DISTANCE SALES AGREEMENT
(RELATED TO ACCOMMODATION SERVICES OR FESTIVAL EVENTS)
A. SELLER
Title: Babakamp Turizm Tarım ve Ticaret Limited Şirketi
Address: Karaağaç Mah. Karaağaç Sok. No:43 Fethiye, Muğla
MERSIS No: 0128047537700001
Email: info@babakamp.com
Phone: +90 531 911 97 09
Bank Account Information:
Bank: [ ● ]
Branch / Code: [ ● ]
TL Account No: [ ● ]
IBAN No: TR [ ● ]
B. BUYER
Name, Surname / Title: [ ● ]
T.C. Identification No / Tax Identification No: [ ● ]
Email: [ ● ]
Phone: [ ● ]
In the context of this Distance Sales Agreement for Accommodation Services, the term "Seller" refers to the person mentioned above, the owner of the internet site with the domain name www.babakamp.com (briefly "Site"), offering accommodation services and/or festival events for sale on the Site, and the term "Buyer" refers to the customer who enters the Site and purchases accommodation services or festival events electronically and for a fee. Accordingly, the Buyer declares that they agree with the provisions of this Agreement, understand and accept the terms.
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502, published in the Official Gazette dated November 28, 2013, and entered into force on May 28, 2014, and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014.
The accommodation service or festival event refers to the Services published on the Site, which can be ordered and purchased by the Buyer, and the type and characteristics of these services as published on the Site. The type, variety, quantity, and other information about the service offered for sale, as well as the sales price including VAT and payment method, will be based on the information available at the time of the order. The total sales amount, including the nature and VAT of each service, is specified on the relevant page.
The Buyer acknowledges and declares that they are informed about the Seller's current and promotional information, the basic characteristics of the service subject to sale, the sales price, payment method, delivery conditions, and preliminary information about the service subject to sale, as detailed in both the Site and this Agreement, and confirms this information electronically before making the purchase.
Name / Code
Quantity
Unit Price
Promotion
Subtotal
Total:
Payment Method:
Transaction Fee:
Promotion Amount:
Total Amount (Including VAT):
Buyer's Address:
Invoice Address:
b) The Buyer declares that they have read and understood all the preliminary information regarding the basic characteristics of the accommodation service subject to this Agreement, the sales price, and payment method, and that they have provided the necessary confirmation in electronic form, thus accepting this Agreement.
The Buyer agrees that the address and other contact information they provided when registering on the Site, or in the case of non-member sales, the address and other contact information specified in this Agreement, will be considered as the Buyer's legally valid address for notifications. The Buyer acknowledges and declares that all information provided to the Seller regarding the order is accurate and complete, and the Seller may contact them through this information if necessary. If the Buyer specifies a different address in their cancellation notification within the scope of Article 10 of this Agreement, this address may also be used by the Seller to establish contact with the Buyer exercising the right of withdrawal.
The Seller's contact information on the Site is accurate and up-to-date, and the Buyer declares and accepts that they will directly communicate with the Seller through this information.
The Seller is responsible for the complete and compliant performance of the service according to the specified qualities in the order.
a) In order for the service subject to the Agreement to be realized, it is a condition that the service fee has been paid to the Seller. Payments can only be made by the Buyer's debit/credit card. If, for any reason, the service fee is not paid to the Seller, the Seller will not be obliged to perform.
b) If the Buyer defaults on transactions made with a credit card, they will pay interest and be responsible to the bank according to the credit card agreement. In case of default, the bank may resort to legal remedies and demand the incurred expenses and attorney fees from the Buyer. In any case, if the Buyer defaults on their debt, they will be obliged to pay the damages arising from the delayed performance of the Seller upon the Seller's first written request.
c) The service(s) subject to this Agreement, as per the provision of Article 15/g of the Distance Contracts Regulation published in the Official Gazette dated 27/11/2014 and numbered 29188, constitutes an exception to the right of withdrawal. Therefore, the Buyer cannot exercise the right of withdrawal for the services covered by this Agreement, and any refund and/or cancellation related to the services covered by this Agreement cannot be realized.
If the Seller cannot deliver the product within the specified period due to force majeure (earthquake, fire, flood, etc.) or extraordinary circumstances such as adverse weather preventing transportation or cutting off transportation, the Seller is obliged to inform the Buyer about the situation. In this case, the Buyer may use one of their rights to cancel the order, replace the service with a similar one, and/or postpone the performance period until the obstructive situation is eliminated. If the Buyer cancels the order, the amount paid will be refunded in cash within ten (10) days.
The Seller will store and be responsible for the security of the personal data provided by the Buyer within the scope of this Agreement. In this regard, the Buyer acknowledges and commits that they have read and understood all the texts related to personal data, accessible at www.babakamp.com/kvkk, and available documents at www.babakamp.com/kvkk regarding the Company's Privacy and Personal Data Protection Policy are an integral and inseparable part of this Agreement.
The completion of the purchase and the performance of this Agreement require Users to provide some personal information such as name, surname, address, email address, phone number, etc., and the Company may reject the completion of the purchase if this information is not provided in full and accurately. In this regard, the Company will use the personal data of the Users within the framework of the conditions specified in the Privacy and Personal Data Protection Policy and the documents accessible at www.babakamp.com/kvkk.
Except for the conditions determined in this Agreement, the conditions pertaining to the specific service delivered by the Seller is determined for each category at Seller’s sole discretion and notified to the Buyer upon arrival.
In case of disputes arising from this Agreement, Fethiye Courts and Execution Offices will have jurisdiction. Additionally, the Buyer has the right to apply to the Consumer Arbitration Board or Consumer Court as specified in the legislation for any disputes arising from purchases made on the Site.
DISTANCE SALES AGREEMENT
(PRODUCTS)
Name: Babakamp Turizm Tarım ve Ticaret Limited Şirketi
Address: Karaağaç Mah. Karaağaç Sok. No:43 Fethiye, Muğla Mersis No: 0128047537700001
Email: info@babakamp.com
Phone: +90 531 911 97 09
Bank Account Information:
Bank: [ ● ]
Branch / Code: [ ● ]
TRY Account No: [ ● ]
IBAN No: TR [ ● ]
Name, Surname / Title: [ ● ]
Turkish ID No / Tax ID No: [ ● ]
Email: [ ● ]
Phone: [ ● ]
In this Distance Sales Agreement, the Seller refers to the person who owns the internet site with the domain name www.babakamp.com (briefly referred to as the "Site") and offers the products listed on the Site for sale. The Buyer, on the other hand, refers to the customer who enters the Site and makes purchases electronically and for a fee. In this regard, the Buyer declares that they agree with the provisions of this Agreement and understand and accept its terms.
The subject of this Agreement is the sale and delivery of the products sold to the Buyer electronically through the Site, whose qualities and VAT-inclusive prices are clearly stated on the Site, in accordance with the provisions of the Law on Consumer Protection No. 6502, published in the Official Gazette dated November 28, 2013, and No. 28835, and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, and No. 29188, which came into effect on May 28, 2014.
The term "Products" refers to the products published on the Site that can be ordered and purchased by the Buyer. Information about the type, variety, model, brand, and quantity of the products offered for sale on the Site, as well as the VAT-inclusive selling price and payment method, will consist of the information at the time the order is finalized according to the Buyer's requests. The qualitative and VAT-inclusive total selling amount of each product covered by the agreement is stated next to the product images.
The Buyer acknowledges and declares that they are informed about the Seller's current and descriptive information, the essential characteristics of the products offered for sale, the sales price, payment method, and delivery conditions, as well as preliminary information about the product subject to sale and the right of withdrawal. The Buyer confirms that the rights and information specified on the Site and in this Agreement have been detailed, and they have confirmed this information electronically before placing an order.
Product Name / Code
Quantity
Unit Price
Promotion
Subtotal
Total:
Payment Method:
Transaction and Shipping Fee:
Promotion Amount:
Grand Total (Including VAT):
Delivery Address:
Recipient for Delivery:
Invoice Address:
b) Unless otherwise specified by the SELLER, the delivery expenses of the above-mentioned Product(s) (such as shipping fees, etc.) are covered by the SELLER.
c) The Buyer declares that they have read and are informed about the essential characteristics of the products subject to this Agreement, the sales price, payment method, and all preliminary information related to delivery. The Buyer affirms that they have provided the necessary confirmation electronically and thereby accepts this Agreement.
The Buyer acknowledges and accepts that the address and other contact information registered when becoming a member of the Site, or if not a member, the address and other contact information specified in this Agreement, will be considered as the Buyer's legally valid address and contact information for notifications. The Buyer asserts that all information provided to the Seller regarding the order is accurate and complete, and the Seller can contact them through this information when necessary. The Seller is not responsible for the non-delivery or delayed delivery of the ordered products due to incorrect information. However, if the Buyer specifies a different address in the withdrawal notification under Article 24 of this Agreement, this address may also be used by the Seller to contact the Buyer exercising the right of withdrawal.
All communication information provided on the Site by the Seller is accurate and up-to-date. The Buyer declares and accepts that they will directly communicate with the Seller through this information.
a) The Buyer is obliged to check the product upon delivery and immediately notify the Seller if there is any defect. In case of a defect, the Buyer has the options of: (i) returning the product by notifying the Seller of readiness to return, (ii) withholding the product and requesting a discount in proportion to the defect from the sales price, (iii) requesting free repair of the product with all expenses borne by the Seller if it does not require excessive costs, (iv) if possible, choosing to replace the product with a non-defective one. The Buyer has the exclusive right to choose one of these options if the product is defective.
b) If the Buyer believes that the packages have been damaged during transportation, they must open and inspect them in front of the shipping company representative during delivery. If there is any defect in the product, the Buyer must create a report with the shipping company and, if the product has not been accepted, notify the Seller within 3 (three) days with a copy of the report. In this case, the Buyer can exercise one of the optional rights specified in this article. Once the product is received by the Buyer, it is considered accepted, and the shipping company is deemed to have fulfilled its duty.
c) In the case of second-hand product sales, wear and tear of the product and/or any deficiencies stated on the product page are not considered defects. In second-hand product sales, the Buyer's responsibility for defects is limited to a maximum of 1 (one) year from the delivery date.
The Seller will process orders received during business hours (every day between 09:00 - 16:00) within the same day. Orders received after 16:00 will be processed on the next business day within business hours. After the successful completion of the order process and the payment of the fee for the product(s) determined by the Seller with a bank card/credit card [or bank transfer], the Seller will send an electronic email message to the email address provided by the Buyer when registering on the Site, informing them that the order process has been completed.
Within 2 (two) to 5 (five) business days after the Seller confirms the order placed by the Buyer on the Site, the Seller will dispatch the order to the address provided by the Buyer for delivery. Unless otherwise specified during the order, the shipping costs will be covered by the Seller. The Seller shall not be responsible for delays in shipping.
If the Buyer requests delivery of the product to a person or entity other than themselves, the Seller shall not be responsible for the recipient's refusal to accept delivery and any resulting delays.
The Seller is responsible for delivering the product complete and in accordance with the specifications stated in the order.
a) For the delivery of the contracted product, it is a condition that the product price has been paid to the Seller. Payments can only be made by the Buyer's bank card/credit card. If the product price is not paid to the Seller for any reason, the Seller will not be obliged to deliver the product to the Buyer.
b) If the Buyer defaults on transactions made with a credit card, they will be liable to pay interest and be responsible to the card-issuing bank according to the credit card agreement. In this case, the relevant bank may resort to legal remedies, and the Buyer will be obligated to pay any resulting expenses and attorney's fees upon the Seller's first written request. In any case, if the Buyer defaults on their debt, the Buyer will be obliged to compensate the Seller for any damages and losses arising from the delayed performance of the debt upon the Seller's first written request.
c) If the Buyer's bank card/credit card is not paid to the Seller due to unauthorized use by unauthorized persons, illegal or unlawful use, the Buyer, upon receiving the product, must return the product undamaged to the Seller within 3 days or make payment to the Seller for the product price. In the event of the return of the product to the Seller, the shipping costs will be covered by the Seller.
a) The BUYER has the right to withdraw from the contract without stating any reason and without paying any penalty within fourteen (14) days from the delivery of the product to themselves or the person/organization at the specified address.
b) The BUYER can exercise the right of withdrawal by sending the product they purchased to the address specified by the SELLER in this contract, together with the withdrawal/return form, the cargo delivery report, and the original invoice, provided that the product is unused, the label is not cut, and the conditions for return are met. When exercising the right of withdrawal, the BUYER is obliged to fill in the information on the "Return Form" completely or make a clear statement to the SELLER that they have exercised the right of withdrawal. If the BUYER wishes, they have the right to send the "Return Form" directly to the SELLER through the Site.
c) Upon the satisfaction of the return conditions mentioned above, the SELLER will refund the product price to the BUYER's bank card/credit card [or bank account] within fourteen (14) days following the receipt of the product and all documents specified in Article 16(a). If the ORIGINAL INVOICE is not sent, the SELLER will only refund the product price to the BUYER; VAT and any other legal obligations will not be refunded.
d) In the exercise of the right of withdrawal, the product and the documents specified in Article 16(a) must be sent by the BUYER to the address of the SELLER:
"Karaağaç Mah. Karaağaç Sok. No:43 Fethiye, Muğla"
e) The BUYER is aware and agrees that products such as underwear, swimsuits, bikinis, as well as jewelry items like earrings and piercings, cannot be returned due to health and hygiene reasons, even in cases where the BUYER claims not to have used the product.
If the SELLER cannot deliver the product within the specified period due to force majeure (earthquake, fire, flood, etc.) or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may choose to cancel the order, replace the product with a similar one if available, and/or postpone the delivery until the obstructive situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash within ten (10) days.
The SELLER will store the personal data transmitted by the BUYER under this Agreement and will be responsible for the security of this data. In this context, the BUYER acknowledges and undertakes that they have read and understood all texts related to personal data, which can be accessed at www.babakamp.com/kvkk, and are an integral part of this Agreement, including the Company's Privacy and Personal Data Protection Policy.
For the completion of the purchase and the performance of this Agreement, Users are required to provide certain personal information such as name, surname, address, email address, and phone number, and if these details are not provided fully and accurately, the completion of the purchase may be rejected by the Company. In this regard, the Company will use the personal data of Users in accordance with the purposes stated in the Privacy and Personal Data Protection Policy and the documents that can be accessed at www.babakamp.com/kvkk within the conditions specified.
In case of disputes arising from this Agreement, Fethiye Courts and Enforcement Offices will have jurisdiction. Additionally, the BUYER has the right to apply to the Consumer Arbitration Board or Consumer Court in accordance with the relevant legislation for any disputes arising from purchases made through the Site, as stated in the law.
