DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
TITLE: Zühre Tekstil İnşaat Sanayi ve Ticaret Anonim Şirketi
ADDRESS: Mahmutbey Mah. Cicek Sok. No: 11 Bağcılar / ISTANBUL
By accepting this contract, the BUYER agrees in advance that the contractor will be liable to pay the additional charges specified in the contract, such as the price of the order and the shipping charge, tax if the order is approved.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the 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 Distance Contracts,
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in exchange 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 PARTY: Real or legal person requesting a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: the movable goods subject to shopping, and software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT MATTER
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 on 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: Zühre Tekstil İnşaat Sanayi Ve Ticaret Anonim Şirketi
Address: Mahmutbey Mah. Cicek Sok. No: 11 Bağcılar / ISTANBUL
Phone: +90 212 446 06 06 (pbx)
Fax: +90 212 446 06 72
Email: [email protected]
5. BUYER INFORMATION
The person to be delivered
Delivery address
Telephone
Fax
Email / username
6. ORDERING PARTY INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
7. CONTRACT PRODUCT / PRODUCTS INFORMATION
7.1. Basic properties (type, quantity, brand / model, color, number) of the good / product / products / service are published on the website of the SELLER. If a campaign has been 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 selling price of the contract goods or services, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
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 unless otherwise specified.
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: The invoice will be delivered to the invoice address with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that s/he has read the preliminary information about the basic properties of the contract product, the sales price and the payment method and the delivery on the website of the SELLER and gives the necessary confirmation electronically. When the BUYER confirms the preliminary information electronically, prior to 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 contract product is delivered to the BUYER or the person and / or 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 location, provided that it does not exceed the legal period of 30 days.
9.3. The SELLER accepts, declares and undertakes to deliver the contract product in full, in accordance with the specifications specified during the order, and with the information and documents required for the job, including warranty documents, user manuals,
to perform the business in accordance with the requirements of the legal regulations within the principles of honesty without any defects, to protect and increase the service quality, 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 of equal quality and price by informing the BUYER and obtaining their explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the delivery of the product or fulfillment service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that they will notify the BUYER in written within 3 days from the date when they first notice the situation 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 contract product, and if the contract product price is not paid for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
9.7. The BUYER accepts, declares and undertakes that if the price of the contract product is not paid to the SELLER by the relevant bank or financial institution after the delivery of the contract product to the BUYER or the person and / or organization at the address indicated by the BUYER, the product will be returned to the SELLER within 3 days. In this case, the SELLER reserves the right to take legal action against the BUYER and all concerned.
9.8. The SELLER accepts, declares and undertakes that s/he will notify the BUYER if the contract product cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen, unpredictable preventing and / or delaying the fulfillment of the debts of the parties.
The BUYER also has the right to demand from the SELLER to cancel the order, to replace the contract product with its equivalent, and / or to postpone the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, for the payments made by the BUYER in cash, the amount of the product is paid to her in cash and in a single sum within 14 days. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, and as the reflection of this amount to the accounts of the BUYER after the return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has right to reach the BUYER via e-mail, SMS, phone call and other means of communication, through their address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, for communication, marketing, notification and other purposes.
By accepting this contract, the BUYER acknowledges and agrees that s/he GIVES COMMUNICATION PERMISSION in order for the SELLER to carry out the above-mentioned communication activities.
9.10. The BUYER will inspect the contractual goods / service before receiving it; and will not receive the damaged and defective goods / services such as crushed, broken, torn packaged etc. from the courier company. The delivered goods / services will be deemed undamaged and intact. The BUYER is responsible for careful protection of the goods / services after delivery. 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 holder of the credit card used during the order is not the same person with the BUYER, or if a security flaw is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall request the identity and contact information of the credit card holder, credit card statement of the previous month or submission of a letter from the cardholder's bank stating that the credit card belongs to him/her from the BUYER. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests 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 BUYER will compensate all damages that the SELLER may incur due to the falsehood of such information, immediately, in cash, in a single payment and once upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER.
Otherwise, all legal and criminal liabilities that may arise will be the concern of the BUYER completely and exclusively.
9.14. The BUYER cannot use the website of the SELLER in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing the material and moral rights of others. In addition, the member 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. On the website of the SELLER, links of 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. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the website 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, legally 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 taken 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. In case the distance contract is related to the sale of goods, the BUYER can use the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification within 14 (fourteen) days after the product is delivered to her/him or to the person / organization at the address indicated, provided that the SELLER is notified. In the case of distance contracts for service provision, this period starts from the date on which the contract is APPROVED ONLINE. The right of withdrawal cannot be used in the service contracts whose service is started before the expiry of the right of withdrawal 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 s/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 used,
a) The invoice of the product delivered to the 3rd party 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 it. Order returns whose invoices are issued on behalf of 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 within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
e) 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 liable to compensate the damages of the SELLER at the rate of fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal.
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE USED
The goods that are prepared in line with the BUYER's request or explicitly personal needs and that are not suitable for return, underwear, swimwear and bikini bottoms, make-up materials, disposable products, items that are in danger of deterioration or that may expire, are delivered to the BUYER. Products that are not suitable for health and hygiene if the package is opened by the PURCHASER after the delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, electronic services which are used immediately the services provided or intangible goods delivered to the consumer instantly, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables -if their packaging is opened by the BUYER-, cannot be returned as per the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer as per the Regulation.
In order for cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) to be returned, their packaging must be unopened, and they should be untested, intact and unused.
12. DEFAULT AND LEGAL RESULTS
The BUYER agrees, declares and undertakes that, in the event that the BUYER goes into default when payment is made by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; the BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is given below:
In the applications to be made to the Consumer Arbitration Committees as of 01.01.2020, in the disputes below 6.920 (six thousand nine hundred and twenty) TL, District Consumer Arbitration Committees; Provincial Consumer Arbitration Committees in the disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in the provinces with metropolitan status, and in the disputes under 10,390 (ten thousand three hundred ninety) in the centers of non-metropolitan provinces, Provincial Consumer Arbitration Committees in the provinces not in metropolitan status Provincial Consumer Arbitration Committees are in charge in the disputes between (six thousand nine hundred and twenty) Turkish Lira and 10.390 (ten thousand three hundred ninety) Turkish Lira.
14. VALIDITY
When the BUYER makes the payment for the order placed on the website, s/he is deemed to have accepted all the terms of this contract.
The BUYER The SELLER
