DISTANCE SALES AGREEMENT

CLAUSE 1 – SIDES
This Agreement has been signed by the following parties in accordance with the following terms and conditions.
A.‘BUYER’ ; (hereinafter referred to as “BUYER”)
B.‘SELLER’ ; (hereinafter referred to as “SELLER”)
COMPANY NAME: BATRON ENERJİ A.Ş.
ADDRESS: Yıldırım Beyazıt Mah. Aşık Veysel Blv. E.Ü. Tgb İdare Ve Kuluçka 5 No:67 /4/12 Melikgazi / KAYSERİ / TURKEY
By accepting this agreement, if the BUYER approves the order subject to the contract, the buyer agrees in advance that he will be under the obligation to pay the mentioned subject fees and any additional fees such as cargo fee, tax and if he is informed about it.
2. DEFINITIONS
In the application and interpretation of this agreement, the following terms shall refer to the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Agreements (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transactions other than providing goods for a fee or interest, or for which a commitment is made,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods offering,
BUYER: A natural or legal person who acquires, uses or benefits from a product or service for commercial or non-professional purposes,
SITE: Website of the SELLER,
ORDERING ORDER: A natural or legal person requesting a good or service through the website of the SELLER,
SIDES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This Distance Sales Agreement (“Agreement”) is issued in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they know and understand the obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; Sales and delivery of the Goods / Service with the qualifications specified in the Contract, which the Purchaser orders electronically for the purchase of the Goods / Service of the SELLER from the website of BATRON ENERJİ A.Ş. (bat www.batronenerji.com ”). in accordance with the provisions of Law No. 6502 on Consumer Protection and Regulation on Distance Contracts. The conclusion of this Agreement shall be made by the parties BATRON ENERJİ A.Ş. will not prevent the execution of the provisions of the membership agreements of the parties concluded with Batron Enerji A.Ş. that they are not a party in any way and that the parties do not have any responsibility and commitment to fulfill their obligations under the Agreement.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced on time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: BATRON ENERJİ A.Ş.
Address: Yıldırım Beyazıt Mah. Aşık Veysel Blv. E.Ü. Tgb İdare Ve Kuluçka 5 No:67/4/12 Melikgazi / KAYSERİ / TURKEY
Telephone: +90 352 502 53 45
Fax: +90 352 502 53 45
5. BUYER INFORMATION
Person to be delivered: {ALICI_TAM_AD_UNVANI}
Delivery Address: {ALICI_ADRESI}
Telephone: {ALICI_TELEFONU}
Fax:
Email/Username: {ALICI_EPOSTA}
6. INFORMATION OF THE PERSON WHO ORDERS
Name / Surname / Title: {FATURA_TAM_AD_UNVANI}
Address: {FATURA_ADRESI}
Telephone: {ALICI_TELEFONU}
Fax:
Email/Username: {ALICI_EPOSTA}
7. PRODUCT / PRODUCTS INFORMATION OF THE AGREEMENT
1. The main characteristics (type, quantity, brand / model, color, number) of the good / product / product / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced on time are valid until the end of the specified period.
7.3. The sales price of the contracted goods or services, including all taxes, is shown below.
Product Description Quantity Unit Price Search Total
{URUNLER}
Order Amount Shipping Excluded: {KARGO_HARIC_SIPARIS_TUTARI} (VAT Included)
Order Amount Shipping Included : {KARGO_DAHIL_SIPARIS_TUTARI} (VAT Included)
Shipping Amount
Total: {KARGO_BEDELI}
Payment Method and Plan: {ODEME_YONTEMI}
Delivery Address: {ALICI_ADRESI}
Person to be Delivered: {ALICI_TAM_AD_UNVANI}
Billing address: {FATURA_ADRESI}
Order Date: {GUNCEL_TARIH}
Delivery Date: {GUNCEL_TARIH} + 1 month
Delivery Type: Address
7.4. The shipping fee, which is the shipping cost of the product, shall be paid by the SELLER.
8. INVOICE INFORMATION
Name / Surname / Title: {FATURA_TAM_AD_UNVANI}
Address: {FATURA_ADRESI}
Telephone: {ALICI_TELEFONU}
Fax: {ALICI_TELEFONU}
Email/Username: {ALICI_EPOSTA}
Invoice Delivery: Invoice will be delivered with the order to the
billing address / E-Invoice will be sent to the E-mail address of the BUYER as digital.
9. GENERAL PROVISIONS
9.1. The PURCHASER accepts, declares and undertakes that the seller has read the preliminary information about the basic characteristics, sales price and payment method and delivery information of the subject product on the website of the SELLER and that he has the necessary confirmation in the electronic environment. BUYER; Confirmation of the preliminary information electronically, before the establishment of a distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information is also accepted and accepted .
9.2. Each product subject to the contract shall be 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 of the BUYER’s location, provided that it does not exceed the 30-day legal period. In the event that the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER, the product of the Contract subject to complete, in accordance with the qualifications specified in the order and warranty documents, user manuals, information and documents required by the job to be delivered, free from any defects according to the requirements of legal regulations, in accordance with the standards of business accuracy and honesty to protect, raise and maintain the quality of service, to show the necessary attention and care during the execution of the work, to act with prudence and foresight, accept and declare.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER before the expiry of the performance obligation arising from the contract and obtaining its explicit approval.
9.5. If SELLER fails to fulfill its contractual obligations in the event that the product or service subject to the order becomes impossible to fulfill, it shall acknowledge, declare and undertake that it shall notify the consumer in writing within 3 days of the date it is learned and return the total price to the BUYER within 14 days.
9.6. BUYER agrees, declares and undertakes that the Seller shall endorse the contractual obligation to deliver the product subject to the contract in case the product subject to the contract is not paid and / or canceled in the bank records for any reason.
9.7. BUYER, if the product of the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use of the credit card belonging to 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, The seller accepts, declares and undertakes to refund the shipping expenses to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes that if the seller fails to deliver the product subject to the contract within the period due to force majeure conditions, such as the occurrence of unforeseen circumstances that prevent the parties from fulfilling their debts and / or delaying situations, which develop outside the will of the parties. The BUYER shall have the right to demand from the SELLER that the order be canceled, replacement of the contracted product with the precedent, if any, and / or postponement of the delivery period until the elimination of the preventive situation. In the event that the order is canceled by the BUYER, the amount of the product shall be paid to the BUYER in cash and in advance in 14 days for the payments made by the BUYER in cash. For 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 to reflect the amount returned to the SELLER’s credit card by the bank to the BUYER’s account. accept, declare and undertake that it cannot hold responsible.
9.9. SELLER, address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER on the registration form or subsequently updated by the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities against him.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving them; dents, broken, package torn etc. damaged and defective goods / services will not receive delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to protect the goods / services after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods / services should not be used. Invoice must be returned.
9.11. If the BUYER and the credit card holder used at the time of the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before delivery of the product to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder to the previous month. or the holder of the card may request the BUYER to submit the letter stating that the credit card belongs to him. The order will be frozen until the PURCHASER obtains the information / documents subject to the request.
9.12. BUYER declares and undertakes that the personal and other information provided by the SELLER while registering to the website of the SELLER is fair and that the SELLER shall indemnify all damages to be incurred due to the unfairness of the SELLER upon the first notification of the SELLER.
9.13. BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.
9.14. BUYER may not use the SELLER’s website in any way disrupting public order, contrary to general morality, disturbing or harassing others, for a purpose contrary to law, in a way that may violate the material and moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan etc.).
9.15. Links to other web sites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties may be provided on the website of the SELLER. These links are provided to the BUYER for ease of referral and do not support any website or the person who operates the site and Link does not constitute a guarantee for the information contained in the website.
9.16. Any member violating one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and penal consequences of such violations. Also; SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement if the event is transferred to the legal area due to this violation.
10. RIGHTS TO CANCELLATION
10.1. BUYER; In case the distant agreement is related to the sale of goods, the product itself or the person / organization at the address shown within 14 (fourteen) days, provided that the SELLER to notify the SELLER without any legal and criminal responsibility and without giving any reason to use the right to withdraw from the contract. In distance contracts for the provision of services, this period starts from the date of signing the contract. Before the end of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the service has been started with the approval of the consumer. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he is informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the seller shall be notified in writing by registered mail, fax or e-mail to the SELLER within 14 (fourteen) days and that the product shall not be used in accordance with the provisions of the ler Products that cannot be used Cay. If this right is exercised,
a) 3. The invoice of the product delivered to the 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.
b) Return form,
c) The products to be returned must be delivered complete and undamaged with the box, packaging, standard accessories, if any.
d) SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the notification of withdrawal to the BUYER and to receive the return within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by BUYER’s defect or if the refund becomes impossible, BUYER shall be liable to compensate the damages of SELLER at the rate of the defect. However, BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product during the right of withdrawal.
f) If the campaign limit amount is decreased by the SELLER due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT USABLE RIGHT OF WITHDRAWAL
Underwear, underwear, swimwear and bikini bottoms, make-up items, disposable products, goods which are prepared in accordance with the BUYER’s request or clearly personal needs and which are not suitable to be returned back, goods that are in danger of rapid deterioration or the possibility of passing expiration date are delivered to the BUYER. products that are unsuitable for health and hygiene to be returned if the package is opened by BUYER after being delivered, products which are mixed with other products after delivery and which are not possible to be separated by their nature, Goods related to periodical publications such as newspapers and magazines, services or intangible goods delivered to the consumer, and audio or video recordings, books, digital content, software programs, data storage and storage devices, computer consumables, packaging cannot be returned by BUYER in accordance with the Regulation. Furthermore, before the end of the right of withdrawal, the right of withdrawal for the services started with the approval of the consumer is not possible under the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) can be returned unpacked, untested, unspoiled and must not be used.
12. DEFAULT STATUS AND LEGAL RESULTS
In the event that the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank itself. In this case, the relevant bank may apply legal remedies; and the BUYER shall be liable for any loss and loss incurred by the BUYER due to the delayed performance of the BUYER’s debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this agreement shall be made to the arbitral tribunal or consumer court where the consumer settlements or consumer transactions are located within the monetary limits specified in the following law. Information on the monetary limit is as follows:
The value for applications to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees for disputes below 2.400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the cities with metropolitan status,
c) Non-Provincial consumer arbitration committees in the disputes below 3.610 (three thousand six hundred ten) Turkish Liras in the centers of the provinces which are not metropolitan status,
ç) Non-Provincial consumer arbitration committees have been charged with the disputes between 2.400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts of provinces that are not metropolitan.
This Agreement is for commercial purposes.
14. FORCE
When the BUYER makes the payment for the order placed on the Site, it shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements before the realization of the order in order to receive confirmation that this agreement has been read and accepted by the BUYER.
SELLER: BATRON ENERJİ Inc.
BUYER: {ALICI_TAM_AD_UNVANI}
DATE: {GUNCEL_TARIH}