Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES AND LEGAL BASIS OF THE AGREEMENT
This Distance Sales Agreement ("Agreement") is executed electronically between the Seller, whose detailed information is specified below, and the Buyer, whose identity details are recorded below and who places an order through the electronic commerce platform, in accordance with the Law No. 6502 on the Protection of Consumers, the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102, the Regulation on Distance Contracts, and related secondary legislation.
A. SELLER
Trade Name: ONVO ELEKTRONİK ANONİM ŞİRKETİ
MERSIS Number: 0614092832500001
Trade Registry Number: 118463-5
Tax Office & Number: Büyükçekmece Tax Office, No: 609 098 0112
Registered Headquarters Address: Mimaroba Mah. Emirşah Sok. NO: 8/1 Büyükçekmece, Istanbul / Türkiye
Contact Phone: +90 850 886 66 86
E-mail Address:
info@onvo.com.trWebsite:
[www.onvo.com](https://www.onvo.com).trField of Activity: Sale of electronic products
Trade Registry Office: Istanbul Trade Registry Office
(Hereinafter referred to as the "SELLER" in this Agreement.)
B. BUYER
Name-Surname / Trade Title: [BUYER NAME-SURNAME / TRADE TITLE]
T.R. ID / Tax Number: [T.R. ID / TAX NO]
Registered Address: [BUYER ADDRESS]
Delivery Address: [DELIVERY ADDRESS]
Contact Phone: [BUYER PHONE]
E-mail Address: [BUYER E-MAIL]
Billing Address: [BILLING ADDRESS]
(Hereinafter referred to as the "BUYER" in this Agreement.)
The person who becomes a member of the
onvo.com.trshopping website as a customer. Address and contact information used during registration shall be taken as the basis.
C. ORDERING PERSON INFORMATION
Name-Surname / Title: [ORDERER NAME-SURNAME / TRADE TITLE]
Address: [ORDERER ADDRESS]
Phone: [ORDERER PHONE]
E-mail: [ORDERER E-MAIL]
Username: [ORDERER USERNAME]
The person who becomes a member of the
onvo.com.trshopping website as a customer. Address and contact information used during registration shall be taken as the basis.
2. DEFINITIONS AND CONCEPTS
In the implementation, interpretation, and execution of this Agreement, the following terms shall express the meanings written opposite them:
MINISTRY: Ministry of Commerce of the Republic of Türkiye,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts,
SERVICE: Any consumer transaction other than providing goods, performed or committed to be performed in return for a fee or benefit,
GOODS/PRODUCTS: Movable items subject to shopping and intangible goods such as software, audio, images, and similar prepared for use in digital environment,
SELLER: Real or legal persons providing goods or services to consumers within the scope of commercial or professional activities, or acting on behalf of or for the account of the provider,
BUYER: Real or legal persons acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
CONSUMER: Real persons acting for non-commercial or non-professional purposes,
SITE: The website with the domain name
[www.onvo.com](https://www.onvo.com).trbelonging to the SELLER, along with all sub-domains and mobile applications connected to this site,ORDERER: Real or legal persons requesting a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER,
RIGHT OF WITHDRAWAL: The right of the buyer to withdraw from the contract in distance sales without stating any reason and without paying any penalty,
WITHDRAWAL PERIOD: A period of fourteen days starting from the day the consumer or third party designated by the consumer receives the goods in product deliveries; and fourteen days from the day the contract is established in service performance,
ENABLING LEGISLATION: Law No. 6502 on the Protection of Consumers, Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, Regulation on Distance Contracts, and all related legal regulations,
DIGITAL CONTENT: Data, audio, visuals, software, and similar intangible goods presented in digital format,
MEANS OF DISTANCE COMMUNICATION: Tools enabling contract establishment without physical confrontation such as letters, catalogs, telephone, fax, radio, television, e-mail, short messages, internet,
FORCE MAJEURE: Unforeseeable events beyond control of the parties preventing or delaying performance of obligations,
DEFAULT: Debtor's failure to perform obligations on time due to fault.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. This Agreement regulates rights and obligations of the parties within the framework of Law No. 6502 on the Protection of Consumers, Regulation on Distance Contracts, and related legislation regarding sales and delivery of goods/services ordered electronically by the BUYER via SELLER's website [www.onvo.com](https://www.onvo.com).tr, whose qualifications, sales price, and delivery conditions are specified below.
3.2. The SELLER undertakes to procure and deliver contract products or services when ordered by the BUYER in accordance with provisions hereof, Preliminary Information Form, and legal requirements.
3.3. When purchasing, the BUYER accepts in advance sales price stated on website, total costs including taxes, shipping fees, and any other expenses.
3.4. The SELLER is obligated to deliver products ordered electronically to the address requested by the BUYER within terms specified herein.
3.5. Parties declare and accept that electronic confirmation of this Agreement constitutes written evidence pursuant to Article 5 of Turkish Code of Obligations.
3.6. Listed prices and promises are valid until campaign date. Time-bound campaigns remain valid until end of specified period.
4. PROVISIONS ON PRELIMINARY INFORMATION FORM
4.1. Prior to approving this Agreement, the BUYER declares and accepts having clear, understandable, and electronically confirmed information provided by the SELLER regarding:
Essential characteristics of product or service,
Sales price and total amount including all taxes,
Payment and delivery conditions,
Conditions, duration, and exercise of right of withdrawal,
Products excluded from right of withdrawal,
Complaint and appeal mechanisms.
4.2. Preliminary Information Form is an integral part of this Agreement; order process cannot be completed without electronic approval by BUYER.
4.3. BUYER's electronic confirmation of preliminary information obligation signifies acquiring full details including address, product specs, total price with taxes, payment and delivery info prior to contract formation.
5. CONTRACT PRODUCT/PRODUCTS INFORMATION
5.1. Basic Characteristics
Type, quantity, brand/model, color, sales amount, and payment method of contract product/service are specified on product page of SELLER's website on order approval date.
5.2. Prices and Campaigns
5.2.1. All prices listed and declared on website are sales prices including taxes.
5.2.2. Declared prices and campaigns may be modified by SELLER. Time-bound campaigns expire at end of stated period.
5.2.3. SELLER reserves right to cancel orders in cases of stock depletion, technical errors, or system pricing errors. In such cases, amount paid by BUYER shall be refunded within 14 (fourteen) days.
5.3. Taxes and Additional Fees
All taxes, duties, and legal obligations related to product/service are included in sales price. However, shipping fee arising during delivery shall be paid separately by BUYER, unless explicitly stated as "free shipping" on website.
5.4. Order and Delivery Details
Payment Method: [CREDIT CARD / WIRE TRANSFER / EFT etc.]
Delivery Address: [BUYER DELIVERY ADDRESS]
Recipient Person: [DELIVERY RECIPIENT]
Billing Address: [BILLING ADDRESS]
Order Date: [ORDER DATE]
Delivery Date: [DELIVERY DATE]
Delivery Type: [CARRIER / ELECTRONIC DELIVERY etc.]
5.5. Shipping and Delivery
5.5.1. Shipping fees shall be covered by BUYER unless stated otherwise.
5.5.2. Cargoes with damaged packaging during delivery shall not be accepted, and an official report shall be issued.
6. INVOICE INFORMATION
Name-Surname / Title: [BUYER NAME-SURNAME / TRADE TITLE]
T.R. ID / Tax No: [T.R. ID / TAX NO]
Address: [BUYER BILLING ADDRESS]
Phone: [BUYER PHONE]
E-mail: [BUYER E-MAIL ADDRESS]
6.1. Invoice Delivery
6.1.1. Invoice shall be sent together with product delivery to billing address provided by BUYER.
6.1.2. If registered in e-invoice system, BUYER agrees to issuance of electronic invoice delivered via e-mail.
7. GENERAL PROVISIONS
7.1. Preliminary Information Confirmation
7.1.1. BUYER accepts and undertakes having read and confirmed preliminary information on website regarding product characteristics, price, payment, and delivery.
7.1.2. Confirmation of preliminary information obligation signifies receiving full information prior to distance contract formation.
7.2. Delivery and Performance
7.2.1. Contract product shall be delivered to recipient at address specified within statutory 30 (thirty) day period. Duration may extend based on BUYER's distance.
7.2.2. SELLER is obligated to notify BUYER within 3 (three) days in case of stock depletion, production halt, or force majeure. Amounts paid shall be refunded within 14 (fourteen) days.
7.2.3. SELLER cannot be held responsible if third-party recipient refuses delivery.
7.2.4. Full or partial payment is required for delivery. If payment is canceled or unperformed, SELLER's delivery obligation ceases.
7.3. Obligations of SELLER
7.3.1. SELLER undertakes to deliver contract product intact, defect-free, according to specifications, alongside warranty docs and user manuals if applicable.
7.3.2. SELLER provides necessary support for BUYER's rights under Law No. 6502 in case of defective products.
7.3.3. Prior to delivery, SELLER may supply alternative product of equal quality and price with explicit BUYER consent.
7.3.4. SELLER is responsible for delivering solid, complete, and compliant goods.
7.4. Obligations of BUYER
7.4.1. BUYER accepts confirming Agreement electronically before delivery, acknowledging SELLER's delivery obligation ends if payment fails or gets canceled.
7.4.2. If credit card is used fraudulently by unauthorized persons post-delivery and bank fails to pay SELLER, BUYER shall return delivered product within 3 (three) days at SELLER's shipping expense.
7.4.3. Non-payment by financial institution obligates BUYER to return goods within 3 days at SELLER's freight cost.
7.5. Force Majeure
7.5.1. Unforeseeable events beyond control (natural disasters, war, strike, pandemic, official decisions, cyber attacks, etc.) constitute force majeure.
7.5.2. Force majeure suspends SELLER's performance obligations. BUYER may cancel order or request delivery deferral until condition ends.
7.5.3. If extraordinary circumstances prevent timely delivery, SELLER shall notify BUYER. BUYER may choose order cancellation, replacement with equivalent, or delivery delay. Upon cancellation, full refund shall be made within 14 days.
7.6. Communication and Notifications
SELLER may make all notifications using contact details (address, e-mail, phone) provided by BUYER during ordering. BUYER explicitly consents to such communication.
7.7. Evidence Agreement and Authorized Court
Parties accept that SELLER's commercial books, electronic logs, computer and internet records constitute conclusive evidence pursuant to Article 193 of HMK (Code of Civil Procedure).
8. PAYMENT AND DELIVERY
8.1. BUYER shall pay total amount including product cost, interest, and taxes using selected payment method upon completing order.
8.2. Credit card transactions are subject to credit card agreement between BUYER and bank. Additional financial obligations like interest or default interest belong solely to BUYER.
8.3. Delivery shall occur within time stated on website, not exceeding statutory 30-day limit.
8.4. Delivery is conducted via SELLER's contracted courier company. Delivery costs belong to BUYER unless agreed otherwise.
9. RIGHT OF WITHDRAWAL
9.1. General Principles
9.1.1. BUYER holds right to withdraw from contract within 14 (fourteen) days from delivery date without stating reasons or paying penalty fees, provided SELLER is notified.
9.1.2. In service contracts, withdrawal period starts on contract execution date. Right of withdrawal cannot be exercised if service performance started with consumer consent before withdrawal period expires.
9.1.3. All costs relating to exercise of right of withdrawal belong to SELLER.
9.1.4. BUYER acknowledges prior notification regarding right of withdrawal.
9.1.5. In withdrawal calculations: last product received date applies for separate deliveries under single order; last piece received date applies for multi-piece goods; first delivery date applies for regular interval deliveries.
9.2. Exercise of Right of Withdrawal
9.2.1. Written notice must be issued to SELLER within 14 days via:
E-mail:
info@onvo.com.trPhone: +90 850 886 66 86
Postal Address: 34535
9.2.2. Product must be returned complete, undamaged, with original packaging, accessories, manuals, and promotional items.
9.2.3. Corporate returns require corporate return invoice issued by institution.
9.2.4. Written withdrawal notice must reach SELLER within withdrawal period.
9.2.5. Returned goods must be complete and undamaged as delivered.
9.2.6. Original invoice must be returned (not required if return invoice is issued).
9.3. Consequences of Right of Withdrawal
9.3.1. Upon valid withdrawal exercise, SELLER refunds product price and delivery costs within 14 (fourteen) days post-product receipt via original payment method.
9.3.2. In credit card payments, bank refund processing time remains outside SELLER's responsibility.
9.3.3. BUYER must dispatch product back to SELLER within maximum 10 (ten) days post-withdrawal notice.
9.3.4. If withdrawal voids campaign or promotion conditions, discount amount shall be deducted from refund.
9.3.5. Refund occurs within max 14 days following arrival of withdrawal notification to SELLER, provided return conditions are met.
9.3.6. Return shipping expenses for valid withdrawal are covered by SELLER.
10. EXCEPTIONS TO RIGHT OF WITHDRAWAL
10.1. Right of withdrawal cannot be exercised for:
10.1.1. Products prepared in line with special requests or explicit personal needs of BUYER,
10.1.2. Perishable goods or goods prone to expiration,
10.1.3. Products unsuited for return due to health and hygiene reasons whose packaging was opened post-delivery,
10.1.4. Goods inextricably mixed with other items after delivery,
10.1.5. Books, digital content, and computer consumables whose packaging was opened post-delivery,
10.1.6. Leisure services related to accommodation, freight transport, car rental, food-beverage supply, and entertainment executed on specific dates,
10.1.7. Services whose performance commenced with consumer consent before withdrawal period expired.
10.2. For electronic products belonging to the ONVO brand, right of withdrawal cannot be exercised if device packaging is opened, or if device installation/activation has been performed.
11. DEFAULT AND LEGAL CONSEQUENCES
11.1. BUYER Default
11.1.1. If BUYER defaults on credit card payments, BUYER agrees to pay interest and remain responsible under credit card contract with cardholder bank.
11.1.2. SELLER may claim all damages and expenses arising from BUYER's default in fulfilling obligations.
11.1.3. Failure to perform payment obligations empowers SELLER to cancel order and refund collected amounts.
11.2. SELLER Default
11.2.1. If SELLER fails to deliver within statutory period, BUYER may cancel order and demand refund.
11.2.2. Refund shall be processed within maximum 14 (fourteen) days post-receipt of BUYER's cancellation request.
11.2.3. Damages incurred by BUYER due to SELLER's faulty delay shall be compensated by SELLER.
12. DISPUTE RESOLUTION AND COMPETENT COURT
12.1. Turkish Law shall apply in implementation, interpretation, and resolution of legal relationships under this Agreement.
12.2. Complaints regarding disputes shall primarily be directed to SELLER. SELLER's evaluation process shall not exceed 30 days.
12.3. If satisfactory response is unobtained, Consumer Arbitration Committees at BUYER's residence hold jurisdiction up to monetary limits declared by Ministry of Commerce; Central (Çağlayan) Courts and Execution Offices of Istanbul hold jurisdiction for exceeding amounts.
12.4. Documents indicating monetary value and account statements in current accounts constitute evidence under Article 193 of HMK.
12.5. Applications may be filed to Consumer Arbitration Committee or Consumer Court at BUYER's settlement or consumer transaction location.
13. EFFECTIVENESS AND GENERAL PROVISIONS
13.1. Entry into Force
13.1.1. By completing order payment on Site, BUYER declares reading, understanding, accepting, and committing to all terms hereof.
13.1.2. Agreement gains validity instantly upon electronic confirmation by BUYER.
13.1.3. SELLER is obligated to establish software setup ensuring BUYER reads and approves Agreement prior to order placement.
13.1.4. Valid upon electronic acceptance, remaining effective until mutual performance.
13.2. Amendments to Agreement
13.2.1. SELLER reserves right to amend Agreement terms. Amendments take effect on publication date on website.
13.2.2. Amendments apply strictly to orders placed post-modification date.
13.3. Severability
Invalidity of any provision shall not affect validity of remaining provisions.
13.4. Recording and Retention
13.4.1. Agreement executed electronically is retained in electronic format by SELLER.
13.4.2. Copy of Agreement shall be sent to BUYER's e-mail address.
13.4.3. BUYER accepts confirming Agreement electronically by checking "I have read and accept the Distance Sales Agreement" box during order completion.
13.5. Contact and Notification Addresses
13.5.1. Communications with SELLER shall use:
E-mail:
info@onvo.com.trPhone: 444 4 030 / +90 850 886 66 86
Address: Mimaroba Mah. Emirşah Sok. NO: 8/1 Büyükçekmece, Istanbul / Türkiye
13.5.2. BUYER is obligated to notify SELLER in case of address change.
14. SIGNATURES AND APPROVAL
This Agreement consists of 14 (fourteen) main headings and 14 articles in total, read and accepted electronically by BUYER.
SELLER: ONVO ELEKTRONİK ANONİM ŞİRKETİ
DATE: [CONTRACT DATE]
AUTHORIZED SIGNATURE: [SELLER AUTHORIZED REPRESENTATIVE]
BUYER NAME: [BUYER NAME-SURNAME]
DATE: [CONTRACT DATE]
ELECTRONIC APPROVAL: [BUYER ELECTRONIC APPROVAL]
