VIAVETA DISTANCE SALES AGREEMENT
CLAUSE 1 - PARTIES
1.1. SELLER:
Title: Viaveta
1.2. BUYER (“CONSUMER”):
First Name/Last Name/Title:
Address:
Mobile Phone:
E-mail Address:
Company Title (if any):
Tax No (if any):
Tax Office (if any):
CLAUSE 2 - SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties pursuant to the provisions of the Law on Protection of Customer for the sale and delivery of the product of which the specifications and sale price are indicated below and which was ordered by the CONSUMER in electronic medium at viaveta website.
CLAUSE 3 - INFORMATION ON THE CONTRACT PRODUCT, PAYMENT AND DELIVERY
Shopping Cart Information:
3.1- The name, quantity, sales price including taxes, mode of payment and basic specifications of the contract good or service
3.2- Mode of Payment: Payment via Wire Transfer/EFT or Credit Card/Debit Card
3.3- On the other hand, due to the fact that forward sales are made only by credit cards of Banks, CONSUMER agrees, declares and undertakes to obtain confirmation on the relevant interest rates and information on default interest from his/her bank and that the provisions on interest and default interest shall be applied under the credit card agreement signed between the Bank and the CUSTOMER as per the applicable legislation provisions.
3.4 - Return Procedure:
The procedure for refund in cases where the CONSUMER exercises his/her right of withdrawal or the product ordered is not able to be supplied for any reasons or the arbitration committee decides returning of the product price to the CONSUMER are described below:
Return Conditions
· Returns must be made with the original box/package and invoice.
· The product which is proposed to be returned must be resalable to another consumer of the same nature.
· Return request can be made through return notification by entering new ticket in the Support Desk section on the Customer panel at viaveta by the final owner of the product within 14 days following the date of purchase.
· The response is provided within latest 24 hours for the return notifications made from the support desk.
Non-returnable products
Non-returnable products due to the commencement of service performance and/or impossibility of reselling the product to another consumer with the same quality and quantity after return are listed below.
· Domains
· Consulting and brokerage services
· Technical support services
· Installed or activated E-commerce (Viashop product package) and Real estate software packages (Via estate package) and Via SEO Package.
Return procedure
*viaveta performs the following return procedures within 15 (fifteen) business days following request of the final consumer, subject to the following procedures and rules, provided that the return conditions described above are met for the products which are appropriate for the return request described above.
*For the products returned, the “product price” will be refunded within 15 business days following the return confirmation notification to the Support Desk section on your user panel at viaveta
* Notification will be provided in the Support Desk section on your user panel once the Product Refund transaction is completed.
* Reflection of the payment in your account may vary depending on the transaction periods of the banks.
a) Return Procedure in Payment by Credit Card Options
If the shopping has been made by credit card and in installments, the Bank returns the payment to the CONSUMER in number of installments in which the CONSUMER made the payment. After the SELLER pays the total product price to the bank in one single payment, if the expenditures from Bank POSs in installments are to be returned to the CONSUMER’s credit card, the return amounts requested are transferred to the holder accounts in installments by the Bank in order to prevent the involving parties from suffering. The installment amounts which were paid until the sales cancellation by the CONSUMER shall be reflected as 1 (one) return amount each month unless the return date and cut-off date of the card do not coincide, the CONSUMER shall receive the installments which he/she paid before the refund after the installments of the sale are completed for a period of time corresponding to the number of installments which he/she paid before the refund and it shall be deducted from the current debts.
In case of return of the good and service purchased via card, the SELLER may not make payment to the CUSTOMER in cash as per its agreement with the Bank. The SELLER shall make the refund via the relevant software in case a return transaction is in question, and it is not possible to make payment to the CONSUMER in cash as per the procedure we described above since the SELLER is obliged to pay the corresponding amount to the Bank in cash or on account. Refund to credit card shall be performed according to the procedure above by the Bank after the SELLER pays the amount to the Bank in one single payment.
The CONSUMER agrees and undertakes that he/she has read and accepted this procedure.
b) Procedure of Refund in Wire Transfer/EFT Payment Options
Refund shall be made via wire transfer and EFT to the account specified by the CONSUMER (the account holder name must be the same as the person in the invoice address or the user), requesting the bank account information from the CONSUMER.
The SELLER repays the total product price to the bank in one single payment.
In case of return of the good and service purchased via wire transfer/EFT, the SELLER may not make payment to the CUSTOMER in cash as per its agreement with the Bank. The SELLER shall make the refund via the relevant software in case a return transaction is in question, and it is not possible to make payment to the CONSUMER in cash as per the procedure we described above since the SELLER is obliged to pay the corresponding amount to the Bank in cash or on account.
The CONSUMER agrees and undertakes that he/she has read and accepted this procedure.
3.5- Mode and Address of Delivery:
The packaging, shipping and delivery expenses shall be covered by the CONSUMER. The shipping cost shall be included in the total order amount. It is not included in the product cost. The order shall be delivered by hand at the address of the CONSUMER specified above via a contracted shipping company. Our Company shall be deemed to have performed its performance fully and completely if the CONSUMER is not present at such address at the time of delivery. Thus, the SELLER shall not be held responsible for the damages and losses due to the delayed receiving and/or no receiving of the product by the CONSUMER. The SELLER is responsible for the delivery of the contract product in healthy condition and complete, meeting the specifications specified in the order, together with the warranty documents and user manuals, if any.
CLAUSE 4- RIGHT OF WITHDRAWAL
The Consumer (BUYER) has the right to withdraw from this Distance Sales Agreement without any reason and penal obligation within 14 (fourteen) days (within 4 days for the sales in TRNC). Provided that it applies to the Viaweb package, in case the consumer exercises his/her right of withdrawal, the hosting company deducts 10% over the product price due to server/password usage. If the person gets reference, it deducts 20% over the product price. If the person purchased domain, domain price of 20$ shall also be deducted. Remaining product price and tax amount are returned to the BUYER.
The withdrawal period starts on the day the contract is signed in service performance contracts. It starts on the day of receipt of the good by the consumer or the third person specified by the consumer in good delivery contracts. However, consumer may use of right of withdrawal within the period from the establishment of the contract to the delivery of the good. In the determination of withdrawal period, following days are taken as basis;
4.1) the day which the consumer receives the first good in contracts that the good is delivered regularly for a certain period of time. You may make your withdrawal notification on the return option on your my account page at viaveta before the expiry of the withdrawal period. Details for the return are described in the refund and return option on your my account page at viaveta
In case the right of withdrawal from contract is exercised:
Of the products delivered to the BUYER or the person/institution specified by the BUYER
(i) invoice,
Important notice: If the invoice of the product(s) which are desired to be returned is corporate invoice, it must be delivered with the refund invoice issued by the institution. The refund of the orders of which the invoice is issued on behalf of institutions shall not be concluded unless REFUND INVOICE is issued.
(ii) box, package and standard accessories, if any, must be delivered all together in full and undamaged.
The SELLER shall return the total price and the documents obligating the buyer to the BUYER within 10 days at the latest as of the date of receiving the notification of withdrawal, and accept the return of the products within 20 days.
In case a decrease in the value of the product(s) or the refund is rendered impossible due to the fault of the BUYER, the BUYER shall compensate the losses of the SELLER to the extent of the BUYER’s fault.
The customer may not use his/her right of withdrawal in following contracts:
a. Contracts for the goods or services of which the price changes depending on the fluctuations in the markets or the goods or services which are not under the control of the SELLER or supplier.
b. Contracts for the goods which are prepared in line with the demands or personal needs of the customer.
c. Contracts for the goods which are not suitable for return in terms of health and hygiene with the protective elements are destroyed such as package, band, seal and bag, after the delivery.
d. Contracts for the services which are instantly performed or non-material goods which are instantly delivered to customer in electronic environment.
e. Contracts for the services which their performance has been commenced with the approval of the consumer before the withdrawal period expires.
f. The products cannot be returned due to their nature; return of disposable products, copyable software and programs, products perishable fast or with the possibility of expiry of the expiration date are not accepted.
g. Contracts for the delivery of periodicals other than the ones supplied within the scope of subscription agreement such as newspaper and magazines.
CLAUSE 4- RIGHT OF WITHDRAWAL
The CONSUMER has the right to withdraw from this Distance Sales Agreement signed with the SELLER without any reason and penal obligation within 14 (fourteen) days. The withdrawal period starts on the day which the contract is established in contracts of service performance, and on the day which the CONSUMER or the third person specified by the CONSUMER receives the good in good delivery contracts. However, CONSUMER may use of right of withdrawal within the period from the establishment of the contract to the delivery of the good.
In the determination of withdrawal period, following days are taken as basis;
the day which the CONSUMER or the third person specified by the CONSUMER receives the final good in cases that goods are the subject of a single order but delivered individually,
the day which the CONSUMER or the third person specified by the CONSUMER receives the final good in cases that goods consist of multiple components,
the day which the CONSUMER or the third person specified by the CONSUMER receives the first good in contracts that the good is delivered regularly for a certain period of time. You may make your withdrawal notification on the easy return option on your personal registration page at viaveta before the expiry of the withdrawal period. The details for returning the products are described in the ‘easy return’ option on your personal registration page at viaveta in regard to the carrier prescribed under your right of withdrawal.
d) Unpacked, used, destroyed and etc. products may not be returned.
The customer is obliged to return the product in the same condition as the time of delivery and to compensate the loss in the commercial value of the good in case of use. In case of return of the product or withdrawal from purchasing by the customer, the product price is refunded within ten (10) days as of the date on which we receive the returned product. Refund of the returned product to your credit card is executed within 2-6 weeks by your bank. Our company has no disposal in this period.
The returned product shall not be accepted and refunded if the product itself or its package is opened, deformed, broken, destroyed, torn, used and so on or failure to return the product in the same condition as the time of delivery to the customer. The shipping cost shall be covered by the customer for the products returned in compliance with the aforementioned requirements.
The customer may not use his/her right of withdrawal in following contracts:
a) Contracts for the goods or services of which the price changes depending on the fluctuations in the markets or the goods or services which are not under the control of the SELLER or supplier.
b) Contracts for the goods which are prepared in line with the demands or personal needs of the customer.
c) Contracts for the goods which perishable or of which the expiration period may expire.
d) Contracts for the goods which are not suitable for return in terms of health and hygiene with the protective elements are destroyed such as package, band, seal and bag, after the delivery.
e) Contracts for the goods which are mixed with other products and impossible to be separated due to their nature, after the delivery.
f) Contracts for the goods which are offered in real environment such as book, digital content and computer consumables in case the protective elements are destroyed such as package, band, seal and bag, after the delivery of the good.
g) Contracts for the delivery of periodicals other than the ones supplied within the scope of subscription agreement such as newspaper and magazines.
h) Contracts for recreation for entertainment or relaxing purposes for on a certain date or for a certain period of time such as accommodation, transportation of stuff, car rent and supply of foods and beverages.
Contracts for the services which are instantly performed or non-material goods which are instantly delivered to CONSUMER in electronic environment.
j) Contracts for the services which their performance has been commenced with the approval of the CONSUMER before the withdrawal period expires.
CLAUSE 5-GENERAL PROVISIONS
5.1- The CONSUMER declares that he/she has read the preliminary information and been informed on the contract product at the website viavetaand that he/she provided the necessary confirm in electronic environment.
5.2- The product shall be delivered within latest 30 days as of the date of signing the contract. All the responsibility until the product is delivered belongs to the SELLER.
5.3- The SELLER shall not be held responsible for the rejection of the delivery by the person/institution to which the delivery will be made in case the contract product is to be delivered to a person/institution other than the CONSUMER.
5.4-The SELLER is responsible for the delivery of the contract product in healthy condition and complete, meeting the specifications specified in the order, together with the warranty documents and user manuals, if any.
5.5- In order for the contract product to be delivered, the price of this contract must be paid in a mode of payment preferred by the CONSUMER. The SELLER shall be deemed as relieved of its obligation of delivering the product in case the product price is not paid or canceled in bank’s records for any reason.
5.6- After the delivery of the product, in case failure of the relevant bank or financial institution to pay the product price to the SELLER due to the use of the CONSUMER’s credit card by unauthorized persons unfairly and unlawfully, not caused by the fault of the CONSUMER, the product must be delivered to the SELLER provided that the product has not been delivered to the CONSUMER.
5.7- In case the products, whether sold with warranty of certificate or not, are defective (faulty, perished etc.) or fail or perish within the scope of warranty period and terms, such products may be delivered to the SELLER for repair by the authorized service; in this case the shipping expenses shall be covered by the SELLER.
5.8- In order to perform the refund transactions, the corresponding fields in the invoice which we sent to you and containing refund section must be filled completely, and then the invoice must be signed and send back to us together with the product.
CLAUSE 6 - CONFLICTS AND COMPETENT COURT
In case the order is realized, the CONSUMER shall be deemed to agree all the terms of this contract.
Last Update: 18/08/2019
SELLER: ViaVeta
BUYER (“CONSUMER”):
First Name/Last Name/Title:
Date:
