Distance Sales Agreement
Balantion – Balantion LLC
This agreement has been prepared in accordance with the obligation to make contracts for sales conducted over the internet pursuant to the Regulation on the Implementation Procedures and Principles of Distance Contracts published in the Official Gazette dated 13.06.2003 and numbered 25137, and is as follows in articles.
ARTICLE 1 – SUBJECT
The subject of this agreement covers the rights and obligations of the parties regarding the sale and delivery of the product whose characteristics and sales price are specified below, sold by the SELLER to the BUYER, in accordance with the provisions of Law No. 4077 on Consumer Protection – Regulation on the Implementation Principles and Procedures of Distance Contracts.
ARTICLE 2.1 – SELLER INFORMATION
Title: Balantion LLC
Address: 311 currie drive Alpheretta Georgia 30005 USA
Phone: 706 974 31 30
Email: info@mericderi.com
2.2 – BUYER INFORMATION
As a customer, the person who becomes a member of the www.balantion.com shopping site.
The address and contact information used during membership registration is taken as basis.
ARTICLE 3 – PRODUCT INFORMATION SUBJECT TO CONTRACT
It consists of the type, quantity, brand/model, color, number, sales price, payment method, and information at the time the order is finalized for the goods/product/service
ARTICLE 4 – GENERAL PROVISIONS
4.1 – The BUYER declares that they have read and become informed about all preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product or products subject to the contract specified in Article 3, and have given the necessary confirmation electronically.
4.2 – The product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the time period specified in the preliminary information, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal 30-day period. This period may be extended by a maximum of 10 more days, provided that the BUYER is notified in advance.
4.3 – If the product subject to the contract is to be delivered to a person/organization other than the BUYER, Balantion LLC cannot be held responsible for the person/organization to whom delivery is to be made not accepting the delivery.
4.4 – Balantion LLC is responsible for delivering the product subject to the contract in sound, complete condition, in accordance with the characteristics specified in the order, and with warranty documents and user manuals if any.
4.5 – For the delivery of the product subject to the contract, this signed contract must have been delivered to Balantion LLC and its price must have been paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in bank records, Balantion LLC is considered to be released from the obligation to deliver the product.
4.6- If the bank or financial institution does not pay the product price to Balantion LLC due to the unauthorized use of the BUYER’s credit card by unauthorized persons in an unlawful or illegal manner not caused by the BUYER’s fault after the delivery of the product, the product must be sent to Balantion LLC within 3 days, provided that it has been delivered to the BUYER. In this case, shipping costs belong to the BUYER.
4.7- Balantion LLC is obliged to notify the BUYER if it cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation or interruption of transportation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its equivalent if available, and/or postpone the delivery time until the preventing situation is resolved. If the BUYER cancels the order, the amount paid will be paid to them in cash and in full within 10 days.
4.8- Products that are defective or damaged, whether or not sold with a warranty certificate, may be sent to Balantion LLC for necessary repairs under warranty conditions, in which case shipping costs will be covered by Balantion LLC .
4.9- This contract becomes valid after it is signed by the BUYER and delivered to Balantion LLC by fax or mail.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within (7) days from the delivery of the product subject to the contract to themselves or the person/organization at the address they indicated. To exercise the right of withdrawal, Balantion LLC must be notified by fax, email or phone within this period and the product must not have been used in accordance with the relevant article provisions. If this right is exercised, the original invoice along with a copy of the cargo delivery receipt showing that the product delivered to a third party or the BUYER has been sent to Balantion LLC must be returned. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the BUYER.
The right of withdrawal cannot be used for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that spoil quickly or have expired. For all kinds of software and programs, DVDs, VCDs, CDs and cassettes, batteries, consumables (toner, cartridge, ribbon, etc.), the use of the right of withdrawal is subject to the condition that the product packaging is unopened, undamaged and the product is unused.
Additionally, consumers cannot exercise the right of withdrawal for goods produced according to the consumer’s special requests and demands or made personal by making changes or additions to them.
If payment is made with a credit card or similar payment card, the consumer may request cancellation of the payment transaction on the grounds that the card was used without their consent and unlawfully. In this case, the organization that issued the card refunds the payment amount to the consumer within 10 days from the notification of the objection.
In the application of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts in the place of residence of Balantion LLC are authorized.
In case of order completion, the BUYER will be deemed to have accepted all terms of this contract.
