DISTANCE SALES AGREEMENT
1.
DEFINITIONS
Seller: A
natural or legal person, including public legal entities, who offers goods to a
consumer for commercial or professional purposes, or who acts on behalf of or
for the account of the person offering the goods,
Consumer,
Buyer: A natural or legal person who acts for non-commercial or
non-professional purposes,
Goods/Product:
Movable goods, residential or holiday real estate, and all kinds of intangible
goods prepared for use in electronic environments, such as software, sound,
image, etc., that are the subject of the purchase,
Service:
The subject of any consumer transaction other than the provision of goods,
which is performed or promised to be performed in exchange for a fee or
benefit,
Distance
Contract: Contracts established between the parties using remote communication
tools, within a system created for the remote marketing of goods or services,
without the simultaneous physical presence of the seller and the consumer,
until and including the moment the contract is established,
2. SUBJECT
OF THE AGREEMENT AND PARTIES
2.1 This
agreement is between the BUYER, whose detailed information is given below, This
agreement defines the rights, legal obligations, and responsibilities of the
parties in accordance with the provisions of the Law on Consumer Protection and
the Regulation on Distance Contracts, regarding the sale of products and
services and the delivery of products to the delivery address through the
website www.efdaliatelier.com (hereinafter referred to as the WEBSITE),
operated by the SELLER. In cases not covered by this agreement, the provisions
of the relevant legislation shall apply.
2.2 The
BUYER acknowledges and declares, in accordance with the terms of this
agreement, that they are aware of the basic characteristics of the goods or
services subject to sale, the sales price, the payment method, the delivery
conditions, all preliminary information regarding the goods or services subject
to sale, and the right of withdrawal, that they have confirmed this preliminary
information electronically, and that they subsequently placed an order for the
goods or services. The preliminary information form and invoice located on the
payment page of the website are integral parts of this agreement.
2.3 Seller
Information Title: FULYA ÇOLAK AKARSU E-TİCARET İÇ VE DIŞ TİCARET LTD.ŞTİ.
Address: Karabaş Mahallesi Cebesoy Sokak No:13 Apartment:4 İzmit/KOCAELİ/
TURKEY Phone Number: +90 507 687 90 78 MERSİS Number 0388190580300001
2.4 Buyer
Information Name Surname/Title: Address: Phone Number: Email address:
3. SUBJECT
OF THE AGREEMENT PRODUCTS AND SERVICES Product/Service: Clothes Hanger
Product/Service Detail: Personalized Handmade Clothes Hanger (Adult, child,
baby size) Product/Service Quantity Total VAT: Product Delivery/Shipping Fee:
Total Amount Including VAT
4.
DELIVERY
4.1 In
service sales via the website, performance and delivery are carried out
immediately depending on the nature of the service. In such a case, the invoice
is sent to the buyer via a permanent data storage medium. 4.2 For product sales
via the website, the product will be delivered to the delivery address
specified by the buyer on the website or to the person/institution at the
address they have designated, along with the invoice, within a maximum of 30
days. If this obligation is not fulfilled, the buyer may terminate the
contract. In case of termination of the contract, the seller will refund all
payments received to the buyer within 14 days from the date of receipt of the
termination notice. 4.3 In cases where it becomes impossible to fulfill the order
for the goods or services, the seller will notify the buyer via a durable data
storage medium within three days of learning of this situation and will refund
all payments received, including any delivery costs, within a maximum of
fourteen days from the date of notification. 4.4 The buyer is responsible for
checking the product upon receipt and, if any problems caused by the shipping
company are found, for refusing the product and having a report drawn up by the
shipping company representative. Otherwise, the seller will not accept
responsibility.
5. PAYMENT
METHOD
Payment
Method: Recipient/Institution Name/Title: Recipient/Institution Phone Number:
Delivery Address: Billing Address:
6. GENERAL
PROVISIONS
6.1 The
Buyer acknowledges that they have read and are aware of the basic
characteristics, sales price, payment method, and delivery information of the
products and services shown on the website, and that they have given the
necessary approval electronically.
6.2 The
Seller is responsible for delivering the product subject to the contract
completely, in accordance with the specifications stated in the order, and with
any warranty documents and user manuals, if applicable.
6.3 If the
product or service subject to the contract does not possess the characteristics
required on the website, thus constituting a breach of contract, the buyer may
exercise one of the following options: withdraw from the contract by declaring
their readiness to return the goods; keep the goods and request a discount on
the purchase price proportional to the defect; request free repair of the goods
at the seller's expense, provided it does not require excessive costs; or, if
possible, request replacement with a defect-free equivalent. If the buyer
chooses free repair or replacement with a defect-free equivalent, this request
shall be fulfilled within a maximum of 30 business days from the date the
request is made to the seller. In cases where the buyer chooses to withdraw
from the contract or request a discount proportional to the defect, the entire
amount paid or the amount of the discount shall be immediately refunded to the
buyer. Liability for defective goods is subject to a two-year statute of limitations
from the date of delivery of the goods to the buyer, even if the defect appears
later. If the buyer was aware of the defect at the time the contract was
concluded, or could have been expected to be aware of it, there shall be no
breach of contract. The buyer has the following optional rights against defects
other than those mentioned above.
6.4 If the
buyer fails to pay the product/service price for any reason or if it is
canceled in the bank records, the seller will not be obligated to deliver the
product/service.
7. RIGHT
OF WITHDRAWAL
7.1 The
buyer has the right to withdraw from the contract regarding the sale of
goods/products within 14 days without giving any reason and without paying any
penalty. The right of withdrawal cannot be exercised in sales of services
performed instantly in electronic form or intangible goods delivered instantly
to the buyer.
7.2 Within
the 14-day period, the buyer must deliver the products for which the right of
withdrawal is to be exercised, complete and undamaged, together with their box,
packaging, and standard accessories, if any. The right of withdrawal cannot be
exercised if the product protection tape is removed, damaged, there are missing
parts in the product/accessories, or the products are used or destroyed. 7.3
The buyer's right of withdrawal period begins on the day the contract is
concluded for service contracts; and on the day the buyer or a third party
designated by the buyer receives the goods for product contracts. The buyer may
also exercise the right of withdrawal during the period between the conclusion
of the contract and the delivery of the goods. 7.4 In determining the
withdrawal period; for products that are the subject of a single order but
delivered separately, the day the buyer or a third party designated by the
buyer receives the last product is taken as the basis; for products consisting
of multiple parts, the day the buyer or a third party designated by the buyer
receives the last part is taken as the basis; and for contracts where the
product is delivered regularly over a certain period, the day the buyer or a
third party designated by the buyer receives the first item is taken as the
basis. 7.5 The notification of the exercise of the right of withdrawal must be
sent to the seller via a durable data storage medium before the expiration of
the withdrawal period. You can exercise your right of withdrawal through our
website www.efdaliatelier.com, by calling +90 507 687 90 78, or by emailing
[email protected].
7.6 The
seller will refund all payments received, including any delivery and shipping
costs, within 14 days of receiving notification of the buyer's exercise of
their right of withdrawal. The seller will make all such refunds in a single
payment, in a manner consistent with the payment method used by the buyer
during the purchase, and without imposing any costs or obligations on the
buyer.
7.7 The
buyer must return the goods to the seller within 10 days of sending
notification of their exercise of the right of withdrawal to the seller.
7.8 The
buyer cannot exercise the right of withdrawal in the following contracts:
a)
Contracts relating to goods or services whose price varies depending on
fluctuations in financial markets and is beyond the seller's control.
b)
Contracts relating to goods prepared according to the buyer's requests or
personal needs.
c)
Contracts relating to the delivery of goods that are perishable or whose
expiration date may pass.
d)
Contracts relating to the delivery of goods from which the protective elements
such as packaging, tape, seal, or wrapping have been opened after delivery, and
whose return is not suitable for health and hygiene reasons.
e)
Contracts relating to goods that are mixed with other products after delivery
and whose separation is not possible due to their nature. f) Contracts relating
to books, digital content, and computer consumables presented in a physical
medium if the protective elements such as packaging, tape, seal, or wrapping
have been opened after delivery.
g)
Contracts relating to the delivery of periodicals such as newspapers and
magazines, except those provided under a subscription contract. g) Contracts
relating to accommodation, goods transport, car rental, food and beverage
supply, and leisure activities for entertainment or recreation purposes, which
must be performed on a specific date or during a specific period.
ğ)
Contracts relating to services performed instantly in an electronic environment
or intangible goods delivered instantly to the buyer.
h)
Contracts relating to services whose performance has begun with the buyer's
consent before the expiration of the right of withdrawal period.
8. FORCE
MAJEURE
8.1
Situations that did not exist or could not be foreseen at the time the contract
entered into force, that develop outside the control of the parties, and whose
occurrence makes it impossible for one or both parties to partially or
completely fulfill their obligations and responsibilities under the contract,
or to fulfill them on time, shall be considered force majeure (Natural
disaster, war, terrorism, insurrection, changing legislative provisions,
seizure or strike, lockout, significant malfunction in production and
communication facilities, etc.). The party experiencing the force majeure event
shall notify the other party of the situation as soon as possible. 8.2 The
parties shall not be liable for their inability to perform their obligations
during the continuation of a force majeure event. If the force majeure event
continues for 30 days, each party shall have the right to terminate the
contract unilaterally.
9.
EVIDENCE AGREEMENT
9.1 In the
resolution of any disputes arising from this contract, the seller's records
(including records on magnetic media such as computer and audio recordings)
shall constitute conclusive evidence.
1
0.
COMPETENT COURT IN CASE OF DISPUTE
10.1
Consumer Arbitration Boards shall have jurisdiction up to the value declared by
the Turkish Ministry of Customs and Trade; in cases exceeding this value, the
Consumer Courts and Enforcement Offices in the place of residence of the buyer
and seller shall have jurisdiction.
11.
ACCEPTANCE STATEMENT
11.1 The
Buyer acknowledges and declares that they have read all the terms and
conditions and explanations written in this Agreement and the Preliminary
Information Form, which forms an integral part of this Agreement, on the
Website, that they are aware of the basic features, characteristics, sales
price, payment method, delivery conditions, the seller and all other matters
related to the products/services subject to sale, that they have seen and read
all of them electronically on the website, that they accept the content and
that they have given their approval and acceptance permission electronically by
ordering the products/services and accepting the terms of this Agreement.
12.
EFFECTIVE DATE
The BUYER
is deemed to have accepted all the terms of this agreement when they make the
payment for the order placed through the Site. The SELLER is obliged to make
the necessary software arrangements to obtain confirmation from the BUYER that
this agreement has been read and accepted on the site before the order is
processed.