DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions set out below.
- The 'BUYER'; (hereinafter referred to in this agreement as the "BUYER")
NAME - SURNAME:
ADDRESS:
- The 'SELLER'; (hereinafter referred to in this agreement as the "SELLER")
NAME - SURNAME: Arzu Koşar - Atelier Desire
ADDRESS: Göztepe Mahallesi Prof. Mustafa Reşit Belgesay Sok. No:19 D:8 Kadıköy Istanbul
Tax Office: Göztepe Tax Office
Tax No / Turkish ID No: 19820227450
By accepting this Agreement, the BUYER acknowledges in advance that, should it confirm the order that is the subject of this Agreement, it will be under an obligation to pay the order price and any additional charges specified, such as shipping fees and taxes, if applicable, and that it has been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms set out below shall carry the meanings indicated opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject matter of any consumer transaction other than the supply of goods, performed or undertaken to be performed in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activity, or that acts in the name of or on behalf of the party offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for purposes outside its trade or profession,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement executed between the SELLER and the BUYER,
GOODS: Refers to movable property that is the subject of the sale, as well as software, audio, video, and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, pursuant to the provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, with respect to the sale and delivery of the product whose characteristics and sale price are set out below, ordered electronically by the BUYER through the SELLER's website.
The prices listed and published on the site are the sale prices. Published prices and offers remain valid until updated or changed. Prices announced for a limited time remain valid until the end of the stated period.
4. SELLER INFORMATION
Title: Arzu Koşar - Atelier Desire
Address: Göztepe Mahallesi Prof. Mustafa Reşit Belgesay Sok. No:19 D:8 Kadıköy Istanbul, Göztepe Tax Office, 19820227450
Phone: 0850 3030774
Fax: -
Email: [email protected]
Tax Office: Göztepe Tax Office
Tax No / Turkish ID No: 19820227450
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The basic characteristics (type, quantity, brand/model, colour, quantity) of the Good/Product(s)/Service are published on the SELLER's website. Where a campaign has been arranged by the Seller, you may review the basic characteristics of the relevant product for the duration of the campaign. It remains valid until the campaign date.
7.2. The prices listed and published on the site are the sale prices. Published prices and offers remain valid until updated or changed. Prices announced for a limited time remain valid until the end of the stated period.
7.3. The sale price of the goods or service subject to the Agreement, inclusive of all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal |
Shipping Amount | |||
Total: | |||
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee for product dispatch shall be covered by the SELLER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered to the invoice address together with the order
at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that it has read and become informed of the preliminary information on the SELLER's website regarding the basic characteristics of the product subject to the Agreement, the sale price, the method of payment, and delivery, and that it has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that, by confirming the Preliminary Information electronically, it has, prior to the formation of the distance sales agreement, also obtained correctly and in full the address that must be provided to it by the SELLER, the basic characteristics of the ordered products, the price of the products inclusive of taxes, and the payment and delivery information.
9.2. Each product subject to the Agreement shall be delivered to the BUYER, or to the person and/or entity at the address indicated by the BUYER, within the period stated in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that this does not exceed the legal period of 30 days. Should the product not be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in accordance with the characteristics specified in the order, together with any warranty certificates, user manuals, and other information and documents required by the nature of the work; to perform the work free from any defect whatsoever, soundly and in conformity with applicable legislation and standards, on the basis of accuracy and good faith; to maintain and improve the quality of service; and to exercise the necessary care, diligence, prudence, and foresight in the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price before the expiry of its performance obligation arising from the Agreement, by informing the BUYER and obtaining its express consent.
9.5. Should performance of the ordered product or service become impossible, the SELLER accepts, declares, and undertakes that, if it is thereby unable to fulfil its obligations under the Agreement, it will notify the consumer thereof in writing within 3 days of becoming aware of such fact, and will refund the total price to the BUYER within a period of 14 days.
9.6. The BUYER accepts, declares, and undertakes that it will confirm this Agreement electronically for delivery of the product subject to the Agreement, and that, should the price of the product subject to the Agreement not be paid for any reason and/or be cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement shall come to an end.
9.7. Should the price of the product subject to the Agreement not be paid to the SELLER by the relevant bank or financial institution, following delivery of the product subject to the Agreement to the BUYER or to the person and/or entity at the address indicated by the BUYER, as a result of the unauthorised and wrongful use of the BUYER's credit card by unauthorised persons, the BUYER accepts, declares, and undertakes that it will return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. Should the SELLER be unable to deliver the product subject to the Agreement within the specified period due to force majeure events that arise outside the will of the parties, that were unforeseeable, and that prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes that it will notify the BUYER of such circumstance. The BUYER shall likewise have the right to request from the SELLER that the order be cancelled, that the product subject to the Agreement be replaced with an equivalent, if any, and/or that the delivery period be postponed until the impeding circumstance is removed. Should the order be cancelled by the BUYER, in the case of payments made by the BUYER in cash, the product amount shall be paid to it in cash and in full within 14 days. In the case of payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days following cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process by which the amount refunded by the SELLER to the credit card is reflected by the bank in the BUYER's account may take 2 to 3 weeks; that, since the reflection of this amount in the BUYER's account following its refund to the bank is a matter entirely related to the bank's transaction process, the BUYER may not hold the SELLER responsible for any resulting delays.
9.9. The SELLER has the right to reach the BUYER, for the purposes of communication, marketing, notification, and other purposes, by letter, e-mail, SMS, telephone call, and other means, through the address, e-mail address, landline and mobile telephone lines, and other contact details specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities described above directed towards it.
9.10. The BUYER shall inspect the goods/service subject to the Agreement before accepting delivery, and shall not accept delivery from the cargo company of any goods/service that is dented, broken, has torn packaging, or is otherwise damaged or defective. Goods/service accepted upon delivery shall be deemed undamaged and sound. Following delivery, the obligation to carefully preserve the goods/service belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. Should the holder of the credit card used at the time of the order not be the same person as the BUYER, or should a security vulnerability relating to the credit card used in the order be identified prior to delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact details of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to it. The order shall be put on hold for the period until the BUYER provides the requested information/documents, and should the aforementioned requests not be met within 24 hours, the SELLER shall be entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information it provided when registering as a member on the SELLER's website is accurate, and that it will indemnify, immediately, in cash and in full, upon the SELLER's first notification, any and all losses the SELLER may incur due to the inaccuracy of such information.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of applicable legislation while using the SELLER's website, and not to violate them. Otherwise, any and all legal and criminal liabilities that may arise shall bind the BUYER fully and exclusively.
9.14. The BUYER may not, under any circumstances, use the SELLER's website in a manner that disrupts public order, is contrary to public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the material or moral rights of others. Furthermore, the member may not carry out activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's own control and/or that are owned and/or operated by other third parties. These links have been placed to provide ease of navigation for the BUYER, do not constitute support for any website or the person operating that site, and do not carry any warranty whatsoever as to the information contained on the linked website.
9.16. A member who violates one or more of the clauses set out in this agreement shall be personally liable, both criminally and civilly, by reason of such violation, and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, should the matter be referred to legal proceedings by reason of such violation, the SELLER reserves the right to claim damages against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise its right to withdraw from the Agreement within 14 (fourteen) days from the date the product is delivered to it or to the person/entity at the address indicated by it, by so notifying the SELLER, without assuming any legal or criminal liability and without stating any reason, by rejecting the goods. In distance contracts relating to the provision of a service, this period begins from the date the Agreement is signed. The right of withdrawal may not be exercised in service agreements where, with the consumer's approval, performance of the service has begun before the withdrawal period has expired. Costs arising from the exercise of the right of withdrawal shall belong to the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that it has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax, or e-mail, and the product must not have been used, within the framework of the provisions on "Products for Which the Right of Withdrawal Cannot Be Exercised" set out in this agreement. Where this right is exercised,
a) The invoice of the product delivered to the third party or to the BUYER (if the invoice of the product to be returned was issued to a corporate entity, it must be sent, when returning the item, together with the return invoice issued by that entity. Returns of orders invoiced to corporate entities cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total price and any documents placing the BUYER under a debt obligation to the BUYER no later than 10 days from the date the notice of withdrawal reaches it, and to collect the goods back within a period of 20 days.
e) Should the value of the goods decrease for a reason attributable to the BUYER's fault, or should the return become impossible, the BUYER shall be obliged to indemnify the SELLER's losses to the extent of its fault. However, the BUYER shall not be liable for any changes or deterioration arising, within the withdrawal period, from the proper use of the goods or product.
f) Should the exercise of the right of withdrawal cause the amount to fall below the campaign limit set by the SELLER, the discount amount benefited from under the campaign shall be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared at the BUYER's request or expressly in line with its personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up products, single-use products, goods at risk of rapid spoilage or with a likelihood of their expiry date passing; products whose return, once the packaging has been opened by the BUYER after delivery, is not appropriate on health and hygiene grounds; products which, after delivery, become mixed with other products and cannot, by their nature, be separated; goods relating to periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed instantly in an 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, and computer consumables whose packaging has been opened by the BUYER, may not be returned pursuant to the Regulation. Furthermore, the exercise of the right of withdrawal in respect of services whose performance has begun, with the consumer's approval, before the withdrawal period has expired is likewise not possible under the Regulation.
For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untried, unspoiled, and unused.
In addition, the return of silk shawls, scarves, and voile products that come into direct contact with the skin and face is accepted only on the condition that they are strictly unused, unwashed, and their shape unimpaired. The return of products bearing perfume, body odour, make-up, or water stains, or from which the original brand label has been removed, is not accepted under the Regulation, on account of health/hygiene rules and the consequent loss of the product's resaleability.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
Should the BUYER default where payment has been made by credit card, it accepts, declares, and undertakes that it will pay interest under the credit card agreement between it and the card-issuing bank, and that it will be liable to the bank. In such case, the relevant bank may resort to legal action, may claim from the BUYER any costs and attorney's fees that arise, and, in any event, should the BUYER default on its debt, the BUYER accepts, declares, and undertakes that it will pay the SELLER's losses and damages arising from the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be submitted, within the monetary limits set out in the law below, to the consumer arbitration committee or the consumer court of the place where the consumer resides or where the consumer transaction took place. Information on the monetary limit is set out below:
Effective as of 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes valued below TL 2,000.00 (two thousand) shall be submitted to the district consumer arbitration committees,
b) Disputes valued below TL 3,000.00 (three thousand) shall be submitted to the provincial consumer arbitration committees,
c) In provinces with metropolitan municipality status, disputes valued between TL 2,000.00 (two thousand) and TL 3,000.00 (three thousand) shall be submitted to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. VALIDITY
Once the BUYER makes payment for the order placed through the Site, it shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain, prior to completion of the order, confirmation that this agreement has been read and accepted by the BUYER on the site.
SELLER:
BUYER:
DATE:
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