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Distance Sales Agreement
PARTIES
This Agreement has been signed between the following parties under the following terms and conditions.
BUYER: (hereinafter referred to as "BUYER" in the contract)
SELLER: (hereinafter referred to as "SELLER" in the contract)
TRADE NAME: Şeyma Tuna Tekstil Ticaret ve Sanayi Şahıs Şirketi
ADDRESS: Tekeler Mah. 1068 Nolu Sk. A Blok No: 9 İç Kapı No: 3 Adapazarı / Sakarya
By accepting this agreement, the BUYER acknowledges that, if the order is confirmed, the BUYER will be obliged to pay the price of the order and any additional fees such as shipping fee and tax, and that the BUYER has been informed about this matter in advance.
DEFINITIONS
In the implementation and interpretation of this contract, the following terms shall have the following meanings:
- MINISTER: Minister of Commerce,
- MINISTRY: Ministry of Commerce,
- LAW: Law No. 6502 on the Protection of Consumers,
- REGULATION: Regulation on Distance Contracts (RG:27.11.2014/29188),
- SERVICE: Any consumer transaction other than supplying goods that is undertaken in return for a fee or benefit,
- SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the person offering goods,
- BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
- SITE: The SELLER's website,
- ORDER PLACER: A real or legal person requesting a good or service through the SELLER's website,
- PARTIES: SELLER and BUYER,
- CONTRACT: This contract concluded between the SELLER and the BUYER,
- GOODS: Refers to the movable property subject to shopping and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.
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 Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website. The prices listed and advertised on the site are the selling prices. The prices and promises announced are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the specified period.
SELLER INFORMATION
TRADE NAME: Şeyma Tuna Tekstil Ticaret ve Sanayi Şahıs Şirketi
ADDRESS: Tekeler Mah. 1068 Nolu Sk. A Blok No: 9 İç Kapı No: 3 Adapazarı / Sakarya
Email: info@myoshikids.com
BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username (if applicable):
ORDER PLACER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
PRODUCT(S) INFORMATION SUBJECT TO THE CONTRACT
The main features (type, quantity, brand/model, color, quantity) of the good/product(s)/service are published on the SELLER’s website. If the campaign is organized by the SELLER, you can review the main features of the related product during the campaign. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the specified period. The total selling price of the goods or services including all taxes is shown below.
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Fee:
Total:
Payment Method and Plan
Delivery Address:
Recipient:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:
The shipping fee, which is the cost of product shipment, will be paid by the BUYER.
INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during delivery.
GENERAL PROVISIONS
The BUYER declares that they have read and been informed about the essential characteristics, sales price, and payment method of the product subject to the contract, as well as the preliminary information about delivery, on the SELLER's website, and that they have given the necessary confirmation in the electronic environment. The BUYER acknowledges, declares, and undertakes that they have received the address, basic features of the ordered products, prices including taxes, payment and delivery information accurately and completely before the distance sales contract was established.
Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the 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 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with any warranty documents, user manuals, and information and documents required by the job, if applicable, to perform the job in accordance with the principles of integrity and honesty within the framework of the legal regulations, to maintain and improve the service quality, to show the necessary attention and care during the performance of the job, and to act with prudence and foresight.
The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the contractual performance obligation expires.
If the SELLER cannot fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, the SELLER shall inform the consumer in writing within 3 days from the date of becoming aware of this situation and shall return the total amount to the BUYER within 14 days.
The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract and that if the product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will cease.
The BUYER agrees, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons after the delivery of the product subject to the contract, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
The SELLER agrees, declares, and undertakes to notify the BUYER if the SELLER cannot deliver the product subject to the contract within the due period due to force majeure situations such as the occurrence of unforeseen and unavoidable events that prevent or delay the fulfillment of the parties' obligations. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery period until the impediment is removed. If the order is canceled by the BUYER, the amount paid by the BUYER in cash will be refunded to them within 30 days from the cancellation. For payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 30 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of reflecting the amount refunded by the SELLER to the BUYER’s credit card into the BUYER’s account by the bank may take 3 to 4 weeks, and that this process is entirely related to the bank transaction process after the refund to the bank, and that the BUYER cannot hold the SELLER responsible for possible delays.
The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated later by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.
The BUYER will inspect the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The delivered goods/services will be deemed to be undamaged and intact. The obligation to protect 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.
If the person placing the order and the holder of the credit card used during the order are not the same person or a security gap is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the ID and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder stating that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
The BUYER declares and undertakes that the personal and other information provided while signing up for the SELLER's website is true, and that the SELLER will compensate all damages incurred by the SELLER due to the inaccuracy of this information immediately, in cash, and in one installment upon the first notification of the SELLER.
The BUYER undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise will be solely and exclusively binding on the BUYER.
The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
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 provided through the SELLER's website. These links are provided to the BUYER for ease of direction and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
The member who violates one or more of the articles listed in this contract will be personally liable for the legal and penal consequences of such violations and will keep the SELLER harmless from the legal and penal consequences of these violations. Also; the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract if the violation leads to the incident being referred to the legal field.
RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal from the contract by refusing the goods within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated, without assuming any legal or penal liability and without providing any justification, provided that they notify the SELLER. For distance contracts regarding service provision, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that they have been informed about the right of withdrawal.
To use the right of withdrawal, written notification must be sent to the SELLER within 14 (fourteen) days via registered mail, fax, or email, and the product must not have been used under the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. In case of the use of this right:
- The invoice of the product delivered to the 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 institutions cannot be completed unless a RETURN INVOICE is issued.);
- The return form; and
- The products to be returned must be delivered complete and undamaged, along with the box, packaging, and standard accessories, if any.
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days from the receipt of the withdrawal notice and to accept the return of the goods within 30 days.
If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of the BUYER's fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products during the withdrawal period.
In case of a return due to the use of the right of withdrawal, if the campaign limit amount set by the SELLER is exceeded, the discount amount used within the scope of the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The BUYER cannot exercise the right of withdrawal for products prepared in line with the BUYER's wishes or clearly personal needs and which are not suitable for return, underwear bottoms, swimwear, and bikini bottoms, make-up materials, disposable products, perishable or expired products, products whose packaging has been opened by the BUYER after delivery and cannot be returned for health and hygiene reasons, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in 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, computer consumables if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services that have been started with the consumer's approval before the end of the withdrawal period as per the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused to be returned.
DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares, and undertakes that if they go into default in their credit card transactions, they will pay interest under the credit card agreement between the cardholder bank and the BUYER and will be liable to the bank. In this case, the relevant bank may take legal action; the BUYER may be charged legal fees and attorney fees, and in any case, if the BUYER goes into default due to their debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damages and losses incurred due to the delayed performance of the debt.
AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration committee or the consumer court where the consumer's residence is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is determined by the applicable legislation.
This Agreement is made for commercial purposes.
EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER:
BUYER:
DATE:
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