Distance Sales Agreement

 

DISTANCE SALES AGREEMENT...

 

1. PARTIES

This Distance Sales Agreement ("Agreement") has been signed on [●] between the following parties:

 

SELLER

Title : VOLTA MOTOR SANAYİ VE TİCARET ANONİM ŞİRKETİ

Address : MERKEZ MAH. 20. SK NO:11/1 GÜMÜŞOVA / DÜZCE

Chamber of Commerce and Number : Düzce Chamber of Commerce / 10306

Tax Identification Number : Düzce Tax Office / 9250474243

Mersis No : 0925047424300011

Phone : 0380 731 25 25

E-mail : info@volta.com.tr

Customer Contact Phone : 0850 222 28 65

KEP Address : voltamotor@hs01.kep.tr

 

(Volta Motor Sanayi ve Ticaret Anonim Şirketi shall hereinafter be referred to as the "Seller".)

 

BUYER

Name-Surname : [●]

Address : [●]

Phone : [●]

E-mail : [●]

 

The person who is a member of the Volta.com.tr shopping site as a customer.

The address and contact information used during registration shall be taken as the basis.

 

([●] shall hereinafter be referred to as the "Buyer".)

 

The Seller and the Buyer shall hereinafter be referred to individually as "Party" and collectively as the "Parties".

 

2. SCOPE

This Agreement regulates the rights and obligations of the Parties regarding the sale and delivery of the products ("Products") to the Buyer by the Seller, which the Buyer wishes to purchase by placing an order on the electronic commerce website https://volta.com.tr/ ("Website"), including cases where the Buyer makes transactions via an application on their mobile device, and specified in Article 3 below, as well as other matters.

 

3. PRODUCTS SUBJECT TO THE AGREEMENT AND PRICE OF THE PRODUCTS

3.1. The type, quantity, brand/model, color, and sales price including all taxes of the Products are as stated in the information on the product introduction page on the Website and in this Agreement ("Products").

 

3.2. The prices announced on the Website are the sales prices. The announced prices are valid until they are updated or changed. Prices announced for a specific period are valid until the end of that period.

 

3.3. The sales price of the Products subject to the Agreement, including all taxes, is shown in the table below.

 

Product Description :

Quantity :

Price (VAT Included) :

Installation Fee

:

Total :

 

 

4. INVOICE DETAILS

Name-Surname/Trade Name   : [●]

Tax Office and Tax Identification

Number   : [●]

Address   : [●]

Phone   : [●]

Fax   : [●]

E-mail   : [●]

 

5. DELIVERY DETAILS

Person to be Delivered to : [●]

Contact Details : [●]

Delivery Address : [●]

 

6. MATTERS ON WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The Buyer acknowledges and declares that they have been informed by reading and reviewing all relevant information texts and explanations on the Website and the Preliminary Information Form provided to them before the Agreement was concluded, regarding the matters specified under this article of the Agreement:

 

a) Basic characteristics of the Products subject to the Agreement,

 

b) Name or title of the Seller, MERSIS number, tax identification number,

 

c) Seller’s full address, phone number, and similar contact information that allows the Buyer to communicate with the Seller quickly,

 

d) Total price of the Products including all taxes and delivery costs; if it cannot be calculated in advance due to its nature, the method of price calculation; if applicable, all shipping, delivery, and similar additional costs, and information that additional costs may be payable if these cannot be calculated in advance,

 

e) Payment, delivery and performance time consistent with the period promised in commercial advertisements and promotions, other information regarding delivery and performance, and if applicable, commitments regarding these and the Seller's methods for resolving complaints,

 

f) Information on products for which the Buyer does not have a right of withdrawal, and in cases where there is a right of withdrawal, the terms, period, procedure for exercising this right, information regarding the carrier proposed by the Seller for returns, and which party will bear the return costs, or information that the Buyer will bear the return costs if returned with a carrier other than the one proposed,

 

g) The full address, fax number, or e-mail information to which the withdrawal notice will be sent,

 

 

h) Information that the Buyer cannot benefit from the right of withdrawal in cases where the right of withdrawal cannot be exercised, or under what conditions the right of withdrawal will be lost,

 

i) Information that the Buyer can make applications regarding disputes to the Consumer Court or Consumer Arbitration Committee,

 

j) Technical steps showing the necessary stages such as selecting the Products, entering delivery and payment information, and confirming the order in order to conclude the Agreement,

 

k) Information on how the Agreement will be stored electronically, how the Buyer can access the Agreement later, and the access period,

 

l) Information that technical tools such as a summary order form and "undo" and "change" options will be provided so that the Buyer can clearly and understandably identify and correct errors in data entry before placing the order,

 

m) Privacy rules regarding personal data obtained by the Seller due to electronic commerce transactions,

 

n) Electronic communication information where the Buyer can obtain information about the Professional Chamber of which the Seller is a member and the codes of conduct envisaged by the professional chamber regarding the profession,

 

o) Shipping restrictions foreseen for the Products and

p) Details regarding the conditions (special terms) for the Buyer to benefit from various opportunities that may be applied by the Seller on the Website.

7. DELIVERY

7.1. The delivery address specified in Article 5 of this Agreement has been personally notified to the Seller by the Buyer.

7.2. The delivery of the Products shall be carried out to the address provided by the Buyer during the order creation process. The Products will be made ready for delivery within 15 (fifteen) days. If the Buyer does not take delivery of the products or if the Buyer cannot be reached during delivery, the Buyer shall be in default of the creditor. In such a case, the product shall be delivered to an available authorized service center closest to the Buyer's address or at that location as determined by the Seller. The product will not be sent out for delivery to the Buyer's address again. The Buyer is required to take delivery of the product from this authorized service center. In such a case, the Buyer is obligated to take delivery of the product from the relevant authorized service center within three (3) days. Otherwise, the Seller may terminate the contract. Since products in the Electric Bicycle category are delivered by third-party cargo companies, if the products cannot be delivered to the Buyer, they will be returned to the Seller in accordance with the cargo company's policy.

7.3. If the Buyer requests that the Products be delivered to a person/institution other than themselves, they must explicitly notify the Seller of this. Accepting this request is at the discretion of the Seller.

7.4. If, upon the Buyer's request, the Products are to be delivered to a person/institution other than the Buyer, and the person/institution to whom they are to be delivered does not take delivery/refuses the Products, the Seller shall not have any liability for this reason. The Buyer cannot make any claims against the Seller regarding this situation. The Buyer's obligations in Article 7.4 remain reserved.

7.5. For the Products subject to the Agreement to be delivered to the Buyer, the Agreement must be accepted by the Buyer during the sales process on the Website and the price of the Products must be paid by the Buyer. If the price of the Products is not paid for any reason or if the payment made by credit card is cancelled by the bank, the Seller shall be deemed released from the obligation to deliver the Products.

7.6.The Products shall be delivered within the committed period after the payment is completed. The delivery date specified as the “estimated delivery date” on the Website is provided as an estimate and this expression does not contain any commitment. However, in any case, the Products shall be delivered to the Buyer no later than 15 (fifteen) business days from the moment the Buyer’s order reaches the Seller. In the event that the Seller fails to perform its obligation within this period, the Buyer may terminate the Contract. In case of termination of the Contract, the Seller shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date the notice of termination reaches the Seller.

7.7. In order for motor vehicles subject to registration to be physically delivered to the Buyer, the Buyer is required to apply to any notary public within three (3) days with the wet-signed “Vehicle Notary Transaction Document” sent to them following the creation of the order, and complete the registration procedures of the vehicle. The Buyer will be able to take delivery of the product by fulfilling this obligation falling upon them and presenting a temporary registration document or license. As long as the Buyer does not complete the notary procedures, the fifteen (15) day delivery period stipulated in distance sales contracts shall not apply.

8. PAYMENT

8.1. The price of the Products is as stated in Article 3.3.

8.2. Payment can be made via credit or debit card on the website.

8.3. Prices on the Website include VAT, taxes, and installation fees.

8.4. As a rule, the shipping cost of the Products belongs to the Buyer. If it is declared on the Website that the shipping cost will be covered by the Seller, the shipping cost will belong to the Seller.

8.5. The Buyer accepts, declares, and undertakes that they will confirm the Contract electronically for the delivery of the Products, and that if the price of the Products is not paid for any reason and/or is cancelled in the bank or financial institution records, the Seller’s obligation to deliver the Products subject to the Contract shall terminate. The Buyer accepts, declares, and undertakes that the Seller has no liability regarding payments made to the Seller by the bank and/or financial institution for which a failure code was sent by the bank and/or financial institution for any reason.

8.6. If the person using the credit card during the order is not the same as the Buyer, or if a security vulnerability related to the credit card used in the order is detected before the delivery of the Products to the Buyer, the Seller may request the Buyer to present identity and contact information regarding the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the card holder’s bank confirming that the credit card belongs to them. The order will be frozen until the Buyer provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.

8.7. If, after the delivery of the Products to the Buyer by the Seller, the relevant bank or financial institution does not pay the price of the Products to the Seller because the Buyer’s credit card has been used unfairly and unlawfully by unauthorized persons in a manner not caused by the Buyer’s fault, the Buyer is obliged to return the delivered Products to the Seller.

8.8. In order for the Buyer to make a payment by credit card, they must fill in their credit card information completely and accurately as requested on the website. Payments can be made with a single charge via credit card, or deferred payment can be made by dividing it into a number of installments determined according to the installment policy applied by the banks. For installment transactions, the relevant provisions of the contract signed between the Buyer and the bank that is the addressee of the contract signed by the Buyer shall apply. The bank may organize campaigns and apply a number of installments higher than the number of installments selected by the Buyer, and may offer services such as installment postponement. Such campaigns are at the discretion of the bank and have no connection with the Seller. The order total will be divided by the number of installments and reflected on the credit card statement by the bank starting from the credit card account statement date. The said bank may not distribute the installment amounts equally to the months, taking into account fraction differences. The creation of a detailed payment plan is at the discretion of the relevant bank.

8.9. Since the interest rates and default interest rates to be applied due to installment sales will be determined by the bank that is the addressee of the contract signed by the Buyer, the Buyer accepts, declares, and undertakes that they will confirm the relevant interest rates and default interest information separately from the relevant bank, and that provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the relevant bank and the Buyer in accordance with the provisions of the current legislation.

8.10. In the event that the Buyer defaults in transactions made with a credit card, the Buyer will pay interest within the framework of the credit card agreement made with the relevant bank and will be liable to the relevant bank. In this case, the relevant bank may resort to legal remedies, demand the resulting expenses and attorney fees from the Buyer, and in any case, if the Buyer defaults due to their debt, the Buyer shall be liable for the loss and damage suffered by the Seller due to the Buyer’s delayed performance of the debt.

8.11. In cases where the Buyer pays the sale price with a credit card, installment card, etc., that they hold from banks (including financing institutions), all facilities provided by these cards are credit and/or installment payment facilities provided directly by the issuing institution; these are not sales on credit or installments from the perspective of the parties to this Contract, but cash sales. The Seller’s legal rights in cases legally considered as sales on installments (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation.

8.12. In the event that payments are made in installments, if the Buyer returns the Products purchased from the Seller or if the price paid by the Buyer needs to be refunded for any reason, the Seller’s obligation is limited to paying the amount purchased with the card to the bank. However, since the reflection of the money into the Buyer’s accounts after the refund of the relevant amount to the bank is entirely related to the bank’s transaction process, the Buyer acknowledges in advance that it is impossible for the Seller to intervene in any way regarding possible delays, and that the reflection of the amount refunded to the credit card by the Seller into the Buyer’s account by the relevant bank may be delayed due to reasons arising from the relevant bank or may be refunded to the credit card in installments.

9. RIGHTS AND OBLIGATIONS OF THE SELLER

9.1. The Seller accepts, declares, and undertakes to deliver the Products subject to the Contract completely, in accordance with the qualities specified in the order, and with warranty certificates, user manuals, and information and documents required by the work, if any; to perform the work in accordance with the requirements of the legal legislation, free from all defects, in accordance with standards and within the principles of accuracy and honesty; to maintain and increase service quality; and to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

9.2. The Seller may supply a different product of equal quality and price, provided that the Buyer is informed and their explicit consent is obtained before the expiry of the performance obligation arising from the Contract. The Buyer is entirely free to give or withhold such consent, and in cases where consent is not provided, the contractual and legal provisions regarding order cancellation (termination of the Contract) shall apply.

9.3. In cases where the performance of the order becomes impossible, the Seller shall notify the Buyer in writing or electronically within 3 (three) days from the date it learns of this situation and shall refund all payments collected, including delivery costs if any, within no later than 14 (fourteen) days from the date of notification.

9.4. In the event that the Products cannot be delivered within the maximum legal period of 30 (thirty) days due to extraordinary circumstances beyond the Seller's control (adverse weather conditions, earthquake, flood, fire, etc.) outside of normal sales/delivery conditions, the Seller shall inform the Buyer regarding the delivery. In this case, the Buyer may cancel the order, order a similar product, or wait until the extraordinary situation ends.

9.5. The Seller may impose restrictions on the number of products that the Buyer may order at the times announced on the Website. In the event that the Buyer orders more than the number specified in the announcements made on the Website, the orders may be cancelled and the product prices will be refunded to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that they have placed their order by accepting these matters and that the Seller has the right to cancel the order for orders exceeding the quantity limit.

9.6. The privacy and security policies and terms of use of other sites accessed through the Website are applicable to those sites, and the Seller is not responsible for any disputes or negative consequences that may arise.

10. BUYER'S RIGHTS AND OBLIGATIONS

10.1. The Buyer accepts, declares, and undertakes that the order placed through the Website implies a payment obligation.

10.2. The Buyer is obliged to examine the Products before taking delivery; not to accept damaged and/or defective Products caused by delivery or detectable through ordinary inspection (dented, broken, torn packaging, etc.) and to have a report drawn up regarding the defect in the Products with the deliverer. In case they take delivery of the product despite an obvious defect, they will be deemed to have accepted the defect. In case the Buyer intends to exercise their right of withdrawal, they shall return the Products without using them, together with the invoice and all other documents delivered to the Buyer during delivery (warranty certificate, user manual, etc.). When the Buyer exercises their right of withdrawal, they are obliged to return the product to the authorized service indicated by the Seller.

10.3. The duty to carefully protect the Products after delivery belongs to the Buyer. If the Buyer returns the Products to a place other than the authorized service determined by the Seller, they shall be deemed not to have exercised their right of withdrawal. The Seller cannot be held liable.

10.4. In the event that the Buyer selects the corporate invoice option for orders placed through the Website, a corporate invoice may be issued by the Seller. The Seller shall issue the corporate invoice in accordance with the tax identification number and tax office information provided by the Buyer through the Website. Entering the specified information accurately and completely is entirely the Buyer's responsibility.

10.5. The Seller may, at its own discretion, organize various campaigns for Buyers on the Website at various times, for which the terms, content, and duration are determined by itself. The Seller reserves the right to stop, update, and change the terms of the campaigns announced on the Website at any time. The Buyer is required to review the campaign terms before each purchase from the Website. Campaigns may be limited to stock. In this case, the Buyer cannot make any claims against the Seller.

10.6. In all cases where the Buyer receives a discount or a free (gift) product of the same nature by shopping at the minimum amount of any Seller campaign, or obtains or uses a gift voucher, etc., if the minimum amount is fallen below as a result of exercising the right of withdrawal for all or part of the products subject to the order, or if the condition for gain/use is eliminated in any way, thus the conditions for benefiting from the campaign/conditions for gain or use are eliminated for the Buyer, the entire amount of the discount (the cost of the gift product, if any) shall be deducted from the amount to be refunded to the Buyer, and in cases where the offsetting is insufficient, it shall be collected from the payment method used during the shopping (credit card, etc.); if the Buyer has earned a (virtual or physical) gift voucher, points, discount, etc. due to their shopping, this shall be cancelled; if they have used a (virtual or physical) gift voucher, points, discount, etc. during the shopping, the entire amount shall be deducted from the amount to be refunded to the Buyer, and in cases where the offsetting is insufficient, it shall be collected from the payment method used during the shopping (credit card, etc.). This article shall be applied exactly in all other cases where product return is in question, except for defective products, in addition to cases where the right of withdrawal is exercised.

11. RIGHT OF WITHDRAWAL

11.1. The Buyer may return the purchased Products within 14 (fourteen) days from the delivery date by exercising their right of withdrawal, without assuming any legal or criminal liability and without providing any justification. The Buyer may also exercise the right of withdrawal in the period from the establishment of the Contract to the delivery of the Products.

11.2. The Buyer shall be able to direct the right of withdrawal to the Seller by filling out the Contact Form on the website or via the [●] e-mail address. The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the Buyer.

11.3. In determining the period of the right of withdrawal;

a) For goods subject to a single order and delivered separately, the day on which the Buyer or the third party determined by the Buyer receives the last good,

b) For goods consisting of more than one part, the day on which the Buyer or the third party determined by the Buyer receives the last part,

c) For contracts where regular delivery of goods is made for a certain period, the day on which the Buyer or the third party determined by the Buyer receives the first good is taken as the basis.

11.4. In order for the right of withdrawal to be exercised, it is mandatory to notify the Seller within the period and in accordance with the procedure in compliance with the legislation. Otherwise, the Buyer will lose the right of withdrawal.

11.5. In case of exercise of the right of withdrawal;

b) The goods to be returned within the scope of the right of withdrawal must be returned complete and undamaged, including the box, packaging, standard accessories, and any other products gifted along with the Products (if any).

c) When returning the Products to the Seller, the original invoice presented to the Buyer upon delivery must also be returned by the Buyer. If the Buyer requests a corporate invoice, they must issue a return invoice for the return of the relevant product or, if possible, reject the commercial invoice within the specified period via their own systems.

11.6. The Buyer is not responsible for any changes or deterioration that occur if the Products are used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period. Otherwise, the Buyer is personally responsible for any damage sustained by the Products.

11.7. The Seller is obliged to refund all payments collected, including delivery costs, to the Buyer within 14 (fourteen) days from the date on which the notification of the Buyer's exercise of the right of withdrawal is received. The time it takes for the refunded amount to be reflected in the Buyer's account depends on the Buyer's bank within the specified period.

11.8. With the exercise of the right of withdrawal, any contract, understanding, or agreement between the Buyer and the Seller terminates without any obligation to pay costs, compensation, or penalties.

11.9 The "termination without costs" rule stated in Article 11.8 of this Agreement applies only to the contractual payments collected by the Seller. Costs paid or required to be paid by the Buyer to notaries, traffic registration authorities, tax offices, or other official/private third parties due to the Buyer's exercise of the right of withdrawal, return of the vehicle, VAT refund processes, or license cancellation/deregistration procedures (notary fees, deregistration duties, etc.) are outside the scope of contractual obligations. These costs are in the nature of administrative and third-party expenses and are entirely at the Buyer's own risk and responsibility. The Seller cannot be held responsible for these costs in any way, and the refund of these amounts cannot be demanded from the Seller.

12. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The Buyer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price depends on fluctuations in financial markets and which are beyond the control of the Seller,

b) Contracts for goods prepared in accordance with the Buyer's requests or personal needs,

c) Contracts for the delivery of goods that are perishable or may expire,

d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, and which are not suitable for return for health and hygiene reasons,

e) Contracts for goods that are mixed with other products after delivery and are inherently inseparable,

f) Contracts for books, digital content, and computer consumables presented in a tangible medium, provided that the protective elements such as packaging, tape, seal, or package have been opened after the delivery of the goods,

g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract,

h) Contracts for accommodation, carriage of goods, car rental, food and beverage supply, and leisure activities for leisure or relaxation, which must be performed on a specific date or period,

i) Contracts for services performed instantly in an electronic environment and for intangible goods delivered instantly to the Buyer,

j) Contracts for services for which performance has started with the consent of the Buyer before the expiration of the right of withdrawal period.

13. RESOLUTION OF COMPLAINTS AND DISPUTES

13.1. The Buyer may submit their complaints to the Seller via the channels included in the Preliminary Information Form, by phone, by mail, or in writing.

13.2. In disputes that may arise from this Agreement, the Provincial or District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Trade in accordance with the relevant legislation, and Consumer Courts are authorized in cases exceeding these limits. In this context, the Buyer may apply to the Arbitration Committees or Consumer Courts at their own place of residence or the Seller's place of residence, if they wish.

13.3. In the event that the Buyer is not a consumer, the authorized courts and enforcement offices are the Düzce courts and enforcement offices.

14. PRIVACY AND PROTECTION OF PERSONAL DATA

14.1. The Buyer acknowledges and declares that they have read and understood the Disclosure Text published by the Seller on the Website. The Buyer's personal data will be processed in accordance with the Disclosure Text. In the presence of processing purposes requiring the Buyer's express consent, the Seller also requests such consent in accordance with the Personal Data Protection Law No. 6698 and other legislation, providing the opportunity to refuse the Buyer's express consent. In these cases, if the Buyer provides consent in the relevant fields, the Buyer's personal data may also be processed for purposes requiring express consent.

14.2. Necessary measures for the security of information and transactions entered into the Website by the Buyer have been taken within the Seller's own system infrastructure, based on the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the Buyer's devices, the responsibility for taking necessary measures, including those related to viruses and similar harmful applications, in order to protect such information and prevent access by unauthorized persons, lies with the Buyer.

15. EVIDENTIARY AGREEMENT

The Parties acknowledge, declare, and undertake that in any dispute that may arise from this Agreement, the Seller's and Buyer's official books and commercial records, as well as electronic information and computer records kept in their own databases and servers, shall constitute binding, conclusive, and exclusive evidence, and that this article constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.

16. ENTRY INTO FORCE

This Agreement, consisting of 16 (sixteen) articles, has been read by the Parties and concluded and entered into force upon being approved by the Buyer in the electronic environment on the date of the transaction. The "Preliminary Information Form," which is sent to the Buyer's e-mail address, presented for the Buyer's information and approval on the internet before the Agreement is established, and a draft of which is available on the Website, is an integral part of the Agreement.