DISTANCE SALE AGREEMENT
This Agreement has been signed between BUYER and SELLER under the following terms and conditions. By accepting this agreement and approving the purchase order, BUYER agrees in advance to be liable to pay the additional charges such as the price of the order, delivery costs and applicable tax.
ARTICLE 1 – PARTIES
Name/Title: ELA KArdeşler Giyim ve PAzarlama Ltd. Şti
Address: Esentepe Mahallesi Kasap Sokak Altınay İş Merkezi No:8-10 İç Kapı No:4 Şişli-İstanbul/Türkiye
BUYER AND RECIPIENT
ARTICLE 2 – SUBJECT MATTER OF THE AGREEMENT
This agreement governs the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumer No.6502 and Regulation on Distance Agreements related to the sale and delivery of the product(s) subject to the order and sales price, which BUYER has ordered in electronic environment on SELLER’s website.
BUYER accepts and declares that they have the information about the main features, sale price, payment method, conditions of delivery and right to “withdraw” regarding the product(s) subject to sale, that they confirmed the preliminary information in electronic environment and then ordered the product(s) in accordance with the provisions of this agreement.
ARTICLE 3 – DETAILS OF THE PRODUCTS
3.1 Main features of the product(s) are published on SELLER’s website. If there is a campaign, BUYER can review the main features of the relevant product during the campaign. Campaigns are only valid until their applicable expiry date.
3.2 Price of the ordered product(s) including applicable tax is shown below.
|Product Description||Quantity||Unit Price|| Subtotal|
3.3 Delivery cost, which is the product shipping cost, will be paid by BUYER.
ARTICLE 4 – INVOICE DETAILS
Invoice delivery: Invoice will be delivered to the invoice address with the delivery of the order.
ARTICLE 5- GENERAL TERMS
- BUYER acknowledges and agrees to have read and fully understood the preliminary information from the Website regarding main features of the product(s), sale price, payment methods and delivery of the product(s) and has approved them electronically.
- The product(s) subject to this agreement shall be delivered to BUYER or RECIPIENT at the address provided by BUYER within the period as prescribed in the preliminary information depending on the distance of BUYER provided that such period shall not exceed the 30-days legal delivery period. BUYER has the right to terminate the agreement if the product(s) is not delivered within such period.
- Although SELLER uses its best efforts to daily update the list of available products, it is possible that the product(s) is not available in the stocks. In such cases, SELLER will inform BUYER.
- SELLER must deliver the product fully, completely and having the qualities described in the order.
- SELLER may supply product(s) at the same quality and price provided to inform and obtain approval from BUYER before the expiry of its performance period under the agreement.
- If it becomes impossible to deliver the product(s) subject to the order, SELLER shall notify BUYER within 3 (three) days from the date SELLER finds out about the impossibility and shall return the collected amount to BUYER within 14 (fourteen) days.
- BUYER acknowledges and accepts that this agreement must be electronically confirmed for delivery of the product(s) subject to the order and if the product(s) price is not paid or is cancelled in the bank records for any reason, SELLER shall be released from its obligation to deliver the product(s).
- If the relevant bank or financing institution does not pay the price of the products to SELLER due to any unfair or illegal use of the credit cards after the delivery of the product(s), BUYER shall return the product to SELLER within 3 (three) days. The delivery fees related to such return shall be borne by SELLER.
- If SELLER is not able to deliver the product(s) within due time due to force majeure events that are out of the control of the parties and are not foreseeable and prevents or delays performance of the obligations under this Agreement, SELLER will notify BUYER of failure of delivery. In such a case, BUYER may choose any of the followings: (i) cancel the order, (ii) replace the product(s) with the equivalent product(s), and/or (iii) postpone the delivery of the products until the end of the relevant force majeure event.
In the event of cancellation of the order by BUYER:
(i) if the payment was made in cash, the paid amount shall be returned to BUYER in cash within 14 (fourteen) days.
(ii) if the payment was made by credit card, the collected amount shall be returned to the relevant bank within 14 (fourteen) days. BUYER acknowledges and accepts that the transfer of the returned amount to BUYER’s account may take between two to three weeks according to the banking process and that SELLER shall not be liable for any delay related to the banking process.
- SELLER can contact BUYER regarding the order via contact details mentioned in the Agreement.
- BUYER shall inspect the product(s) subject to order before accepting the delivery. BUYER shall not accept delivery of the product(s) that is damaged, defective or broken or with damaged packaging etc. from the delivery company. Products that BUYER accepted the delivery of shall be considered without defect. It is BUYER’s responsibility to use the product with care following the delivery. If BUYER will use right to withdrawal from the agreement, the product shall not be used. Invoice must be returned.
- Sales on this Website are addressed to consumers as retail sales. SELLER reserves the right to cancel the agreement and not to deliver the product(s) ff SELLER suspects that BUYER’s intention is to resell the product(s).
ARTICLE 6 – RIGHT TO WITHDRAW
- BUYER has a right to withdraw from the agreement with no reason within 14 (fourteen) days as of the delivery date of the product to BUYER or RECIPIENT, without any legal or penal liability. Costs associated with the exercise of the right to withdraw will be borne by SELLER. By accepting this Agreement, BUYER accepts that they have been informed regarding the right to withdraw.
- BUYER shall serve a written notification to SELLER within 14 days period and the relevant product shall not be used in accordance with the provisions Article 7.
- SELLER shall return the total amount received to BUYER at the latest within 14 days from the date the withdrawal notification is delivered to SELLER.
- BUYER shall return the product(s) with its package and standard accessories, if any, to SELLER within 10 (ten) days from the withdrawal notification date. If the product invoice was a corporate invoice for a corporate BUYER, a return invoice must be issued and sent.
ARTICLE 7- PRODUCTS FOR WHICH NO RIGHT OF WITHDRAW IS ALLOWED
- Goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the Seller or provider.
- The goods prepared in accordance with the request and personal needs of the customer,
- The delivery of the perishables or the goods of which expiry date is short,
- The delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns,
- Goods which are mixed with other goods and impossible to separate intrinsically,
- Books, digital contents and computer consumable materials which can be offered in the physical environment when their protective element such as package, tape, and seal is opened,
- The delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of an subscription agreement,
- Accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to be completed within a certain date or period,
- Services fulfilled immediately in the electronic environment or incorporeal property that are delivered to the customer immediately,
- Services which are started to be provided before the expiry date of the right to withdraw.
ARTICLE 8- COMPETENT COURT
The Consumer Arbitration Committees and the Consumer Courts located at the place of the BUYER’s domicile or the purchase place of the product(s) shall settle any dispute between the parties related to this agreement pursuant to legal monetary limits.