Distance sales contract
Terms and conditions
SELLER: John Wright
Address: 406-408 Long Street, Hackney London E2 8HG
Phone: 0800 014 8674
SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this agreement (“Agreement”) is to determine rights and obligations of the parties under the Consumer Protection Law No 6502 and Distance Sales Regulation in connection with sales and delivery of the product whose qualities and sales price are stated below, which are electronically ordered by the Buyer from the Seller at johnwrightphoto.com (“Website”).
PAYMENT AND DELIVERY TERMS
Product/s subject to the agreement shall be delivered to the Buyer or the person/organisation indicated by the Buyer depending on the distance of each product to the location of the Buyer within 30 (thirty) days’ period as determined in the law and regulations after the order is received by the Seller providing that the 30 days’ period is not exceeded. In the event that the Buyer cancels the order, the amount paid by the Buyer shall be fully repaid within 14 (fourteen) days.
The product value shall be collected by John Wright from the Buyer. The Agreement enters into force after being electronically approved by the Buyer and is executed when the goods or services purchased by the Buyer from the Seller are delivered to the Buyer. The goods shall be delivered to the address and authorised person/s specified by the Buyer in the order form and this Agreement.
For the avoidance of doubt, the Agreement and the Preliminary Information Form must be electronically approved and the value of the product/s must be paid by the payment method preferred by the Buyer for delivery of the product/s. If the product value is not paid or is canceled in the bank records for any reason, the Seller shall be deemed to be relieved of the obligation of delivering the product.
DELIVERY COSTS AND EXECUTION
Unless otherwise provided, delivery costs of the goods belong to the Buyer.
Delivery costs shall belong to the Seller if the Seller has stated at the Website that the delivery costs will be borne by the Seller.
The goods shall be delivered within the promised period following the payment. Except for the cases where it is not possible to deliver the goods or services, the Seller shall deliver the goods or services within 30 (thirty) days after the goods or services are ordered by the Buyer.
In the event that the value of the goods or services is not paid by the Buyer for any reason or the payment is canceled in the bank records, the Seller shall be deemed to be relieved of the obligation of delivering the goods or services.
In cases where it is not possible to deliver the goods or services, the Seller shall inform the Buyer within 3 (three) days after the Buyer finds out the situation and refund all payments including delivery costs, if any, within 14 (fourteen) days following the date of notification.
STATEMENTS AND WARRANTIES OF THE BUYER
The Buyer accepts and undertakes to have read and understood the preliminary information uploaded to the Website by the Seller regarding the basic qualities, sales price, method of payment and shipment fee of the goods and services subject to the Agreement, electronically confirmed them and is aware that the order constitutes an OBLIGATION TO PAY.
By electronically confirming this Agreement and Preliminary Information Form, the Buyer confirms true, correct and accurate reception of the information about the address that must be given by the Seller to the Buyer before signing distant sales agreements, basic qualities of the ordered goods or services, the price of the goods and services including taxes, payment and delivery as well as the delivery price.
In the event that the relevant bank or financial institution does not pay the value of the goods or services to the Seller due to the fact that the credit card of the Buyer is used by unauthorised persons in an unfair and unlawful manner not resulting from the fault of the Buyer following the delivery of the goods and services, the Buyer shall be responsible for returning the goods and services within 3 (three) days to the Seller provided that they have been delivered to the Buyer. In this case, the delivery costs shall be paid by the Buyer.
The Buyer may submit demands and complaints in his/her capacity as the consumer using the above mentioned contact information of the Seller.
STATEMENTS AND WARRANTIES OF THE SELLER
The Seller is responsible for delivering the goods and services subject to the Agreement to the Buyer in accordance with the consumer legislation in a sound, complete status, in line with the qualities specified in the order, and together with the warranty documents and user manuals, if any.
In the event that the Seller cannot deliver the goods and services within the given period, it is responsible for notifying the Buyer within 3 (three) days after discovering it.
If the goods and services subject to the agreement are to be delivered to someone other than the Buyer, the Seller cannot be held responsible in the event that the receiver does not accept delivery.
RIGHT OF WITHDRAWAL
The Buyer can use his/her right of withdrawal within 14 (fourteen) days following the date of delivery in transactions related to sales of goods and following the date of purchase in transactions related to sale of services without taking any legal and criminal liability and without showing any reason.
The Buyer can also use his/her right of withdrawal within the period until the date of delivery of the goods.
The Buyer can use the right of withdrawal by withdrawal form given to the Buyer together with the order and submitting it to the Seller.
The Buyer needs to send the goods back on the date of withdrawal or within 10 (days) following the withdrawal.
The box, package, standard accessories, if any, other products given as gifts together with the goods must be returned in full and undamaged.
The Buyer must use the goods in line with their functions, technical specifications and usage instructions within the withdrawal period.
The shipment fee for any returns belongs to the Buyer.
All payments made by the Buyer to the Seller in connection with the relevant goods and services shall be returned in single payment to the Buyer within 14 (fourteen) days after the Buyer exercises the right of withdrawal (provided that the goods are sent through the courier specified by the Seller for return) in accordance with the method of payment used by the Buyer during the purchase and without inflicting any costs or obligations on the consumer.
In the event that there are justified reasons for refusing return of the goods, the Seller shall provide the Buyer with goods/services with equal quality and price before the end of the execution period specified in the agreement. If the Seller thinks that it is not possible to deliver the goods/services, it shall notify the Buyer within 3 (three) days after finding it out. In this case, the Seller shall return the paid amount and documents, if any, to the Buyer within 14 (fourteen) days. The shipment fee for returning belongs to the Buyer. In the event that the Buyer sends the goods with a courier company other than the contracted courier company specified by the Seller in the Preliminary Information Form, the Seller shall not be responsible for the return shipment fee and damages incurred by the goods during the shipment period.
The courier company with which the goods shall be sent to the Seller by the Buyer in case of return: UPS
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The Buyer cannot exercise the right of withdrawal in the following cases under the legislation:
a) Agreements related to goods or services whose prices change depending on the fluctuations in the financial markets and are not under the control of the seller or supplier.
b) Agreements related to goods prepared in line with the requests and personal needs of the consumer.
c) Agreements related to return of goods that are perishable or whose expiry dates may exceed.
d) Agreements related to return of goods whose protective elements such as package, tape, seal, pack etc. are opened after the delivery, which are not suitable for return in terms of health and hygiene.
e) Agreements related to goods that are mixed with other products and are not separable by nature.
f) Agreements related to books, digital content and consumable computer materials provided in a material environment if the protective elements such as package, tape, seal, pack etc. are opened after the delivery of the goods.
g) Agreements related to delivery of periodicals such as newspaper and magazine other than those provided within the scope of a subscription agreement.
h) Agreements related to accommodation, moving, rent a car, catering and recreation activities that must be made on a certain date or in a certain period.
i) Agreements related to services instantly offered in electronic environments or intangible goods that are instantly delivered to the consumer.
j) Agreements related to services that begin to be rendered with consumer approval before the end of the withdrawal period.
DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer is in default in transactions made with a credit card, he/she shall pay interest under the credit card agreement made with the bank owning the card and be accountable to the bank. The bank may take legal actions in this case as well as requesting the related expenses and counsel fee from the Buyer. The Buyer shall be responsible for all kinds of damage and loss incurred by the Seller if the Buyer lapses into default.
PERSONAL DATA PROTECTION
The Seller company John Wright Photography is a “data controller” under the Personal Data Protection Law No 6698 (“the Law”).
Personal data conveyed by the Buyer to the Seller for execution of the Agreement can be processed under the personal data processing requirements specified in Articles 5 and 6 of the Law in order to make sure that the order subject to the Agreement is delivered, products/services are delivered, invoices are issued, payments are tracked, details about the Buyer are updated, memberships are managed and maintained and other technical, logistical and other similar functions of the Website are executed and the data can be transferred between the inter-corporate departments/units of the Seller or to business partners, suppliers, group companies, company officials, employees, shareholders, consultants, competent authorities and natural persons or persons, institutions and/or organisations that are legally obligated or allowed, including but not limited to all public legal entities that are authorised to receive data under Articles 8 and 9 of the Law.
Personal data are gathered verbally, in writing, electronically or in ways that are fully or partially automatic or not automatic as part of any data registration system as limited to the information given by the Buyer through the Website in order to process them for fulfilment of the Buyer’s legal obligations, execution of the distant sales agreement, establishment, exercise and protection of mutual rights gained in this context, and legal reasons such as protection of the Buyer’s legitimate interests by looking out for his/her fundamental rights and freedom within the legal reasons that emerge and are executed based on the relevant legislations, agreements, demands, commercial customs, and good faith.
The Buyer is entitled to learn whether the gathered personal data are processed, request information if they are processed, learn the purpose of processing the personal data and whether they are used in a way suitable for the purpose, know about the third parties in and out of the country to whom the data are transferred, ask for correction if personal data are processed insufficiently or wrongfully, request deletion or disposal of personal data under the conditions specified in Article 7 of the Law, request notification about the above-mentioned correction, deletion or disposal transactions to third parties to which the data are transferred, object to results that are not in their favour because the processed data are analysed exclusively through automatic systems, and demand compensation of losses resulting from illegal processing of personal data by applying to the Seller using the contact details given at the beginning of the Agreement.
Precautions necessary for security of transactions and information entered by the Buyer into the Website are taken by the Buyer in the system infrastructure on the Buyer’s part within the current technical possibilities depending on the nature of information and transactions. Furthermore, the Buyer is responsible for taking the necessary precautions including those related to virus and similar harmful practices so that the above mentioned information is protected by the Buyer and cannot be accessed by irrelevant persons as the information is entered from the Buyer’s device.
All intellectual/industrial rights and property rights excluding those belonging to other third parties under any agreement made by the Seller belong to the Seller in connection with all kinds of information and content at the Website and arrangement, revision and partial/full use of such information. All or some of the products purchased by the Buyer and/or any information, software or service obtained from the product cannot be altered, copied, distributed, reproduced, published, subjected to derivative activities, transferred or sold. The Buyer accepts and undertakes not to use the product purchased under this agreement for illegal purposes and/or in ways that are prohibited. Otherwise, all legal and criminal responsibilities shall belong to the Buyer, and the Seller reserves its right to make compensation and other claims resulting from unauthorised use in case of claims and demands made against the Seller by third parties and competent authorities.
NOTIFICATIONS AND EVIDENTIAL CONTRACT
The Buyer and the Seller accept and undertake that the correspondence addresses given at the beginning of this distant sales agreement are valid notification addresses and notifications made to these addresses shall be considered valid.
The Buyer accepts, declares and represents that the official books and commercial records of the Seller, electronic information and computer records kept in his/her own database, servers etc. shall constitute binding, final and exclusive evidence and an evidential contract under Article 193 of the Civil Courts Law No 6100 in case of conflicts resulting from this Agreement.
RESOLUTION OF CONFLICTS
The responsibility in connection with the sold goods and services belongs to the Seller under the Consumer Protection Law No 6502 and Distant Sales Regulation. Furthermore, the Buyer may convey his/her complaints related to the purchased goods and services to the Seller directly or via the Website. The Seller shall provide all kinds of support for solving the problem after the complaint is submitted.
Applications regarding conflicts in connection with the Agreement up to the amount announced every year by the Ministry of Customs and Trade can be made to provincial or district Arbitration Committees for Consumer Problems and applications for conflicts exceeding this amount can be made to consumer courts.
This agreement was signed and entered into force after being electronically approved by the Buyer.
This agreement shall be sent to the e-mail address given by the Seller immediately after it is signed and it shall be kept by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of this Agreement by sending an e-mail to the email@example.com e-mail address of the Seller.