Distance Sales Agreement
This is an information-only translation; the legally binding version of this document is the Turkish text.
1. PARTIES
This Agreement has been concluded between the parties set out below, on the terms and conditions stated below.
A. ‘BUYER’ ; (hereinafter referred to as the "BUYER")
B. ‘SELLER’ ; (hereinafter referred to as the "SELLER")
NAME - SURNAME: Leyuze Butik Tekstil Sanayi ve Ticaret Limited Şirketi
ADDRESS: Yalı Mah. Furkan Sok. Budak İş Merkezi No: 2 İç Kapı No: 1, Topselvi, Kartal / İstanbul
By accepting this Agreement, the BUYER accepts in advance that, if the order that is the subject of the Agreement is confirmed, the BUYER will be under the obligation to pay the price of the order and any additional charges such as shipping fees and taxes, and that the BUYER has been informed of this.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms written below shall have the meanings written next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods that is performed or undertaken to be performed in return for a fee or a benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts in the name or on behalf of the party offering the goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial and non-professional purposes,
SITE: The website belonging to the SELLER,
PERSON PLACING THE ORDER: The natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property that is the subject of shopping, and intangible goods such as software, sound, images and the like prepared for use in the electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, with regard to the sale and delivery of the product whose characteristics and sale price are stated below and which the BUYER has ordered electronically through the website belonging to the SELLER.
The prices listed and announced on the site are the sale prices. The announced prices and commitments are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Company title
Address
Telephone
Fax
5. BUYER INFORMATION
Person to whom delivery will be made
Delivery address
Telephone
Fax
Email / user name
6. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
6.1. The basic characteristics of the goods / product / products / service (type, quantity, brand/model, colour, number of units) are published on the website belonging to the SELLER. If a campaign has been organised by the seller, you can review the basic characteristics of the relevant product for the duration of the campaign. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sale prices. The announced prices and commitments are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
6.3. The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.
Product Description / Quantity / Unit Price / Subtotal
(VAT included)
Shipping amount
Total:
Payment method and plan
Delivery address
Person to whom delivery will be made
Invoice address
Order date
Delivery date
Method of delivery
6.4. The shipping fee, which is the cost of dispatching the product, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name / Surname / Company title
Address
Telephone
Fax
Email / user name
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the delivery of the order.
8. - RULES ON SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions whose current principles are set out below apply on the WEBSITE with regard to the protection, confidentiality, processing-use of information, communications and other matters.
8.1. The measures necessary for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the system infrastructure on the SELLER's side, according to the nature of the information and the transaction and to the extent of today's technical possibilities. Nevertheless, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures on the BUYER's side so that it is protected and cannot be accessed by unrelated persons, including those relating to viruses and similar harmful applications, belongs to the BUYER.
8.2. In addition to and confirming the permissions-consents given by the BUYER in any other manner regarding personal data and commercial electronic communications; the information obtained during the BUYER's membership of the WEBSITE and shopping may be recorded indefinitely or for the period they foresee, stored in printed/magnetic archives, updated where deemed necessary, shared, transferred, conveyed, used and otherwise processed by the SELLER and its successors, for the provision of various products/services and for electronic and other commercial-social communications to be made for the purposes of all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. This data may also be submitted to the relevant Authorities and Courts in cases required by law. The BUYER has consented and given permission to the use, sharing and processing of the BUYER's existing and new personal and non-personal information within the above scope, in accordance with the legislation on the protection of personal data and the electronic commerce legislation, and to commercial and non-commercial electronic communications and other communications being made to the BUYER.
8.3. The BUYER may at any time stop the use-processing of data and/or communications by contacting the SELLER through the stated communication channels, or by applying through the same channels in accordance with legal procedure, or by exercising the right of refusal contained in the electronic communications sent to the BUYER. In accordance with the BUYER's express notice on this matter, personal data processing and/or communications to the BUYER are stopped within the maximum legal period; furthermore, if the BUYER so wishes, information other than that which must be retained by law and/or that which it is possible to retain is deleted from the data recording system or anonymised so that the identity cannot be determined. If the BUYER wishes, the BUYER may at any time apply to the SELLER through the above communication channels and obtain information on matters such as the transactions relating to the processing of personal data, the persons to whom the data has been transferred, correction of the data if it is incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to a result arising against the BUYER by means of analysis through automated systems, and compensation in the event of damage suffered due to unlawful processing of the data. Applications and requests on these matters will be fulfilled within the maximum legal periods, or may not be accepted, with the legal grounds explained to the BUYER.
8.4. All intellectual-industrial property rights and ownership rights relating to all information and content on the WEBSITE, and to the arrangement, revision and partial/complete use thereof, belong to the SELLER, except for those belonging to other third parties under the SELLER's agreement.
8.5. The SELLER reserves the right to make any changes it may deem necessary on the above matters; such changes take effect from the moment they are announced by the SELLER on the WEBSITE or by other appropriate means.
8.6. The privacy-security policies and terms of use of other sites reached from the WEBSITE apply to those sites; the SELLER is not responsible for any disputes that may arise or for their adverse consequences.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and become informed of the preliminary information on the basic qualities, sale price and payment method of the product subject to the Agreement and on delivery, on the website belonging to the SELLER, and has given the necessary confirmation in the electronic environment. By confirming the Preliminary Information in the electronic environment, the BUYER accepts, declares and undertakes that, before the distance sales contract was concluded, the BUYER also obtained correctly and completely the address that must be provided to the BUYER by the SELLER, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the Agreement is delivered to the BUYER or to the person and/or organisation at the address indicated by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the Agreement is reserved.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement complete, in conformity with the qualities stated in the order and together with any warranty certificates, user manuals and the information and documents required by the nature of the work; to perform the work free of all defects, soundly and in conformity with standards in accordance with the requirements of the legal legislation and within the principles of accuracy and honesty; to maintain and improve the quality of service; to show the necessary care and attention during the performance of the work; and to act with prudence and foresight.
9.4. The SELLER may, before the expiry of the period of the performance obligation arising from the Agreement, supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER's express approval.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfil its obligations under the Agreement because performance of the product or service subject to the order has become impossible, it will notify the consumer of this situation in writing within 3 days from the date it learns of it, and will refund the total price to the BUYER within a period of 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER will confirm this Agreement in the electronic environment for the delivery of the product subject to the Agreement, and that if for any reason the price of the product subject to the Agreement is not paid and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will come to an end.
9.7. The BUYER accepts, declares and undertakes that if, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organisation at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorised and unlawful use of the BUYER's credit card by unauthorised persons, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the Agreement within the period due to force majeure events such as the occurrence of circumstances that develop beyond the will of the parties, that cannot be foreseen in advance and that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER is also entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the Agreement with an equivalent if any, and/or the postponement of the delivery period until the preventing circumstance is removed. If the order is cancelled by the BUYER, in payments made by the BUYER in cash, the amount of the product is paid to the BUYER in cash and in full within 14 days. In payments made by the BUYER by credit card, the amount of the product is refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for the purposes of communication, marketing, notification and other purposes by letter, email, SMS, telephone call and other means, through the address, email address, fixed and mobile telephone lines and other contact information stated by the BUYER in the registration form on the site or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities towards the BUYER.
9.10. The BUYER shall inspect the goods/service subject to the Agreement before taking delivery; the BUYER shall not accept from the shipping company any damaged or defective goods/service that is crushed, broken, with torn packaging and the like. The goods/service taken over shall be deemed to be undamaged and sound. After delivery, the obligation to protect the goods/service with care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not have been used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used at the time of the order are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit 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 the card holder. The order will be suspended for the period until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER is entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the website belonging to the SELLER is true, and that the BUYER will compensate all damages the SELLER may suffer due to the untruthfulness of this information, immediately, in cash and in full, upon the SELLER's first notice.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation while using the website belonging to the SELLER and not to violate them. Otherwise, all legal and criminal liabilities that arise shall bind the BUYER entirely and exclusively.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disturbs public order, is contrary to public morals, disturbs and harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.
9.15. Links may be given, through the website belonging to the SELLER, to other websites and/or other content that are not under the SELLER's own control and/or that are owned and/or operated by other third parties. These links have been placed for the purpose of providing ease of navigation to the BUYER; they do not support any website or the person operating that site, and do not constitute any warranty as to the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this Agreement shall be personally liable, criminally and legally, for such violation, and shall hold the SELLER free from the legal and criminal consequences of these violations. Furthermore, if the matter is brought before the courts due to such violation, the SELLER's right to claim compensation from the member for failure to comply with the membership agreement is reserved.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the Agreement by rejecting the goods within 14 (fourteen) days from the date of delivery to the BUYER or to the person/organisation at the address indicated by the BUYER, on condition of notifying the SELLER, without assuming any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period starts from the date on which the contract was signed. In service contracts where performance of the service has begun with the consumer's approval before the expiry of the withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this Agreement, the BUYER accepts in advance that the BUYER has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered post with return receipt, fax or email within the period of 14 (fourteen) days, and the product must not have been used within the framework of the provisions on "Products for Which the Right of Withdrawal Cannot Be Exercised" set out in this Agreement. If this right is exercised,
a) the invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is issued to a company, it must be sent together with the return invoice issued by that company. Returns of orders whose invoices are issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
b) the 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 place the BUYER under obligation to the BUYER within a period of at most 10 days from the receipt of the withdrawal notice, and to take back the goods within a period of 20 days.
e) If there is a decrease in the value of the goods for a reason arising from the BUYER's fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or the product within the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the order falls below the campaign limit amount set by the SELLER, the discount amount benefited from within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, it is not possible to return: goods prepared in line with the BUYER's request or clearly the BUYER's personal needs and not suitable for being sent back, underwear bottoms, swimsuit and bikini bottoms, cosmetics, single-use products, goods that are liable to deteriorate quickly or whose expiry date may pass, products that are not suitable to be returned for reasons of health and hygiene if their packaging has been opened by the BUYER after delivery to the BUYER, products which are mixed with other products after delivery and which by their nature cannot be separated, goods relating to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and — where the packaging has been opened by the BUYER — sound or image recordings, books, digital content, software programs, data recording and data storage devices and computer consumables. In addition, under the Regulation it is also not possible to exercise the right of withdrawal in respect of services whose performance has begun with the consumer's approval before the expiry of the withdrawal period.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returnable, their packaging must not have been opened, and they must not have been tried, damaged or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER makes payment transactions by credit card and falls into default, the BUYER will pay interest within the framework of the credit card agreement between the BUYER and the card-issuing bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the costs that arise and the attorney's fee from the BUYER; and in any case, if the BUYER falls into default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be made, within the monetary limits stated in the Law, to the consumer arbitration committee or the consumer court at the place where the consumer resides or where the consumer transaction was carried out.
14. ENTRY INTO FORCE
When the BUYER makes the payment for the order placed through the Site, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make the necessary software arrangements so that, before the order is placed, confirmation is obtained that this Agreement has been read and accepted by the BUYER on the site.
SELLER:
BUYER:
DATE: