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Distant Sales Contract

 

TERMS OF DISTANT SELLING AGREEMENT
ISTANBUL FASHION CENTER DISTANT SALES CONTRACT

 

Article 1 - SUBJECT

 

The subject of this contract is the sale-delivery of the product specified below to the BUYER, in accordance with the Law No 6502 Concerning the Protection of the Consumer and the Regulation of Distant Sales, concerning the sale and delivery of the product, the qualities and selling price of which are presented below, and that is sold by the SELLER to the BUYER over the internet site istanbulfashioncenter.com, and the statement of the rights and obligations of the Parties in this matter.

 

ARTICLE 2 - SELLER’S INFORMATION


Trade Name    :     
Address    :    
Phone        :   
E-Mail        :   

 

ARTICLE 3 - BUYER INFORMATION (Hereinafter referred to as the BUYER.)


Name / Surname / Title : 
Address    :  
Phone        : 
E-Mail        :     

 

ARTICLE 4 - PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT


4.1 The basic characteristics (type, quantity, brand/model, color, quantity) of the good/product/products/service are available on the website of the SELLER. You can examine the basic features of the product for the duration of the campaign. It is valid until the campaign expiration date.

 

4.2 The prices listed and announced on the site are the selling price. The announced prices and promises are valid until they are updated and changed. The prices with an expiration date are valid until the end of the specified period.

 

4.3 The selling price of the good or service subject to this contract, including all taxes, is shown in the table below.

 

           
            Date : {{OrderDate}}

                   
       
                                                                                                                                {{#each Products}}                                                                                                             {{/each}}                    
Product Name  Quantity  Total Product Amount 
{{Name}} {{Quantity}} {{TotalAmount}}
 
       

 

ARTICLE 5 – GENERAL PROVISIONS

 

5.1. THE BUYER , declares that person and / or organization confirms electronically that the product on the internet site www.istanbulfashioncenter.com  will be delivered with the basic qualities, the selling price including all taxes and the specified payment method will be paid by the BUYER, that person and / or organization has read and understood the preliminary information concerning delivery time, commercial name of the SELLER, its registered address and contact information.

 

THE BUYER, by confirming this contract electronically, confirms that person and / or organization accurately and completely received the information about the address, basic features of the ordered products, and the tax-inclusive prices of products, delivery information and right of withdrawal and the content of the right of withdrawal prior to the execution of this contract.

 

5.2. THE BUYER hereby agrees, declares and undertakes that person and / or organization has read and understood all other preliminary information that are legally mandatory to be present due to the Law No 6502 Concerning the Protection of the Consumer and the Regulation of Distant Sales and that he/she provided the required confirmation from the web site www.istanbulfashioncenter.com electronically.

 

5.3. The product subject to contract, will be delivered within the period specified on the web site based on each product and the distance to the BUYER’s residence, but in all cases less than 30 (Thirty) days, to the BUYER or the person/organization. 

 

5.4. If the product subject to contract will be delivered to another person and / or organization than the BUYER, the SELLER cannot be held responsible if the person and / or organization that will receive the delivery does not accept it. In case the delivery is delayed and ⁄ or the Product cannot be delivered due to problems caused by the shipment company, the SELLER cannot be held liable. In case the Product is not delivered due to the BUYER’s absence at the address, the SELLER cannot be held responsible in any way.

 

5.5. THE BUYER is responsible to check the product on delivery, reject the delivery if a cargo-related problem appears on the Product and to make the shipment company’s officer file a report. Otherwise, the SELLER will not accept any responsibility.

 

5.6. The SELLER accepts, declares and undertakes that the SELLER:

 

Shall deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, without any defects,

 

Shall protect and increase the service quality in accordance with the requirements of the legal legislation, 

 

Shall show the necessary attention and care during the performance of the work,in accordance with the standards and the information and documents required by the business and 

 

Shall act with prudence and foresight in accordance with the principles of integrity and honesty.

 

5.7. In case the delivery of the product or service becomes impossible and the SELLER cannot fulfill its contractual duties, it informs the customer before the obligation to perform that arises from the contract expires and may supply a different product of equivalent quality and price to the BUYER, if the item itself is not in the inventory. In that case, the SELLE is considered fulfilled its Product Supply duty. In this case, the BUYER has the right to reject the product and terminate the contract.

 

5.8. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.

 

5.9. The BUYER agrees, declares and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.


5.10. The BUYER, after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares and undertakes that it will return the product to the SELLER within 3 days with the shipping costs to be borne by the SELLER.


5.11. The SELLER accepts, declares and undertakes that it will notify the BUYER of the situation if the BUYER cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of unforeseen, unpredictable and preventing and / or delaying situations that prevents the involved parties from fulfilling their debts. The BUYER is also entitled to demand from the SELLER to cancel the order, replace the product subject to the contract with an equivalent, and / or postpone the delivery period until the preventing and / or delaying situation is eliminated. The BUYER is also entitled to demand from the SELLER to cancel the order, replace the product subject to the contract with an equivalent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, the amount of the product is paid to him in cash and in lump sum within 14 days in the payments made by the BUYER in cash. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, 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, since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays and accepts, declares and undertakes that the SELLER cannot be held responsible.

 


ARTICLE 6 - RIGHT OF WITHDRAWAL

 

6.1 The BUYER; in distant contracts regarding the sale of goods, within 14 (fourteen) days from the date of delivery to the product itself or to the person / organization at the address indicated, the BUYER can use the right to withdraw from the contract by refusing the goods without any legal or criminal liability and without any justification, provided that the SELLER is notified.
In distant contracts for service provision, this period starts from the date the contract is signed. Before the right of withdrawal expires, the right of withdrawal cannot be exercised in the service contracts whose service is started 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 he has been informed about the right of withdrawal by accepting this contract.


6.2. 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 Used" regulated in this contract. If this right is exercised,


6.2.1. The invoice of the product delivered to the 3rd person or to 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 the institutions will not be completed unless the RETURN INVOICE is issued.)


6.2.2. Return form,


6.2.3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.


6.2.4. 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 accept the returned goods within 20 days.


6.2.5. 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 his fault. However, the BUYER is not responsible for the changes and deteriorations caused by the proper use of the product or product within the right of withdrawal.


6.2.6. 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.


ARTICLE 7 - INTELLECTUAL PROPERTY RIGHTS

 

The intellectual-commercial rights and property rights of any content or information belonging to the INTERNET SITE and the editing, revision and use of part/whole of the same belong to the SELLER.

 

The SELLER reserves the right to make any modifications that it may deem necessary concerning the above; these modifications enter into force on the moment when they are announced by the SELLE on the INTERNET SITE or other appropriate methods.

 

ARTICLE 8 - PRODUCTS THAT ARE NOT COVERED UNDER THE RIGHT OF WITHDRAWAL


8.1. 

 

a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and that are not under the control of the seller or supplier.

b) Contracts for goods prepared in line with the consumer's wishes or personal needs.

c) Contracts for the delivery of perishable or soon-to-be-expired goods.

ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.

d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.

e) Contracts regarding books, digital content and computer consumables, data recording and data storage devices provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods

f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.

g) Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which must be done on a specific date or period.

ğ) Contracts for services performed instantly in electronic environment or for intangible goods delivered immediately to the consumer.

h) Contracts relating to services started with the approval of the consumer before the right of withdrawal expires. Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) are packaged unopened, untested, and intact so that they can be returned. and they must not be used.

 

8.2. The SELLER may apply for complaints and objections to the arbitration committee or consumer court for consumer problems 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 below:
Effective from 28/05/2014:

 

a) District consumer arbitration committees in disputes whose value is less than 2.000,00 (two thousand) TL in accordance with Article 68 of the Law on the Protection of Consumers No 6502,

b) To provincial consumer arbitration committees in disputes with a value below 3.000,00 (three thousand) TL,

c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes between 2.000.00 (two thousand) TL and 3.000.00 (three thousand) TL.

This Agreement is made for commercial purposes.

 

SELLER
{{CompanyInfo.Name}}

RECEIVER
Name / Surname : ……………………………………..
Date         : ……………………………………..

 

6. INVOICE INFORMATION

 

Payment Method : {{PaymentType}}
Delivery Address : {{ShipmentAddress.Address}}
Invoice Address : {{InvoiceAddress.Address}}
Shipping Fee : {{ShipmentAmount}} $
Invoice delivery : Invoice will be delivered together with the order to the invoice address.
 

 

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