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DISTANCE SALES CONTRACT
1. PARTIES
This Distance Sales Agreement ("Agreement") has been established electronically between the Buyer and the Seller under the terms and conditions set forth below. The Buyer and the Seller will be referred to together as "Parties" and separately as "Party" under the Agreement.
BUYER
Name, Surname;
Address
Telephone:
E-mail
SELLER
Trade Name
Tax Office / Tax Number
Address
Telephone
Email
2. DEFINITIONS
In the application and interpretation of this Agreement, the following written terms shall have the meanings set out opposite them.
MINISTER Minister of Customs and Trade of the Republic of Turkey
MINISTRY Republic of Turkey Ministry of Customs and Trade
LAW Law No. 6502 on Consumer Protection
REGULATION Regulation No. 29188 dated 27.11.2014 on Distance Contracts
PRODUCT: Textile products and similar goods to be sold under the brand name "STHINKMA" subject to shopping
SERVICE: A consumer transaction to be performed by the Seller for a fee
SELLER: The company with the trade name of DBA Moda Tekstil ve Ticaret Limited Şirketi, acting on behalf and account of the legal entity that offers and provides products to the consumer/buyer within the scope of its commercial or professional activities
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes
INTERNET SITE: Seller's website with the extension sthinkma.com
ORDER GIVER: A natural or legal person who requests a good or service from the Seller's website
PARTIES: Seller and Buyer jointly
CONTRACT: This distance sales contract concluded between the Seller and the Buyer will be expressed.
3. SUBJECT MATTER OF THE CONTRACT
The subject of the Agreement is the regulation of the rights and obligations of the Parties in accordance with the Law and Regulation regarding the sale and delivery of the Products ordered electronically by the Buyer via the Website. Within the scope of the Agreement, the sale and delivery to the Buyer of the Product / Products specified below, which the Buyer wishes to purchase by ordering through the Website, and the Buyer's obligation to make payment and other rights and obligations regarding other issues will be included in the Agreement. The Buyer has approved the Agreement by clicking on the Website, and the price of the Product(s) ordered and other costs are collected by the payment method chosen by the Buyer.
4. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES
The Agreement has been prepared in accordance with the Law and the Regulation. In this context, the Parties accept and declare that they know and understand their obligations and responsibilities arising from the Law and Regulation. The Agreement shall not prevent the performance of the provisions contained in the User Membership Agreement and its annexes concluded separately between the Seller and the Buyer.
The Buyer accepts and declares that he / she has read and informed the preliminary information provided by the Seller regarding the basic qualities of the Products on the Website, the sales price, the payment method and the delivery and shipping cost and that he / she has given the necessary confirmation electronically. By approving the Agreement and the preliminary information form on the Website in electronic form, the Buyer confirms that he / she has correctly and completely obtained the address, the basic features of the Product / Products ordered, the price of the Product / Products including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the distance contracts are concluded.
The matters that the Buyer is informed in advance before the Contract is concluded are as follows;
- The basic characteristics of the goods or services subject to the Contract,
- Name, title and tax identification number of the seller or provider and intermediary service provider,
- Clear address, telephone number and similar contact information that allows the buyer to quickly contact the seller or provider and intermediary service provider, and the identity and address of the person acting on behalf or account of the seller or provider,
- The total price of the goods or service including all taxes, all additional costs, if any, for transportation, delivery and similar additional costs, and if these cannot be calculated in advance, the information that additional costs can be paid,
- Additional costs imposed on consumers where the cost of the use of the means of remote communication cannot be calculated on the basis of the usual tariff at the time of conclusion of the contract,
- Payment, delivery or performance period in line with the period promised in commercial advertisements and promotions, other information regarding delivery and performance, and commitments regarding them, if any, and the seller or provider and intermediary service provider's resolution methods regarding complaints,
- In cases where there is a right of withdrawal, the conditions, duration, procedure for exercising this right, information on the carrier foreseen by the seller for the return, and information on the amount of the return cost not exceeding the delivery cost if the goods are returned by this carrier and by which party, and that the consumer will bear the return cost if the goods are returned by a carrier other than the one envisaged,
- Clear address, fax number or e-mail information where the withdrawal notification will be made,
- In cases where the right of withdrawal cannot be exercised, information on the conditions under which the consumer will not benefit from the right of withdrawal or will lose the right of withdrawal,
- Deposits or other financial guarantees, if any, to be paid or provided by the consumer at the request of the seller or provider, and the terms thereof,
- Technical protection measures, if any, that may affect the functionality of digital content,
- Information that the seller or provider knows, or could reasonably be expected to know, about the hardware or software with which the digital content may interoperate,
- Information that consumers can apply to the Consumer Court or the Consumer Arbitration Committee for disputes.
The Buyer may submit his/her requests and complaints as a consumer through the Seller's communication channels in the information of the parties section above. The requests and complaints to be submitted to the Seller will be examined by the Seller and, if deemed necessary, will notify the Buyer.
The Seller is obliged to deliver the Product / Products subject to the Contract to the Buyer in accordance with the Law, Regulation and all other relevant legislation, intact, complete, in accordance with the qualifications specified in the order.
Delivery of the Product(s) shall take place as soon as possible after the stock is available and the price is transferred to the Seller's account. The Seller accepts, declares and undertakes that it will deliver the Product(s) to the Buyer's delivery address specified in the Contract, provided that it does not exceed 30 (thirty) days from the order, depending on the distance of the Buyer's settlement. If the Seller is unable to deliver the Product(s) within the period due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer within 3 (three) business days from the date it learns of the situation.
The Buyer shall inspect the Product / Products subject to the Contract during delivery but before delivery; damaged, dented, broken, broken, torn packaging, etc. damaged and defective Product / Products shall not be received from the cargo company officer at the delivery address. The Buyer shall be deemed to have accepted that the Product(s) received from the cargo company officer at the delivery address are undamaged, intact and free of defects. All responsibility for the Products after delivery belongs to the Buyer. At this point, the obligation to carefully protect the Product / Products belongs to the Buyer.
5. CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
The prices listed and advertised on the site are the selling price. The advertised prices are valid until the site is updated and changed. Prices announced for a period of time are valid until the end of the specified period.
The type and type, quantity, brand / model / color / color / unit prices and sales price of the products and payment (collection) information and delivery information including the delivery location specified by the Buyer are as stated in the table below.
Product (Brand, Product, Color, Size, etc.)
Quantity
Unit
Price
Discount
Shipping Cost
Total Amount
Payment (Collection) Information
Payment Method: (Credit Card)
Total Amount:
The invoice for preliminary information and payment on the Website is an integral part of this Agreement. If the Product price is paid, this Agreement is deemed to have been established and the Buyer is deemed to have accepted all the terms of the Agreement with the payment
The Contract shall be performed by the Seller upon delivery of the purchased Product(s) to the Buyer or the person or persons notified by the Buyer. The Products shall be delivered to the person or persons residing or residing at the address specified by the Buyer and specified below.
Delivery Information
Name, Surname, Title of the Person to Receive
Delivery Address
Contact Phone
Contact Email
Invoice Information
Name/Surname/Title
Address
Telephone
Email
The parties accept, declare and undertake that if the Product(s) is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for the failure of the person/organization to accept the delivery.
The costs related to the delivery of the products to the delivery address belong to the Buyer. In the event that the Seller explicitly declares on the Website that the delivery / transportation costs will be borne by the Seller or that no shipping fee will be charged, the relevant delivery costs belong to the Seller.
The Seller carries out the delivery by sending the Product / Products with contracted cargo companies. If the contracted cargo company does not have a branch in the place specified by the Buyer as the delivery address, the Product / Products may need to be received from another nearby branch of the cargo company. This situation will be notified to the Buyer in terms of the cargo company. Such notification shall be made to the Buyer by e-mail/email, SMS or telephone. The Seller is not responsible for delays arising from this situation.
In the event that the Buyer or the person specified in the delivery information is not personally present at the address specified at the time of delivery of the Products or if these persons do not accept delivery / refuse delivery, the Seller shall be deemed to have fulfilled its obligation regarding the delivery of the Product. Delivery of the Product(s) at the address
6. PRODUCT PAYMENT, RETURN AND EXCHANGE
Unless otherwise stipulated by the Seller, the Buyer must have paid the price in full before receiving the Product. In the event that the total price is not paid in full to the Seller before the delivery of the Products in cash sales and the amount of the installment due in installment sales is not confirmed, the Seller may unilaterally terminate the Contract and refrain from delivering the Product. If for any reason the Product price is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be released from its responsibility arising from the delivery of the Product. In the event that the bank or financing institution to which the credit card to which the transaction is made does not pay the Product price to the Seller for any reason after the delivery of the Product, or if the bank or financing institution does not pay the Product price to the Seller or requests the paid price back, the Product shall be returned to the Seller by the Buyer within 3 (three) days at the latest. If the non-payment of the Product price is due to a fault or negligence of the Buyer, the shipping costs in terms of return shall be borne by the Buyer. All other rights of the Seller, including legal proceedings regarding the Product price receivable without accepting the return, are reserved.
For the avoidance of doubt; In cases where the Buyer pays the sales price with a credit card, installment card, etc. from banks (including financing institutions), all the facilities provided by these cards are credit and / or installment payment facilities provided directly by the card issuer; in this framework, the Seller's price is paid in advance or in installments.
7. RIGHT OF WITHDRAWAL
i. General Information on the Right of Withdrawal
The Buyer has the right to withdraw from the Contract within 14 (fourteen) days from the delivery of the Products subject to the Contract to him or the person at the address indicated by him, without any justification and without paying any penal clause, except for the exceptions specified in accordance with the legislation. This 14 (fourteen) day period starts to run from the day the consumer receives the goods in Contracts for the sale of goods. In order to exercise the right of withdrawal, the Buyer must notify the Seller in writing via the contact information detailed above, provided that the Buyer has used the Products in accordance with their technical specifications and instructions for use within this period. After the Buyer's withdrawal notification reaches the Seller, the Seller will share the confirmation information regarding the receipt of the notification with the Buyer and will return the price of the Products subject to the right of withdrawal to the Buyer in accordance with the payment method within 14 (fourteen) days following the date of receipt of the notification. However, if the product subject to the sales contract is one of the products that constitute an exception to the right of withdrawal (underwear and hygienic products, etc.), the Buyer will be able to exercise the right of withdrawal only under certain conditions. In order to exercise the right of withdrawal in terms of hygiene sensitive products such as underwear, swimwear-bikinis, cosmetics, socks, the products must be unused and the protective tapes and labels must not be removed. It should be noted that the Distance
ii. Refund of the Fee
If the product price has been collected, the price shall be returned to the Buyer within 14 (fourteen) days in cases of withdrawal in accordance with the legislation and termination of the Contract. The refund shall be made in accordance with the payment instrument used by the Buyer in the payment of the Product price. In credit card payments, the refund is made by returning the Buyer's credit card. The product price shall be returned to the relevant bank within the same period following the cancellation of the order by the Buyer. The transfer of the price to the Buyer's accounts after the return of the price to the bank by the Seller is related to the bank transaction process and the Seller is not responsible for possible delays. The Seller reserves the rights of offset and discount arising from this Agreement and the law for the amount to be returned. The legal rights of the Buyer regarding the cases where the Contract is terminated by the Buyer due to the Seller's failure to fulfill its performance are also reserved and available.
- Credit Card Refund Procedure
In cases where the Buyer uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the Buyer with the decisions of the arbitration committee, if the shopping is made by credit card and in installments, the credit card refund procedure is stated below: If the Buyer has purchased the product in how many installments, the Bank makes the refund to the Buyer in installments. After the Seller pays the full amount of the product price to the bank in one lump sum, in case of refund of the installment expenditures made from the Bank's poses to the Buyer's credit card, the requested refund amounts are again
iii. Products for which the Right of Withdrawal cannot be exercised
Pursuant to Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27/11/2014 and numbered 29188, the Buyer cannot use the right of withdrawal in the following cases.
- Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the Seller,
- Contracts for goods tailored to the consumer's wishes or personal needs,
- Contracts for the delivery of perishable or expired goods,
- Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene,
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
- Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement,
- Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period,
- Services performed instantly electronically or intangible goods delivered instantly to the consumer
9. FORCE MAJEURE
The occurrence of natural disasters such as war, civil war, acts of terrorism, earthquakes, fires, floods, cyber attacks and hacking attacks, which are beyond the control and will of the Parties and which are beyond the reasonable control power of the Parties and which cannot be predicted in advance to prevent and / or delay the Parties from fulfilling their obligations under this Agreement, including but not limited to; war, civil war, terrorist acts, earthquake, fire, flood, cyber attacks and hacking attacks will be considered as force majeure.
When a force majeure event occurs, one of the parties must immediately notify the other party without losing time. In the event of such a situation, the Parties shall jointly determine and implement the measures to be taken by making a joint assessment.
The Parties shall not be held liable for failure to fulfill their obligations in full or on time due to force majeure, and this Agreement shall be automatically terminated if the force majeure situation continues for 30 (thirty) days without interruption. However, the rights and receivables of the Parties accrued before termination shall remain reserved.
10. DEFAULT AND LEGAL CONSEQUENCES
The Buyer accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may demand the expenses and attorney's fee from the Buyer and under all circumstances, the Buyer may be liable for the Buyer's debt.