DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement (the “Agreement”) has been concluded in the electronic environment between the SELLER and the BUYER whose details are set out below, following the approval by the BUYER in the electronic environment of the Preliminary Information Form (the “Form”), which forms an integral part of the Agreement, on the terms and conditions set out below.
1.1 SELLER
Title: THY Hava Kargo Taşımacılığı Anonim Şirketi
Address: TAYAKADIN MAH. NURİ DEMİRAĞ CAD. NO: 64 ARNAVUTKÖY/ İSTANBUL
MERSIS/Tax Identification Number: 8430729041
Telephone: 90 212 463 63 63
E-mail: [email protected]
Complaint/Suggestion Channels: https://feedback.turkishairlines.com/tr
1.2. INTERMEDIARY SERVICE PROVIDER
Title: Türk Hava Yolları Anonim Ortaklığı
Address: Türk Hava Yolları A.O. Genel Yönetim Binası, Yeşilköy Mahallesi, Havaalanı Caddesi, No.3/1, 34149, Bakırköy/İstanbul
MERSIS/Tax Identification Number: 0876004746400017
Telephone: +90 212 4636363
E-mail: [email protected]
Complaint Application Channels: [email protected]
1.3. BUYER
Name and surname/Title:
Invoice Address: [Information entered at the time of the order]
Delivery Address: [Information entered at the time of the order]
Telephone: [Information entered at the time of the order]
E-mail: [Information entered at the time of the order]
Membership Status: [Member / Order placed without membership (guest shopping)]
1.4. For the purposes of this Agreement, the “SELLER” means the person who offers goods to the consumer for commercial or professional purposes, or who acts in the name or on behalf of the person offering the goods.
1.5. For the purposes of this Agreement, the “BUYER” means the person who acquires, uses or benefits from goods for non-commercial and non-professional purposes and who thereby undertakes an obligation to pay a price.
2. EXPLANATIONS
2.1. The website at store.turkishairlines.com (the “Electronic Commerce Environment”) on which the purchase within the scope of this Agreement is made belongs to Türk Hava Yolları Anonim Ortaklığı (“THY”). Türk Hava Yolları A.O. participates in this agreement solely in the capacity of intermediary service provider supplying the electronic commerce environment and bears no seller's liability whatsoever in respect of the goods offered for sale.
2.2. Only products bearing the THY trademark or the trademarks of companies in an economic unity relationship with THY are offered for sale in the Electronic Commerce Environment. Accordingly, the sellers permitted to sell in that environment are limited to companies having with THY the economic unity relationship defined in Article 2 of Law No. 6563 on the Regulation of Electronic Commerce (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun).
2.3. The obligations relating to the sale, invoicing, delivery and return of the products subject to the Agreement rest exclusively with the SELLER. Any claim of the BUYER arising from the goods subject to the sale shall be directed to the SELLER.
2.4. The Parties agree that the addresses set out in this Agreement are their valid addresses for service, and that any notification made to those addresses shall be deemed to have been duly made to the Parties.
3. SUBJECT MATTER
The subject matter of this Agreement is the determination of the rights and obligations of the Parties, within the scope of Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği) and the relevant legislation, in relation to the sale and delivery of the product(s) ordered by the BUYER from the SELLER in the Electronic Commerce Environment, the characteristics and sale price of which are specified in the Form.
4. CONCLUSION OF THE AGREEMENT
4.1. This Agreement enters into force upon the BUYER creating its order in the Electronic Commerce Environment and approving it in the electronic environment.
4.2. The prices listed and announced in the Electronic Commerce Environment are the sale prices and are valid until updated. Prices and campaigns announced for a limited period shall be valid until the end of the period specified in the relevant campaign.
5. DELIVERY AND DELIVERY PERIOD
5.1. The SELLER shall deliver the product subject to the Agreement, within thirty (30) days at the latest following receipt of the BUYER's order by the SELLER, to the Delivery Address specified in the Form and in Article 1.3 of this Agreement, through the carrier designated by BOVO, the company conducting the SELLER's logistics processes, and indicated in the Form under the heading “Carrier Envisaged for Delivery”.
5.2. Delivery is made as soon as possible after stock availability is confirmed and the price of the goods has been credited to the Seller's account. Delays may occur due to force majeure events such as natural disasters, adverse weather conditions, etc.
5.3. Unless otherwise stated, the delivery costs (shipping fee, etc.) shall be borne by the BUYER. The shipping price is added to the total order amount. The shipping fee and any other delivery costs are shown separately in the order summary and are presented to the BUYER before payment is taken.
5.4. Depending on the outcome of the campaigns conducted at the time of sale and/or the terms of which are announced on the website, the SELLER may choose not to pass on all or part of that shipping fee to the BUYER.
5.5. Where the BUYER is not present at the address at the time of delivery, delivery may be made, within the framework of the shipping company's delivery procedures, to the person(s) designated by the BUYER or to persons able to take delivery at the address. The SELLER is not liable for any failure to effect delivery arising from the BUYER notifying an incorrect/incomplete delivery address, failing to provide the information necessary for delivery or failing to cooperate at the delivery stage.
5.6. The BUYER may pay the order amount by credit card, debit card or the other payment methods offered at the payment stage on the website (Miles / TK Pay / Gift Voucher, etc.).
5.7. The payment instruments accepted in respect of the order are clearly shown on the payment screen before the confirmation of each order.
6. RIGHTS AND OBLIGATIONS OF THE SELLER
6.1. The SELLER is obliged to deliver the product(s) subject to the Agreement to the carrier complete, sound, in conformity with the characteristics specified in the order and together with the warranty certificates and user manuals, if any, in compliance with the applicable legislation.
6.2. Where the price of the product subject to the order is not paid by the BUYER for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement shall cease.
6.3. The SELLER may dispatch the product(s) subject to the order in partial deliveries, depending on stock and logistics conditions, as indicated at the order stage and in the Form. This shall not constitute a breach of the Agreement.
6.4. The SELLER reserves the right to make changes to the packaging, labelling or images of the product(s) which do not affect the essential characteristics of the product. Such changes shall not be regarded as a breach of the Agreement or as a defect.
6.5. Where it becomes apparent on justified grounds that the product(s) subject to the Agreement cannot be supplied, the SELLER may supply the BUYER with a different product of equal quality and price, by informing the BUYER before the expiry of the period of the performance obligation arising from the Agreement and obtaining the BUYER's express consent.
6.6. Where performance of the product(s) subject to the order becomes impossible, the SELLER shall notify the BUYER in writing within 3 (three) days from the date on which it becomes aware of the situation and shall refund to the BUYER the total amount paid by the BUYER within 14 (fourteen) days.
6.7. Where a gift wrapping service is requested in purchases, the gift wrapping service is subject to a charge and shall be provided only against payment of the relevant fee.
6.8. The SELLER reserves the right to adapt the provisions of this Agreement due to changes that may occur in the applicable legislation. The changes made enter into force upon being announced on the website. Adaptations made in this context shall apply to contracts concluded after the date on which they enter into force and shall not affect contracts already concluded or orders already placed.
7. RIGHTS AND OBLIGATIONS OF THE BUYER
7.1. The BUYER is responsible for paying the price of the product(s) subject to the Agreement.
7.2. The BUYER is obliged to inspect the product(s) subject to the Agreement before taking delivery and not to take delivery from the shipping company of product(s) that are dented, broken, with torn packaging or otherwise damaged or defective. Product(s) taken delivery of shall be deemed to be undamaged and sound.
7.3. Careful preservation of the product(s) after delivery is the responsibility of the BUYER. Where the right of withdrawal is exercised, the product(s) must not have been used and the invoice must be returned.
7.4. Where the assembly of the product must be carried out by the BUYER, the SELLER cannot be held liable for the consequences arising from assembly carried out contrary to the assembly instructions or from damage to the product during assembly.
7.5. Where, after delivery of the product(s) subject to the Agreement, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair or unlawful use by unauthorised persons of the credit card used in paying for the order subject to the Agreement, the BUYER agrees to return the product(s) to the SELLER within 3 (three) days, with the transport costs to be borne by the SELLER.
7.6. The BUYER acknowledges and undertakes that, in payments made by credit card, all legal and financial risks that may arise from the cardholder being a different person from the BUYER or from the person to whom the product is to be delivered rest with the BUYER, and that it shall raise no claim against the SELLER in respect of any damage it may thereby suffer.
7.7. The BUYER acknowledges and undertakes that the personal and other information it shares when becoming a member of the SELLER's website and when creating an order is accurate, complete and up to date, and that it shall indemnify, upon first demand, any damage the SELLER may suffer as a result of such information being untrue.
7.8. The BUYER may submit its requests and complaints through the SELLER's communication channels.
Where product(s) sold with or without a warranty certificate are faulty or defective, the BUYER may send the product(s) to the SELLER without paying shipping costs so that the necessary repair may be carried out within the scope of the warranty conditions.
7.9. The BUYER agrees to act in compliance with the applicable legislation and with the law when using the website at store.turkishairlines.com, and not to engage in any use contrary to the legislation. Otherwise, the civil and criminal liability arising shall rest exclusively with the BUYER.
7.10. Where there is a quantity limitation for the product(s) announced on the website or specified in the campaign terms, the BUYER is obliged to comply with such limitations. Where it is determined that the BUYER has placed an order in breach of the quantity limitations, the part of the order exceeding the limitation shall be cancelled and the price relating to the cancelled product(s) shall be refunded to the BUYER.
7.11. Where the BUYER selects the corporate invoice option at the time of the order, a corporate invoice shall be issued on the basis of the tax identification number and tax office details entered by the BUYER. The BUYER agrees that such information is accurate and up to date and that it is liable for all direct and indirect damages that may arise from incorrect or incomplete information being provided.
7.12. The BUYER acknowledges and undertakes that the delivery address and contact details notified at the time of the order are accurate, complete and up to date. The BUYER is liable for any damage, cost and delay that may arise where the product(s) cannot be delivered, are delayed or are returned due to incorrect, incomplete or out-of-date information.
7.13. The BUYER agrees to exercise the right of withdrawal in accordance with the rule of good faith and not to cause loss to the SELLER by actually using the product(s), acquiring them for commercial purposes or repeatedly abusing the right of withdrawal. Where it is established that the right of withdrawal has been manifestly abused, the SELLER's statutory rights are reserved.
7.14. Request and Complaint Resolution Process: The BUYER may submit its requests, suggestions and complaints relating to the order, product, delivery, return and withdrawal processes to the SELLER's communication channels indicated in this Agreement; and its requests and complaints relating to the use of the Electronic Commerce Environment to the communication channels of the INTERMEDIARY SERVICE PROVIDER.
7.15. Applications shall be concluded within thirty (30) days at the latest from the date of registration and a response shall be given to the BUYER in writing or on a durable medium. Where a shorter period is prescribed in the legislation, that period shall apply.
8. RIGHT OF WITHDRAWAL
8.1. Without prejudice to the exceptions set out in Article 9, the BUYER has the right to withdraw within fourteen (14) days from the date of delivery of the product(s), without giving any reason and without paying any penalty.
8.2. For the purposes of the commencement of the withdrawal period, the basis shall be the day on which:
- in the case of goods forming the subject of a single order but delivered separately, the last product;
- in the case of goods consisting of more than one part, the last part;
- in contracts providing for the regular delivery of goods over a certain period, the first product,
is received. Delivery of the goods by the SELLER to the carrier is not deemed to be delivery to the BUYER.
8.3. The BUYER may exercise its right of withdrawal, within the withdrawal period, by completing the withdrawal form available in the Electronic Commerce Environment or by an express statement notifying its decision to withdraw, addressed to the SELLER;
- by e-mail to [[email protected]]
or through other durable media. The burden of proving that the right of withdrawal was exercised within the period rests with the BUYER. The Model Withdrawal Form is available on the website and may also be completed and submitted through the Electronic Commerce Environment.
8.4. Following receipt of the withdrawal notification, the SELLER shall send the BUYER confirmation that the notification has reached it.
8.5. The BUYER is obliged to return the product(s) to the SELLER within 14 (fourteen) days from the date on which it sent the notification of exercise of the right of withdrawal. The SELLER shall refund to the BUYER, within fourteen (14) days from the date on which the product(s) subject to withdrawal are delivered for return to the carrier indicated in the Form under the heading “Carrier Envisaged for Return”, all payments collected, including the costs of delivery of the product(s) to the BUYER, if any, in a manner consistent with the method of payment.
8.6. Return operations are carried out through the carrier indicated in the Form under the heading “Carrier Envisaged for Return” and using the return shipping code generated by the SELLER, without any cost being imposed on the BUYER. Shipments sent freight-collect without using the return shipping code shall not be accepted by the SELLER and shall be returned to the BUYER.
8.7. During the withdrawal period, the BUYER may use the product(s) only for the purpose of an ordinary examination in accordance with their operation, technical specifications and instructions for use. Where this limit is exceeded, the BUYER shall be liable for any diminution in the value of the product.
8.8. Where the BUYER exercises its right of withdrawal before delivery of the product, the SELLER shall refund to the BUYER, within fourteen (14) days from the date on which the withdrawal notification reaches it, all payments collected, including the costs of delivery of the product to the BUYER, if any, in a manner consistent with the method of payment.
8.9. The exceptions to the right of withdrawal are set out separately below.
9. CASES IN WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The BUYER may not exercise the right of withdrawal in the contracts specified in the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği) and other legislation and set out in detail below.
a) Contracts relating to products the price of which is not under the control of the SELLER or of the INTERMEDIARY SERVICE PROVIDER and which varies according to fluctuations in the financial markets.
b) Contracts relating to products prepared in line with the consumer's requests or personal needs.
c) Contracts relating to the delivery of products which are liable to deteriorate quickly or which may expire.
d) Contracts relating to the delivery of products the protective elements of which, such as packaging, tape, seal or parcel, have been opened after delivery and the return of which is not suitable from the point of view of health and hygiene.
e) Contracts relating to products which, after delivery, become mixed with other products and which by their nature cannot be separated.
f) Contracts relating to books, digital content and computer consumables supplied in tangible form, where the protective elements such as packaging, tape, seal or parcel have been opened after delivery of the product(s).
g) Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription contract.
h) Contracts relating to accommodation, transport of goods, car rental, the supply of food and beverages and the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or during a specific period.
i) Contracts relating to services performed instantaneously in the electronic environment or to intangible goods delivered instantaneously to the consumer.
j) Contracts relating to services the performance of which has commenced, with the consumer's approval, before the expiry of the withdrawal period.
k) Contracts concluded by auction in the form of a live auction.
Legal entities and/or persons acting for commercial or professional purposes may not benefit from the right of withdrawal or from any right arising from the right of withdrawal.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1. The BUYER agrees that the trademarks, logos, designs, software, visual content and other intellectual and industrial property rights featured on the product(s) it has purchased belong to the INTERMEDIARY SERVICE PROVIDER, to the SELLER or to the relevant rightholders. The BUYER may not copy, reproduce, distribute, publish, use for commercial purposes or transfer to third parties these elements without the written permission of the SELLER or of the INTERMEDIARY SERVICE PROVIDER.
10.2. The BUYER acknowledges and undertakes that it shall not use the product(s) for unlawful purposes and shall not act in a manner infringing the rights of third parties. The SELLER's right of recourse against the BUYER is reserved in respect of any claim and sanction that may be asserted against the SELLER by third parties or competent authorities as a result of use in breach of this obligation.
11. RETURN PROVISIONS
11.1. Where the right of withdrawal is exercised, the product(s) to be returned must be delivered to the SELLER complete and undamaged, together with their box, packaging and standard accessories, if any.
11.2. Where the value of the goods diminishes for a reason attributable to the BUYER's fault, or where return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to its fault. However, the BUYER is not liable for changes and deterioration occurring within the withdrawal period and as a result of the proper use of the product.
11.3. Where, as a result of the exercise of the right of withdrawal in respect of part of the order, the campaign limit amount set by the SELLER is no longer met, the discount amount benefited from within the scope of the campaign shall be cancelled and set off against the amount to be refunded.
11.4. Where the BUYER does not take delivery of the Product from the shipping company for any reason, the BUYER shall be deemed to have returned the Product and the payments collected shall be refunded within the statutory period.
11.5. Where the products returned by the BUYER are found by the SELLER not to be suitable for return, the BUYER's return request shall be rejected. The relevant products shall be sent back to the address notified by the BUYER under the Agreement.
11.6. Where product(s) sold with or without a warranty certificate are defective (faulty, broken, etc.) or become faulty within the warranty period, the product(s) may be sent to the SELLER so that the necessary repair may be carried out within the scope of the relevant legislation and the warranty conditions. In such case, the shipping costs shall be borne by the SELLER within the framework of the provisions of the legislation.
11.7. Where the order is cancelled by the BUYER, in payments made by the BUYER in cash, the product amount shall be paid to the BUYER in cash and in a single instalment within 14 days. In payments made by the BUYER with Miles, the refund shall be made to the BUYER in the form of a gift voucher of the same value. In payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days following the cancellation of the order by the BUYER. In other payment methods, the refund shall be made to the payment instrument used by the BUYER.
11.8. The BUYER acknowledges, declares and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected by the bank in the BUYER's account may take 2 to 3 weeks, that the reflection of that amount in the BUYER's accounts after its return to the bank is entirely a matter of the bank's transaction process, and that the BUYER may not hold the SELLER liable for any delays.
12. FORCE MAJEURE
12.1. The SELLER acknowledges, declares and undertakes that, where it is unable to deliver the product subject to the Agreement within the period due to force majeure events such as circumstances arising beyond its control, unforeseeable and preventing and/or delaying performance of its obligation, it shall notify the BUYER of the situation.
12.2. The BUYER shall likewise be entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the Agreement with an equivalent product, if any, and/or the postponement of the delivery period until the preventing circumstance ceases.
13. GENERAL PROVISIONS
13.1. This Agreement has been concluded between the BUYER and the SELLER in the electronic environment and governs the reciprocal rights and obligations of the parties. The preliminary information form, the distance sales agreement and the electronic records relating to the order featured on the SELLER's website shall be assessed as a whole.
13.2. The invalidity, nullity or unenforceability of any of the provisions of this Agreement shall not affect the validity of the other provisions.
13.3. The SELLER reserves the right to amend the provisions of this Agreement due to changes in the applicable legislation and technical requirements. The amendments made shall take effect from the date on which they are announced on the website. The amendments made shall apply to contracts concluded after the date on which they enter into force and shall not affect contracts already concluded or orders already placed.
13.4. The Parties agree that the electronic records, system records and database records relating to the transactions carried out within the scope of this Agreement constitute evidence.
14. PERSONAL DATA AND CONFIDENTIALITY
14.1. Detailed information on the processing of your personal data is set out in the Turkish Airlines Official Store Data Protection Notice. You may access the Data Protection Notice here.
14.2. Türk Hava Yolları A.O. attaches importance to the protection of confidentiality. All reasonable measures are taken to keep confidential the information you transmit to us by using the Website and to protect such information from unauthorised access. Notwithstanding the measures taken, it is not guaranteed that unauthorised access to such information will never occur. Save in the presence of our gross fault, Turkish Airlines shall not be liable for unauthorised access.
14.3. The User is responsible for ensuring that the contact details and other information it shares with Türk Hava Yolları A.O. are accurate, up to date and accessible. Türk Hava Yolları A.O. cannot be held liable for incorrect dispatch, failure of a notification to arrive or similar consequences that may occur due to the information provided by the User being erroneous, incomplete, out of date or belonging to third parties. Furthermore, the User is obliged to maintain the confidentiality of the username, password and other login credentials relating to its Website or application accounts, if any. Türk Hava Yolları A.O. is not liable for any damage that may arise as a result of such credentials not being protected by the User or being shared with third parties.
15. RESOLUTION OF DISPUTES
15.1. Turkish law shall apply to disputes arising from this agreement and from the Form attached to it.
15.2. Being valid within the borders of the Republic of Türkiye, for disputes up to the value announced each year by the Ministry of Trade, the Provincial or District Consumer Arbitration Committees at the place where the CONSUMER transaction was carried out or where the CONSUMER's domicile is located shall have jurisdiction; and for disputes exceeding that value, the Consumer Courts at the place where the CONSUMER transaction was carried out or where the CONSUMER's domicile is located shall have jurisdiction, provided that recourse is had to a mediator before an action is brought, pursuant to Article 73/A of the Law.
15.3. Where the order is realised, the CONSUMER shall be deemed to have accepted all the terms of this agreement.
16. NOTIFICATIONS AND EVIDENTIAL AGREEMENT
16.1. All correspondence between the Parties shall be made in writing, save in the mandatory cases listed in the legislation. The BUYER acknowledges, declares and undertakes that, in disputes that may arise from the Agreement, the SELLER's commercial books, computer, records and other documents shall constitute valid and binding evidence, and that this Article constitutes an evidential agreement within the meaning of Article 193 of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu).
17. ENTRY INTO FORCE
17.1. This Agreement, consisting of 17 articles, has been read by the Parties and has been concluded and entered into force on the transaction date upon approval by the BUYER in the electronic environment. A copy of the Agreement and of the Form is available in the BUYER's membership account and is additionally sent to its e-mail address on a durable medium. As regards a BUYER who places an order without membership, it is sent, following order confirmation, on a durable medium to the e-mail address notified by the BUYER.