DISTANCE SALES AGREEMENT
This DISTANCE SALES AGREEMENT (hereinafter referred to as the "Agreement") is entered into between PAN DENİZ TAŞIMACILIĞI LOJİSTİK FAALİYETLERİ VE TURİZM LTD. ŞTİ., located at Küçük Piyale Mahallesi, Yolcu Sokak, No:16 Beyoğlu/İstanbul (hereinafter referred to as the "SELLER" or "PAN"), and the Buyer (hereinafter referred to as the "BUYER") who accepts and undertakes the terms and conditions set forth herein. Within this Agreement, the SELLER and the BUYER shall be individually referred to as a "Party" and collectively as the "Parties."
This Agreement sets forth the terms and conditions regarding the sale of products offered on the SELLER's Platform.
Article 1: Definitions
For the interpretation and implementation of this Agreement, the terms below shall have the following meanings:
BUYER: The natural or legal person acquiring the goods/products offered on the SELLER's Platform and whose information appears on the invoice issued by the SELLER.
Law: Law No. 6502 on the Protection of Consumers.
Goods/Product: The movable goods or items that are subject to purchase, identified with specific codes and sales prices on the website www.simoom.com.
Platform: The e-commerce website at https://www.shopsimoom.com, including all intellectual and industrial property rights owned by the SELLER.
SELLER: The legal entity offering goods/products to the BUYER through the Platform within the scope of its commercial activities.
Regulation: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
Article 2: Subject of the Agreement
The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the Law and the Regulation regarding the sale and delivery of the goods/products, whose codes, names, quantities, and prices are stated in the invoice and Preliminary Information Form, ordered electronically by the BUYER via https://www.shopsimoom.com.
Article 3: Seller Information
Trade Name: PAN DENİZ TAŞIMACILIĞI LOJİSTİK FAALİYETLERİ VE TURİZM LTD. ŞTİ.
Address: Küçük Piyale Mahallesi, Yolcu Sokak, No:16 Beyoğlu/İstanbul
Phone: +90 530 458 75 51
E-mail: [email protected]
Website: https://www.shopsimoom.com
Article 4: Buyer Information, Delivery Address, and Product Price
4.1 BUYER Information
Recipient: [●]
Delivery Address: [●]
Phone: [●]
E-mail: [●]
The name–surname–phone–email–address information declared by the BUYER through the Platform and included on the official invoice issued by the SELLER shall be deemed BUYER information.
4.2 Delivery Address
The delivery address stated in the invoice and Preliminary Information Form issued by the SELLER shall be considered the delivery address. If the BUYER selects a different address, that address shall be used for delivery.
4.3 Product Price
The product price is the amount specified on the invoice issued for the purchased product(s) on the Platform.
Article 5: Products Subject to the Agreement
5.1 Product Details
Basic characteristics such as type, quantity, brand/model, color, and number of goods/products are available at https://www.shopsimoom.com. Details of the product(s) selected and purchased by the BUYER are specified in the Preliminary Information Form.
5.2 Prices
The prices listed on the Platform are the sales prices. The announced prices remain valid until updated or changed by the SELLER. Time-limited or promotional prices shall remain valid only until the end of the specified period/campaign.
5.3 Taxes
All taxes related to the goods/products subject to this Agreement are included in the sales price.
Article 6: Shipping and Delivery
Shipping and delivery costs are borne by the BUYER. The shipping fee is stated in the Preliminary Information Form and added to the total order amount. It is not included in the product price. If the BUYER purchases a product covered by a free shipping campaign, and campaign conditions are met, no shipping fee is charged.
Delivery shall be made via the contracted cargo company to the address specified in the Preliminary Information Form. Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and properly. Therefore, the SELLER shall not be responsible for any damages or expenses arising from the BUYER's late or non-receipt of the product.
The SELLER is responsible for delivering the product intact, complete, in conformity with the specifications stated in the order, and with any applicable warranty certificates and user manuals.
Article 7: Right of Withdrawal
7.1 The BUYER has the right to withdraw from this Agreement within 14 days following the delivery of the goods to the BUYER or the third party designated by the BUYER, without giving any reason and without incurring any penalty. If multiple goods are ordered and delivered separately, the 14-day period begins on the day the last good/product or parcel is delivered.
7.2 Before the withdrawal period expires, the BUYER must submit a cancellation/return request through the Platform or by sending an e-mail to [email protected].
7.3 The product to be returned must be delivered to the cargo company with its original packaging, all accessories, and invoice, unused and in resellable condition.
7.4 Conditions regarding return/shipping costs are stated in the Preliminary Information Form, this Agreement, and the "Return Conditions" section on the website. The SELLER must refund the product price and any delivery costs within 14 days from the date the withdrawal notice is received, using the same payment method as used by the BUYER. The SELLER is not responsible for delays caused by the BUYER's bank or payment institutions.
7.5 When the return request is approved, the BUYER shall be notified via e-mail. If, upon inspection after the product arrives at the SELLER's address, it is determined that the product is damaged due to misuse, negligence, or fault of the BUYER, the SELLER may reject the return or make a suitable deduction. In such a case, the rejection reason shall be notified via e-mail, and the product shall be returned to the BUYER's specified address freight-collect or destroyed upon explicit request of the BUYER.
7.6 If the value of the product decreases due to the BUYER's fault or the product becomes impossible to return, the BUYER shall compensate the SELLER's damages proportionately.
7.7 Exceptions to the Right of Withdrawal (under Article 15 of the Regulation):
The BUYER has no right of withdrawal for the following goods and services:
a) Goods or services whose prices depend on fluctuations in financial markets beyond the control of the seller or provider.
b) Goods prepared in line with the consumer's requests or personal needs.
c) Goods that may perish quickly or whose expiration date may pass.
ç) Goods whose protective elements (packaging, seal, tape, etc.) are opened after delivery and whose return is unsuitable for health or hygiene reasons.
d) Goods that are mixed with other products after delivery and cannot be separated by nature.
e) Books, digital content, or computer consumables presented in physical form, if their packaging is opened after delivery.
f) Periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Services related to accommodation, transportation of goods, car rental, catering, and leisure time activities to be performed on a specific date or period.
ğ) Services performed instantly in electronic form or intangible goods delivered instantly to the consumer.
h) Services that begin with the consumer's approval before the withdrawal period expires.
Article 8: Rights and Obligations of the Seller
8.1 The detailed characteristics of the Product and its total sales price, including all applicable taxes ("Total Sales Price"), are stated in Article 4 of this Agreement and on the SELLER's product page on the Platform. The SELLER shall not be held liable for obvious pricing errors caused by technical issues, and any sales concluded during such errors shall not be considered valid.
8.2 The SELLER's commitments regarding the products listed on its website are limited to stock availability and the procurement process. The SELLER undertakes to supply the products offered for sale on the Platform at the stated prices and specifications, provided that they remain in stock. However, delays in the system or internet, delays or issues arising during the BUYER's purchasing process, duplicate orders, simultaneous orders for the last units of stock by different customers, damage, loss of economic value in stock products, defects detected during pre-shipment inspections, regulatory non-compliance, or any other reasons not attributable to the SELLER may result in the product becoming unavailable. In such cases, the SELLER shall notify the BUYER within 3 business days and cancel the order. The SELLER shall not be liable for failure to deliver the product for these reasons. However, if the product has been paid for, the SELLER shall refund the total amount to the BUYER within 14 days. The SELLER may nevertheless provide a product of equal quality and value upon informing the BUYER before the end of its performance obligation and obtaining explicit consent.
8.3 The SELLER agrees, declares, and undertakes to deliver the product subject to the Agreement completely, in conformity with the specifications in the order, together with any applicable warranty certificates, user manuals, and necessary information and documents, free from defects, in compliance with legislation, and in accordance with the principles of accuracy and good faith. The SELLER also undertakes to maintain and improve service quality, to act with care, diligence, and foresight in fulfilling its obligations.
8.4 If a product not ordered by the BUYER is delivered to the BUYER, the SELLER shall have no claim against the BUYER. In such cases, the BUYER's silence or use of the product shall not be interpreted as acceptance of the Agreement.
8.5 The SELLER shall store information, documents, and electronic records related to the transactions subject to this Agreement for ten (10) years from the date of the transaction, and in any case for the duration required by applicable legislation.
Article 9: Rights and Obligations of the Buyer
9.1 The BUYER declares that they have read and acknowledged the preliminary information regarding the essential characteristics of the product(s), sales price, payment terms, delivery details, and other matters listed in the Regulation before entering into this Agreement, and that they have provided electronic confirmation accordingly. By confirming the Preliminary Information electronically, the BUYER confirms that they have received the SELLER's address, the essential characteristics of the ordered products, their prices including taxes, and payment and delivery information before the conclusion of this Agreement.
9.2 The SELLER may impose quantity limitations on products announced on the Platform. If the BUYER places an order exceeding such limits, the order may be cancelled, and the product price shall be refunded to the BUYER within the legal time frame. The BUYER accepts and acknowledges that orders exceeding such limitations may be cancelled by the SELLER.
9.3 Each product subject to the Agreement shall be delivered within the period stated in the Preliminary Information Form, not exceeding the statutory period of 30 days, depending on the BUYER's place of residence. If the product is not delivered within 30 days, the BUYER reserves the right to terminate the Agreement. However, if the BUYER requests delivery to another person or institution and such party refuses delivery, the SELLER shall not be held liable.
9.4 The BUYER agrees, declares, and undertakes that they will electronically confirm this Agreement for delivery of the product, and that if the product price is not paid or cancelled by the bank for any reason, the SELLER shall have no obligation to deliver the product.
9.5 If the BUYER's credit card is used unlawfully by unauthorized persons after delivery and the issuing bank or financial institution does not pay the SELLER, the BUYER agrees to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.6 The BUYER shall inspect the product before accepting delivery and shall not accept damaged or defective goods/services such as crushed, broken, torn packaging, etc. Goods/services accepted from the cargo company shall be deemed undamaged and intact. After delivery, the BUYER is responsible for the proper preservation of the product. If the right of withdrawal is to be exercised, the product must be returned unused and in compliance with regulations.
9.7 If the credit card holder and the BUYER are not the same person, or if a security concern arises regarding the credit card used before delivery, the SELLER may request identification and contact details of the cardholder, a copy of the latest credit card statement, or written confirmation from the bank that the card belongs to the cardholder. The order shall be suspended until the requested documents are provided. If the BUYER does not provide the requested documents within 24 hours, the SELLER reserves the right to cancel the order.
9.8 The BUYER declares that the personal and other information provided during purchases through the Platform are accurate, and agrees to compensate the SELLER for all damages arising from inaccurate information. The BUYER also agrees to comply with legal regulations when using the Platform, not to use it in violation of laws, public order, general morality, or to harass others, and not to infringe on others' material or moral rights. The BUYER shall not perform activities that prevent or hinder others from using the Platform (spam, viruses, trojan horses, etc.). Otherwise, the BUYER shall bear all legal and criminal liability, and the SELLER may recourse such liabilities to the BUYER.
Article 10: Privacy and Personal Data
10.1 Personal data provided by the BUYER through the Platform are processed by the SELLER in compliance with Law No. 6698 on the Protection of Personal Data and relevant regulations. The SELLER collects, processes, stores, protects, and ensures the confidentiality of the BUYER's personal data within the scope of performance of this Agreement, as stated in the "Personal Data Protection Notice" and "Privacy Policy" on the Platform.
10.2 Personal data that may be defined as personal data under relevant legislation, including but not limited to the BUYER's name-surname, e-mail address, national ID number, demographic data, financial data, etc., may be recorded, stored in written or magnetic archives, used, updated, shared, transferred, and processed for various purposes by the SELLER, its affiliates, suppliers, third parties, and/or organizations for a limited or unlimited period of time, in order to receive orders, provide and improve products and services, resolve system issues, process payments, use in marketing activities for orders, products, and services (with prior consent), update BUYER information, manage and maintain memberships, fulfill this Distance Sales Agreement and other agreements, and enable the SELLER to provide technical, logistical, and other functions of third parties.
10.3 Necessary measures for the security of information and transactions entered by the BUYER into the Platform are taken by the SELLER using current technical means. However, since such data are entered through devices belonging to the BUYER, it is the BUYER's responsibility to take all necessary precautions to prevent unauthorized access, including protection against viruses and similar harmful applications.
Article 11: General Provisions
11.1 The Parties accept, declare, and undertake that, in addition to the terms of this Agreement, they shall comply with Law No. 6502 on the Protection of Consumers, Law No. 6563 on the Regulation of Electronic Commerce, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, the Regulation on Distance Contracts, and all applicable legislation.
11.2 The addresses stated in the Preliminary Information Form constitute the valid addresses for notifications between the Parties. Unless notified in writing, all communications made to the addresses stated in this Agreement shall be considered legally valid in accordance with the Notification Law No. 7201.
11.3 If any provision of this Agreement is deemed invalid or unenforceable, such invalidity shall not affect the remaining provisions. The provision shall be interpreted in a valid and enforceable manner consistent with its essential meaning.
11.4 Failure or delay by either Party in enforcing any right or provision of this Agreement shall not be interpreted as a waiver of that right. Any waiver shall apply only to the specific situation and shall not constitute a general waiver.
11.5 Neither Party shall be liable for failure or delay in performing its obligations due to unforeseeable and unavoidable events beyond its control, such as natural disasters, fire, explosions, civil war, war, uprisings, public unrest, mobilization, strikes, epidemics, or other force majeure events ("Force Majeure"). Events known at the time of signing this Agreement shall not be considered force majeure.
Article 12: Dispute Resolution
In the event of disputes arising from the implementation of this Distance Sales Agreement, Turkish Law shall apply. Within the monetary limits announced annually by the Ministry of Trade, jurisdiction lies with the Consumer Arbitration Committees or Consumer Courts located in the BUYER's place of residence or where the purchase was made.
This Distance Sales Agreement has been read, accepted, and confirmed electronically by the BUYER. A digital copy is stored in the SELLER's database, and another digital copy is sent to the BUYER's e-mail address.