare your shipment. Failure to follow our instructions may result in the customer being responsible for any resulting duties. Semai Aviation will cover the cost of the return shipment and duties if the repair is under warranty.
However, Semai Aviation is not responsible for a few specific situations, including:
– Overloading the load measurement unit,
– Applying power (voltage and current) outside the specifications of the tool,
– External intervention in the Electronic Box,
– Liquid contact,
– Exposure to a dusty environment,
– Intentional damage,
– Instances where responsibility is not attributed to our company, such as the removal of
parts bearing hologram labels on the product by users.
SELLER:
BUYER:
DATE: