Distance Sales Agreement
· E-COMMERCE DISTANCE SALES AGREEMENT Article
· Parties
o Seller Name: KEMAL KARABACAK Address: Yeni Mahalle Yıldız Sokak No:6 3 Gerede / BOLU - Turkey Phone: +905324290007 E-mail: info@noppa.com.tr
o Buyer Name – Surname: TCK. No: Address: Phone: E-mail:
· Article 2- Subject The subject of this agreement is the sale and delivery of the product whose specifications and sale price are specified below, which the BUYER ordered electronically from the seller's noppa.com.tr website, and the determination of the rights and obligations of the parties in accordance with the provisions of the Turkish Commercial Code, the Code of Obligations, the Consumer Protection Law No. 6502, and the Regulation on Distance Contracts. The Buyer accepts and declares that the seller has informed them in a clear, understandable, and internet-appropriate manner about all preliminary information regarding the product subject to sale, including the seller's name, title, full address, phone number, and other contact information, the basic characteristics of the product, the sale price including taxes, the payment method, delivery terms and costs, etc., as well as the right of withdrawal and how to exercise this right, and the official authorities to whom they can submit complaints and objections, etc., that the Buyer has confirmed this preliminary information electronically, and subsequently placed an order for the product in accordance with the provisions of this agreement. The preliminary information on the noppa.com.tr website and the invoice issued upon the order placed by the buyer are inseparable parts of this agreement.
· Article 3- Contract Subject Product/Payment/Delivery Information The type and kind of product/products ordered electronically, quantity, brand/model, sale price, payment method, recipient, delivery address, invoice information, and shipping fee are specified below. The person to be invoiced and the person entering into the agreement must be the same. The information below must be accurate and complete. The Buyer accepts full responsibility for any damages arising from the inaccuracy or incompleteness of this information and accepts all liability that may arise from this situation. The SELLER reserves the right to stop the order in cases where it deems necessary and the information provided by the BUYER does not match the facts. If the SELLER cannot reach the BUYER through the phone, e-mail, and postal address provided by the BUYER when a problem is detected in the order, it will suspend the activation of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter during this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent damage to both parties. Received Product /Product Name, code: … quantity Total Sale Price: …. –TL/USD Payment Method: Credit Card/Bank Transfer (EFT) Recipient: Phone number: Delivery Address: Person/Entity to be Invoiced: Invoice Address: Tax Office: Tax Registration Number: Shipping Fee: … -TL/USD For countries outside Turkey, the shipping cost and any additional expenses that may arise at customs will be added separately.
· Article 4- Contract Date and Force Majeure The contract date is the date on which the order was placed by the buyer, ../../…. At the date the contract was signed, situations that did not exist or were not foreseen, which occur outside the control of the parties, and which make it impossible for one or both parties to partially or fully fulfill the obligations and liabilities imposed on them by the contract or to fulfill them on time due to their occurrence, will be accepted as force majeure (natural disaster, war, terrorism, uprising, changes in legislative provisions, seizure, strike, lockout, major malfunctions in production and communication facilities, etc.). The party affected by force majeure shall immediately notify the other party in writing of the situation. During the continuation of force majeure, neither party shall be held liable for their inability to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to unilaterally terminate the contract.
· Article 5- Rights and Obligations of the Seller
· 5.1. The Seller accepts and undertakes to fully fulfill the obligations imposed on it by the contract in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, except in cases of force majeure.
· 5.2. Persons under 18 (eighteen) years of age cannot shop on noppa.com.tr. By shopping on the website, the Buyer undertakes that they are over 18 years of age. The Seller cannot be held responsible in any way for actions taken by a user under 18 years of age who opens an account on noppa.com.tr.
· 5.3. Noppa Elektronik is not responsible for pricing errors caused by system errors. Accordingly, the Seller is not responsible for promotional or pricing errors that may arise due to system, design, or unauthorized interventions on the website. The Buyer cannot claim any rights from the Seller based on system errors.
· 5.4. Shopping on noppa.com.trn.com can be done by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not paid within 1 business day from the order date will be canceled. The time at which orders are processed is not the moment the order is placed, but the moment the necessary payment is collected from the credit card account or the transfer (EFT) reaches the bank accounts. Cash on delivery or other payment methods carried out without consulting customer service are not accepted.
· 5.5. For orders to be paid by bank transfer, there is a “payment notification form” that must be filled out after each order. The payment notification form is a form where the Buyer indicates that they have paid the amount of the product/products they purchased to the Seller, and it allows these transactions to be carried out more quickly and accurately by the Seller. Noppa - Leather and Leather Products - Belt & Wallet cannot be held responsible in any way for delays caused by the Buyer not filling out this form despite having transferred the amount they owe to the Seller's accounts, or for filling it out incompletely/incorrectly.
· 5.6 The technical specifications of the products ordered by the Buyer are originally included in the manufacturer's technical documentation, and noppa.com.tr is not responsible for errors and inaccuracies in the data provided by the manufacturer. The technical or visual information published on the noppa.com.tr website is entirely for the convenience of its customers, and the suitability of the published data is entirely at the Buyer's discretion. The Seller's preliminary information does not mean a guarantee.
· 5.7 There may be differences in color, size, and text between the product shown in the image and the delivered product due to the web environment. The primary criterion is the manufacturer's technical data regarding the product.
· 5.8 Technical data is updated by manufacturers at certain intervals. Although noppa.com.tr closely follows these updates and uploads them to the website, it cannot guarantee 100% compatibility with the products in its stock.
· 5.9 If noppa.com.tr provides a direct link to a website, all responsibility regarding the content and use of the provided link lies with the user, and noppa.com.tr has no responsibility for the use of the link or its content.
· 5.10 All technical data and images on the noppa.com.tr website may not be used by the user for any reason or for commercial purposes.
· 5.11 Orders placed on noppa.com.tr outside of business hours, on weekends and public holidays, or on dates when the company as a whole or a specific part of it is on administrative leave will be processed on the first business day following the transfer of the payments to the accounts.
· 5.12 The product stocks shown on the noppa.com.tr website may vary because multiple orders for the same product can be placed by different people at the same time. Therefore, the final available product stock will not be the products added to the cart, but the products approved by the system at the time of ordering.
· 5.13 During shopping on the noppa.com.tr website, instant price fluctuations may be observed due to changes in the exchange rate. In this regard, the final pricing is the price shown in the order confirmation email.
· 5.14 Some products on the website include the term “Obsolete” on their detail pages. This means that the manufacturer will no longer produce the product in question and therefore its continuity may not be guaranteed. Although Noppa - Leather and Leather Products - Belt & Wallet tries to place the most up-to-date versions of this information on the website, it is not responsible for the accuracy of the information or any legal consequences that may arise from this information. In this regard, all responsibility lies with the Buyer.
· 5.15 Some products on the website include an “Equivalent” option. Equivalent product means products with similar characteristics or products of a different brand with the same characteristics that can replace the product in question. Although Noppa - Leather and Leather Products - Belt & Wallet updates the product equivalents on the website according to technical data or feedback received from manufacturers, it cannot guarantee the accuracy of the information 100%. The final decision in equivalent research belongs to the Buyer, and Noppa does not accept any legal consequences that may arise due to errors.
· 5.16 There is a messaging module on the website. This module has been prepared to enable Noppa - Leather and Leather Products - Belt & Wallet to serve its customers more quickly and effectively. By using this module, you accept and undertake to share your traffic on the website and the information you use when accessing the website, such as device, browser, location, etc., with Noppa - Leather and Leather Products - Belt & Wallet and the Zopim Application Manager.
· 5.17 The technical data on noppa.com.trn.com is compiled by Noppa - Leather and Leather Products - Belt & Wallet so that users can more easily gather information about the product they are looking for. However, Noppa - Leather and Leather Products - Belt & Wallet cannot guarantee 100% that this technical data refers to the products mentioned. The responsibility for the use of the technical data lies with the user.
· 5.18 The lower limit for orders that can be placed on noppa.com.tr is 2 dollars excluding VAT. There is no possibility of placing an order on the website below this amount.
· 5.19 Noppa - Leather and Leather Products - Belt & Wallet reserves the right to cancel or change all campaigns and promotions offered to users on its websites without the need for any announcement.
· 5.20 Shipping fees are charged for all orders below 200 TL. This fee is an amount that will be reflected on the Buyer's invoice and collected from the Buyer, even if the Buyer picks up the order from the Seller's warehouse or branches themselves.
· 5.21 There is a “money points” application on purchases made from noppa.com.tr websites. Within the scope of this application, the percentage of money points earned and the conditions of use are entirely at the discretion of Noppa Elektronik, and the right to make changes to the application and terminate it is also entirely at the discretion of Noppa Elektronik. There is no requirement to provide any warnings or information to Buyers regarding the specified conditions.
· 5.22 In the sales made by the Seller through the aforementioned websites, the “same-day shipping for orders placed by 15:00” application may not be carried out due to the current operational intensity or the number of items in the order placed, which is not the responsibility of the Seller, and Noppa Elektronik cannot be held responsible for the failure to fulfill the promise subject to this application due to shipping companies and other external factors.
· 5.23 You may find multiple pricing for a product on the website. This situation is related to the minimum package quantity of the material. A discount determined by the Seller is applied for purchases above the minimum package quantity of a material.
· 5.24 noppa.com.tr websites work best with the Google Chrome web browser. The Seller is not responsible for errors related to transactions and displays made from other web browsers.
· Article 6- Rights and Obligations of the Buyer
· 6.1. The Buyer accepts and undertakes to fully perform the obligations imposed on them by the contract, except in cases of force majeure.
· 6.2. The Buyer accepts and undertakes that by placing an order, they are deemed to have accepted the terms of the business contract and that they will make payment in accordance with the payment method specified in the contract.
· 6.3. The Buyer accepts and declares that they have been informed in a clear, understandable, and internet-appropriate manner about all preliminary information regarding the goods subject to sale on the noppa.com.trn.com website, including the seller's name, title, full address, telephone and other contact information, the basic characteristics of the goods subject to sale, the sale price including taxes, the payment method, delivery terms and costs, etc., as well as the right of withdrawal and how this right may be exercised, and the official authorities to whom they may submit complaints and objections, etc., and that they have confirmed this preliminary information electronically.
· 6.4. Subject to the previous article, the Buyer declares that they have read and are informed about the product order and payment terms, product usage instructions, measures taken against possible situations, and warnings, as well as the noppa.com.tr order/payment/usage procedure information, and that they have provided the necessary confirmation electronically.
· 6.5. The Buyer accepts and undertakes that if they wish to return the product they received, they will not damage the product or its packaging in any way, will not tear or destroy the tax stamp, will not use the product in any way, will not replace it with another product, and will return the original invoice and delivery note at the time of return.
· 6.6 After the product intended for return due to any defect is delivered to our company via our contracted courier company, the product will be subjected to a technical examination. Depending on the conformity report issued as a result of this examination, if the return of the product is accepted, the Buyer will be contacted and either the product will be replaced with another available product, or a refund will be issued. These processes cover a total period of 3 to 15 days.
· Article 7- Order/Payment Procedure Order: After the total TL amount (including VAT) of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the Buyer, it will be processed through the POS of the relevant bank card. This 6.7 If the order created by the Buyer on noppa.com.tr contains SENSECAP M1 LORAWAN GATEWAY products, the Buyer is deemed to have accepted the articles in the ANNEX-1 Protocol in addition to this contract. For this reason, an order confirmation email is sent to the customer before the orders are dispatched. Shipment will not be made unless an Order Confirmation email is sent. Only items shown as in stock on noppa.com.tr can be ordered. All other stock data is for informational purposes only and is closed to sale through the system. For products not in stock, you can call customer service, use the notify me module, or send an email to info@noppa.com.tr. Minimum Order Quantity; Defines the smallest quantity of a product in stock that can be sold. Purchases made through noppa.com.tr must be in multiples of the Minimum Order Quantities of the products. No purchase can be made below the minimum order quantity or outside its multiples. Any disruption in the process or problems that may arise regarding the credit card will be notified to the Buyer using one or more of the phone/fax/email methods specified in the contract. If necessary, the Buyer may be asked to contact their bank. The time when orders are processed is not the moment the order is placed, but the moment the necessary collection is made from the credit card account or it is determined that the transfer (EFT) has reached the seller's accounts. Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the Buyer will be immediately informed in a clear and understandable manner, and if they give their approval, another product of equal quality and at the same price may be sent to the Buyer, or another new product may be sent in accordance with the Buyer's desire and choice, the product may be expected to enter the stock or the other obstacle preventing delivery may be removed, and/or the order may be canceled by the Buyer or the Seller. In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the Buyer will be informed of this situation, and the total amount they paid and any documents that may have indebted them will be returned to them within ten days at the latest, and the contract will be canceled. In such a case, the Buyer will not have any additional claim for material or moral damages from the Seller. Payment: At noppa.com.trn.com, cash transfer order options have been offered to Buyers who do not wish to use their credit card information online. When paying by transfer, the Buyer can choose the bank most suitable for them and make the transfer. If an EFT has been made, the date it enters the account will be considered. When making a transfer and/or EFT, it is necessary that the “Sender Information” is the same as the Invoice Information, that the transfer order number is written in the transfer description section at the bank, and that the transfer amount is exactly the same as the “amount to be paid”. Transfers not made within 1 business day after the order is placed will result in the order being canceled. For orders to be paid by bank transfer, there is a “payment notification form” that must be filled out after each order. The payment notification form is a form indicating that the Buyer has paid the amount of the product/products they purchased to the Seller, and it allows these processes to be carried out more quickly and accurately by the Seller. The “Bank where payment was made”, “Person who sent the payment”, and “Amount paid” sections on this form must be filled out completely. Noppa - Leather and Leather Products - Belt & Wallet cannot be held responsible in any way for delays caused by the Buyer not filling out this form despite having a transfer history of the amount they owe to the Seller's accounts, or for filling it out incompletely/incorrectly. In purchases made through noppa.com.tr, product prices are shown in American Dollars on the product selection screen and in the cart, and when the order is completed and the payment screen appears, they are calculated based on the American Dollar exchange rate of that day, converted to Turkish Lira, and invoiced in Turkish Lira. After the delivery of the product, if the Buyer's credit card is used by unauthorized persons in an unfair or unlawful manner due to a reason not caused by the Buyer's fault, and the relevant bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to send the product delivered to them or to the person they designated to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer. If the Buyer has preferred to pay by credit card, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER.
· Article 8- Shipping/Delivery Procedure Shipping: With the sending of the order confirmation email, the product/products are given to the courier company contracted by the Seller. Delivery: The product/products will be delivered to the Buyer's address by the courier contracted by the Seller. The delivery period is 30 days from the sending of the Order Confirmation email and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the Buyer is notified in writing or through a continuous data carrier in advance. Additional periods that may arise due to customs procedures in deliveries outside Turkey will be added separately. The Buyer accepts that they reserve the right to cancel the sale without stating any reason according to Noppa's delivery location. Products are sent to regions where courier companies do not make address deliveries with a phone notification. In regions where the courier company makes deliveries one day a week, there may be a delay in the specified day due to inaccuracies and deficiencies in the shipping information, as well as some social events and natural disasters. The Buyer cannot hold the Seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the Buyer is responsible for the extra courier costs and delays that may arise from the person/organization not accepting the delivery, inaccuracies in the shipping information, and/or the Buyer not being present, and the Seller is not responsible. If the product/products do not reach the customer within the specified days, delivery problems must be reported immediately to customer service using the info@noppa.com.tr email address. In case of a damaged package; Damaged packages should not be accepted, and a report should be obtained from the courier company official. If the courier company official is of the opinion that the package is not damaged, the Buyer has the right to have the package opened there, to check that the products are delivered undamaged, and to have the situation determined with a report again. Once the package is accepted by the Buyer, it is accepted that the courier company has fully performed its duty. If the package is not accepted and a report is obtained, the situation should be reported to the Seller's Customer Service as soon as possible with the copy of the report remaining with the Buyer.
· Article 9- Procedure Regarding Product Return and Right of Withdrawal For products purchased through noppa.com.tr, withdrawal or return rights are available under the following conditions.
· 9.1. Within the scope of the Consumer Protection Law No. 6502, the Buyer has the right to return the product/products they purchased within 14 days by exercising their right of withdrawal, without stating any conditions, after receiving them from the courier company. To exercise the right of withdrawal, there is also an “Order Cancellation and Return” option under the my orders tab on the website. After clicking the return option, the form that opens must be filled out completely. In this context, if the return of the product/products intended to be returned is made through the courier company contracted by the Seller, the Buyer will not pay any courier fee. The conditions for return are as follows, • The “Return Form” in the my account tab must be filled out completely • The courier company must make the return within 14 days at the latest from the delivery of the order to the Buyer. • In accordance with the General Communiqué of the Tax Procedure Law No. 385, the invoice of the product/products must absolutely be sent within 10 days from the date of the withdrawal notification, by filling out the return sections at the bottom completely and signing it, and if any, together with the delivery note. (If the invoice of the product intended to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns issued in the name of institutions will not be completed unless a RETURN INVOICE is issued.) • The original packaging and/or the packaging prepared by Noppa - Leather and Leather Products - Belt & Wallet must not be opened or damaged in any way, and the tax stamp must not be torn or destroyed. • Returns of products clearly prepared according to the customer's special needs (custom design) are not possible.
· 9.2. If the above conditions are met, the product/products to be returned will be examined by Noppa - Leather and Leather Products - Belt & Wallet and, if necessary, by the product manufacturers to evaluate whether they are suitable for return. The duration of this process is 1-15 days. If it is determined that the products are suitable for return, the product price will be refunded to the Buyer in the same way they purchased it. The duration of this is also maximum 10 days. Noppa - Leather and Leather Products - Belt & Wallet is not responsible for delays caused by the bank in credit cards.
· 9.3. A decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is caused by the consumer's fault, the consumer must compensate the Seller for the value of the goods or the decrease in value. If the Seller thinks that the return of the goods sent by the Buyer has become impossible, they must notify the Buyer of this situation within 3 days at the latest from the date they received the goods.
· 9.4. In case of return of goods and services purchased with a card, the Seller cannot pay the Buyer in cash due to the contract made with the Bank. The member merchant, i.e., the Seller, will make the return through the relevant software in case of a return transaction, and since the member merchant, i.e., the Seller, is obliged to pay the relevant amount to the Bank in cash or by offset, cash payment cannot be made to the Buyer in accordance with the procedure whose details are specified above. The refund to the credit card will be made by the Bank according to the above procedure after the Buyer has paid the amount to the Bank in one installment.
· 9.5. For commercial transactions outside the scope of Law No. 6502, the provisions of the Turkish Commercial Code will be valid regarding defects, latent defects, or return matters.
· Article 10-Warranty noppa.com.tr, only if the products it receives from its manufacturers have transferable manufacturer warranties, will assist the Buyer in initiating the warranty process within a period that the manufacturer may determine. At this point, the Buyer must deliver the broken/defective product they wish to return to the Seller. If it is understood that a counterfeit, imitation, or non-original product is intended to be returned in place of the original, the Seller is free to take the actions required by the legislation in force. At this point, all responsibility belongs to the Buyer. For products supplied by noppa.com.tr other than Manufacturers, there is no concrete and positive warranty application. In this case, the warranty is entirely at the Seller's discretion. noppa.com.tr is not responsible for any kind of claim that may arise under these conditions. The Seller's warranty responsibility is valid only for consumers covered by Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code will be valid.
· Article 11-Confidentiality The information specified in this contract by the Buyer and the information they provided to the Seller for the purpose of payment will not be shared with third parties by the Seller. The Seller may only disclose this information in the presence of an administrative/legal obligation. The Seller may provide the information requested from them to the relevant authority in any judicial investigation with documented research authority if they have the information in their possession. Credit Card information is absolutely not stored. Credit Card information is only used to securely transmit to the relevant banks during the collection process to obtain authorization and is deleted from the system after authorization. The Buyer's email address, postal address, and telephone information are only used by the Seller for standard product delivery and information procedures. During some periods, campaign information, information about new products, and promotional information may be sent to the Buyer after their approval. In cases where the security of the site or the terms of use are violated by the user in a way that constitutes a crime, the information useful for the identification and prosecution of the relevant person will be shared with the law enforcement agencies.
· Article 12- Website Security noppa.com.tr uses RapidSSL TLS 1.0, one of the most advanced encryption systems. This is a cryptographic protocol that provides secure communication over a computer network. To actively use this protocol on your computer, a secure browser that supports the protocol is required. By accessing the site from a secure browser, you will have transmitted your information to us in the most secure way. But it should also be remembered that the reliability of no data on the internet is one hundred percent. The risk regarding your personal information lies with you at this point.
· Article 13- Access to the Site, Protection of Account Information In order to shop from noppa.com.tr ,the buyer must create a username and password. Only the person shopping determines this username and password and it is exclusive to that person. The username and password must be correct and complete. Both the username and password together will be referred to as the buyer's identity, and the security and confidentiality of this identity are entirely the responsibility of the buyer. The buyer will be fully responsible for any activity carried out by different persons or institutions within the site with the buyer's identity information. Therefore, if the buyer notices that anyone other than the buyer has logged into the site with the buyer's identity, they should send an email to info@noppa.com.tr to complain about this situation. noppa.com.tr reserves the right to monitor the identity information and, at its own discretion, request its change or deletion. The buyer knows that no data is one hundred percent secure on the internet. Although noppa.com.tr uses the most advanced security systems, it knows and accepts that there are risks regarding the use of information by malicious 3rd parties and that Noppa has no liability attributable to it. Article 14- Competent Court and Enforcement Offices in Case of Dispute In case of disputes arising from the implementation of this agreement, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Buyer or Seller are authorized up to the value announced by the Ministry of Industry and Trade every December. In commercial transactions that do not fall under the scope of the Consumer Protection Law No. 6502, the Istanbul Anatolian Courts and Enforcement Offices will have jurisdiction and authority. In the event that the order is placed, the Buyer is deemed to have accepted all the terms of this agreement. …/…/…