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Distance Sales Contract

 

 

1. Parties

This Distance Sales Contract (" DSC ") has been established electronically between the Buyer and the Seller under the terms and conditions set forth below. The Buyer and the Seller will be referred to collectively as the "Parties" and individually as a "Party" within the scope of the DSC.


1.1. Seller:
Title: {_sellertitle_}
Address: {_selleraaddress_}
Phone: {_sellerphone_}
E-mail: {_sellermail_}

1.2. Buyer:
Name/Surname/Title: {_buyername_} {_buyersurname_}
Address: {_deliveryaddress_}
Phone: {_buyerphone_}
E-mail: {_buyermail_}
ID Number: {_identityid_}

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2. Subject of the Agreement

The subject of this DSC 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 Distance Contracts Regulation regarding the sale and delivery of the product/service, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the www.nextsynt.com website belonging to the SELLER. The BUYER accepts, declares and undertakes that he/she is aware of and understands his/her obligations and responsibilities arising from the Law and the Regulation.

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3. Contractual Product/Service
Date: {_date_}

{_productinformation_}

The type and kind of products, quantity, brand/model color and sales price are as stated above.

Payment method: {_paymentmethod_}
Delivery address: {_deliveryaddress_}
{_paymenttable_}

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4. General Provisions

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4.1. The Buyer accepts, declares and undertakes that he/she has been informed accurately and completely about all general and special explanations on the relevant pages and sections of our website, DSC, Preliminary Information Form and other forms, and all matters related to the contract and application of DSC, including those listed below, and that he/she has read and understood them before the order is created and DSC is established.

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4.2. The Seller accepts, declares and undertakes to deliver the Product/Service in full, in accordance with the qualifications specified in the order and with other information and documents that should be delivered together with the Product/Service.

 

4.3. Each product subject to DSC shall be delivered to the BUYER’s place of residence to the BUYER or the person and/or organization at the address provided by the BUYER, provided that the legal period of 30 days is not exceeded. (For digital products, delivery shall only be made to the e-mail address provided by the person.) In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. However, in the case of sales of Products/Services prepared in line with the Buyer’s request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for Products/Services whose order status is stated as “Pre-Order” or “Production to Order” may also exceed 30 (thirty) days, and the Buyer shall not be able to terminate the contract due to failure to deliver within 30 (thirty) days when purchasing a Product/Service with the status of “Production to Order” or “Pre-Order” prepared in line with the Buyer’s request or personal needs.

 

4.4. Seller may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from DSC.

 

4.5. If the Buyer or the third party designated by the Buyer is not present at the address at the time of delivery, the Seller shall not be responsible for any damages or expenses arising from the Buyer receiving the Product/Service late or not receiving it at all.

 

4.6. The number of Products/Services that the Buyer can order may be restricted by announcements. If the Buyer wants to order more than the specified number of Products/Services, the order may be blocked, and if it is determined after placing the order that the Buyer has ordered more than the specified number of Products/Services, the orders exceeding the specified number may be canceled and in this case, all payments collected, including delivery costs for the canceled orders, if any, will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that the order has been created by accepting these matters and that the orders exceeding the quantity limitation may be blocked and canceled.

 

4.7. For the delivery of the DSC product, the product price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

 

4.8. If the Buyer pays by credit card, the Bank may organize campaigns to apply a higher number of installments than the number of installments selected by the Buyer or to offer additional services such as installment postponement. Such campaigns and the creation of detailed payment plans are at the discretion of the Bank.

 

4.9. If the Buyer and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Product/Service is delivered to the Buyer, the Buyer may be requested to provide the identity and contact information of the credit card holder or to present a document from the Bank stating that the credit card belongs to him/her. The order will be frozen until the Buyer provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.

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4.10. If the amount in question is not paid to the Seller by the relevant Bank as a result of the unfair use of the Buyer's credit card by unauthorized persons after the delivery of the Product, the Buyer accepts, declares and undertakes to return the Product to the Seller within 3 (three) days, with the return expenses being borne by the Buyer.

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4.11. In cases where a refund is required to be made to the Buyer for any reason within the scope of DSC, the Buyer accepts, declares and undertakes that, if the payment was made by credit card, the average process for the amount refunded to the credit card by the Seller to be reflected in the Buyer's account by the bank may take up to 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's account after it is returned to the Bank by the Seller is entirely related to the Bank's transaction process, and that the Bank is responsible for any possible delays and cannot hold the Seller responsible for these.

 

4.12. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller shall notify the consumer in writing or via permanent data storage within three days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, within fourteen days from the date of notification at the latest. The fact that the goods are not available in stock shall not be considered as the fulfillment of the goods fulfillment.

 

4.13. DIGITAL PRODUCTS ARE NOT SUITABLE FOR PHYSICAL SHIPMENT AND DELIVERY WILL BE MADE BY E-MAIL IN A MANNER APPROPRIATE FOR THE PRODUCT NATURE. REGULATIONS IN THE DSC THAT APPLY TO PHYSICAL PRODUCTS, SUCH AS DELIVERY METHODS, ETC. WILL NOT APPLY TO DIGITAL PRODUCTS AND THE RELEVANT REGULATIONS SHOULD BE INTERPRETED IN ACCORDANCE WITH THE PRODUCT CONDITIONS AND DESCRIPTIONS TO THE EXTENT APPLICABLE.


5. Right of Withdrawal
 

5.1. The Buyer has the right to withdraw from DSC within 14 (fourteen) days without giving any reason and without paying any penalty.

The right of withdrawal period starts on the day the DSC is established for the Service; and on the day the Buyer or a third party designated by the Buyer receives the Product for the Product. However, the Buyer may also exercise the right of withdrawal during the period from the establishment of the DSC to the delivery of the Product.

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In determining the period of the right of withdrawal;

a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,

b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,

c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or a third party designated by the consumer receives the first good.

is taken as basis.

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In cases where Product delivery and Service performance occur together, the provisions of the right of withdrawal regarding Product delivery apply.
 

5.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER via e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set out in this DSC. In case of exercising this right ;
5.2.1. The invoice of the product delivered to the person or the BUYER (the invoice will be delivered to the buyer's e-mail address within 7 days at the latest from the delivery of the order) , (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
5.2.2. A return form will need to be prepared.
5.2.3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
5.2.4. The SELLER is obliged to return the total price and the documents that bind the BUYER to the BUYER within 14 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within
10 days.          

5.2.5. If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his/her fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period.
5.2.6. If the amount falls below the campaign limit set by the SELLER due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

 

5.3. The right of withdrawal cannot be used in service contracts where the service has started to be provided with the consumer's approval before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the BUYER. By accepting this DSC, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.


6. Products for Which the Right of Withdrawal cannot be Exercised


6.1. The Buyer cannot exercise the right of withdrawal in the following contracts:

6.1.1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.

6.1.2. Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
6.1
.3. Contracts for the delivery of goods that are perishable or subject to expiration

6.1.4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
6.1.5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
6.1.6. Contracts regarding books, digital content and computer consumables, data recording and data storage devices presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
6.1.7. Contracts regarding the delivery of periodical/non-periodical publications such as newspapers, magazines, guides, brochures, other than those provided within the scope of the subscription agreement; contracts regarding online training/courses (detailed correspondence with the buyer after purchase also replaces the training/course).
6.1.8. Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
6.1.9. Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
6.1.10. Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
6.1
.11. The specified products and reasons are products for which the RIGHT OF WITHDRAWAL CANNOT BE EXERCISED; Cosmetics and personal care products, underwear products, swimsuits, bikinis, BOOKS, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) must be unopened, untested, undamaged and unused in order to be returned.

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6.2. E-BOOKS AND E-BOOK-LIKE GUIDES/FORMS/BROCHURES/MAGAZINES AND PICTURES, PHOTOGRAPHS, ETC. ALL DIGITAL PRODUCTS SOLD ON THE WWW.NEXTSYNT.COM WEBSITE, CREATED IN DIGITAL ENVIRONMENT, ARE PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED, SO THE RIGHT OF WITHDRAWAL CANNOT BE USED. IN SUCH PRODUCTS, THE BUYER ACCEPT THAT THERE IS NO RIGHT OF WITHDRAWAL WHEN CONFIRMING HIS ORDER.

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7. Protection of Personal Data and Intellectual Property Rights

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7.1. The Seller shall process the personal data within the scope of this DSC only for the purpose of providing the Product/Service and in accordance with the Personal Data Protection Law No. 6698 (“LPPD”) and secondary legislation. The Seller accepts, declares and undertakes that it will not process the Buyer’s personal data other than the personal data it accesses through the www.nextsynt.com website and that it will not communicate with the Buyer externally other than through the methods provided through the website.

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7.2. The Buyer accepts, declares and undertakes that it is obliged to check that the personal data provided within the scope of this DSC is accurate, complete and up-to-date, not to share this information with third parties, to take the necessary precautions, including those regarding viruses and similar harmful applications, to prevent access by unrelated persons, and to ensure the security of the personal data in question, otherwise it is personally responsible for any damages that may arise and any claims from third parties.

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7.3. All intellectual and industrial rights and property rights regarding all kinds of information and content of the www.nextsynt.com website and their arrangement, revision and partial/full use, except for those belonging to other third parties in accordance with the Seller's agreement, belong to the www.nextsynt.com website.


8. Competent Court

8.1. In resolving any disputes arising from the application or interpretation of this DSC, the Consumer Arbitration Committees and the courts and enforcement offices of the SELLER's place of residence are authorized, within the monetary limits specified in the law, regarding the Buyer's complaints and objections regarding the SELLER.

 

8.2. This DSC is made for commercial purposes. In case the order is placed, the BUYER is deemed to have accepted all the terms of this DSC.

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9. Notifications

All correspondence between the Parties under DSC will be made in writing via e-mail , except for the mandatory cases listed in the legislation.

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10. Entry Into Force

This DSC consists of 10 (ten) articles and has been concluded and entered into force by being read by the Parties and approved electronically by the Buyer on the transaction date. A copy of the Agreement is available in the Buyer's membership account and can also be sent by e-mail upon request.

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SELLER: {_sellername_}

BUYER: {_buyername_} {_buyersurname_}

DATE: {_date_}

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