Distance Sales Agreement
DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1. SELLER INFORMATION:
- Trade Name: Resul Ertuğrul (NetMilli)
- Head Office Address: Fatih Mah. Prof. Dr. Aziz Sancar Cad. No: 82 Interior Door No: 27 Küçükçekmece / Istanbul
- Telephone: 0541 209 08 32
- E-mail: info@netmilli.com
- Registered Electronic Mail (KEP) Address: resul.ertugrul@hs09.kep.tr
- Tax Office and Number: Küçükçekmece Tax Office / 3740011366 (Hereinafter referred to as the "SELLER" in this document.)
1.2. BUYER INFORMATION:
- Buyer Identity: The natural or legal person who performs transactions via [www.netmilli.com] during the ordering process and declares their full name, delivery address, telephone, and e-mail information. (Hereinafter referred to as the "BUYER" in this document.)
ARTICLE 2 – SUBJECT AND SCOPE OF THE CONTRACT
The subject of this contract is to determine the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Distance Contracts Regulation No. 29188, regarding the sale and delivery of the product(s) ordered electronically by the BUYER via the SELLER’s website, the qualifications and sales price of which are specified.
ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT, PAYMENT, AND COLLECTION
3.1. The type, quantity, brand/model, total price including taxes, and delivery fee of the product subject to the contract are clearly stated on the Preliminary Information Form and the invoice presented for the BUYER’s approval at the moment the order is completed. 3.2. The SELLER cannot be held responsible for extraordinary pricing that occurs contrary to market conditions as a result of systemic software errors, cyber interventions, or obvious typographical errors (e.g., a product worth 2,500 TL being listed as 25 TL by mistake). In accordance with the rule of good faith (Turkish Civil Code Art. 2), the SELLER reserves the right to unilaterally cancel the order and refund the payment in such cases. 3.3. Payments are made via credit card, debit card, or wire transfer/EFT through PayTR or other secure payment infrastructures provided by the SELLER. The SELLER’s delivery obligation does not commence until the payment process is approved by the relevant bank or financial institution.
ARTICLE 4 – DELIVERY TERMS AND BUYER’S OBLIGATIONS
4.1. Orders with approved payments are delivered to the cargo company within 1–3 business days under normal conditions. After delivery to the cargo, the arrival time to the address is generally 1–3 business days, depending on the delivery region and the carrier's distribution plan. Standard domestic cargo within Turkey is free regardless of the minimum purchase amount. The consumer’s legal rights are reserved. 4.2. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered refuses the delivery. 4.3. If the BUYER is not present at the address at the time of delivery, the SELLER is considered to have fulfilled its obligation fully and completely. All additional costs arising from the product waiting at the cargo or returning to the SELLER belong to the BUYER. 4.4. OBLIGATION TO IDENTIFY DAMAGE: The BUYER is obliged to inspect the product before receiving it from the cargo. Products that are crushed, broken, have torn packaging, or have been in contact with liquid should not be accepted, and a "Damage Assessment Report" must absolutely be obtained from the cargo official. Claims by the BUYER that products received without a report were damaged during the cargo process will be considered legally invalid.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. The BUYER, who has the status of a consumer, may exercise their right of withdrawal within 14 (fourteen) days from the delivery date without assuming any legal or criminal responsibility and without providing any justification. 5.2. The withdrawal notification must be delivered to the SELLER in writing via the info@netmilli.com e-mail address, KEP address, or a durable medium. 5.3. If the product to be returned is sent via the cargo company with which the SELLER has an agreement, the return shipping fee belongs to the SELLER. If the BUYER sends the product via a different cargo company, the shipping cost and the risk of damage during transport pass to the BUYER.
ARTICLE 6 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL (FINAL PROVISIONS)
The BUYER cannot exercise the right of withdrawal in the following cases: 6.1. Health and Hygiene Products: Returns of shavers, razor blades, razors, cosmetics, and all personal care products that come into direct contact with the skin are conditional upon the packaging being unopened, the protective tape being untorn, and the product being absolutely unused. 6.2. Professional Cutting Tools: In the event that professional tools such as chef and kitchen knives offered for sale, etc., are brought into contact with food, tested, sharpened, washed, or if there are scratches/micro-damage on the blade surface, the return will absolutely not be accepted as the product loses its commercial value (second-hand status). 6.3. B2B / Corporate Transactions: Orders for which the invoice is issued in the name of a legal entity or business (Merchant) are outside the scope of the Consumer Law No. 6502, and the 14-day unconditional right of withdrawal does not apply. Commercial purchases are subject to the provisions of the Turkish Commercial Code (TTK), and a "Return Invoice" must legally be issued for return transactions.
ARTICLE 7 – DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on transactions made with a credit card, the BUYER will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; costs and attorney fees to be incurred may be claimed from the BUYER.
ARTICLE 8 – FORCE MAJEURE
Situations that did not exist at the time the contract was signed, were unforeseeable, developed beyond the SELLER’s control, and make the performance of obligations impossible (natural disasters, war, terrorism, cyber attacks, epidemics, customs issues, strikes, communication infrastructure collapses, etc.) are considered force majeure. During this process, the SELLER reserves the right to delay or cancel the delivery.
ARTICLE 9 – EVIDENTIARY CONTRACT
In any dispute that may arise from this contract, the SELLER’s official books, commercial records, computer, server and system logs, and e-invoice/e-archive records shall constitute conclusive and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100.
ARTICLE 10 – AUTHORIZED COURT AND ENFORCEMENT OFFICES
In disputes arising from the implementation of this contract, within the monetary limits announced annually by the T.R. Ministry of Trade, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods/services or where the BUYER resides are authorized. For transactions where the invoice is issued in the name of commercial businesses, Istanbul Çağlayan Courts and Enforcement Offices are exclusively authorized.
ARTICLE 11 – EFFECTIVENESS AND APPROVAL
The BUYER declares and undertakes that they have read all 11 (eleven) clauses of this contract and that they have accepted it electronically under IP number and log records the moment they create their order on the [www.netmilli.com] site and confirm the payment step.