DISTANCE SALES AGREEMENT
ARTICLE 1 – SUBJECT OF THE CONTRACT AND THE PARTIES
1.1 This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale of products and services done by the Consumer whose detailed information is given below from https://shimalresidencehotel.com/ which is operated by the Seller (hereinafter referred to as WEBSITE) and delivery of the products to the delivery address.
1.2. Consumer admits and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and the preliminary then ordered the goods or services in accordance with the provisions of this contract. The preliminary informing and the invoice in the payment page of https://shimalresidencehotel.com/ website, are integral parts of this contract.
1.3. SELLER INFORMATION
Name: A.R.E.E.N.A TUR TIC LTD ŞTİ
Address: ARMUTALAN / MARMARIS
Tel: +90 252 243 55 54
1.4. CONSUMER INFORMATION
Name surname / Title:
ARTICLE 2 – DATE OF CONTRACT
2.1. This agreement was concluded by the parties on ……, the date when the order of the Consumer was completed on the WEBSITE and a copy of the contract was sent to the e-mail address of the CONSUMER.
ARTICLE 3 – PRODUCTS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the consumer, the sales amounts including the taxes and information about the number are listed below. All of the products listed in the following table are hereinafter referred to as the Product.
ARTICLE 4 – DELIVERY OF PRODUCTS
4.1. The Product is delivered to the delivery address specified by the Consumer on the WEBSITE or the person / organization at the address indicated by him / her in the latest 30 days, packed and together with the invoice.
In the event that the fulfilling the act of the goods or services subject to the order becomes impossible, the seller notifies the consumer in writing or in the Consumer Data Saver within three days from the date of learning of this situation and returns all payments collected, including the delivery costs, if any, within four days (14) at the latest. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
4.2. If the product is to be delivered to another person / organization than the Consumer, the SELLER shall not be held liable if the person / organization to be delivered will not accept the delivery.
4.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.
ARTICLE 5 – PAYMENT METHOD
5.1. The consumer accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the Consumer shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the Bank and the Customer pursuant to the provisions of regulations in force. Credit / installment card and similar payment facilities provided by institutions giving credit card, installment card etc. such as banks and financing institutions are the possibility of a loan and / or installment payment provided directly by the related institution; The product sales which are realized within this framework and in which the Seller collected the relevant amount fully shall not be counted as installment sales in respect of the parties to this Agreement, they are cash sales. The legal rights of the seller in the cases deemed to be installments sale by the law (including the right to terminate the contract and / or claiming remaining debt to be paid together with the default interest, in case any of the installments are not paid) are available and reserved. In case of default of the consumer, a default interest of 5% per month is applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The consumer agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown in the WEBSITE have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.
6.2. By confirming this agreement in electronic environment, the Consumer confirms that he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment and delivery information and information about the right of withdrawal.
6.3. The seller is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
6.4. The seller may supply a different product at the same quality and price to the Consumer before the contractual performance obligation expires.
6.5. If the seller fails to fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the seller shall inform the consumer before the expiry of the fulfillment obligation arising from the contract and supply a different product with equal quality and price to the Consumer.
6.6. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this agreement is delivered to the Seller in electronic environment and the price has been paid by the Consumer’s preferred form of payment. If the product price is not paid or canceled in the bank records for any reason, the Seller shall be deemed to have been released from the delivery of the product.
6.7. In case the Bank / financing institution to which the credit card is used belongs does not pay the Product to the Seller for any reason after the delivery of the product, the Product shall be returned to the Seller by the Consumer at the latest within 3 days, all expenses shall be borne by the Consumer. All other contractual and statutory rights of the Seller, including the follow-up of the Product price, shall be reserved in any case.
6.8. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
7- Product Delivery Processes
7.1. The product is delivered to the delivery address specified by the Consumer on the WEBSITE or to the person / organization at the address indicated by him / her within 30 days at the latest, in a secured way and packed together with its invoice. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
7.2. If the product is to be delivered to another person / organization than the consumer, and if the person / organization does not accept the delivery the seller shall not be held liable.
7.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.
8- THE RIGHT OF WITHDRAWAL
Pursuant to the relevant provisions of Consumer Protection Law no 6502 and Distance Contracts Directive;
8.1 In distance contracts about sales of goods, the consumer has the right to withdraw within 14 (fourteen) days of receipt without showing any excuses and paying any penal clause. However, the consumer may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods. It is sufficient to direct the notification of the exercise of the right of withdrawal to the seller or the provider in writing or through permanent data storage. In order for our customers to use their right of withdrawal, they must fill in the turn in slip sent to them together with the product and submit the product to the COURIER company with the turn in slip.
In the determination of duration of the right of withdrawal;
a) For the products subject to a single order; the day when the last goods is delivered to the Consumer or to third party determined by the Consumer ,
b) For the products consisting of more than one parts; the day when the last part is delivered to the Consumer or to third party determined by the Consumer,
c) For the contracts in which the goods is delivered regularly during a certain period; the day when the first goods is delivered to the Consumer or to third party determined by the Consumer,
is taken as basis.
8.2. Consumer’s right to withdraw shall not apply to the contracts regarding;
a) The goods prepared in accordance with the request and personal needs of the customer,
b) The delivery of the perishables or the goods of which expiry date is short,
c) The delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns,
d) To the goods which are mixed with other goods and impossible to separate intrinsically,
e) Books, digital contents and computer consumable materials which can be offered in the physical environment when their protective element such as package, tape, and seal is opened,
f) The delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of the subscription agreement,
g) Accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to be completed within a certain date or period,
h) Services fulfilled immediately in the electronic environment or incorporeal property that are delivered to the customer immediately,
i) Services which are started to be provided before the expiry date of the right to withdraw, and
j) Goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the Seller or provider.
8.3- In the event that the consumer uses his/her right of withdrawal, the Seller or the provider is obliged to return the total amount received and negotiable instruments putting the consumer under debt and all kinds of similar documents within 14 (fourteen) days from the date the withdrawal notification is delivered to him/her without any charge.
8.4- The consumer shall not be liable within the right of withdrawal for any changes or distortions in the goods if he/she uses the goods in accordance with its operation, technical specifications and usage instructions.
8.5- If the consumer uses the right of withdrawal, he shall not be liable to pay the expenses related to the return if he/she returns the goods through the courier specified for return in the preliminary information. In the event that the seller does not specify any courier for the return in the preliminary information, no cost can be demanded from the consumer. In the event that the courier specified in the preliminary information for the return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods that are requested to be returned are collected from the Consumer without any additional costs.
8.6- The Consumer is obliged to return the goods to the Seller within 10 (ten) days from the date on which he notifies the Seller of the use of the right of withdrawal, unless the Seller has made a proposal that he/she will have his property taken back.
8.7- As stated in the 1st paragraph of Article 15 of the Regulation on Distance Contracts, the Consumers do not have the right of withdrawal in the products which are specially prepared for the person.
8.8- The orders in the “Delivered to Courier” phase cannot be canceled at the cargo delivery stage.
8.9- For the orders in the “Delivered to Courier” phase, our Customers must return the cargo to the courier company without opening the box of the product. The provisions in Article 8.1 are reserved.
The information about the company to be notified about the withdrawal;
ARTICLE 9- EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade; and Consumer Courts and Directorates of Debt Collection located in residential region of the consumer and the seller are authorized for the values exceeding it.
9.2. The consumer declares, accepts and undertakes that he / she has read all the conditions a
This Agreement is entered into by and between A.R.E.E.N.A TUR TIC LTD ŞTİ . with offices at ARMUTALAN / MARMARIS (hereinafter “SHIMAL”) and
………………………, with offices at ……………………… (hereinafter “…”).
The Parties agree to enter into a confidential relationship with respect to the
disclosure of certain confidential information in accordance with their commercial
The Parties may be collectively referred to as the “Parties” or individually as a
1.1. Confidential information means all trade secrets, proprietary information,
know-how, and confidential information disclosed by the disclosing Party and
or its employees, agencies, representatives and affiliates (“Disclosing Party”) to
the receiving Party and/or to its employees, agencies, representatives and
affiliates (“Receiving Party”) including but not limited to any and all technical,
business or financial information or; processes, business plans, methods,
copyright, patent, trademark or; any or all commercial, financial, technical and
intellectual property-related information including inventions, tools, utility
models or; information related to goods and any other ideas or information
relating to disclosing party’s business (“Confidential Information”).
1.2. Confidential Information shall cover all scientific, industrial and economical
information and/or documentation owned by the Disclosing Party and their
1.3. Confidential Information shall not include any information which:
a. is publicly known at the time of disclosure by the Disclosing Party
b. is learned by the receiving party through legitimate means or through court
or administrative orders
c. was known to the Receiving Party prior to receiving any of the Confidential
Information from Disclosing Party.
2.1. Receiving Party agrees that all Confidential Information shall remain the
property of Discloser.
2.2. Parties shall disclose their Confidential Information to each other as required by
their commercial relationship to the extent permitted by this Agreement.
2.3. Parties agree and acknowledge that they shall not be held liable due to the
disclosed Confidential Information being deficient or incorrect.
2.4. Receiving Party shall a) hold and maintain the Confidential Information in
strictest confidence; b) not disclose the Confidential Information to any third
persons and/or not make the Confidential Information public and c) use the
Confidential Information only within the scope of the commercial relationship
between the Parties.
2.5. Receiving Party cannot disclose Confidential Information to any third persons;
distribute Confidential Information in any way for any reason whatsoever;
announce Confidential Information through media or; use Confidential
Information for marketing purposes without prior written confirmation of the
Disclosing Party unless otherwise is required by law.
2.6. Receiving Party agrees to protect Confidential Information and to apply the
same standards of protection and safeguarding to Confidential Information
applied to its confidential information. Receiving Party can disclose
Confidential Information to its employees, sub employees and other personnel
who work under the Receiving Party (“Employees”) who have the need for
disclosure in connection with and only when compulsory for the Receiving
Party’s authorized use of Confidential Information. In such case, Receiving
Party shall inform its Employees regarding the confidentiality obligations stated
hereunder. Parties agree and acknowledge that their Employees shall not violate
this Agreement otherwise Parties shall directly be responsible for their
2.7. Receiving Party shall inform the Disclosing Party immediately and in written in
case they become aware that Confidential Information owned by Disclosing
Party is made public against this Agreement. In such case, Disclosing Party can
claim for damages that it may incur due to breach of Agreement from the
Receiving Party shall return to Disclosing Party any and all materials in its possession
pertaining to Confidential Information immediately upon written notification of the
Disclosing Party upon termination of this Agreement and/or the commercial
relationship between the Parties.
This Agreement shall enter into force on the signing date and Parties’ confidentiality
obligations under this Agreement shall be valid for the indefinite period and remain in
force, regardless of the period of the commercial relationship between the Parties.
If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as best to affect the intent of the
This Agreement expresses the complete understanding of the parties with respect to
the subject matter and supersedes all prior proposals, agreements, representations and
understandings regarding confidentiality. This Agreement may not be amended except
in a writing signed by both parties.
This Agreement is subject to the Turkish Law and İstanbul (Çağlayan) and İstanbul
Anadolu Courts and Execution Offices are competent in case of discrepancy.
All notices, consents and approvals under this Agreement must be delivered via
notary public or by certified mail.
This Agreement consisting 2 pages and 9 articles has been regulated as two original
copies and has been signed on the date of […].
A.R.E.E.N.A TUR TIC LTD ŞTİ
Cancelling a Contract
o reduce last-minute cancellations and the risk of “chargebacks” from customers, it is always a good idea to have your customers agree to your cancellation and refund policy. This should be attached to the customers’ order for future reference. Occasion makes this easy for you and your customers.
In this article, we will help you define your cancellation and refund policy. Let’s start by answering the following questions:
- Do you want to give customers a refund?
- When do they have to inform you by before the actual event date starts to cancel?
- Do you want to keep their payment and give them store credit instead?
By answering the questions above, you can come up with some very simple and basic policies, like this one: To receive a refund, customers must notify at least 4 days before the start of the event. In all other instances, only a store credit is issued.
Below are six great examples of cancellation and refund policies:
- Due to limited seating, we request that you cancel at least 48 hours before a scheduled class. This gives us the opportunity to fill the class. You may cancel by phone or online here. If you have to cancel your class, we offer you a credit to your account if you cancel before the 48 hours, but do not offer refunds. You may use these credits towards any future class. However, if you do not cancel prior to the 48 hours, you will lose the payment for the class. The owner has the only right to be flexible here.
- Cancellations made 7 days or more in advance of the event date, will receive a 100% refund. Cancellations made within 3 – 6 days will incur a 20% fee. Cancellations made within 48 hours to the event will incur a 30% fee.
- I understand that I am holding a spot so reservations for this event are nonrefundable. If I am unable to attend I understand that I can transfer to a friend.
- If your cancellation is at least 24 hours in advance of the class, you will receive a full refund. If your cancellation is less than 24 hours in advance, you will receive a gift certificate to attend a future class. We will do our best to accommodate your needs.
- You may cancel your class up to 24 hours before the class begins and request to receive a full refund. If cancellation is made day of you will receive a credit to reschedule at a later date. Credit must be used within 90 days.
- You may request to cancel your ticket for a full refund, up to 72 hours before the date and time of the event. Cancellations between 25-72 hours before the event may transferred to a different date/time of the same class. Cancellation requests made within 24 hours of the class date/time may not receive a refund nor a transfer. When you register for a class, you agree to these terms.