DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.

'BUYER' ; (hereinafter referred to as "BUYER" in the contract)

NAME SURNAME:
ADDRESS:

'SELLER' ; (hereinafter referred to as "SELLER" in the contract)

NAME SURNAME:
ADDRESS:

By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, it will be under the obligation to pay the price subject to the order and, if any, additional charges such as shipping fee, tax, and that it has been informed about it.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall refer to the written explanations against them.

MINISTER: Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)

SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,

SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on its behalf or account,

BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,

PARTIES: SELLER and BUYER,

AGREEMENT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER.

The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

4. SELLER INFORMATION

Title BİRCAN SİVRİKAYA VENTİUP TEKSTİL TİCARET


Address: NİŞANTAŞI MEŞRUTİYET MAH. VALIKONAĞI CAD. HACIMANSUR SOK. EE APT. 4/4 ŞİŞLİ / İSTANBUL


Telephone: 0507 611 33 05


Email: 0507 611 33 05

5. BUYER INFORMATION

The person to be delivered
Delivery address
Telephone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

1. The basic features (type, quantity, brand / model, color, number) of the good / product / products / service are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product description

Piece

Unit price

Subtotal
(VAT included)

Shipping Amount

Total:

Payment Method and Plan

Delivery address

Person to be delivered

Billing address

Order date

Delivery date

Delivery method

7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: During invoice order delivery, together with the order to the invoice address
It will be delivered.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER and gives the necessary confirmation electronically. BUYER's; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed. .

9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. 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 shall deliver the product subject to the contract in full, in accordance with the specifications specified in the order, and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work within the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER, if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER. It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure such as the occurrence of force majeure, such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts. The BUYER also has the right to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is eliminated. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the product amount is paid to him in cash and in one lump sum within 14 days. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER can engage in the above mentioned communication activities.
9.10. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. Careful protection of 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. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands 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 given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of such information, immediately, in cash and once upon the first notification of the SELLER.

9.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, it cannot be involved in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for other members 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 given over the website of the SELLER. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
10. RIGHT OF WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of goods, the product can use the right to withdraw from the contract by refusing the product without any legal or criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the delivery date to the person / organization at the address indicated. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail 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 contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods 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 losses at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.

f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

 

11. CAYMA HAKKI KULLANILAMAYACAK ÜRÜNLER

ALICI’nın isteği veya açıkça kişisel ihtiyaçları doğrultusunda hazırlanan ve geri gönderilmeye müsait olmayan, iç giyim alt parçaları, mayo ve bikini altları, makyaj malzemeleri, tek kullanımlık ürünler, çabuk bozulma tehlikesi olan veya son kullanma tarihi geçme ihtimali olan mallar, ALICI’ya teslim edilmesinin ardından ALICI tarafından ambalajı açıldığı takdirde iade edilmesi sağlık ve hijyen açısından uygun olmayan ürünler, teslim edildikten sonra başka ürünlerle karışan vedoğası gereği ayrıştırılması mümkün olmayan ürünler, Abonelik sözleşmesi kapsamında sağlananlar dışında, gazete ve dergi gibi süreli yayınlara ilişkin mallar, Elektronik ortamda anında ifa edilen hizmetler veya tüketiciye anında teslim edilen gayrimaddi mallar,ile ses veya görüntü kayıtlarının, kitap, dijital içerik, yazılım programlarının, veri kaydedebilme ve veri depolama cihazlarının, bilgisayar sarf malzemelerinin, ambalajının ALICI tarafından açılmış olması halinde iadesi Yönetmelik gereği mümkün değildir. Ayrıca Cayma hakkı süresi sona ermeden önce, tüketicinin onayı ile ifasına başlanan hizmetlere ilişkin cayma hakkının kullanılması daYönetmelik gereği mümkün değildir.

Kozmetik ve kişisel bakım ürünleri, iç giyim ürünleri, mayo, bikini, kitap, kopyalanabilir yazılım ve programlar, DVD, VCD, CD ve kasetler ile kırtasiye sarf malzemeleri (toner, kartuş, şerit vb.) iade edilebilmesi için ambalajlarının açılmamış, denenmemiş, bozulmamış ve kullanılmamış olmaları gerekir.

12. TEMERRÜT HALİ VE HUKUKİ SONUÇLARI

ALICI, ödeme işlemlerini kredi kartı ile yaptığı durumda temerrüde düştüğü takdirde, kart sahibi banka ile arasındaki kredi kartı sözleşmesi çerçevesinde faiz ödeyeceğini ve bankaya karşı sorumlu olacağını kabul, beyan ve taahhüt eder. Bu durumda ilgili banka hukuki yollara başvurabilir; doğacak masrafları ve vekâlet ücretini ALICI’dan talep edebilir ve her koşulda ALICI’nın borcundan dolayı temerrüde düşmesi halinde, ALICI, borcun gecikmeli ifasından dolayı SATICI’nın uğradığı zarar ve ziyanını ödeyeceğini kabul, beyan ve taahhüt eder

13. YETKİLİ MAHKEME

İşbu sözleşmeden doğan uyuşmazlıklarda şikayet ve itirazlar, aşağıdaki kanunda belirtilen parasal sınırlar dâhilinde tüketicinin yerleşim yerinin bulunduğu veya tüketici işleminin yapıldığı yerdeki tüketici sorunları hakem heyetine veya tüketici mahkemesine yapılacaktır. Parasal sınıra ilişkin bilgiler aşağıdadır: 

28/05/2014 tarihinden itibaren geçerli olmak üzere:

a) 6502 sayılı Tüketicinin Korunması Hakkında Kanun’un 68. Maddesi gereği değeri 2.000,00 (ikibin) TL’nin altında olan uyuşmazlıklarda ilçe tüketici hakem heyetlerine,

b) Değeri 3.000,00(üçbin)TL’ nin altında bulunan uyuşmazlıklarda il tüketici hakem heyetlerine,

c) Büyükşehir statüsünde bulunan illerde ise değeri 2.000,00 (ikibin) TL ile 3.000,00(üçbin)TL’ arasındaki uyuşmazlıklarda il tüketici hakem heyetlerine başvuru yapılmaktadır.
İşbu Sözleşme ticari amaçlarla yapılmaktadır.

14. YÜRÜRLÜK

ALICI, Site üzerinden verdiği siparişe ait ödemeyi gerçekleştirdiğinde işbu sözleşmenin tüm şartlarını kabul etmiş sayılır. SATICI, siparişin gerçekleşmesi öncesinde işbu sözleşmenin sitede ALICI tarafından okunup kabul edildiğine dair onay alacak şekilde gerekli yazılımsal düzenlemeleri yapmakla yükümlüdür.

SATICI: BİRCAN SİVRİKAYA VENTİUP TEKSTİL TİCARET

ALICI:

TARİH: