1. PARTIES

SELLER

  • Trade Name: Ore Dune
  • NAME/TITLE: Ore Dune
  • EMAIL: info@oredune.com
  • TEL: +90 (539) 839 08 53

BUYER

  • Name Surname:
  • Address:
  • Phone:
  • Email:

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this agreement is the sale and delivery of the goods/services that the Buyer has ordered electronically from Ore Dune’s www.oredune.com or other domain names associated with the service (“Website”), according to the characteristics specified in the contract, and the determination of the rights and obligations of the parties in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. Ore Dune acknowledges and declares that it is not a party to this Agreement and has no responsibility or commitment regarding the fulfillment of the parties’ obligations under the Agreement.

ARTICLE 3 – MAIN FEATURES AND PRICE OF THE PRODUCT

The type, quantity, brand/model, color, and price, including taxes, and delivery information of the product/products are as follows:

  • Payment Method and Plan: Online virtual POS application with … Bank credit card for … months … TL monthly payment / lump sum … TL payment.
  • Accrued Interest: …
  • Interest rate used in the calculation of the accrued interest: % …
  • Delivery Address:
  • Persons to be Delivered:
  • Billing Address:

ARTICLE 4 – DELIVERY AND DELIVERY METHOD OF THE PRODUCT

The agreement becomes effective upon the Buyer’s approval and is fulfilled with the delivery of the goods/services purchased by the Buyer from the Seller. The goods/services will be delivered to the persons specified at the address mentioned in the order form and this agreement.

ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE

The delivery costs of the goods/services are the responsibility of the Buyer. If the Seller has declared on the website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. The delivery of the goods will be made within the promised time, provided that the Seller has the stock available and the payment has been made. The Seller delivers the goods/services to the Buyer within 30 (thirty) days from the date of the order and reserves the right to extend this period by an additional 10 (ten) days with written notification. If for any reason the Buyer does not pay the price of the goods/services or the payment is canceled in the bank records, the Seller is deemed to have been released from the obligation to deliver the goods/services.

ARTICLE 6 – DECLARATIONS AND UNDERTAKINGS OF THE BUYER

The Buyer declares that they have read and acknowledged the preliminary information provided by the Seller regarding the basic characteristics, sale price, payment method, and delivery of the product subject to the contract on the Website and has provided the necessary confirmation electronically. Buyers, as consumers, can convey their demands and complaints through the Seller’s contact information provided above. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have received the Seller’s address, the basic characteristics of the ordered products, the prices including taxes, and payment and delivery information correctly and completely before the conclusion of the distance contracts. The Buyer is responsible for inspecting the product for any damage before accepting delivery from the courier. The Buyer accepts responsibility for any damage to the goods/services after delivery. If the Buyer fails to notify the Seller within 3 days of receiving the goods/services that their credit card was used unlawfully by unauthorized persons, the Buyer must return the goods/services to the Seller. In such cases, the delivery costs are borne by the Buyer.

ARTICLE 7 – DECLARATIONS AND UNDERTAKINGS OF THE SELLER

The Seller is responsible for delivering the goods/services specified in the contract to the Buyer in accordance with the Consumer Legislation, in a sound, complete, and accurate condition, and with any applicable warranty documents and user manuals. If the Seller is unable to deliver the goods/services within the specified time due to unforeseen circumstances or extraordinary events, they are obliged to inform the Buyer as soon as possible. If the product is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person refuses to accept the delivery.

ARTICLE 8 – RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract without incurring any legal or criminal liability and without providing any reason, by rejecting the goods/services within 7 (seven) days from the date of delivery or from the signing of the contract. The Seller agrees to take back the goods upon receipt of the withdrawal notice. The right of withdrawal notification and other notifications related to the contract can be sent to the Seller via the contact information provided above.

Ore Dune is not a party to this Distance Sales Agreement; therefore, the right of withdrawal cannot be exercised against Ore Dune, nor can a refund be demanded.

To exercise the right of withdrawal, the Buyer must notify the Seller within this period, following the provisions of the relevant legislation. In case of exercising the right of withdrawal:

a) The goods delivered to the Buyer or the third party specified above must be returned. b) The goods to be returned within 7 (seven) days must be delivered complete and undamaged, along with the box, packaging, standard accessories, and any other products gifted with the goods.

Following the exercise of the right of withdrawal and the receipt of the notification, the product price will be refunded to the Buyer in the same way it was paid within 10 (ten) days. The original invoice issued to the Buyer must be returned along with the product when returning the goods to the Seller. The return shipping fee is borne by the Seller. The return section of the invoice must be filled out and signed by the Buyer and returned.

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised in the following cases:

a) Service contracts, where the performance of the service has started with the consumer’s consent before the expiration of the withdrawal period. b) Contracts related to goods whose prices are determined in the financial markets. c) Contracts for goods prepared in line with the consumer’s requests or explicitly personal needs, which are not suitable for return due to their nature, are at risk of rapid deterioration, or have the potential to expire. d) Contracts related to audio or video recordings, software programs, and computer consumables, provided that the packaging is opened by the consumer. e) Contracts related to the delivery of periodicals such as newspapers and magazines. f) Contracts related to the provision of services such as betting and lotteries. g) Contracts for services provided instantly in the electronic environment or intangible goods delivered instantly to the consumer.

ARTICLE 10 – RESOLUTION OF DISPUTES

In the event of a dispute, consumers can submit complaints and objections to the Consumer Problems Arbitration Board in the district where they purchased the goods or where they reside, for transactions up to 1,161.67 TL. For transactions exceeding this amount, consumers can apply to the Consumer Court where they purchased the goods or where they reside. The monetary limit for the provincial arbitration committees in provinces with metropolitan status is 3,032.65 TL, as specified in the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 01.08.2003 and numbered 25186.

ARTICLE 11 – PRICE OF GOODS/SERVICES

Discounts, coupons, etc., offered by Ore Dune are reflected in the sales price.

ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults on any transaction made by credit card, the Buyer will pay interest and be responsible to the bank according to the credit card agreement with their bank. In such cases, the relevant bank may take legal action and demand any costs and attorney fees from the Buyer. In any case, if the Buyer defaults on any payment, the Buyer agrees to compensate the Seller for any damages and losses incurred due to the delayed performance.

ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT

Ore Dune’s official books and commercial records, electronic information stored in its database and servers, and computer records shall constitute binding, conclusive, and exclusive evidence, and this clause is deemed to be an evidence agreement in terms of Article 193 of the Code of Civil Procedure.

ARTICLE 14 – ENTRY INTO FORCE

This Agreement, consisting of 14 (fourteen) articles, has been read and approved by the Parties and has been concluded electronically by the Buyer, coming into force immediately.

SELLER BUYER