top of page

Distance Sales Agreement

1. PARTIES:

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.

  • 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)

NAME SURNAME:
ADDRESS:

  • 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)

NAME- SURNAME: OMG Real Estate Industry Ltd. Sti.
ADDRESS: Sahrayıcedit Mah. Batman Sok. Royal Plaza No:18 K: 13, Sahrayıcedit/Kadıköy, 34734 Kadıköy/Istanbul

By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of Consumers,

REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,

BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,

PARTIES: SELLER and BUYER,

AGREEMENT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.

The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

4. SELLER INFORMATION

Title: OMG Real Estate Industry Ltd. Sti.
Address: Sahrayıcedit Mah. Batman Sok. Royal Plaza No:18 K: 13, Sahrayıcedit/Kadıköy, 34734 Kadıköy/Istanbul
Phone: 0216 572 46 46
Fax: 0216 572 46 41
Email:support@akkay.net

5. BUYER INFORMATION

Person to be delivered
Delivery address
Telephone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.

7.2. The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

7.3. The sales price of the contracted goods or services, including all taxes, is shown below.

Product description

Piece

Unit price

Subtotal
(VAT included)

Shipping Amount

Total :

 

Payment Method and Plan

Delivery address

Person to be delivered

Billing address

Order date

delivery date

Delivery method

7.4.  The shipping fee, which is the product shipping cost, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: Invoice to the invoice address during order delivery 
It will be delivered.

9. GENERAL PROVISIONS

9.1.  The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER, has been informed, and has given the necessary confirmation in electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .

9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's residence, provided that the legal period of 30 days is not exceeded. is done. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. SELLER, To deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, information and documents required for the job, to be free of all kinds of defects, in accordance with the legal requirements, and in accordance with the standards. It accepts, declares and undertakes to perform the work in a way that is within the principles of accuracy and honesty, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.

9.4. SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.

9.5.  If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days. accepts, declares and undertakes. 

9.6. The BUYER shall confirm this Agreement electronically for the delivery of the product subject to the contract, and in the event that for any reason the price of the product subject to the contract is not paid and/or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract shall expire. accepts, declares and undertakes that it will end.

9.7. BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, the price of the product subject to the contract is determined by the relevant bank or financial institution to the SELLER. In case of non-payment, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days at the SELLER's cost of transportation.

9.8. SELLER agrees to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations such as the occurrence of circumstances beyond the will of the parties, unforeseen and preventing and/or delaying the fulfillment of the obligations of the parties. , declares and undertakes. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.

9.9. SELLER'S address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him/her by letter, e-mail, SMS, phone call and has the right to reach the BUYER through other means for communication, marketing, notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.

9.10. BUYER will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

9.11. BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder in the order. may request from the BUYER to submit the statement of the previous month of the credit card used or the letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.

9.12.  The BUYER states that the personal and other information provided by the SELLER while subscribing to the website is true, and that the SELLER will suffer all damages due to the untruthfulness of this information, immediately, in cash and upon the first notification of the SELLER. declares and undertakes that it will indemnify all at once.

9.13. BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

9.14.  The BUYER may in no way use the SELLER's website in a way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. SELLER's website may be linked to other websites and/or other content that is not under the control of the SELLER and/or owned and/or operated by other third parties. These links have been placed for the purpose of facilitating the redirection of the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. ALICI; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, without taking any legal and criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" in this contract. If this right is exercised, 

a) 3. The invoice of the product delivered to the person or the BUYER, (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. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.

D) SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest after the notification of withdrawal is received, and to return the goods within 20 days.

to) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of his fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period. 

f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instantly executed electronically Services or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned as per the Regulation if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the Regulation.

In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.), their packages are unopened, untested, intact. and they must be unused.

12. CASE OF DEFERRED AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections in disputes arising from this contract, consumer problems within the monetary limits specified in the law below, where the consumer's domicile is located or where the consumer transaction is made, will be filed with the arbitral tribunal or the consumer court. Below is the information on the monetary limit: 

Effective from 28/05/2014:

a) 6502, to district consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, as per Article 68 of the Law on the Protection of Consumers,

b)Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,

c)In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.

14. EFFECTIVENESS

When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.

SELLER:OMG Real Estate Industry Ltd. Sti.

BUYER:

DATE:

bottom of page