Sales Agreement
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
This Contract is on one side : OLUDENIZ MAH. 227. SK. BELCEKIZ HOLIDAY VILLAGE NO:2 A INNER DOOR NO: A FETHIYE/MUGLA, 6563 sy. HANUMAN TOURISM TRANSPORT CONSTRUCTION COMPANY, a service provider in accordance with the Law on the Regulation of Electronic Commerce (referred to in the Contract as a "SELLER" or www.hanuman.com) AND
As a "Member" or "Visitor", www.hanuman.com is among the "BUYER" who uses the domain website
ARTICLE 2 – PURPOSE OF THE CONTRACT
This Distance Sales Agreement ("Contract") is regulated in accordance with the Law no. 6502 on Consumer Protection ("Law") and the Regulation on Distance Contracts No. 20237. HANUMAN TOURISM determines the conditions under which the products and services to be offered to the User will be offered on the website www.hanuman.com and/or through mobile application stores owned by HANUMAN TOURISM.
HANUMAN TOURISM is an electronic commerce service that provides product supply and service to its users. These services are provided through the website that publishes on the domain name of the www.hanuman.com.
The parties to this Agreement acknowledge and agree that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement. Those who use this website are committed to acting under the terms of this agreement, whether they are visitors (visitors: non-members but limited users of www.hanuman.com services), members (users who register by providing personal information to member: www.hanuman.com)
ARTICLE 3- SUBJECT AND SCOPE OF THE CONTRACT
3.1. The subject of this Agreement; Determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation no. 20237 on the sale and delivery of goods or services with the qualifications specified in the Convention, which the BUYER electronically orders for the purchase of goods or services ("Products") from the website named www.hanuman.com domain ("Website").
3.2. After the BUYER approves this Agreement through the website, the price and costs of the Product(s) ordered will be collected by the payment method selected.
ARTICLE 4- CONTRACTUAL PRODUCTS AND PRICES
4.1. Announced prices and promises are valid until updated and amended. The prices announced on a term basis are valid until the end of the specified period.
4.2. Prices for the Products are determined separately for each product, excluding the shipping price, and shown on the products' page.
ARTICLE 5- DELIVERY COSTS AND EXECUTION
5.1. Delivery Address: The delivery address is the address determined by the member or user when registering at www.hanuman.com/ completing the order of the product he/she has given.
5.2. Shipment of the Products will begin no later than 7 (seven) working days after ordering by the BUYER if it is in stock.
5.3. The SELLER shall deliver the contracted goods or services to the BUYER in accordance with consumer legislation, in accordance with the consumer legislation, robust, complete, in accordance with the qualifications specified in the order and with user manuals, if any.
5.4. The product will be delivered to the address specified by the BUYER on the order form and in this Agreement and to the authorized person/persons specified. In the event that there is no one to receive the delivery at the address, it is the responsibility of the BUYER to contact the cargo company and follow up on the shipment of the Product. If the product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the absence or refusal to accept the delivery at the address of the person/organization to be delivered. In these cases, any damages arising from the buyer's late delivery of the Product and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
5.5. If the cargo company to make the delivery does not have a branch where the BUYER is located, the BUYER must receive the Product from another close branch to be notified by the SELLER. In this regard, the necessary information will be given to the BUYER by e-mail, SMS or telephone.
5.6. If there is no provision to the contrary of the delivery costs of the Product, it belongs to the BUYER. If the SELLER has declared on the Website that the delivery fee will be covered by him or her specifically for the relevant order, the delivery costs will be the seller's.
5.7. Delivery of goods; If the SELLER's stock is available and after the payment is made, it is made within the promised time. SELLER delivers the Product within 30 (thirty) days at the latest from the ordering of the goods or services by the Buyer, except where it is impossible to fulfill the product product subject.
5.8. If the Product cannot be delivered within a period of 30 (thirty) days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER about the delivery. In this case, the BUYER can cancel the order, order a similar product, or wait until the end of the disaster.
5.9. If for any reason the price of the goods or services is not paid by the BUYER or the payment made is canceled in the bank records, the SELLER shall be deemed free of the obligation to deliver the goods or services.
5.10. In cases where it is impossible to fulfill the ordered goods or services, the SELLER shall notify the BUYER within 3 (three) days from the date of learning of this situation and will refund all payments collected, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.
5.11. The BUYER is responsible for checking the Product as soon as it receives it and, when it sees a problem with the Product caused by the cargo, not accepting the Product and submitting a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
5.12. The BUYER must have paid the price of the Product in full before receiving the Product, unless otherwise prescribed by the SELLER. If the product price is not fully paid to the SELLER before delivery in advance sales, and the amount of the installment due in installment sales is not reimbursed, the SELLER may unilaterally cancel the Contract and not deliver the Product.
5.13. If the payment made by the BUYER for some reason is canceled in the bank records, the SELLER shall be deemed to have been freed from the obligation to deliver the Product. If the bank or financial institution concerned does not pay the seller the price of the goods or services due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons, which is not caused by the defect of the BUYER after the delivery of the Product, the BUYER is obliged to return the goods or services to the SELLER within 3 (three) days provided that it has been delivered to him. In this case, the delivery expenses belong to the BUYER.
ARTICLE 6- BUYER’S STATEMENTS AND COMMITMENTS
6.1. THE BUYER declares that he has read and informed the preliminary information uploaded by the SELLER regarding the basic qualities, sales price and payment method of the Contracted Products on the www.hanuman.com website and the delivery and cargo price and gave the necessary confirmation electronically.
6.2. The BUYER may submit their requests and complaints as consumers using the SATICI contact information above and/or via the [email protected] address.
6.3. By confirming this Agreement and the relevant Clarification Text electronically, THE BUYER confirms that it has obtained accurate and complete information about the address, basic characteristics of the goods or services ordered by the SELLER before the contractual agreement, the price of the goods or services, including taxes, payment and delivery, and delivery price information.
6.4. If the BUYER becomes a legal entity, the BUYER will not be able to enjoy the rights under the Law, especially the right of withdrawal for the Products purchased for commercial or professional purposes. In addition, in cases where the BUYER is a legal entity, in accordance with the tax legislation, the section on the return will be filled in and signed on the invoice to be returned with the Product, as well as in cases where the credit bill must be issued by the BUYER by law. Order returns issued on behalf of legal entities will not be accepted unless the credit memo is issued.
6.5. This Agreement and Disclosure Text will be sent to the BUYER by e-mail after the Contract is approved and established by the BUYER on the Website. The BUYER understands and accepts that the Agreement and the Pre-Information Form can be accessed here as requested. Such texts will be stored by the SELLER for a minimum of 3 (three) years.
6.6. If the BUYER defaults on 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 with the bank itself. In this case, the relevant bank may take legal action; the BUYER may claim the costs and power of attorney fees incurred, and in any case, in the event that the BUYER defaults due to the debt, the BUYER shall be responsible for the damages and losses suffered by the SELLER due to the delayed performance of the BUYER's debt.
ARTICLE 7- RIGHT OF WITHDRAWAL
7.1. THE BUYER has the right to withdraw from this Agreement within 14 (fourteen) days from the date of receipt of the Product without any justification and without paying any punitive conditions. The BUYER may also exercise the right of withdrawal within the period 100% of the delivery of the goods.
7.2. When returning products/products within the scope of the right of withdrawal, the BUYER marks the return reason that includes "returning the products due to the right of withdrawal" from the return reasons on the e-invoice output and signs them with a wet signature and gives them to the cargo to be sent to the warehouse address to be returned.
7.3. The BUYER is entitled to exercise his/her right of withdrawal;
7.3.1. If he is a member of the Website, he can sign the e-invoice printout that comes with the order of the product/products and send them to the return address by selecting the product he wants to return and the reason for return under the title Of My Membership > Account > My Orders,
7.3.2. ………….. by contacting customer service via phone number and following the referrals provided to it or
7.3.3 can follow the steps in article 6.2.
The BUYER must return the goods within 10 (ten) days from the date of exercise of the right of withdrawal, depending on the method of preference. Along with the product, the invoice, the box of the goods, the packaging, the standard accessories, if any, and other products gifted with the Product must be returned completely and undamaged. The BUYER is not responsible for any changes or disruptions that occur if the BUYER uses the product in accordance with its operating, specifications and instructions for use during the withdrawal period. Accordingly, the BUYER may lose the right of withdrawal if there is any change or deterioration due to the fact that the Product is not used in accordance with the instructions, specifications and operation of the Product in the period up to the withdrawal date; At the seller's discretion, the product price to be returned may be discounted as much as the change/deterioration.
7.4. Within 14 (fourteen) days of buyer's exercise of the right of withdrawal, all payments made by the BUYER regarding the relevant Product, including the delivery costs of the Product, if any (provided that the goods are returned through the carrier specified by the SELLER for return), shall be refunded in accordance with the payment instrument used by the BUYER when purchasing and without any costs or obligations to the consumer and at once. Since the reflection of the product price on the BUYER's accounts after the return of the product price to the bank is made by the SELLER is a process that is entirely related to the bank, the BUYER already accepts that it is not possible for the SELLER to intervene and assume responsibility in any way for possible delays.
7.5. In accordance with the legislation, the BUYER does not have the right to withdraw if:
7.5.1. In contracts for goods or services whose price varies depending on fluctuations in financial markets and is not under the control of the SELLER (e.g. in souvenirs such as gold/silver)
7.5.2. In contracts for the delivery of goods prepared in accordance with the buyer's wishes or expressly his personal needs, which are ineligible for repatriation and are in danger of deteriorating quickly or may expire;
7.5.3. From goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of those whose return is not suitable for health and hygiene;
7.5.4. In contracts for goods that are mixed with other products after delivery and cannot be sorted by nature;
7.5.5. In contracts for books, audio or video recordings, software programs and computer consumables offered by the BUYER in a material environment provided that protective elements such as packaging, tape, seals and packages have been opened;
7.5.6. In contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement;
7.5.7. In contracts for accommodation, goods transport, car rental, food and beverage supply and leisure time for entertainment or recreation purposes, which must be made on a specific date or period;
7.5.8. In contracts for the performance of betting and lottery-related services;
7.5.9. In contracts for services that are started to be performed with the approval of the consumer before the expiration of the right of withdrawal;
7.5.10. In contracts related to services performed instantly electronically and intangible goods that are delivered instantly to the consumer (such as coupons).
7.5.11. The right of withdrawal shall not be exercised in terms of goods or services that have been excluded from the scope of the Distance Contracts Regulation (regular deliveries of the SELLER and foodstuffs, beverages or other daily consumables delivered to the BUYER's residence and services in areas such as travel, accommodation, restaurateurship, entertainment sector).
7.5.12. In addition, legal entity BUYERS do not have the right to withdraw.
7.5.13. In cases where the right of withdrawal is used for all or part of the products in question (if any, which the BUYER benefits from), if the minimum purchase amount in the SELLER's free cargo (delivery) campaign is reduced below the minimum purchase amount, the entire uncollected delivery-cargo price within the scope of the campaign will be deducted from the amount to be returned to the BUYER. In cases where the BUYER pays the delivery-cargo fee, the full fee is refunded to the BUYER.
ARTICLE 8- AWARDS AND PROMOTIONS
8.1. In the event that a refund is required to the BUYER due to withdrawal from this Agreement or termination or cancellation of the Agreement, the amount (monetary value) of such prize points, gifts and the like will be withdrawn from the BUYER in relation to prize points that allow discounts, etc. for purchases on the Website. The reimbursation is primarily made by deducting the buyer's existing reward points from the system and, if this is not found, from the price that the SELLER will return to the BUYER.
8.2. If payment to the SELLER in this Contractual Purchase is made in whole/in part with reward points, the reward points and the like used by the BUYER when purchasing the Product from the Website may be refunded to the BUYER (again in points) where the Product price is reimbursed to the BUYER in accordance with this Agreement.
8.3. In cases where the acquisition or use of unfair reward points by the BUYER is determined in any way, the monetary value of such prize points may be collected by the SELLER from the BUYER (credit card, cash and other legal methods). This provision also applies to the price of goods gifted to the BUYER by the SELLER.
8.4. Requests for cash earned from the SELLER or used by the SELLER, such as reward points, gift certificates, etc., are not accepted in any case or in any case.
8.5. The above provisions, if any, apply in comparison to the reward points earned directly from the SELLER.
8.6. The BUYER earns a discount by shopping for the minimum amount in any SELLER campaign, In all cases where the buyer receives or uses a free (gift) product or a gift certificate, the entire discount/discount (if any) is deducted from the amount to be returned to the BUYER in case of going below the minimum amount as a result of the exercise of the right of withdrawal, the requirement for the acquisition/use of the gift certificate etc. disappears or the buyer's campaign conditions cannot be fulfilled by the BUYER in general. This is canceled if the BUYER has earned a gift certificate, points, etc. due to the purchase (virtual/physical), and if he has used (virtual or physical) gift certificates, points, etc., all of these will be deducted from the amount to be returned to the BUYER. In cases where the amount to be returned to the BUYER is not sufficient, the relevant discount/discount/gift product price/gift voucher/point fee is charged to the payment instrument (including credit card, etc.) used by the BUYER during the purchase.
8.7. These provisions apply where the right of withdrawal is exercised, except in cases of liability to the deficiency.
ARTICLE 9- DISPUTE RESOLUTION
9.1. In disputes arising out of this Agreement, the Provincial and District Consumer Arbitration Committees are in charge of the financial limits determined and declared annually by the Ministry of Commerce, and in cases that exceed these limits, the Consumer Courts are in charge. In this context, the BUYER may, if he or she wishes, apply to the Arbitral Tribunals or Consumer Courts in the settlement (residence) of the SELLER.
9.2. Any correspondence between the parties under this Agreement shall be made via e-mail except as required by the legislation. The BUYER acknowledges, declares and undertakes that the official ledger and commercial records of the SELLER, the electronic information and computer records kept in its database and servers in the disputes arising out of this Agreement will constitute binding, conclusive and exclusive evidence, and that this article is an evidence contract in the meaning of Article 193 of the Law No. 6100.
This Agreement consisting of 9 (nine) articles has been concluded and entered into force by reading by the parties, [......], by approving it electronically by the BUYER.