Distance Sales Contract

SELLER INFORMATION

TITLE : Buse Scarves and Textile Industry and Trade Ltd. Co.

ADDRESS: None Çakmakçılar Hill No:37
Interior Door No: 00/Istanbul

TRADE REGISTRY DIRECTORATE: Istanbul Trade Registry Directorate

TRADE REGISTRY NUMBER: 452876-0

CENTRAL REGISTRY NUMBER: 0191-0196-4290-0001

SELLER CONTACT INFORMATION

PHONE: 0 533 196 11 97

FAX : _____________

CUSTOMER SERVICE NO: _____________

ELECTRONIC MAIL: iletisim@emproyal.com

REGISTERED ELECTRONIC MAIL

(KEP) ADDRESS: .............@ hs01.kep.tr

Within the scope of this Agreement, Buse Scarves and Textile Industry and Trade Limited Company will be referred to as the SELLER.

BUYER INFORMATION

NAME/SURNAME/TITLE: ………………….

ADDRESS :…………………..

TELEPHONE :…………………..

EMAIL :………………………..

Herein will be referred to as the BUYER within the scope of this Agreement.

1. ARTICLE: SUBJECT OF THE CONTRACT

The Distance Selling Contract aims to regulate the rights and obligations of the parties within the scope of the sale of goods or services to be made by the SELLER to the BUYER, within the framework of the regulations in the Law No. 6502 on the Protection of Consumers, the Distance Contracts Regulation prepared based on this Law and the Regulation on Amendments to the Distance Contracts Regulation.

This Agreement is VALID WITH ALL ITS PROVISIONS IN CASE OF transactions falling within the scope of the Law on Consumer Protection No. 6502 and in cases where the BUYER HAS THE TITLE OF "CONSUMER" as defined in Article 3 of the same Law as a real or legal person acting for non-commercial or non-professional purposes and FALLS WITHIN THIS SCOPE. However, in cases where the BUYER is a "MERCHANT" within the framework of the Turkish Commercial Code and other relevant legislation and PURCHASES THE PRODUCT, which is the subject of the agreement, FOR COMMERCIAL or PROFESSIONAL PURPOSES, the BUYER cannot benefit from the rights and opportunities related to consumers.

2. ARTICLE: BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT AND SALES PRICE

The name, type, quantity, sales price and similar basic characteristics of the product subject to the contract are stated below. The sales price in all kinds of campaigns, discounts and similar applications is valid until the end of the period announced in relation to them. The BUYER declares and accepts that he/she has ordered the product by examining the detailed information, descriptions and features of the product on the SELLER's website, having the necessary information and reading the Preliminary Information Form before assuming the payment obligation, confirming that he/she has been informed about all these matters electronically.

 

Product name and Basic Features Quantity Installment Total Amount (TL) ……………………………… ……….. VAT ............ Shipping Fee............ Grand Total .......

 

3. ARTICLE: PAYMENT METHOD

 

Sales Price (TL including VAT) Payment Method ……….……………….. ........................

 

4. ARTICLE: INVOICE INFORMATION

 

Name/Surname/Title :……………………………………... Billing Address :…………………………….. Telephone :……………………………… Email and username :…………………………………….

 

The invoice is delivered with the order. If the invoice information provided by the BUYER belongs to a person other than the BUYER, the BUYER is responsible for all the information he/she has provided and approved.

 

5. ARTICLE: SHIPPING COSTS

In general, and unless otherwise agreed upon, delivery costs belong to the BUYER. If the SELLER has declared that it will undertake all or part of the transportation costs for a limited period, such as the implementation of a campaign, or in the presence of some special conditions, this situation is valid until the end of the period specified in the announcement or in the presence of the specified special conditions.

In order to protect his/her legal rights, the BUYER is responsible for checking the product upon receipt and having the cargo company draw up a report if he/she detects any broken, torn, damaged, defective products or any problems arising from the cargo during delivery.

Information regarding shipping costs is notified to the BUYER via the website by the SELLER before the order is approved and the BUYER becomes liable for payment. For this reason, the BUYER declares and accepts that he/she has placed the order by paying attention to the shipping costs notified to him/her before becoming liable for payment.

6. ARTICLE: DELIVERY AND PERFORMANCE

The delivery period foreseen for the order is 1 to 3 business days. Except for contracts regarding goods prepared in accordance with the BUYER's request or personal needs, this period cannot exceed 30 days in any case in the sale of goods. Delivery is made to the BUYER's address stated above, to the BUYER or to the person or organization indicated by the BUYER. In case of non-delivery within this period, the BUYER has the right to terminate the contract. The SELLER is responsible for the delivery of the product in a sound, complete manner, in accordance with the specifications specified in the order and together with the warranty documents and instructions for use, if any.

SELLER is responsible for any losses and damages that occur until the goods are delivered to the BUYER or to a third party determined by the BUYER other than the carrier.

If the BUYER requests the goods to be sent with a carrier other than the one announced by the SELLER on the site, the SELLER is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier. In addition, if the BUYER requests the goods to be sent with a carrier other than the one determined by the SELLER, the shipping costs will be the responsibility of the BUYER.

Delivery of the goods by the SELLER to the carrier is not considered as delivery to the BUYER.

The SELLER's obligation to deliver the product is subject to the electronic approval of this contract and the BUYER's payment of the product price. If for any reason the contract is not approved electronically, the product price is not paid or the payment is cancelled in the bank records, the SELLER is relieved of its obligation to deliver the product.

If the BUYER requests the delivery of the contracted product to a third party other than himself and this third party does not accept the delivery, the SELLER cannot be held responsible.

7. ARTICLE: RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

The right of withdrawal period starts on the day the contract is established for contracts related to the performance of services; and on the day the BUYER or a third party determined by the BUYER receives the goods for contracts related to the delivery of goods. However, the BUYER may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

In determining the period of the right of withdrawal;

1. For goods that are subject to a single order and delivered separately, the day the BUYER or a third party determined by the BUYER receives the last goods,
2. For goods consisting of more than one piece, the day the BUYER or a third party determined by the BUYER receives the last piece,
3. In contracts where the goods are delivered regularly for a certain period of time, the day on which the BUYER or a third party determined by the BUYER receives the first goods is taken into account.

In contracts where delivery of goods and performance of services are made together, the provisions regarding the right of withdrawal regarding the delivery of goods apply.

Notification of withdrawal, within the period of the right of withdrawal;

1. Through the Withdrawal Form on the SELLER's website or
2. A clear statement of the decision to withdraw may be sent in writing to the SELLER's address shown in this Agreement.

If the BUYER is given the right of withdrawal via the website, the SELLER immediately sends the BUYER confirmation that the BUYER's withdrawal request has been received.

The BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Otherwise, the BUYER is responsible for the decrease in the value of the product.

The SELLER shall refund all payments collected, including the delivery costs of the goods to the BUYER, if any, within fourteen days from the date on which the goods subject to the right of withdrawal are delivered to the carrier specified below for return. However, if the BUYER returns the goods with a carrier other than the one specified for return, the refund of payment shall be made within fourteen days from the date on which the goods reach the SELLER.
In case the right of withdrawal is exercised before the delivery of the goods, the SELLER shall refund all payments collected, including the delivery costs of the goods to the BUYER, if any, within fourteen days from the date on which the notification of the exercise of the right of withdrawal reaches the SELLER.

In contracts regarding the performance of services, this period begins on the date on which the notification of the exercise of the right of withdrawal reaches the SELLER.

SELLER shall make all the above-mentioned refunds in a single payment in accordance with the payment method used by the BUYER during the purchase and without imposing any other expense or liability on the BUYER, provided that the BUYER's obligation to cover the return cost stated in the preliminary information and the foreseen carrier is reserved.

If the payment is made by credit card, the card issuing institutions within the scope of the Banking Cards and Credit Cards Law No. 5464 are obliged to add the amount transferred by the SELLER to the card holder's available limit in one go, after it reaches them. In such cases, the time it takes for these institutions to add the amount transferred by the SELLER to the BUYER's limit is not the SELLER's responsibility.

The BUYER must send the goods back to the SELLER within 14 days from the date of notification of exercising the right of withdrawal.

In case of exercising the right of withdrawal, the carrier specified by the SELLER for the return is MNG Cargo . In case the goods are returned through this cargo company within the scope of the right of withdrawal, the BUYER is obliged to cover the return expense of ……….... If the specified cargo company does not have a branch in the location of the BUYER, the BUYER may send the goods he/she wants to return to the SELLER through any cargo company that has a branch in the location of the BUYER, without paying the return expense, with a cash payment. However, if the specified cargo company has a branch in the location of the BUYER and the goods are returned with a carrier other than this cargo company, the BUYER is obliged to cover the return expenses. If the BUYER requests, the return expense may be deducted from the cost of the goods or services to be returned to him/her and the delivery expenses. However, if the goods delivered to the BUYER are defective within the scope of Article 8 of the Consumer Protection Law, the BUYER shall not be held responsible for the expenses related to the return.

Any return must be made with the product invoice, the original box and packaging of the product, and any accessories and accessories. If the invoice for the product to be returned is for a legal entity acting for non-commercial or non-professional purposes, the relevant legal entity must issue a return invoice and send it to the SELLER together with the product in order for the return process to be completed.

If the campaign, discount or advantage limit amount is dropped due to the use of the right of withdrawal, the campaign, discount or advantage applied by the SELLER will be cancelled.

The right of withdrawal CANNOT be used in the following contracts ;
a) Contracts regarding goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER.
b) Contracts regarding goods prepared in line with the BUYER's requests or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and the return of goods that are not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the BUYER.
h) Contracts regarding services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal.
i) Contracts regarding movable properties that are required to be registered and unmanned aerial vehicles that are required to be registered, in accordance with the Highway Traffic Law No. 2918 dated 13/10/1983.
i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
j) Contracts concluded through live auctions.
k) Contracts regarding the installation or assembly of goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

1. ARTICLE: FORCE MAJEURE

In cases where the fulfillment of the ordered goods or services becomes impossible, the SELLER shall notify the BUYER in writing or via permanent data storage within three days from the date of learning about this situation and shall return all payments collected, including delivery costs, if any, to the BUYER within fourteen days from the date of notification.

9. ARTICLE: TERMINATION OF THE CONTRACT

If the SELLER cannot deliver or perform the ordered goods or services within 30 days, the BUYER may terminate the contract. In the event of termination of the contract, the SELLER shall reimburse the BUYER for all amounts collected, including delivery costs, if any, within fourteen days from the date of receipt of the termination notice, together with legal interest. The BUYER reserves the right of withdrawal.

10. ARTICLE: RESOLUTION METHODS AND LEGAL REMEDIES FOR COMPLAINTS

We kindly ask you to share your complaints and suggestions regarding your orders, the products you order, the cargo and delivery processes of your orders and similar issues with us via the Contact Form on the website. Your complaints will be immediately recorded and evaluated by the authorized units; and you will be informed about the results through the communication channel you prefer.

However, in all disputes regarding the transactions and purchases you will make; the Provincial and District Consumer Arbitration Committees where the consumer transaction is made or where the consumer resides and the Consumer Courts where the consumer transaction is made or where the consumer resides are authorized and competent, which will be determined according to the value declared by the Ministry of Customs and Trade every year.

11. ARTICLE: STORAGE AND ACCESS OF THE CONTRACT TEXT

The Distance Sales Contract and preliminary information form are sent to the e-mail address you provided.

The SELLER stores information and documents related to each transaction regarding its obligations regarding the right of withdrawal, notification, delivery and other matters electronically for three years.

12. ARTICLE: OTHER PROVISIONS

12.1. This Agreement becomes valid if approved electronically by the BUYER.

12.2. Persons under the age of 18 and persons who lack or have limited discretion cannot shop on the website. By confirming this contract electronically, the BUYER confirms, declares and undertakes that he/she is over the age of 18, has the power of discretion and is not restricted in any way.

12.3. BUYER declares and accepts that he/she has examined the basic characteristics, detailed information, descriptions and features of the contractual product on the website, the information regarding the sales price, payment method and delivery; all conditions and descriptions written on the website and also the Preliminary Information Form regarding these, has been informed and is informed about all these matters. BUYER has accepted and declared that he/she is aware of the content of the Preliminary Information Form and has given the necessary confirmation before the establishment of the Distance Sales Contract by confirming the Preliminary Information Form electronically.

12.4. By accepting this Distance Selling Contract, the BUYER declares and accepts, by electronically confirming, that the order he/she has placed means a payment obligation; that he/she will be obliged to pay the prices written in this Distance Selling Contract and that he/she has been informed about this matter through the Preliminary Information Form.

12.5. Payment can be made by credit card, via Money Order/EFT or other payment methods announced on the website, if any. If the BUYER prefers to make the purchase by credit card, the credit card and necessary information are transferred to the relevant payment institution without being recorded by the SELLER.

12.6. In installment transactions, the relevant provisions of the contract in force between the cardholder and the card issuing institutions within the scope of the Banking Cards and Credit Cards Law No. 5464 shall apply. The BUYER accepts, declares and undertakes that the provisions of the Credit Card Contract concluded with these institutions shall be applied. The SELLER has no responsibility in these matters.

12.7. If the bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the card/account information by unauthorized persons after the product has been delivered to the BUYER, the BUYER is obliged to return the product he/she received to the SELLER within fourteen days. The SELLER does not cover the shipping costs in this case.

 

SELLER: Buse Scarves and Textile Industry and Trade Limited Company

BUYER :………………………….

HISTORY :…………………………..