Distance Sales Agreement

1. PARTIES
This Distance Selling Agreement (" Agreement ") 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 Agreement.
2. DEFINITIONS
In the application and interpretation of the Agreement, the terms written below will refer to the written explanations opposite them.
BUYER
:
A natural person who acquires, uses or benefits from a Good or Service for non-commercial or non-professional purposes,
Ministry
:
Ministry of Trade of the Republic of Türkiye,
Bank
:
Licensed institutions established in accordance with the Banking Law No. 5411,
Oysun - Intermediary Service Provider
:
Oysun Energy Education and Livestock Production Limited Company, which operates the Platform where the Seller offers the Product/Service for sale through the system it has created and acts as an intermediary in establishing a distance contract on behalf of the Seller,
Service
:
The subject of any consumer transaction other than the provision of Products that is made or promised to be made in return for a fee or benefit,
Law
:
Consumer Protection Law No. 6502,
Cargo Company
:
The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer, or in the case of returns, the delivery from the Buyer to the Seller or Oysun,
Preliminary Information Form
:
The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the contract is formed or any offer is accepted by the Buyer in return,
Platform
:
Oysun's website called takmagaza.com and its mobile application, if any,
Sales person
:
A natural and/or legal person, including public legal entities, who offers Products/Services to consumers for commercial or professional purposes or acts on behalf of or on behalf of the Product/Service provider and whose information is included in Article 5 of the Agreement,
Agreement
:
The Contract concluded between the Seller and the Buyer,
Product
:
Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic media,
Regulations
:
It refers to the Distance Contracts Regulation.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. The subject of the Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and Regulation regarding the sale and delivery of the Product/Service with the qualities specified in the Agreement, for which the Buyer has placed an electronic order on the Platform for the purchase of the Product/Service, and the Parties accept, declare and undertake that they are aware of and understand their obligations and responsibilities arising from the Law and Regulation under the Agreement.
3.2. The conclusion of the Agreement shall not prevent the execution of the provisions of the agreements that the Parties have separately concluded with Oysun, and the Parties acknowledge, declare and undertake that Oysun is not a party to the sale of the Product/Service or the Agreement in any way, and that it has no responsibilities or commitments other than those assigned to it under the Law and Regulations regarding the fulfillment of the Parties' obligations under the Agreement.
3.3. In accordance with the legislation, the following Product/Service sales are not within the scope of the Agreement.
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunication operators via public telephone,
d) Services related to betting, drawings, lotteries and similar games of chance,
e) Formation, transfer or acquisition of real estate or rights related to these properties,
f) Housing rental,
g) Package tours,
h) Timeshare, timeshare, long-term holiday services and their resale or exchange,
i) Delivery of daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,
j) Passenger transportation services,
k) Installation, maintenance and repair of products,
l) Social services to support families and individuals, such as nursing home services, child, elderly or patient care.
m) Value-added electronic communication services that do not include subscription and are fully performed simultaneously via short messages, and value-added electronic communication services offered by donations and public institutions within the scope of Law No. 2860 on Fundraising, dated 23/6/1983.
4. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
The Buyer accepts, declares and undertakes that, before the order is placed and the Contract is established, he/she has been informed accurately and completely about all matters related to the conclusion and implementation of the Contract, including those listed below, including all general and specific explanations on the relevant pages and sections of the Platform, the Contract, the Preliminary Information Form and other forms, and that he/she has read and understood them.
a) Basic characteristics of the Product/Service,
b) The Seller's name or title, MERSIS number or tax identification number, contact information and other identifying information,
c) Appropriate tools and methods for the sales process stages during the purchase of the Product/Service from the Platform and for the correction of incorrectly entered information,
d) Electronic contact information where the Seller can obtain information about the Professional Chamber to which he is a member and the rules of conduct stipulated for his profession.
e) The confidentiality, data use-processing and electronic communication rules applicable to the Buyer information implemented by Oysun, the scope of the permissions given by the Buyer to Oysun in these matters, the Buyer's legal rights, the Seller's rights and the methods of exercising the Parties' rights,
f) Shipping restrictions stipulated by the Seller for the Product/Service,
g) Payment methods/instruments accepted for the Product/Service, total sales price of the Product/Service including taxes,
h) Information on the procedures for delivering the Product/Service to the Buyer and additional costs such as shipping-delivery-cargo costs,
i) Other payment/collection and delivery information and time related to the Product/Service and other information regarding the performance of the Agreement and the responsibilities of the Parties in these matters,
j) Information regarding the circumstances under which the Buyer will lose this right, including not exercising the right in a timely manner, in cases where the Buyer cannot exercise this right,
k) In cases where the Buyer has the right of withdrawal, the conditions, period and procedure for exercising this right, information regarding the Cargo Company that the Seller has designated for the return and all financial matters (including the return method and its costs, the refund of the price subject to the Agreement and the discounts and offsets that may be made due to the reward points earned/used by the Buyer during the return),
l) The full address, fax number or e-mail address to which the notice of withdrawal will be sent,
m) Deposits or other financial guarantees, if any, to be paid or provided by the consumer upon the request of the Seller and the conditions related to them,
n) Technical protection measures, if any, that may affect the functionality of digital content,
o) Details of the conditions (special conditions) for the Buyer to benefit from various opportunities that may be applied from time to time on the Platform,
p) Information regarding which hardware or software the digital content can work with, which the Seller knows or is reasonably expected to know,
q) Information regarding all other sales terms and conditions included in the Agreement, depending on its nature, and that after the Agreement is approved and established by the Buyer on the Platform, the Agreement will be sent to the Buyer via e-mail upon the Buyer's request and that the Buyer can access the Agreement through his/her membership account.
r) Information regarding the Buyer's right to apply to the Consumer Court or the Consumer Arbitration Committee in case of dispute.
5. BUYER, SELLER, ELECTRONIC COMMERCE TOOL SERVICE PROVIDER AND INVOICE INFORMATION
BUYER INFORMATION
Person to be Delivered
:
Delivery Address
:
Telephone
:
Fax
:
Email/Username
:
 
 
SELLER INFORMATION
Seller's Trade Name / Name and Surname
:
Seller's Address
:
Mersis Number of the Seller
:
Seller's Tax Identification Number
:
Seller's Phone
:
Seller's Fax Number
:
Seller KEP and Email Information
:
ELECTRONIC COMMERCE TOOL SERVICE PROVIDER INFORMATION
Electronic Commerce Intermediary Service Provider Title
:
OYSUN ENERGY EDUCATION AND LIVESTOCK PRODUCTION LIMITED COMPANY
Electronic Commerce Intermediary Service Provider Address
:
Yenikent Neighborhood, Kuşadası Road, Left Cluster Houses, American College, Block A, No:7/1, Söke/AYDIN
Electronic Commerce Intermediary Service Provider Mersis Number
:
0649107871300001
Electronic Commerce Intermediary Service Provider Tax Identification Number
:
Söke VD- 6491078713
Electronic Commerce Intermediary Service Provider Phone
:
+90 850 307 82 09
Electronic Commerce Intermediary Service Provider Fax Number
:
Electronic Commerce Intermediary Service Provider Complaint/Suggestion Channels
:
Complaints and suggestions can be submitted via the phone number +90 850 307 82 09.
BILLING INFORMATION
Business Name / Name and Surname
:
Tax Office and Tax Identification Number
:
Address
:
Telephone
:
Fax
:
Email/Username
:
Invoice Delivery
:
The invoice will be delivered to the delivery address along with the order during delivery and/or to the e-mail address via e-invoice.
6. PRODUCT/SERVICE INFORMATION
6.1. The basic features of the Product/Service (type, quantity, brand/model, color, number, price) are available on the Platform and can be examined in detail on the Platform.
6.2. All amounts to be paid for the Product/Service (sales price including all taxes, shipping cost, installment difference amount, total discount amount earned in simultaneous purchases from open markets and/or other boutiques, etc.) are shown in the table below.
Product/Service Description
Piece
Cash Price
Subtotal (VAT included)
 
 
Payment Method and Plan
:
Delivery Address
:
Person to be Delivered
:
Billing Address
:
Order Date
:
Delivery Method
:
Delivery Time*