DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement is signed between the parties mentioned below under the following terms and conditions.
A. ‘BUYER’; (hereinafter referred to as “BUYER”)
B. ‘SELLER’; (hereinafter referred to as “SELLER”)
NAME-SURNAME: ŞAFAK BİLEKLİK (ŞAFAK KARAGÖZ)
ADDRESS: Şimşek Street No:16/11 Çekmeköy / Istanbul
By accepting this agreement, the BUYER agrees to pay the order amount and any additional fees such as shipping costs and taxes, if any, and acknowledges that they have been informed about this in advance.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will have the following meanings:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the provision of goods made or committed to be made for a fee or benefit,
SELLER: The company offering or acting on behalf of or on account of the consumer within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: A real or legal person requesting a good or service through the SELLER’s website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods prepared for use in electronic environments such as software, sound, image, and similar.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically through the SELLER’s website.
The listed and announced prices on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a period are valid until the end of the specified period.
4. SELLER INFORMATION
Name: ŞAFAK BİLEKLİK (ŞAFAK KARAGÖZ)
Address: Şimşek Street No:16/11 Çekmeköy / Istanbul
Phone: 0530 425 48 89
Email: info@safakbracelet.com
5. BUYER INFORMATION
Delivery person
Delivery address
Phone
Fax
Email/username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT/SUBJECT OF THE AGREEMENT
1. The main features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. You can review the main features of the product during the campaign period if the campaign is organized by the seller. It is valid until the campaign date.
7.2. The listed and announced prices on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a period are valid until the end of the specified period.
7.3. The total sales price of the goods or services, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product shipping expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER declares that they have read and are aware of the basic qualities, sales price, payment method, and preliminary information regarding the delivery of the product subject to the contract on the SELLER’s website and has given the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes to have received the preliminary information about the address, basic qualities of the ordered products, prices including taxes, payment and delivery information, and to have provided the necessary confirmation in the electronic environment before the establishment of the distance sales contract.
9.2. Each product subject to the contract is delivered to the BUYER or the person or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, provided that it does not exceed the legal 30-day period, depending on the distance of the BUYER’s place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, required information and documents, free from all kinds of defects, as per the legal regulations, in accordance with the principles of integrity and honesty, to maintain and increase service quality, to show the necessary care and attention during the performance of the work, to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the fulfillment period expires.
9.5. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service ordered becomes impossible, it accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date of becoming aware of this situation, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and if for any reason the product price is not paid and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person or organization at the address indicated by the BUYER, and the related bank or financial institution does not pay the product price to the SELLER due to unauthorized use of the BUYER’s credit card after the delivery, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, it will inform the BUYER of the situation. In this case, the BUYER may request the cancellation of the order, the replacement of the product subject to the contract with its equivalent if any, and/or the postponement of the delivery period until the hindrance is removed. If the order is canceled by the BUYER, the amount paid in cash will be refunded to them in full within 14 days from the cancellation. For payments made by the BUYER with a credit card, the product amount will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and the reflection of this amount in the BUYER’s accounts after the return to the bank is entirely related to the bank’s transaction process, and the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means through the address, email address, landline and mobile phone lines, and other contact information provided by the BUYER on the registration form on the site or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. The delivered goods/services will be deemed to be undamaged and intact. The duty to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person or if a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while signing up to the SELLER’s website is true, and the SELLER will compensate all damages incurred due to the untruthfulness of this information immediately, in cash, and in full upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal liabilities will bind the BUYER exclusively and fully.
9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, infringes on others’ material and moral rights. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER’s website. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained on the linked website.
9.16. The member who violates one or more of the articles listed in this agreement will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; in case the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER can use their right of withdrawal from the contract without taking any legal or penal responsibility and without giving any reason within 14 (fourteen) days from the delivery of the product to the BUYER or the person/organization at the address indicated if the contract is related to the sale of goods. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used in service contracts where the performance of the service has been started with the approval of the consumer before the expiry of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.
10.2. In order to use the right of withdrawal, the SELLER must be notified by registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must not be used within the framework of the provisions of “Products for which the right of withdrawal cannot be exercised” set forth in this agreement. If this right is used,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns for which the invoice is issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents putting the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notification and to take back the product within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages at the rate of the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the product or goods within the withdrawal period.
f) If the campaign limit amount set by the SELLER is exceeded due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Products prepared in line with the BUYER’s requests or explicitly their personal needs and which are not suitable for return, underwear bottom pieces, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or are likely to expire, products that are not suitable for health and hygiene to be returned if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables cannot be returned if their packaging has been opened by the BUYER as per the Regulation. In addition, the right of withdrawal cannot be used for services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal period as per the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging is unopened, untested, intact, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that if they make the payment transactions with a credit card and fall into default, they will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal means; the BUYER may be charged for the costs and attorney fees that may arise, and in any case, if the BUYER goes into default due to their debt, the BUYER agrees to pay the SELLER’s damage and loss incurred due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or consumer court where the consumer’s place of residence is located or where the consumer transaction is made within the monetary limits specified in the law below. Information on the monetary limit is as follows:
Effective from 28/05/2014:
a) To district consumer arbitration committees for disputes under 2,000.00 (two thousand) TL in accordance with Article 68 of the Consumer Protection Law No. 6502,
b) To provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL,
c) In provinces with metropolitan status, to provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER:
BUYER:
DATE: