Distant Sales Contract
This Contract has been signed between the following parties under the following terms and conditions.
A.‘BUYER’ ; (hereinafter referred to as "BUYER" in this contract)
B.‘MY LOVE BOUTIQUE’ ; (hereinafter referred to as "SELLER" in this contract)
By accepting this contract, the BUYER agrees in advance to be liable to pay the order amount and if any, additional charges such as shipping fee and tax, and that they have been informed on this subject, if the order subject to the contract is approved.
In the application and interpretation of this contract, the following terms shall express the relevant written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distant Contracts (OG: 27.11.2014 / 29188)
SERVICE: The issue of any kind of consumer transaction other than the supplying of goods made or undertaken in exchange of a fee or benefit,
SELLER: The company that offers goods or services or that acts on behalf of the seller of goods within the context of its commercial or professional activities,
PURCHASER: 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,
ORDERER: Real or legal person who requests a goods or service through the website of the SELLER,
PARTIES: SELLER AND BUYER,
CONTRACT: This contract between the SELLER and the BUYER,
GOODS: The portable article and the software, sound, image and similar intangible goods prepared for use in electronic media subject to transaction.
This Contract regulates the rights and obligations of the parties with regards to the sale and delivery of the order (details and price of which are given below), placed by the BUYER via the website of the SELLER on electronic media, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distant Contracts.
The prices listed and declared on the website are the sale prices. The listed prices and pledges are valid until updated and modified. The temporary prices announced are valid until the end of the specified period.
4. SELLER INFORMATION
Address: Sinanpaşa, Hasfırın cad. No:65 Beşiktaş/ISTANBUL
Phone: 0850 307 23 62
E-mail: [email protected]
5. BUYER INFORMATION
Name of Recipient:
6. ORDERER INFORMATION
7. INFORMATION OF PRODUCT(S) SUBJECT TO CONTRACT
7.1. Basic properties (type, amount, brand/model, color, quantity) of the goods/product(s)/service are published on the SELLER’s website. In the case of a temporary discount implemented by the SELLER, you may view the basic properties of the relevant product during the sale. Valid until offer date.
7.2. The prices listed and declared on the website are the sale prices. The listed prices and pledges are valid until updated and modified. The temporary prices announced are valid until the end of the specified period.
7.3. The selling price of the goods or service subject to this contract including all taxes is shown below.
Subtotal (VAT Included):
Payment Method and Plan
Name of Recipient:
7.4. The shipping fee, which is the delivery cost of the product, shall be paid by the BUYER.
8. BILLING INFORMATION
Delivery of invoice: The invoice shall be delivered along with the order to the invoice adress at time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER agrees, declares and commits to have read the preliminary information and be informed about the basic qualifications, sales price, payment method and delivery of the products on the website of SELLER that are subject to this contract and to have given the necessary approval in electronic environment. By approving the preliminary information in electronic environment, the BUYER confirms that they have accurately and completely obtained the information that shall be supplied by the SELLER regarding address, basic features of the products ordered, product prices including tax, payment and delivery information.
9.2. Each item subject to this conract shall be delivered to the BUYER or to the person and/or organization in the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the address of the BUYER, not exceeding the legal period of 30 days. In the event of the product not being delivered to the BUYER within this period, the BUYER reserves the right to annul the contract.
9.3. The SELLER agrees, declares and commits to delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any; performing the action in a sound manner in accordance with standarts and within principles of righteousness and honesty, preserving and improving the service quality; paying necessary attention and care while performing of the action and acting with caution and providence.
9.4. The SELLER may supply a different product at the same quality and price to the Consumer before the contractual performance obligation expires, under the condition that the SELLER informs the BUYER and the BUYER openly agrees.
9.5. In the event of the SELLER not fulfilling their obligations subject to the contract as a result of the product or service subject to the order becoming unavailable, the SELLER agrees, declares and commits to informing the consumer with a written notification within 3 days starting from the date of learning the situation and refunding the total sum to the BUYER within a period of 14 days.
9.6. The BUYER agrees, declares and commits to accepting this contract on electronic environment for the delivery of the product and understants that in the event of the fee of the product subject to the contract not being paid and/or being cancelled on bank records for any reason, SELLER’s obligation to deliver the product shall be terminated.
9.7. In the event of the credit card of the BUYER being used unlawfully by unauthorized persons after the delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER, and the related bank or financial institution not paying the price of the product subject to the contract to the SELLER; the BUYER agrees, declares and commits to shipping the product subject to the contract to the SELLER within 3 days, with the delivery costs covered by the SELLER.
9.8. In the event of the SELLER not being 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 contract, SELLER agrees, declares and commits to notifying the BUYER of failure of delivery. In such a case, BUYER hold the right to either cancel the order, replace the product subject to the contract with the equivalent product if available, or postpone the delivery of the product until the end of the relevant force majeure event. In the event of cancellation of the order by BUYER, the paid amount shall be returned to the BUYER in cash and in a single payment within 14 days if the payment was made in cash. For payments by the BUYER with a credit card, the product fee shall be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER agrees, declares and commits to being informed that the average duration for the transfer of the returned amount to BUYER’s account may be between 2 to 3 weeks and because the period between the return to the bank and the appearance in BUYER’s account of said amount is entirely a banking process, not to holding the SELLER liable for any delay.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by means of mail, e-mail, SMS, telephone call or others via the address, e-mail, fixed or mobile phone and other contact information as indicated during registration to the website or later updated by the BUYER. By agreeing to this contract, the BUYER accepts and declares that the SELLER is given permission to reach them via the communication methods indicated above.
9.10. The BUYER shall examine the goods/services before accepting and shall not accept defective and damaged goods/services such as crushed and broken products and those whose package has been torn, from the delivery company. The goods/services accepted by the BUYER shall be deemed to be undamaged and intact. The BUYER shall be responsible for conserving the goods/service with care after the delivery. The goods/service shall not be used if the right of withdrawal is to be used. The invoice shall be returned.
9.11. In the case of BUYER and the holder of the credit card during the placement of the order being different persons or in cases where, before the delivery of the product/service to the BUYER a security gap has been identified regarding the credit card used, the SELLER is allowed to request from the BUYER the ID and contact information of the card holder, the credit card statement for the previous month or submission of a letter from the bank of the card holder confirming that the card belongs to the holder thereof. The order shall be suspended until the time that the BUYER provides such information/documents as requested where the SELLER shall hold the right to cancel the order unless such requests specified above have been satisfied within 24 hours.
9.12. The BUYER agrees, declares and guarantees the personal and other information it has provided during registration on the website of the SELLER to be accurate and that they shall compensate any damages the SELLER has incurred as a result of inaccuracy of such information immediately, in cash and in a single payment.
9.13. The BUYER agrees and commits in advance to acting in observance of legal provisions, which they shall not breach throughout their use of the website of the SELLER. Any and all legal as well as penal liabilities to arise otherwise shall be binding entirely and exclusively on the BUYER.
9.14. The BUYER shall in no way make use of the website of the SELLER in a way that disrupts public order, contradicts general morals, that is disturbing and provokative for others, that is for illegal purposes or in a way that violates others' material and spiritual rights. Furthermore, they shall not perform any tasks that prevents or hampers other members' use of services such as spam, viruses or Trojan, etc.
9.15. Links can be placed on the website of the SELLER to other websites and/or other contents that are not under the SELLER’s control and/or owned and/or operated by third parties. These links are placed with the purpose to facilitate BUYER's orientation and shall not support such linked websites nor the operators thereof nor it shall be construed as any guarantee regarding the information contained in the linked website.
9.16. The member to violate one or more of the provisions provided in this contract shall be personally responsible for such violation in both legal and penal terms, which shall hold the SELLER harmless against legal and penal consequences thereof. Furthermore, in cases where said violations lead to litigation, the right of the SELLER against such member to request damages for non-observance of the membership contract shall be reserved.
10. RIGHT OF WITHDRAWAL
10.1. If the distant contract is concerning a sales of goods, the BUYER may use their right of withdrawal by rejecting the product without undertaking any penal or legal responsibility and without showing any reason within 14 (fourteen) days starting from the date of delivery of the product to themselves or the person/institution at the address they specified, with the condition of notifying the SELLER. For the cases where the distant contract is concerning a use of service, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised for contracts concerning a service when the application of the service has been initiated with the approval of the consumer. Expenses rising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees to being notified in advance on the subject of the right of withdrawal.
10.2. In order to use the right of withdrawal, the SELLER must be notified within 14 (fourteen) days by written notice, by registered mail, fax or e-mail addressed and the product should not have been used under the provisions of “Products without the right of withdrawal”. Following terms apply to the use of the right of withdrawal:
a) Invoice of the goods delivered to a third party or to the BUYER, (In cases where the invoice is a corporate invoice, the return should be made with a return invoice issued by the returning institution. Returned orders the invoices of which have been issued in the name of institutions shall not be processed to completion unless a RETURN INVOICE has been issued)
b) Return form,
c) and the products to be returned shall be delivered complete and undamaged along with their boxes, packages and standard accessories if available
d) The SELLER shall be liable to return to the BUYER the total amount and any and all papers that obligate the BUYER, within 10 days at the latest from the date of receiving the withdrawal notice and to accept the return of the goods within 20 days.
e) If there is a reduction in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER in the amount of their defect. However, the BUYER shall not be liable for any alteration or deterioration due to the proper use of the goods or products within the period of the right of withdrawal.
f) If the right of withdrawal is used, the discount amount used within the scope of a campaign will be cancelled if it falls below the campaign limit amount set by the SELLER.
11. PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL
Underwear undergarments, swimwear and bikini bottoms, make-up products, disposable products, products that are in danger of deterioration or are likely to exceed the expiration date, prepared according to the BUYER's request or explicit personal needs. Products that are not suitable for health and hygiene, if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, Goods related to periodical publications such as newspapers and magazines, except those provided under the Subscription Agreement, The return of the services or intangible goods delivered to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, packaging is not possible as per the Regulation. In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have started with the approval of the consumer.
For the return of cosmetics and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be possible, the products should be unopened, untested, intact and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares and commits to, paying interest and being liable against the bank within the framework of the credit card agreement between the bank and the card holder, if they default in cases where it has charged the payment on their credit card. In this case, the bank concerned may resort to legal remedies, may request the BUYER to cover counsel fees and under any condition, the BUYER agrees, declares and commits to covering any and all damages the SELLER has incurred as a result fo late performance of such obligation due to BUYER’s default on their debt.
13. COURT OF VENUE
In case of disputes arising from this contract, complaints and objections shall be made either to the Arbitration Committees of the Consumer Problems in the settlement of the consumer or the Consumer Courts, depending on the monetary limits given above:
Starting from 01/01/2017 and during the year 2017, for applications to consumer arbitration committees:
a) for disputes under 2.400 (two thousand and four hundred) Turkish Liras, the provincial consumer arbitration committees
b) for disputes between 2.400 (two thousand and four hundred) and 3.610 (three thousand six hundred and ten) Turkish Liras in cities with metropolitan status, the provincial consumer arbitration committees;
c) for disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in city centers without metropolitan status, the provincial consumer arbitration committees;
ç) for disputes between 2.400 (two thousand and four hundred) and 3.610 (three thousand six hundred and ten) Turkish Liras in districts of cities without metropolitan status, the provincial consumer arbitration committees;
shall be responsible.
This Contract is made with commercial purposes.
The BUYER is deemed to approve all the terms of this contract upon realizing the payment for the order via the website. The SELLER is responsible for making the software arrangements to ensure this contract is approved to be read and accepted by the BUYER before the realization of the order.
SELLER: MY LOVE BOUTIQUE