Your Cart

Sales Contract for Non-Consumers

SALES CONTRACT

ARTICLE 1 - PARTIES
Seller'sTrade Name : [.]
Address : [.]
Phone Number : [.]
E-Mail : [.]
Central Registration System No: [.]

Buyer'sName - Surname : [.]
Address : [.]
Phone Number : [.]
E-Mail : [.]Tax Office: [.] Tax No: [.]
Each of the Buyer and the Seller shall be referred to as a "Party" and together as the "Parties".
ARTICLE 2 - SUBJECT AND SCOPE OF THE CONTRACT
2.1.The subject matter of this Contract is the determination of the rights and obligations of the Parties in relation to the sale and delivery of the Goods / Services with the qualifications specified in the Contract, which the Buyer ordered electronically for the purchase of the Goods / Services of the Seller from the website ("Platform") of AZKarbon Elektronik Ticaret ve Hizmetler Anonim Şirketi ("AZKarbon") with the domain name www.azkarbon.com.
2.2. The Buyer accepts and declares that they act for commercial and professional purposes when purchasing the Goods / Services in question and that they are not considered a consumer in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The purchasing relationship between the Buyer and the Seller is subject to the provisions of the Turkish Commercial Code, the Turkish Code of Obligations and other relevant legislation, and the provisions introduced in favour of consumers in the legislation shall not apply.
2.3.The execution of this Contract shall not prevent the execution of the provisions of the Platform membership agreements and similar agreements concluded by the Parties with AZKarbon, and the Parties hereby accept and declare that AZKarbon is not a party in any way in the sale of the Goods / Services subject to this Contract and does not have any responsibility and commitment regarding the fulfilment of the obligations of the Parties under the Contract.

ARTICLE 3 - BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT

Product Code And
Name  Quantity  Seller Title Unit Price Unit Discount  Coupon  Points Total Sales
Amount Delay
Interest including
VAT
Total
Amount[.][.][.][.][.][.][.][.][.][.]
Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

Total cost of Goods/Services excluding shipping: [.]Shipping Fee: [.] TRY Free Shipping (shipping cost belongs to the seller)Total Price Including Shipping: [.] TRY
Payment Method and Plan: [.] with [.] as [.] TRY [.] and/or instant payment with[.] / VAT Inclusive
Maturity Difference Received (if any): [.] TRY
Interest rate used in the interest rate spread (if any) account: % [.]
The said Goods / Service price is collected on behalf of the Seller within the scope of the relevant payment system as shown on the Platform. By paying the price of the Goods / Service as specified on the Platform, the Buyer shall be deemed to have paid the price of the Goods / Service to the Seller. Invoicing for the payment shall be made by the Seller and sent to the e-mail address specified by the Buyer in Article 1.
ARTICLE 4 - DELIVERY OF GOODS AND METHOD OF DELIVERY
4.1. The Contract shall enter into force upon electronic approval by the Buyer and shall be executed by the delivery of the Goods / Services purchased by the Buyer from the Seller to the Buyer. The Goods/Service shall be delivered to the address and authorised person(s) specified by the Buyer in the order form and this Contract. The Buyer undertakes responsibility for the accuracy of the information provided regarding the delivery. The Seller is not obliged to check the accuracy of such information.
Shipment of the Goods / provision of the Service shall commence within[.] business days following the ordering of the Goods / Service by the Buyer.
Delivery Address: [.]
Delivered-to: [.]
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE

5.1. Delivery costs of the goods belong to the Buyer unless otherwise stipulated. If the Seller has declared on the Platform that the Seller shall bear the delivery fee, the delivery costs shall belong to the Seller. The Seller shall perform the Goods/Services within the estimated period specified during the order, depending on the remoteness of the delivery address for each Good/Service, provided that it is not exceeding 30 days following the receipt of the order by the Seller, without prejudice to the cases where it is impossible to fulfil the performance of the Goods/Services subject to the order. In the sales of Goods / Services prepared in line with the Buyer's request or personal needs, the delivery period may exceed the legal maximum delivery period of 30 (thirty) days. In the event that the Buyer or the Person(s) to be delivered are not present at the address at the time of delivery, the Seller shall not be liable for any damages and expenses arising from the Buyer's late receipt and/or non-delivery of the Goods / Service. If, for any reason, the Buyer fails to pay for the Goods/Services or the payment made is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the Goods/Services.
5.2. If, for any reason, the Buyer does not pay the price of the Goods / Service or the payment made is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the Goods / Service.
5.3. The Buyer may cancel orders for Goods placed after the order has been placed until the Goods have been received. However, the cancellation/refund procedures specified on the Platform shall apply to order cancellations made by the Buyer after the shipment of the Goods but before receipt by the Buyer.
5.4. In cases where it becomes impossible to fulfil the Goods / Services subject to the order, the Seller shall notify the Buyer within 3 (three) days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification. The absence of the goods in stock is not considered an impossibility to fulfil the performance of the goods.
ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE BUYER 
6.1. The Buyer, by confirming this Contract electronically, confirms that they have obtained the basic features of the Goods / Service ordered, the price of the Goods / Service including taxes, payment and delivery and delivery price information wholly and accurately.
6.2. If there is any abnormal situation, such as any damage, dents, or wetness outside the Goods subject to delivery during delivery, the order box should be opened, and the Goods should be checked under the supervision of the cargo officer. In case of missing and/or damage, the Buyer must request the cargo officer to prepare a report. Notifications of deficiencies and/or damage made after receipt of the goods may be refused for lack of a report or not prepared at the time of initial delivery, subject to inspection.
6.3. After the delivery of the Goods / Service, if the relevant bank or financial institution does not pay the price of the Goods / Service to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorised persons in a way that is not caused by the fault of the Buyer, the Buyer is obliged to return the Goods / Service to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery costs shall be borne by the Buyer.
6.4. In the event that the delivery of the Goods / Service is delayed due to the Buyer's fault, the Buyer agrees to pay the Seller's loss and damage caused by the delayed performance of the debt. In cases where the Seller's fault causes the Buyer's default, the Buyer shall not be obliged to meet any claim for loss or damage.
ARTICLE 7 - RIGHTS AND OBLIGATIONS OF THE SELLER
7.1. The Seller is responsible for the delivery of the Goods / Service subject to the Contract to the Buyer in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
7.2. If the Seller cannot deliver the Goods / Service subject to the contract within the period due to force majeure or extraordinary circumstances preventing transportation, they are obliged to notify the Buyer within 3 (three) days from the date they learn of the situation. In this case, the Buyer may use one of the rights to cancel the order, to replace the Goods / Service with a precedent, if any, and / or to postpone the delivery time until the preventive situation is eliminated. If the Buyer cancels the order, the amount paid shall be refunded to them within 14 days. For payments made by the Buyer by credit card, the amount of the Goods / Service shall be returned to the relevant bank within 3 business days after the order is cancelled by the Buyer. The Buyer accepts, declares and undertakes that the reflection of the amount returned to the credit card by the Seller to the Buyer's accounts after the return of the amount returned to the bank is entirely related to the bank transaction process and that they shall not hold the Seller responsible for possible delays.
7.3. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining its express consent before the expiration of the performance obligation arising from the Contract.
7.4. If the Goods / Service subject to the contract shall be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.
ARTICLE 8 - DEFECTIVE PRODUCT
8.1. The Buyer is obliged to notify the Seller immediately within 2 days in accordance with the Turkish Commercial Code if they detect an obvious defect in the delivered Goods. Otherwise, the Buyer shall be deemed to have accepted the Goods subject to delivery in defective condition. The Buyer is also obliged to inspect and check the Goods subject to delivery for defects that are not obvious and to notify the Seller immediately if they detect a defect within 8 days from the date of delivery. Otherwise, the Buyer shall be deemed to have accepted the Goods subject to delivery in defective condition.
8.2. The return procedure to be applied in case of defective products is available on the Platform.
8.3. The Buyer accepts, declares and undertakes in advance that in the event that any defect is detected in the Goods subject to delivery, they shall not claim indirect damages such as deprived profit or price difference from the Seller for any reason whatsoever.
ARTICLE 9 - PRICE OF GOODS/SERVICES  
The cash or deferred sales price of the Goods / Service is the price included in the order form, as well as in the information e-mail sent at the end of the order and in the invoice content sent to the Buyer with the Goods / Service. Discounts, coupons, shipping fees and other applications that may be made by the Seller or AZKarbon are reflected in the sales price.
ARTICLE 10- DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults in the transactions made with the credit card, the cardholder shall pay interest within the framework of the credit card agreement made by the bank with the bank and shall be liable to the bank. In this case, the relevant bank may apply for legal remedies; it may demand the costs and attorney's fees from the Buyer and in any case if the Buyer defaults due to the Buyer's debt, the Buyer shall be responsible for the loss and damage incurred by the Seller due to the delayed performance of the Buyer's debt.
ARTICLE 11 - NOTICES and EVIDENCE AGREEMENT  
Any correspondence to be made between the Parties under this Contract shall be made by e-mail, except in mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that the official books and commercial records of the Seller and AZKarbon and the electronic information and computer records kept in their own databases and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Contract and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 12 – RESOLUTION OF DISPUTES  
Istanbul Anatolian Courts and Enforcement Offices are authorised to resolve disputes arising from this Contract.
ARTICLE 13 - ENFORCEMENT  
This Contract consisting of 13 (thirteen) articles has been read by the Parties and concluded and entered into force on .../.../.... by being approved electronically by the Buyer. SELLERBUYER[.][.]