Distance Sales Contract
This Agreement regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services ("Products") that the BUYER ("Consumer") wants to purchase by placing an order on the SELLER's electronic commerce website ("Website"), including the cases where the BUYER makes transactions using the application on his/her mobile device, and other matters. After the BUYER approves this Agreement on the Website, the price and expenses of the Product(s) he/she orders will be collected through the payment method he/she chooses.
1.Sides
This Agreement has been signed between the following parties under the terms and conditions set forth below.
1.1 BUYER INFORMATION
Name Surname: (Hereinafter referred to as "BUYER")
Company Name :
Address :
Phone :
Email :
(The BUYER's information is automatically entered into this field from the payment information screen)
1.2 SELLER INFORMATION
Company Name: TR BANGLA İTHALAT İHRACAT GIDA TEKSTİL TURİZM SANAYİ VE DIŞ TİCARET LİMİTED ŞİRKETİ(Hereinafter referred to as "SELLER")
Mersis: 0859-1186-3870-0001
Address:Karagümrük Mah. Çorapsız Kadı Asker Sokak B3-117,NO:10/3 Fatih, İstanbul, Türkiye.
Phone:05396415783
Fax:
Email:
(SELLER's information should come to this field automatically)
In this Agreement, BUYER and SELLER will be referred to together as PARTIES.
2.Definitions
In the application and interpretation of this Agreement, the terms written below will express the written explanations opposite them.
Minister: The Minister of Trade of the Republic of Turkey,
Ministry: The Ministry of Trade of the Republic of Turkey,
Law: Law No. 6502 on the Protection of Consumers,
Regulation: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SELLER: A company that offers products or services to consumers within the scope of its commercial or professional activities,
BUYER: A natural or legal person who acquires, uses or benefits from a product or service for non-commercial or non-professional purposes,
Orderer: A natural or legal person who requests a product or service through the SELLER's website,
Parties: SELLER and BUYER,
Agreement: This agreement made between SELLER and BUYER,
Product: The movable goods subject to shopping or software, sound, image and similar intangible goods prepared for use in an electronic environment.
Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
3. 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 with the following characteristics and sales price, which the BUYER ordered electronically via the SELLER's website.
The prices listed and announced on the site are the sales prices. 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.
By accepting this Agreement, the BUYER accepts in advance that if the order subject to the contract is approved, it will be obliged to pay the order price, tax and additional service fees and that it has been informed about this.
CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
4.1 Contractual product/service:
The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Service are available on the Ef Butik website. You can review the basic features of the product during the campaign period.
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.
The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description
Unit
Cash Price
Subtotal
(VAT Included)
Shipping Fees
Order Payment Total (VAT Included)
(This table should be filled automatically from the payment overview screen)
4.2 Payment
Payment Method-Means : (Credit Card / Credit Card or Cash Collection at the Door)
[Card Type Visa ....
Card Number ....
Payment Credit Card ...
Installment to Credit Card / Single Payment.
Total Amount ... ] :
(The payment plan is automatically displayed on the payment information page)
4.3. Delivery and Invoice
Delivery Information :
Name, Surname / Title :
Address :
Phone :
E-Mail :
Invoice Information :
Name, Surname / Title :
Address :
Phone :
E-Mail :
GENERAL PROVISIONS
5.1. The BUYER declares that he/she has read and is informed about the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price and payment method of the goods or services subject to the Agreement on the Website, as well as the delivery and cargo fee, and has provided the necessary confirmation electronically.
5.2. The BUYER; may submit his/her requests and complaints as a consumer through the SELLER contact information provided above and/or the communication channels on the website. The BUYER; accepts, declares and undertakes that he/she has obtained the address to be given to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information correctly and completely before confirming the Preliminary Information Form electronically and establishing the Distance Sales Contract.
5.3. BUYER accepts, declares and undertakes that persons under the age of 18 cannot shop on the website, even if product/products for children are offered for sale, and that SELLER shall not be responsible in any way for damages incurred by third parties due to ordering products in violation of this rule. SELLER has the right to cancel the order and terminate the Contract if it detects that this article has been violated.
5.4. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date stated as "estimated delivery date" on the website is stated as an estimate and this statement does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest as specified in the legislation. SELLER is not responsible for any damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all in the event that the BUYER or the person to whom the delivery will be made is not at the address at the time of delivery.
5.5. SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualifications specified in the order and with the warranty documents, user manuals and the information and documents required for the job, free from any defects, to perform the job in accordance with the legal legislation requirements in a sound and standard manner, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
5.6. SELLER may supply a different product of equal quality and price by informing BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.
5.7. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
5.8. The BUYER accepts, declares and undertakes that if the price of the Product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card after the delivery of the Product subject to the Agreement to the BUYER or the person and/or institution at the address provided by the BUYER, the BUYER will return the Product subject to the Agreement to the SELLER within 3 days, the shipping costs being borne by the BUYER.
5.9. BUYER shall inspect the goods/services subject to the Agreement before receiving them; shall not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
5.10. Unless otherwise provided, the delivery costs of the goods belong to BUYER. If SELLER has declared on its website that the delivery fee will be covered by itself, the delivery costs shall belong to SELLER. The delivery of the goods shall be made within the promised period if SELLER's stock is available and after the payment is made.
5.11. Situations that do not exist and are unforeseeable at the time the Contract is signed, that develop beyond the control of the Parties, and that make it impossible for one or both Parties to partially or completely fulfill their obligations and responsibilities undertaken under the Contract or to fulfill them on time, shall be considered as force majeure. If the SELLER cannot deliver the product/products included in the Contract within the legal period of 30 (thirty) days due to force majeure (natural disasters, fire, explosions, civil wars, wars, riots, civil commotions, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and procedures of authorized bodies, depletion of stocks, commercial impossibilities or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation), the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: canceling the order, replacing the product(s) subject to the Agreement with a similar product, if any, and/or postponing the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the amount paid will be returned to the BUYER within 14 (fourteen) days. The BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after it is returned to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
5.12. The SELLER reserves the right to freeze or terminate the order if it determines that the information provided by the BUYER does not correspond to the truth. In such a case, the SELLER will freeze the processing of the order if the BUYER cannot reach the BUYER via the phone, e-mail or delivery address provided by the BUYER. The BUYER is expected to contact the SELLER regarding the issue within this period. If the BUYER does not contact the SELLER within this period, the order will be canceled. In case the order is canceled, any payments made by the BUYER will be refunded within 14 (fourteen) days. In payments made by credit card, the refund will be made to the credit card with which the payment was made. It is sufficient for the SELLER to make the refund within this period, and the SELLER cannot be held responsible for the process of the payment being reflected by the bank.
5.13. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity 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 card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
5.14. In the event that goods that were not ordered are sent, no rights can be claimed against the BUYER. In such cases, the BUYER's silence or use of the goods cannot be interpreted as an acceptance declaration for the establishment of the contract.
5.15. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is true and that the SELLER will compensate all damages it may suffer due to the inaccuracy of this information immediately, in cash and in one go upon the first notification of the SELLER.
5.16. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
5.17. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone calls and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities specified above.
5.18. Links may be provided 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 through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
5.19. The SELLER shall keep the information and documents related to each transaction regarding the obligations regarding the right of withdrawal, notification, delivery and other issues regulated under this Agreement for three years.
5.20. Some personal information of the BUYER included in the distance sales contract and preliminary information form (name-surname, telephone, Turkish Republic identity number, address, e-mail, bank information, etc.); are processed in a limited and measured manner for the purposes of carrying out our goods and/or service sales processes, carrying out customer support processes after the sale of goods and/or services, ensuring customer relations management, carrying out business activities of our company, carrying out customer membership and contract processes, following up on requests/complaints, carrying out communication activities, carrying out finance and accounting affairs, carrying out and ensuring the control of business activities, carrying out storage and archive activities, carrying out advertising, campaign, promotion processes, carrying out activities in accordance with the relevant legislation, providing information to authorized persons, institutions and organizations, and developing the offered products and services. The personal data in question is processed and stored by the SELLER in its capacity as a data controller based on the legal grounds of "being necessary for the establishment or performance of a contract", "being mandatory for the data controller to fulfill its legal obligation" as specified in Article 5(2)(ç) of the KVKK, and "being mandatory for the legitimate interests of the data controller" as specified in Article 5(2)(f) of the KVKK. The personal data of the BUYER will only be stored for the period stipulated in the relevant legislation or by the SELLER, and thereafter, they will be destroyed by deletion, destruction or anonymization in accordance with the relevant legislation.
SELLER shall collect information such as name-surname, telephone number, TR ID Number, address, e-mail address, date of birth, etc. requested during the shopping phase, outside the purpose and scope determined by this contract; Based on the legal reasons of "being necessary for the establishment or performance of a contract" specified in Article 5(2)(c) of the Personal Data Protection Law, "being mandatory for the data controller to fulfill its legal obligation" specified in Article 5(2)(ç) of the KVKK and "being mandatory for the legitimate interests of the data controller" specified in Article 5(2)(f) of the KVKK, it may use this information to contact the BUYER when necessary, store or process this information, and transfer it to real and/or legal persons, authorized public institutions and organizations, and independent audit companies with whom it cooperates within the framework of the specified purposes and legal reasons.
BUYER; may apply to the SELLER, the data controller, at any time within the scope of the Law; to learn whether or not his/her personal data has been processed, to request information about his/her processed personal data, if any, to learn the purpose of processing personal data and whether or not this data has been used in accordance with the purpose, to know the third parties to whom his/her personal data has been transferred, to request the correction of errors in his/her personal data and if If the transfer has been made, the SELLER has the right to request this correction from the relevant third party, to request the deletion, destruction or anonymization of these data if the reasons requiring the processing of personal data are eliminated, and if the transfer has been made, to request that this request be forwarded to the third party to whom the transfer was made, to object to a negative result related to the person as a result of the processed data, and to claim compensation for damages in the event of damages arising from data processing contrary to the Law within the framework of the law.
5.21. The SELLER has the right to reach the BUYER via the address, e-mail address, fixed and mobile telephone lines and other communication information specified by the BUYER in the site registration form or updated by the BUYER later, for communication, notification and other purposes via letter, e-mail, SMS, telephone conversation and other means. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities specified above towards it.
5.22. The member who violates one or more of the articles listed in this contract shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
RIGHT OF WITHDRAWAL
6.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, without assuming any legal or penal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service is started with the approval of the consumer before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
6.2. In order to exercise the right of withdrawal, it is required that a written notification is made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercise of this right,
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 together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that obligate the BUYER to the BUYER within 10 days from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason arising from the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the period of right of withdrawal.
f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
6.3. According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, products that are in danger of rapid deterioration or have an expiration date, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and 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. In addition, it is not possible to use the right of withdrawal regarding services that were started to be performed with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
In order to return cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), their packaging must be unopened, untested, intact and unused.
DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the payment is made by credit card and goes into default, the BUYER will pay interest within the framework of the credit card agreement between the bank and the cardholder and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER goes into default due to its debt, the BUYER accepts, declares and undertakes that it will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
Turkish Law shall apply in the implementation and interpretation of this Agreement and in the event of any dispute arising from this Agreement.
The BUYER has the right to apply to Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade in resolving disputes falling within the scope of Law No. 6502 regarding the implementation of this Agreement, and to Istanbul Consumer Courts in resolving disputes exceeding this value.
ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this Agreement when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this Agreement has been read and accepted by the BUYER on the Site before the order is placed.
SELLER:
BUYER:
DATE: