Distance Selling Agreement
Distance Selling Agreement
ARTICLE 1 – PARTIES
1.1 SELLER:
Company Name: Novo Foreign Trade Limited Company
Address: Yukarı Mah. Serhat Sok. Huzur Apt. No:8/4 Kartal, Istanbul / Türkiye
Phone: +90 536 574 97 70
Email: info@novocamping.com
1.2 BUYER:
Name / Surname / Company Name:
Address:
Phone:
Email:
ARTICLE 2 – SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER via the website www.novocamping.com belonging to the SELLER.
ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT
Date:
Product Details:
The type, kind, quantity, brand/model, color, and sales price of the products are as stated above.
Payment Method:
Delivery Address:
Payment Details:
Installment Amount (if any):
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are informed about the basic characteristics of the product subject to the Agreement, its sales price, payment method, and delivery conditions on the website www.novocamping.com, and that they have given the necessary confirmation electronically.
4.2 The product subject to the Agreement shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days.
4.3 If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if such person/organization does not accept the delivery.
4.4 The SELLER is responsible for delivering the product subject to the Agreement complete, undamaged, in accordance with the specifications stated in the order, and, if applicable, together with warranty documents and user manuals.
4.5 Delivery of the product is subject to the signed copy of this Agreement being received by the SELLER and the payment being made in accordance with the BUYER’s selected payment method. If, for any reason, the payment is not made or is canceled in bank records (including bank transfer payments not completed within one week), the SELLER shall be deemed released from the obligation to deliver the product.
4.6 If, after delivery, the BUYER’s credit card is unlawfully used by unauthorized persons without the BUYER’s fault and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered. In this case, shipping costs shall be borne by the BUYER.
4.7 If the SELLER cannot deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER shall notify the BUYER within 3 days. In this case, the BUYER may choose to cancel the order, request a replacement with an equivalent product, or postpone delivery until the obstacle is removed. If the BUYER cancels the order, the amount paid shall be refunded within 14 days.
4.8 Defective or faulty products, whether covered by a warranty or not, may be sent to the SELLER for necessary repairs within warranty conditions. In such cases, shipping costs shall be covered by the SELLER.
4.9 In the event of termination of the Agreement, the SELLER shall refund all payments received, including delivery costs, together with legal interest as determined under Law No. 3095, within 14 days from the date the termination notice is received.
ARTICLE 5 – RIGHT OF WITHDRAWAL
Voluntary Return Guarantee
Without prejudice to the right of withdrawal, the BUYER may exercise the right to withdraw from the contract within 30 (thirty) days from the date the product is delivered, without any legal or penal liability and without providing any reason.
To exercise this right, the BUYER must notify the SELLER in writing within 30 days via the website, registered mail, email, or fax.
To process the return, the return form provided must be completed in full and included in the return package, and the return request must also be submitted via www.novocamping.com.
Returned products must be delivered with their box, packaging, and all standard accessories.
The SELLER is obliged to refund the total amount within 14 days from the receipt of the withdrawal notice. Refunds shall be made using the same payment method without any additional cost to the BUYER. For installment payments made by credit card, the refund is processed in one transaction to the bank, and the bank may refund it in installments.
Shipping costs for products returned due to the right of withdrawal shall be covered by the SELLER.
ARTICLE 6 – PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products prepared in line with the BUYER’s requests or personal needs, products not suitable for return due to their nature, products that may deteriorate rapidly or expire, and products such as audio/video recordings, software, and computer consumables if their packaging has been opened.
ARTICLE 7 – DEFAULT PROVISIONS
If either party fails to fulfill its obligations arising from this Agreement, the provisions of Articles 106–108 of the Turkish Code of Obligations regarding default shall apply.
In case of default, the non-breaching party shall grant a period of 7 days for performance. If the obligation is still not fulfilled within this period, the breaching party shall be deemed in default, and the other party shall have the right to demand performance, request delivery of the goods, and/or terminate the Agreement and request a refund.
In accordance with Article 9 of the Regulation on Distance Contracts, if the SELLER cannot fulfill its obligations due to the impossibility of supplying the product (e.g., inability to procure from the supplier), it undertakes to inform the BUYER before the performance period expires. In this case, the SELLER has the right to terminate the Agreement and refund the product price and any related documents.
If the SELLER cannot fulfill its obligations due to force majeure events such as severe weather conditions, transportation disruptions, fire, earthquake, or flood, the BUYER may cancel the order or request postponement of delivery. In case of cancellation, the amount paid shall be refunded within 10 days.
ARTICLE 8 – COMPETENT COURT
In the implementation of this Agreement, Consumer Arbitration Committees up to the value declared by the Ministry of Trade and Consumer Courts at the place of residence of the BUYER or SELLER shall have jurisdiction.
By placing an order, the BUYER is deemed to have accepted all terms of this Agreement.
SELLER
Company Name:
BUYER
Name / Company Name: