DISTANCE SALES AGREEMENT
ARTICLE 1 – SUBJECT MATTER AND PARTIES OF THE AGREEMENT
1.1. This agreement determines the rights, laws, and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of products and services made by the BUYER detailed below through the website operated by the SELLER, www.paftam.com; (hereinafter referred to as the WEBSITE).
1.2. The BUYER acknowledges that they are informed about the basic qualities of the goods or services subject to the sale, the selling price, the payment method, the delivery conditions, and all preliminary information about the right of withdrawal, and that they have confirmed this information electronically before placing an order. The pre-information and invoice on the payment page of www.paftam.com are integral parts of this agreement.
1.3. SELLER INFORMATION
Name: METS VILLA AND YACHT MANAGEMENT TOURISM TRADE LIMITED COMPANY
Address: Bitez Mahallesi Mandalin Cad. No: 28/A Bodrum/Muğla
Phone: (+90) 252 163 0636
Email: info@paftam.com
1.4. BUYER INFORMATION
Name/Surname or Title: [invoice-username] – [username]
ID Number: [tc-no]
Address: [invoice-address]
Phone: [phone-no]
Email: [email-address]
ARTICLE 2 – DATE OF THE AGREEMENT
2.1. This agreement was concluded on [date], the date the BUYER's order was completed on the WEBSITE, and a copy of the agreement was sent to the BUYER's email address.
ARTICLE 3 – SUBJECT OF THE AGREEMENT, PRODUCTS, AND SERVICES
3.1. The details of the products and services ordered by the BUYER, including the total sales amounts, including taxes, and quantity information, are specified below. All the products listed in the table below will hereinafter be referred to as the PRODUCT.
Order Contents and Total: [cart-amount]
Order Date: [date]
ARTICLE 4 – DELIVERY OF THE PRODUCTS
4.1. The PRODUCT will be delivered to the BUYER by Pafta'm via postal services, and in cases where it is obligatory, this period may change with prior written notification to the BUYER via email.
ARTICLE 5 – PAYMENT METHOD
5.1. Since installment sales can only be made with credit cards belonging to Banks, the BUYER agrees, declares, and undertakes that they will confirm the relevant interest rates and information regarding default interest with their bank, and that the provisions regarding interest and default interest under the credit card agreement between the Bank and the buyer will be applied in accordance with the current legislation. Payment methods such as installment payments provided by institutions issuing credit cards, installment cards, etc., are credit and/or installment payment options provided by the said institution; within this framework, product sales by the SELLER, where the full amount has been collected, are not considered installment sales but cash sales. The legal rights of the SELLER in cases considered legally as installment sales (including termination of the contract if any installment is not paid and the demand for payment of the remaining debt with default interest) are present and reserved. In case of default by the BUYER, default interest will be applied at a rate of 5% per month.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER acknowledges that they have read and are informed about the basic qualities of the products displayed on the WEBSITE, the selling price, and the payment and delivery information, and confirms electronically the necessary confirmation for the sale in the electronic environment.
6.2. By confirming this agreement electronically, the BUYER confirms that they have acquired accurate and complete information about the address to be given by the SELLER to the consumer before the conclusion of the distance contracts, the basic features of the products ordered, the prices of the products including taxes, and payment and delivery information.
6.3. The SELLER is responsible for delivering the product covered by the agreement in a sound, complete, and in accordance with the specified qualifications in the order, along with any warranty certificates and user manuals, if any.
6.4. Before the expiry of the performance obligation arising from the agreement, the SELLER may supply a different product of equal quality and price to the BUYER.
6.5. If the SELLER is unable to fulfill the obligations under the agreement due to the impossibility of delivering the product or service, they may notify the consumer of this situation before the expiry of the performance obligation arising from the agreement and may supply a different product of equal quality and price to the BUYER.
6.6. For the delivery of the PRODUCT, it is a condition that the signed copy of this agreement reaches the SELLER and the payment is made in the form preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
6.7. In case of non-payment of the PRODUCT price by the Bank/financial institution that owns the credit card on which the transaction is made, within 3 days at the latest, the PRODUCT will be returned to the BUYER at the expense of the BUYER. All legal and contractual rights of the SELLER, including the collection of the PRODUCT price, are expressly reserved in any case.
6.8. In extraordinary circumstances outside normal sales conditions of the PRODUCT (such as adverse weather conditions, earthquake, flood, fire, etc.), if it is impossible to deliver and the delay exceeds 10 days, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product, or wait until the end of the extraordinary situation. If the PRODUCT price has been collected in canceled orders, it will be refunded to the BUYER within 10 days from the cancellation. The refund process in credit card payments is also made by crediting the BUYER's credit card.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. The SELLER undertakes that the BUYER has the right to withdraw from the contract by rejecting the goods or services without assuming any legal or penal responsibility, without stating any reason, within seven days from the date of receiving the goods or signing the contract.
7.2. To exercise the right of withdrawal, it is a requirement to notify the SELLER in writing within this period. In case of exercising this right, the return of the original invoice with a cargo delivery report indicating that the PRODUCT delivered to the third party or to the BUYER was sent to the SELLER is mandatory. The amount of the PRODUCT will be refunded to the BUYER within 10 days following the arrival of these documents. The refund process in credit card payments is also made by crediting the BUYER's credit card.
7.3. In accordance with tax legislation, if the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The shipping cost of the returned product is covered by the BUYER.
7.4. In the case of products that are specially produced according to the special requests and demands of the BUYER, or personalized or which, by their nature, cannot be returned, or may deteriorate rapidly, or may pass their expiration date, the BUYER cannot exercise the right of withdrawal.
ARTICLE 8 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
8.1. Due to the nature of the service sale, personal care products are examples of products for which the right of withdrawal cannot be exercised.
ARTICLE 9 – EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. The records of the SELLER (including magnetic records such as computer-sound recordings) constitute conclusive evidence in the resolution of any disputes arising from this Agreement and/or its implementation. Consumer Arbitration Committees declared by the Ministry of Industry and Commerce up to the declared value, and in cases exceeding this, the Consumer Courts and Execution Offices in the settlement of the BUYER and SELLER are authorized.
9.2. The BUYER declares, accepts, and undertakes that they have read all the conditions and explanations written in this Agreement and the order form, which constitutes an integral part, and have received and accepted all the sales conditions and other preliminary information.