Distance Sales Agreement
1. Parties
This Agreement is concluded between the following parties under the terms and conditions below.
BUYER:
Name and surname:
Address:
SELLER:
Name: Daliyan İç ve Dış Ticaret Limited Şirketi
Address: Feneryolu Mah. Selçuk Sindal Sk. B No: 2-4 İç Kapı No: 12 Kadıköy / İstanbul
By accepting this Agreement, the BUYER acknowledges in advance that confirming the order creates an obligation to pay the order price and any stated additional charges, including shipping and taxes, and that the BUYER has been informed accordingly.
2. Definitions
For the implementation and interpretation of this Agreement:
- MINISTER: the Minister of Customs and Trade.
- MINISTRY: the Ministry of Customs and Trade.
- LAW: Law No. 6502 on Consumer Protection.
- REGULATION: the Regulation on Distance Contracts.
- SERVICE: any consumer transaction other than the supply of goods, performed or undertaken for a fee or benefit.
- SELLER: the company supplying goods to consumers in its commercial or professional activities, or acting on behalf or for the account of the supplier.
- BUYER: a natural or legal person acquiring, using or benefiting from goods or services for non-commercial and non-professional purposes.
- SITE: the SELLER's website.
- ORDERING PARTY: a natural or legal person requesting goods or services through the SELLER's website.
- PARTIES: the SELLER and BUYER.
- AGREEMENT: this agreement between the SELLER and BUYER.
- GOODS: movable property purchased and intangible goods prepared for electronic use, such as software, audio and images.
3. Subject
This Agreement governs the parties' rights and obligations concerning the sale and delivery of the product ordered electronically by the BUYER through the SELLER's website, with its characteristics and sales price specified below, under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
Prices listed and announced on the site are sales prices. Announced prices and commitments remain valid until updated or changed. Limited-period prices remain valid until the stated period ends.
4. Seller Information
Company: Daliyan İç ve Dış Ticaret Limited Şirketi
Address and product return address: Feneryolu Mah. Selçuk Sindal Sk. B No: 2-4 İç Kapı No: 12 Kadıköy / İstanbul
Telephone: +90 540 581 11 11
Email: info@daliyan.com.tr
Contracted courier for the BUYER to return goods to the SELLER: ………
No shipping fee will be charged to the BUYER for returns through the contracted courier. If another carrier is used, the BUYER bears the related costs. Where the contracted courier has no branch at the BUYER's location, the BUYER is not responsible for shipping costs even when using another carrier.
5. Buyer Information
Recipient:
Delivery address:
Telephone:
Email/username:
6. Ordering Party Information
Name/surname/company name:
Address:
Telephone:
Email/username:
7. Product Information
7.1. Basic characteristics of the goods, products or services (type, quantity, brand/model, colour and number of units) are published on the SELLER's website. Special offers, promotions, campaigns and discounts are valid on the specified dates and/or while stocks last.
7.2. Prices: Listed and announced prices are sales prices. Announced prices and commitments remain valid until updated or changed. Limited-period prices remain valid until the stated period ends.
7.3. Taxes and Payments: The sales price of the goods or services, including all taxes, is shown below.
Product description: …
Quantity: …
Unit price: … TL
Subtotal (including VAT): … TL
Shipping: … TL
Total: … TL
8. Billing Information
Name/surname/company name:
Address:
Telephone:
Email/username:
The invoice will be delivered together with the order to the billing address when the order is delivered.
9. General Provisions
9.1. Information and Acceptance: The BUYER accepts, declares and undertakes that they have read and understood the preliminary information on the SELLER's website concerning the product's basic characteristics, sales price, payment method and delivery, and have provided the necessary electronic confirmation.
9.2. Shipping is not included in website sales prices and will be added separately to the product price. Shipping charges will be stated before the BUYER submits the order. Website sales prices include value added tax (VAT).
9.3. Delivery Period: Each product will be delivered within the period stated in the website's preliminary information, depending on the distance to the BUYER's residence, without exceeding the statutory period of 30 days. If force majeure prevents timely delivery, the SELLER must inform the BUYER. The BUYER may choose cancellation and a refund, and/or replacement with an equivalent product if available, and/or postponement until the obstacle is removed.
10. Right of Withdrawal
For distance sales of goods, the BUYER may withdraw within 14 days of delivery to the BUYER or the person/organisation at the stated address, by notifying the SELLER, without giving a reason or paying a penalty. This right may also be exercised between conclusion of the Agreement and delivery.
Under Article 15(1) of the Regulation, withdrawal does not apply to goods unsuitable for return for health and hygiene reasons when protective packaging, tape, seals or wrapping have been opened after delivery. Accordingly, the relevant product's protective elements must remain unopened for withdrawal to apply.
The BUYER may notify withdrawal before the withdrawal period expires by completing the attached form or making an explicit statement of the decision to withdraw. Within the 14-day period and in accordance with the legislation, the BUYER may log into their website account, or log in using the order number, and complete the Return Form for the relevant order. The BUYER may deliver the product to a ………… courier branch together with the code to be provided and the invoice or delivery note. The product(s) and the BUYER's request will be examined and the BUYER contacted as soon as possible.
Within 14 days after receiving notice of withdrawal, the SELLER will refund all payments collected, including delivery costs to the consumer where applicable, using the payment method used for the purchase.
The SELLER cannot be held responsible for delays or disruptions caused by banks in processing refunds.
11. Products Excluded from the Right of Withdrawal
Under the Regulation, withdrawal cannot be exercised for:
- Goods or services whose prices fluctuate in financial markets beyond the seller's or provider's control.
- Goods prepared to the consumer's wishes or personal needs.
- Perishable goods or goods liable to expire.
- Goods unsuitable for return for health and hygiene reasons where protective packaging, tape, seals or wrapping have been opened after delivery.
- Goods mixed with other products after delivery and inseparable by nature.
- Books, digital content and computer consumables supplied on a physical medium whose protective packaging, tape, seals or wrapping have been opened after delivery.
- Periodicals such as newspapers and magazines, except those supplied under a subscription.
- Accommodation, transport of goods, car rental, food and drink supply, and entertainment or recreational leisure activities to be provided on a specific date or during a specific period.
- Services performed instantly electronically or intangible goods delivered instantly to the consumer.
- Services whose performance begins with the consumer's consent before the withdrawal period expires.
- Movable property subject to registration under Highway Traffic Law No. 2918 of 13 October 1983 and unmanned aerial vehicles subject to registration.
- Mobile phones, smartwatches, tablets and computers delivered to the consumer.
- Contracts concluded through a live public auction.
- Goods already installed or assembled where the instruction manual specifies installation or assembly by the seller or an authorised service provider.
By their nature, withdrawal for cosmetic products is conditional on the packaging remaining unopened and intact and the product being unused.
12. Default and Legal Consequences
If the BUYER defaults on a credit card payment, the BUYER accepts, declares and undertakes to pay interest and be liable to the card-issuing bank under their credit card agreement. The bank may take legal action and claim resulting expenses and legal fees. In all cases of default, the BUYER is responsible for the SELLER's losses and damages resulting from delayed performance of the payment obligation.
13. Dispute Resolution
For disputes concerning this Agreement within the Republic of Türkiye, provincial or district Consumer Arbitration Committees at the place of the consumer transaction or the consumer's residence have jurisdiction up to the threshold announced annually by the Ministry of Customs and Trade. Above that threshold, the Consumer Courts at the place of the transaction or the consumer's residence have jurisdiction.
14. Entry into Force
When paying for an order placed through the site, the BUYER accepts and declares that they have been informed of all terms of this Agreement and all matters under Article 5 of the Regulation, and know that confirming the order creates an obligation to pay.