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Distance sales agreement

This distance sales agreement (this “Agreement” or this “Personal Data Protection and Distance Sales Agreement’’) is entered into effective as of Aug. 2022 (the “Effective Date”).


1. DEFINITIONS

1.1 SELLER / SERVICE PROVIDER


SERVICE PROVIDER ’JUSTYOL’’ 

E-mail: info@Justyol.com

1.2 BUYER 

ABCDE KLMNO ("BUYER", "B") is the real person or company who purchases the goods and / or services offered for sale on the Site by Justyol, whose information is below. 

Real Person:

Name:

Surname:

Nationality:

Residential Country:

Turkish ID No: (If Turkey Residential): 

Origin National ID No: (If Foreigner)

Date of Birth:

Place of Birth:

Passport No: (If Foreigner) 

Address:

Email:

Telephone Number:

Graduation / Occupation:

As Company:

Purchaser Name:

Purchaser Surname:

Company Registration Country:

Company Tax number:

Establishment Date: (Optional)

Address:

Email:

Telephone Number:



1.3 VENDOR OF GOODS / MANUFACTURER


Real or legal person who is providing products to BUYER and benefit mutually agreed payment under the conditions specified in this Distance Sales Agreement.

Name:

Address:

Address Code: 

Registered Tax Office:

Registered Tax Number:



1.4 WEB SITE 


Refers to the web sites of the SELLER / SERVICE PROVIDER 's domain name https://Justyol.com/ and sub-domains linked to this domain, which allows BUYER to purchase products and / or services offered for sale by the Justyol at the specified sales price.



1.5 PRODUCT


All kinds of commercial goods offered for sale by Justyol on the website.



1.6 MEMBERSHIP AGREEMENT


It refers to the membership agreement approved by the BUYER, who provides the opportunity to order through the website.



1.7 PAYMENT PROTECTION SYSTEM


In order to minimize the risk of the BUYER and the VENDOR OF GOODS/ MANUFACTURER it refers to the systematic of Justyol to collect the product payments from the BUYER on behalf of the manufacturer and to pay the VENDOR OF GOODS/ MANUFACTURER when the shipment is made from the VENDOR OF GOODS/ MANUFACTURER to the BUYER according to the agreed standards.



2. SUBJECT OF THE AGREEMENT


2.1

The subject of this contract; It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product (s) whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the website of Justyol.


2.2

The execution of this Agreement will not prevent the execution of the provisions of the website membership agreements concluded by the buyer with Justyol, and the BUYER accepts and declares that Justyol is not the same party in any way with the VENDOR OF GOODS/ MANUFACTURER in the sale of the goods subject to this Agreement.


2.3

In order for this contract to become valid, in addition to the acceptance of this Contract, the total order amount specified in the annex of the contract must be paid in lump sum or the payment made by credit card must be committed by the BUYER. The sales price of the product / service subject to the contract, including the taxes, is stated additionally in this contract.



3. PRODUCTS


3.1

The Type and Type of the Products, Quantity, Brand / Model, Color, Sales Price excluding Taxes are as stated on the website.



5. DELIVERY OF THE GOODS AND METHOD OF DELIVERY


4.1

The Contract becomes effective upon being approved electronically by the BUYER. The contract is fulfilled by the delivery of the Goods purchased by the Buyer from the VENDOR OF GOODS/ MANUFACTURER to the Buyer. 


4.2

The goods will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the specified authorized person (s).


4.3

According to INCOTERMS 2020 and/or Justyol shipment style, the shipping type of goods shall be written on the order sheet. 


4.4

In addition to the incoterms, The BUYER has freedom to choose Justyol shipment style. In such case The VENDOR OF GOODS/ MANUFACTURER deliver goods to shipping company. 

The VENDOR OF GOODS/ MANUFACTURER transfers the risk and responsibility to the BUYER after completing the delivery of goods to the shipment company. The Shipping company makes export and custom procedures from his own company. Shipping fee, insurance and all risks shall be covered by the BUYER. 

BUYER shall receive all his documentation via shipment company for arrival port custom formalities.



5. JUSTYOL DECLARATIONS AND COMMITMENTS


Justyol undertakes to fulfill the obligations imposed on it by this Agreement, the obligations imposed by the Law on the Protection of the Consumer No 6502 and the Regulation on Distance Agreements, except for force majeure.


5.1

Justyol is obliged to deliver the products ordered in electronic environment in a sound, complete and in the specified qualities by fulfilling the requirements of the Consumer Legislation. Justyol is responsible for delivering to the BUYER with warranty documents and user manuals, if any.


5.2

Justyol does not interfere with shipment operations and customs procedures. After the BUYER places his order, the payment of the shipping fee belongs to the buyer. The completion of customs formalities in export countries is the responsibility of the VENDOR OF GOODS/ MANUFACTURER. Justyol shall be an observer and auditor for these transactions in good faith by taking responsibility.


6. BUYER DECLARATIONS AND COMMITMENTS


6.1

The authorized person of the BUYER declares that she/he has read the preliminary information uploaded by Justyol regarding the basic characteristics of the contract product, the sales price and payment method, and the delivery and shipping method on the website, and that he has given the necessary confirmation electronically.


6.2

Buyers can convey their demands and complaints as a consumer to the Justyol contact information above and / or through the channels provided by the website.


6.3

The BUYER agrees and declares that he/she/it is aware of the Seller’s name, title, address, telephone and other contact information and the basic characteristics of the goods/services subjected to sale, sale price inc tax, terms of payment, terms of delivery etc. as well as he/she/it is aware of all necessary preliminary information about official authorities where to submit their complaints and raise any objection about goods/services subjected to sale and right of withdrawal including how to avail him/her/itself of this right and has confirmed those preliminary information via Justyol website.


6.4

BUYER declares and gives agreement duly confirmed that she/he has read the privacy policy of Justyol.


6.5

After the products are delivered to the shipment company, the BUYER is responsible for the customs procedures in the BUYER 's country. In the event that the products and the documents of the products are completely delivered to the Buyer, Justyol shall be deemed to have fulfilled its liabilities. For this reason, any damages caused by the BUYER 's late takeover of the product and the expenses incurred due to the fact that the product has been waiting in the shipment company or custom and / or the cargo are returned to the VENDOR OF GOODS/ MANUFACTURER related belongs to the BUYER.


6.6

The BUYER acknowledges and undertakes to fulfill its obligations subject to this agreement except circumstances of the force majeure.


6.7

In the case of a damaged package, the BUYER should not take the delivery of the damaged package and have the shipment company prepare an official report. In case the products are received without issuing a damage report, the responsibility belongs to the BUYER. The products received by the buyer from the cargo company officer are considered to be undamaged and intact.


6.8

The responsibility of taking out insurance for the damages of the products during transportation belongs to the BUYER. The responsibility of Justyol for the damages that may occur is up to the customs port where the export process will take place. 


6.9

If the bank or the financial corporate refuses to pay the money to the Justyol due to illegal usage of the BUYER’s credit card by unauthorized people, the BUYER has to send the delivered products within 10 (ten) days to the VENDOR OF GOODS/ MANUFACTURER. In this case, cargo charges belong to the Buyer. The BUYER when trying to return a product, he/she agrees and undertakes that a returned product must be unused and in the same condition and original packaging with the original invoice and delivery note as a proof of purchase in which he/she received it. In the event of such a return, the Buyer agrees and undertakes to provide the necessary documents for all kinds of customs procedures and the BUYER shall cover all related costs.


6.10

Related with article 6.9, if the Justyol receives payment via any finance corporation (like izyko, paypal, etc.), as long as this financial corporation confirms payment for goods took place, Justyol shall have no responsibility due to the fraud approach of BUYER. In such case Justyol shall have no liability and responsibility against BUYER.



7. GENERAL CONDITIONS


7.1

With this Agreement, the BUYER has examined the working manner and conditions of Justyol in detail and has accepted to act in accordance with the terms of the contract and agrees and declares to pay the product price with all the features described in accordance with the specified conditions.


7.2

Justyol and BUYER duly notify and declare that all the information which is provided to each other about himself is correct and complete.


7.3

The BUYER accepts in advance that the intellectual and industrial rights of all kinds of products, including electronic order system belong to the Justyol and/or VENDOR OF GOODS/ MANUFACTURER.


7.4

A user name and password are provided to the BUYER by the Justyol to enter the website. The BUYER is responsible for the confidentiality of this username and password and should not be shared with third parties. Otherwise, Justyol has the right to claim the damage from the BUYER, if any.


7.5

The BUYER undertakes not to do any harmful work or actions that will harm the entire site of the Justyol or cause Justyol to prosecute with other sites.


7.6

Justyol is not responsible for the problems caused by the BUYER 's own internet while purchasing takes place. In order to use Justyol's website, the BUYER agrees in advance that himself/herself will solve the problems related to his internet network.


7.7

The BUYER accepts that he / she will not hold Justyol responsible for any damages that may occur due to the fact that his/her data is read by unauthorized persons without negligence of Justyol.


7.8

It is strictly forbidden to reproduce, copy, publish or distribute the visual material, presentations, sounds, videos and any related media taken from the Justyol unless written confirmation from Justyol.



8. CONTRACT PRICE AND PAYMENT TERMS


8.1

The price of the product is included in the order form, but is the price present in the information mail sent after the order and the invoice sent to the customer with the product. However, in addition to the product price, VAT is also added to the invoice. Discounts, coupons, shipping costs and other applications made by the VENDOR OF GOODS/ MANUFACTURER or Justyol are reflected in the sales price.


8.2

Incoterms rules for this distance sales agreement are mentioned on the order form.


8.3

Payment may take place by money order / SWIFT or by credit card. 


8.4

If the payment method from the website is preferred, the payment process can be completed by entering the information requested in the payment section on the website of Justyol. Justyol is not responsible for any deficiencies or errors in this information. Payment to be made by credit card can be made in a single shot, provided that it is at the will of the Justyol. In addition, the number of installments may be increased as a result of the campaigns to be made by the bank. However, this situation is beyond the knowledge and will of Justyol, and Justyol has no commitment or responsibility in this regard.

If the payments are made by credit card, the use of the credit card made by the BUYER 's bank and the interest rate to be applied in case of default / delay are not binding for Justyol. The BUYER is in contact with the bank providing the credit card used in these matters and it is the user's responsibility to obtain the relevant information. The BUYER accepts and undertakes in advance that the credit card used during payment by credit card belongs to the user and that it is used within the knowledge and consent of the cardholder even if it does not belong to him / her. In the event of any negativity in this regard, the responsibility belongs to the user.


8.5

Shipping Fee: The shipping fee is included in the product price. The VENDOR OF GOODS/ MANUFACTURER calculates the cost of the cargo and collects it from the buyer by invoicing it separately on behalf of the BUYER.


8.6

The product price in question is collected by Justyol from the BUYER on behalf of the VENDOR / MANUFACTURER OF GOODS within the scope of the payment protection system. The buyer will be deemed to have paid the price of the product to the seller by paying the price of the product to Justyol.


9. RIGHT OF WITHDRAWAL


9.1

The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him or to the person / organization at the address indicated. In order to use the right of withdrawal, it is obligatory to notify Justyol and the VENDOR / MANUACTURER OF GOODS in writing via e-mail and the product must not be used within the framework of the provisions of article 9.8.


9.2

In the event that the right of withdrawal is exercised, it is obligatory to return the original invoice and a copy of the cargo delivery report indicating that the product delivered to the BUYER has been returned to the VENDOR / MANUFACTURER OF GOODS and delivered. The product price is returned to the BUYER with the same method in which the payment was made within 10 business days following the receipt of these documents in full and without any damage. The shipping cost of the returned product due to the right of withdrawal, if any, customs costs, storage fees, penalties and expenses due to export return, insurance costs are covered by the BUYER.


9.3

In case of withdrawal, Justyol and / or VENDOR / MANUFACTURER OF GOODS is not responsible for delays and expenses caused by Customs in Customs transactions. All necessary documentation and formalities will be made by the buyer, and the risk of customs costs belongs to the BUYER.


9.4

In order to carry out the transactions, the relevant parts of the invoice with the return section we have sent to the BUYER must be filled in completely and returned with the product after it is signed, and if any, all customs and transportation procedures must be carried out. For invoices issued on behalf of the company, the BUYER company must issue a return invoice to the VENDOR / MANUFACTURER OF GOODS company (without adding the shipping fee and any other costs) and the return invoice must be returned to us together with the product.


9.5

In cases where the BUYER has the right of withdrawal, the BUYER will lose the right of withdrawal in case the right is not used in time with the conditions, duration and procedure of using this right.



9.6

In the Products with the right of withdrawal, if the product is damaged or changed due to the use in accordance with the instructions for use, ordinary functioning or technical specifications within the period of withdrawal, the BUYER's request for withdrawal may not be accepted, in cases where the VENDOR / MANUFACTURER OF GOODS accepts it, according to the said disorder or change. will be able to offset an amount from the refund it will make to the BUYER.


9.7

In cases where there is a right of withdrawal, the BUYER will be informed in writing about how it can be returned to the VENDOR / MANUFACTURER OF GOODS and all relevant financial issues (including return routes, customs formalities, return and customs costs, and the return of the product price and the deductions that occur).


9.8

The right of withdrawal cannot be exercised for the products that are produced in accordance with the special requests and demands of the BUYER and / or customized by making changes or additions on them, 

for example: products that have been cut, pierced, made in a special color according to the user's request. 

Using the right of withdrawal in products is dependent on products unused and packaging unopened and intact.



10. FORCE MAJEURE



For any of the following reasons, the parties will not be held liable for this breach if they fail to fulfill the provisions of this Agreement in whole or in part; natural disasters, labor disputes, global or local digital communication restrictions and impossibilities, state restrictions or actions in product or service, terrorist attacks, earthquakes, sabotage, strikes, lockouts, worker and civil servant disputes, long-term interruptions in other communication lines, fire and internal natural and civil disasters, state-related impossibilities of payments, decisions to impede action by government agencies, war (declared or not announced) or other situations of war, or any other event, condition or condition that is not visible at the time of signing this Agreement and is beyond the reasonable control of the party concerned. For this reason, to prevent or to be deemed difficult to express, expensive or commercially inapplicable, the realization of all other situations that can be deemed legal or customary force majeure. 


If the force majeure lasts more than three (3) months, any of the parties may terminate the agreement immediately by sending a written notification to the other party (without prejudice to the rights of receivables and debts arising from this agreement until the termination date).



11. ACCEPTANCE OF RECORD AND EVIDENCE


The amount of mutual debts and receivables of the parties due to the commercial relationship arising from this agreement will be determined according to the books and computer records of the Justyol. In this regard, the parties have already accepted that the books and computer records of the Justyol constitute definitive evidence within the scope of Article 193 of the Law on Legal Proceedings. 


Both sides are obliged to provide documentation showing the commercial relationship to the requesting party.



12. FORM OF WAIVER


The parties will not be deemed to have waived any of their rights in this agreement and its annexes, unless each of them gives a written waiver signed to the other party.



13. RESOLUTION OF DISPUTES


Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be attempted by the parties to be amicably resolved.


In the course of the Parties’ attempts at amicable settlement, either Party may request that the dispute be brought before the most senior decision-making person in their respective organizations. If such a request is made, the decision-makers in the organizations concerned shall meet at least two times to consider the dispute and possible means to resolve it.


If the attempt at amicable settlement does not result in resolving the dispute within 30 days of the start of the attempt, the dispute shall be referred to and finally resolved by arbitration administered by the Istanbul Arbitration Centre (ISTAC) in accordance with the Arbitration Rules of ISTAC (“Rules”) for the time being in force and reference shall be deemed to be a submission to Arbitration within the meaning of these Rules. Arbitration shall take place in Istanbul, the Turkish Republic. Language of the arbitration proceedings shall be designated by the user's mother tongue or English.

The Arbitration Tribunal shall consist of three arbitrators, one appointed by each of the contesting parties, the third arbitrator shall be the Chairman of Arbitration Tribunal and shall be selected by the two appointed arbitrators, in case of failing to select and appoint the third arbitrator within one month ISTAC shall be the appointing authority. 


The outcome of the arbitration proceedings shall be final and binding on the Parties. The party declared as wrongful is liable to pay the expenses of the Arbitration Board according to their wrongful percentage.


The Parties shall not be released from performing their obligations under this AGREEMENT because arbitration proceedings have been initiated.


Unresolved arbitration shall go to court and Turkish Republic courts of Istanbul are authorized.



14. NOTICES


Any notice, consent or other communication required or permitted under this Agreement shall be written in English and shall be deemed given when (a) delivered personally; (b) or (b) sent by commercial courier with written verification of receipt returned to the sender. Notice, consent or other communications (but not service of process) may also be given by notary public. Rejection or other refusal to accept or the inability to deliver because a changed address was given shall be deemed to constitute receipt of the notice, consent or communication sent. Names, addresses for notices (unless and until written notice of other names, addresses are provided by either or both parties) are provided above.



15. ENFORCEMENT


This Agreement, which consists of 15 (fifteen) articles, was read by the Parties and entered into force in 2022 by being approved by the Buyer in the electronic environment.