Distant Sales Agreement
This Agreement has been signed by and between the following parties under the following terms and conditions.
Trade Name: Tursoy Otelcilik and Turizm Yatırımları A.Ş
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
Telephone: +90 264 582 21 00
Seller’s Mersis No: 0871005355000015
Seller’s E-Mail Address: [email protected]
The Courier Company To Which the Purchaser Shall Send the Commodity to the Seller In The Case Of Return: Aras Kargo
Name and Surname:
2. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Distant Sales Agreement is detecting the rights and obligations of the parties with respect to the sales and delivery of the Gift Certificate (the “CERTIFICATE”) and the service which is the subject matter of this CERTIFICATE, which are ordered electronically from www.richmondnua.com internet site of the PURCHASER and the qualities and sales price of which are specified below in accordance with the provisions of the Consumer Protection Law numbered 6502, the Regulation on Distant Contracts and other relevant legislation. The provisions of the Law of Liabilities and the Turkish Commercial Code shall be applicable to the PURCHASERS who are not deemed consumer.
The CERTIFICATE refers to the CERTIFICATE either delivered in PDF format to the e-mail address notified by the PURCHASER while performing transaction of purchasing in the web site or delivered in printed form to the delivery address notified depending on the preference, in order to be able to purchase all or one of the services which the SELLER offers as;
- Massage & Care,
- A Day-Long “Wet Areas” use (jet showers, sweat rooms, sauna, ice room, rest rooms, Turkish bath),
- Spa Programs with Accommodation and Wellness Programs,
- Restaurant services,
via the web site as gift certificate after purchasing of the same by the PURCHASER to the benefit of the USER to be used within the period specified in the Preliminary Information Form and this Agreement and under the conditions specified and confirming the Preliminary Information Form for this transaction and then approving the Agreement and making payment for this transaction.
3. THE BASIC QUALITIES AND THE PRICE OF THE CERTIFICATE WHICH IS THE SUBJECT MATTER OF THE AGREEMENT AND THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE
3.1. CERTIFICATE DETAILS;
The form of the CERTIFICATE received electronically and the service which is the subject matter of the CERTIFICATE, the relevant conditions, sales price, method of payment, the person who will take the delivery, USER details, delivery address, invoice details, shipping cost are as follows.
Quantity in Pieces:
Seller’s Trade Name:Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
Unit Price Excluding VAT:
Total Amount Including VAT:
Total Sales Amount:
Payment Method and Plan:
Shipping Cost:The shipping cost of the CERTIFICATE purchased shall be borne by the SELLER.
- The prices listed and announced in the site are the sales price. The prices and promises announced are valid till they are updated and changed. On the other hand, the prices given for a specific period are valid till the end of the period.
- Above you can find the information on with how many installments the order sum to be delivered to your bank shall be paid in the case it is paid in installments. Your bank may organize campaigns and apply any number of installments higher than the number of installments that you may choose or offer services such as postponement of installments. Such campaigns are in the initiative of your bank and information on the campaigns is given in our pages if our company is informed about them.
- The order sum shall be divided into the number of installments as of the statement date of your credit card and shall be reflected to the abstract of credit card by your bank. The bank may not distribute the installment amounts equally considering the fractions differences. Creation of your detailed payment plan is in the initiative of your bank.
3.2. DETAILS OF THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE;
Name of the Service Which Is the Subject Matter of the Certificate:
Code of the Service Which Is the Subject Matter of the Certificate:
Names of the Persons Who Will Use the Service Which Is the Subject Matter of the Certificate:
Address/E-mail Address to Which the Service Which Is the Subject Matter of the Certificate Shall Be Delivered.
The PURCHASER accepts and declares that it has purchased after receiving any information on the facility and the service from which service shall be purchased within the scope of the Agreement from the web addresses of the SELLER and/or from the sales representatives of the SELLER, performing all necessary examinations and reading.
In the case that the service of accommodation is selected among the services which are the subject matter of the CERTIFICATE, what is valid for service is the number of overnight stays. The first night of accommodation is deemed to be the first day and the first night. Failure of the USER to benefit from the sunlight because of delays of the transportation vehicles for reasons of force majeure or the delays of the airway company is not under the SELLER’S responsibility. In the case of loss of any luggage, precious object or similar loss that could occur in the facility where the USER accommodates, it is the USER’S responsibility to have the necessary minutes kept by the concerned law enforcement officers. The SELLER cannot be held responsible for this and similar situations.
The PURCHASER should provide the requested information on the USER while purchasing the CERTIFICATE in conformity with the official records and enter the same in the system. Since the PURCHASER will enter the information of the USER into the system pursuant to this Agreement, the PURCHASER, as the person sharing this information, accepts that the responsibility for the enlightenment of the USER belongs to him/her. The information given while purchasing the CERTIFICATE shall be used during the registration to be made during checking in the hotel and detection and consequences of non-conformity of the USER’s date of birth with the age limit (14) specified in accordance with this Agreement, inconsistence between personal details and the Agreement details and that they were false is under the responsibility of the PURCHASER. The USERS have to pay to the hotel the price difference arising with respect to the additional services that they want to purchase from the hotel out of the scope of the CERTIFICATE offered to them.
The USER accepts that he/she will obey the rules that the SELLER notifies with respect to the service purchased; that he/she will respect life, property and peace of third parties, otherwise that he/she will be removed from the facility and he/she will not be able to purchase/use the service and that he/she is not entitled for return since he/she will not be able to purchase service for reasons which are his/her fault. The SELLER is not responsible for the situations which are the USER’S fault and which are caused by personal responsibilities of third parties.
The CERTIFICATE cannot be sold and assigned to 3rd parties. In the case that this situation is detected by any of the Parties, the resold CERTIFICATE shall be cancelled and the PURCHASER or the USER shall not claim for any rights.
The obligation of preservation of the CERTIFICATES is borne by the USER as of the delivery of the CERTIFICATE per e-mail or delivery of the same to the address specified by the PURCHASER and if the PURCHASER wants the CERTIFICATE to be delivered to its own address, it is borne by the PURCHASER as of the delivery of the same to the address specified by the PURCHASER. The SELLER shall not be responsible for any consequences arising from theft, deletion, loss of the CERTIFICATE or use of the same in any way by 3rd parties without informing it and in this regard the responsibility shall be borne by the USER in the case that the CERTIFICATE is sent to the USER’S e-mail address or delivered to the delivery address specified by the PURCHASER and shall be borne by the PURCHASER as of the delivery of the CERTIFICATE if the PURCHASER wants the CERTIFICATE to be delivered to its own address and the PURCHASER and the USER shall not claim for any rights.
When the SELLER detects that the PURCHASER applies fraud or inappropriate transactions or when it is revealed the booking contains any fault or mistake or arises from the same or when it Is determined that it was performed as a consequence of an attempt which would violate the SELLER’S hotel policies, terms or conditions; the SELLER’S right to cancel or amend the booking is reserved.
The CERTIFICATE is valid for 1 (one) year as of the date specified on the certificate which is the date of issue. The user mentioned in the CERTIFICATE should benefit from the service mentioned in the CERTIFICATE within the aforementioned period. Otherwise, the SELLER shall not have any liability with respect to the certificate.
The service mentioned in the CERTIFICATE cannot be used in the New Year’s day and Public Holidays. It can be used out of such periods by the USER through booking on the basis of availability using the abovementioned contact details of the SELLER. Any change of date that the USER may request for after booking are approved depending on availability of the hotel.
If the USER wants to have the booking cancelled for any reason, the USER is required to notify this no later than 48 hours before the date of check-in. Otherwise, the service which is the subject matter of the certificate is deemed to have been provided and the certificate becomes invalid.
The PURCHASER and the USER agree that guests of the age of 14 and older are accepted to the hotel either for one day or for accommodation.
The USERS whose signatures do not appear in the Preliminary Information Form and in the Agreement but whose names are mentioned in the Preliminary Information Form and the Agreement and in the name of whom the CERTIFICATE is received are deemed to have agreed that they have authorized the PURCHASER whose signature appears in the Agreement to conclude Agreement for and on behalf of them and the PURCHASER who signs the Preliminary Information Form and the Agreement and they will be deemed to have accepted all conditions of the Preliminary Information Form and the Agreement upon signing the Preliminary Information Form and the Agreement and that they will exactly obey the conditions of the Preliminary Information Form and the Agreement. For this reason, they cannot request for cancellation of the Preliminary Information Form and the Agreement on the justification that they do not have signatures in the Preliminary Information Form and the Agreement. However in the case that they request for cancellation of the Preliminary Information Form and the Agreement despite all those facts, the PURCHASER whose signature appears in the Agreement shall be responsible for all losses of the SELLER. The PURCHASER whose signature appears in the Agreement declares and accepts that his/her name and the names of the consumers with whom he/she concludes Agreement are correct and he/she bears the responsibility of any false information provided.
4. PAYMENT AND DELIVERY METHOD
Persons to be Delivered:
The CERTIFICATE to be delivered shall be sent after the payment is transferred to the SELLER accounts either in PDF format to the e-mail address specified by the PURCHASER or per mail to the delivery address notified to the PURCHASER depending on the preference. In the case that the PURCHASER wants delivery to be made to any person other than him/her and to any address other than his/her own address, delivery is made on the basis of this request.
Shipment Fee: It is paid by the Seller.
The SELLER is not obligated to verify the delivery addresses of the PURCHASER. The CERTIFICATE shall be delivered to the address and the person(s) specified in the PURCHASER’S order form and in this Agreement. Even in the case that the PURCHASER or the USER is not present in his/her address at the moment of delivery, the SELLER shall be deemed to have fulfilled its act fully. For this reason, the SELLER shall not be responsible for any losses and costs arising from any late delivery of the CERTIFICATE to the PURCHASER or the USER and/or failure to take delivery at all.
In the case the shipment information are false or missing for the regions to which the Courier Company makes delivery once a week, the period specified for delivery may extend in the case of certain social events and situations including natural disasters. However, the delivery period shall not in any case exceed the period of 30 (thirty) days from the date of actual delivery of the order to the SELLER. If the CERTIFICATE shall be delivered to any person/entity other than the PURCHASER, the SELLER cannot be held responsible for any extra shipping prices which could arise from rejection of the delivery by the person/entity to be delivered, false shipment details and/or absence of the receiver.
The PURCHASER can make the payment using credit cards, debit cards, Transfer, EFT methods. The PURCHASER may select the best bank in the opinion of him/her for payment through money transfer and make the transfer. If EFT is used, the date of actual transfer of the money to the account shall be taken into consideration. It is necessary that the “Sender Details” are the same as the Invoice Details and the order number is written, while performing Money Transfer and/or EFT. The orders for which money transfer is not made within 1 (one) business day are automatically cancelled by the system. The time for order processing is the moment when the necessary collection is made from the credit card account or when it is determined that the money transfer (or EFT) is actually in the SELLER’S accounts rather than the moment when the order is made.
In the case that the PURCHASER shall make the payment of its orders to be created via the relevant SELLER web site with credit card by using the virtual POS application in the relevant site, the PURCHASER has to use the credit cards which have 3D Secure feature of banks and which are available for shopping in the internet.
The relevant web site of the SELLER and the virtual POS application in the site has been designed in the manner that they could run only with bank cards with 3D Secure feature. The PURCHASER accepts that he/she was informed about the issue through this Agreement.
The condition for delivery of the CERTIFICATE which is the subject matter of the Agreement is payment of this Agreement price using the payment method which the PURCHASER prefers. In the case that the product price is not paid for any reason or it is cancelled in the bank records, the SELLER is deemed to have been released from his/her obligation to deliver the product.
In the case that the payment transaction is cancelled since the relevant bank or the finance institution does not pay the product price to the SELLER for any reason including failure of the PURCHASER to pay the CERTIFICATE price for any reason or the PURCHASER not having any balance amount in the bank records and unlawful and unjust use of the credit card of the PURCHASER not because of the PURCHASER’S fault, the PURCHASER shall be deemed to have receded from the Agreement and the PURCHASER’S CERTIFICATE and his/her right to acquire the service which is the subject matter of the CERTIFICATE from the SELLER against the CERTIFICATE shall expire and validity of the CERTIFICATE shall be terminated.
Payment obligation shall arise for the CERTIFICATE ordered in the capacity of PURCHASER following the order. The condition for delivery of the CERTIFICATE is that the PURCHASER electronically confirms the Preliminary Information Form, this Agreement and they pays the CERTIFICATE price from the payment page.
5. AGREEMENT PERIOD
The Agreement date is the date of when the order is made by the PURCHASER.
In the case the delivery cannot be realized within the legal period or the service subject to CERTIFICATE becomes impossible to fulfill because of force majeure, the SELLER shall promptly notify this to the PURCHASER. In this case the PURCHASER may cancel the order or wait until the force majeure event comes to an end. In the case that the SELLER shall not be able to supply the CERTIFICATE and the service which is the subject matter of the CERTIFICATE, the SELLER shall clearly inform the PURCHASER within no later than 3 days from the moment of being aware of this situation and the PURCHASER shall cancel the order. Upon cancellation of the order by the PURCHASER, the SELLER is obligated to return the total price that the PURCHASER paid and any document that obligates him/her to the PURCHASER if any within no later than 14 days to the PURCHASER. In such a case, the PURCHASER shall not have any material and spiritual claim from the SELLER.
The return procedure to be used in the case that the PURCHASER exercises his/her right of withdrawal or the CERTIFICATE which is the subject matter of the order cannot be supplied for any reason, the service subject to the CERTIFICATE cannot be provided or in the case it is decided to return the price to the PURCHASER with the decision of the arbitration board is indicated as follows:
a) Return Procedure in the Options of Payment with Credit Card
If the shopping was made with credit card and in installments, the Bank pays back to the PURCHASER in installments of the number equal to the number of the installments in which the PURCHASER purchased the CERTIFICATE. In the case the goods and services purchased with card are returned, the SELLER cannot make payment in cash to the PURCHASER in accordance with the Agreement concluded with the Bank. The SELLER shall realize the return by means of the relevant software when any return transaction is in question and no cash payment is made to the PURCHASER in accordance with the procedure. The average process for the bank to reflect the amount returned to the credit card by the SELLER to the PURCHASER’s account may take 2 to 3 weeks. Since the reflection of this amount to the accounts of the PURCHASER after the return of this amount to the bank is entirely related to the bank transaction process, the PURCHASER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
The PURCHASER accepts and undertakes that he/she has read and approved this procedure.
b) Return Procedure in the Options of Payments through Money Transfer/EFT
The return shall be made by requesting for the bank details of the PURCHASER through money transfer or EFT to the account specified by the PURCHASER (it is a must that the account is in the name of the person at the address of the invoice or in the name of the user member). The SELLER pays the entire CERTIFICATE price to the bank account lump sum. In the case the goods and services purchased through money transfer/EFT; the SELLER cannot make payment in cash to the PURCHASER in accordance with the Agreement concluded with the Bank. The SELLER shall realize the return by means of the relevant software when any return transaction is in question and no cash payment is made to the PURCHASER in accordance with the abovementioned procedure since the SELLER is obligated to pay the relevant amount to the Bank either in cash or by deduction.
The PURCHASER accepts and undertakes that he/she has read and approved this procedure.
Any products with promotion or campaign given as gift for the CERTIFICATE to be returned should be returned simultaneously as well.
7. RIGHT OF WITHDRAWAL
The consumer (the PURCHASER) is entitled to withdraw from this Distant Sales Agreement without indicating any justification or paying any penalty within 14 (fourteen) days provided that the USER has not used the service in the certificate. The period of right of withdrawal starts on the date of establishment of the Agreement with respect to the Agreements for service performance and on the date of delivery of the goods to the consumer or to the third parties assigned by the consumer with respect to the Agreements for goods delivery. However the consumer may exercise his/her right of withdrawal within the period from establishment of the Agreement to the delivery of the goods. In determining the period of the right of withdrawal;
i. The day when the consumer or to the third party assigned by the consumer takes delivery of the last good for the goods which are the subject matter of a single order but delivered separately,
ii. The day when the consumer or to the third party assigned by the consumer takes delivery of the last portion for the goods which are composed of several portions,
iii. The day when the consumer or to the third party assigned by the consumer takes delivery of the first good for the Agreements stipulating regular delivery of the good for a specific period of time are taken into consideration.
In order for the PURCHASER (consumer) to exercise the right of refund (withdrawal), the PURCHASER must make a written notification within 14 (fourteen) days to the following addresses of the SELLER via registered mail, fax or e-mail.
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
E-mail: [email protected]
Fax: +90 264 582 21 01
8. SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The PURCHASER can return the Good/Service purchased without undertaking any legal and penal liability and without indicating any justification within 14 (fourteen) days from the delivery date exercising his/her right of withdrawal.
- The products the price of which is determined in the stock exchange or other organized markets cannot be returned.
- The products prepared on the basis of the consumer’s requests or clearly his/her personal needs cannot be returned.
- The products which spoil quickly or the expiration date of which could probably expire cannot be returned.
- The Agreements for delivery of the goods the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery. (Panties, silicon products, accessories, jewelry, cosmetic products and corsets cannot be replaced or returned because of hygiene.)
- The products which are mixed with other products after delivery and cannot be separated by nature cannot be returned.
- The Agreements for leisure time activities to be performed on a specific date or in a specific period, performed for the purposes of accommodation, moving, car renting, catering and entertainment and resting.
- Exercise of the right of withdrawal for the following products depend on the condition that the package of the product is not opened, disrupted and the product is not used:
- The products the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery (cosmetic products, headsets etc.) are not accepted when they are returned.
9.1 In the case that the PURCHASER makes shopping using a credit card or debit card, the entire responsibility arising from card use shall be borne by the PURCHASER. The SELLER does not assume any responsibility. Identity confirmation could be requested by the SELLER if deemed necessary. In the case that the card used cannot be detected to belong to the PURCHASER, the transaction performed may be cancelled by the site. In the case that unauthorized uses are notified to the site; the order is cancelled and the bank is given instruction for return if it is notified prior to shipment of the order.
9.2 The PARTIES agree, declare and undertake that they are obligated not to share the commercial secrets which they acquire about each other in accordance with this Agreement with 3rd parties and that they will be responsible for the damages that may arise otherwise.
9.3 The PURCHASER declares, accepts and undertakes that the PURCHASER has read and accepted all provisions of this Agreement by signing the Agreement and that this Agreement shall become binding on the PURCHASER in conformity with his/her will and the law.
10. TERMINATION OF THE AGREEMENT
In the case that the Agreement is terminated because of the PURCHASER’S fault, the delivery costs shall be borne by the PURCHASER.
11. NOTICES AND THE EVIDENCE AGREEMENT
All sorts of correspondences to be made by and between the Parties under this Agreement shall be made per e-mail except for the situations listed in the legislation. The PURCHASER accepts, declares and undertakes that the official books and commercial records of the parties as well as the electronic information kept in their own database and servers and the computer records are binding, final and exclusive evidence in the disputes that could arise from this Agreement and this article is of evidence Agreement nature within the meaning of article 193 of the Code of Civil Procedure.
12. RESOLUTION OF DISPUTES
This Agreement was accepted prior to payment is made by the PURCHASER and signed electronically by the parties.
The PURCHASER may apply for complaints and objections to the consumer arbitration committee or to the consumer court, in the place of residence or at the place where the goods or services are purchased within the monetary limits determined by the Ministry of Commerce in December every year. In the case that the order is realized the PURCHASER is deemed to have accepted all conditions of this Agreement.
The PURCHASER accepts and declares that he/she has read all conditions and explanations written in the Order-Agreement Preliminary Information which is available in its Internet Site and in this Agreement and which constitutes an integral part of the Agreement, that he/she had information in advance for all issues including the information with respect to the basic features-qualities, sales price, payment method, delivery conditions of the Service(s) to be sold, all other preliminary information-knowledge related to the Seller and the Product to be sold including personal information, that he/she saw and read all in the Internet Site in electronic media and accepted its content and accepted the provisions of this Agreement upon ordering the CERTIFICATE by giving the relevant confirmation-approval-acceptance-permission again in electronic media and that this acceptance is valid for the orders made using the option of “continue as a guest”.
I have read the Distant Sales Agreement; I agree and approve its content.
SELLER:Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
Date of Approval: