Distant Sales Contract
ARTICLE 1
PARTIES
1.1.Information about the Seller
Name, Last Name: Anita Şavul
Tax Office/No: KORDON VD-8000428226
Address: Kültür Mah. Atatürk Cad, Karika Apartman No:192/2 İç Kapı No:10 Konak/İzmir
Commercial Registration No: İZMİR-184239
Phone no: (0232) 463 0911
E-mail: anitasavul@gmail.com
Central Registration System No. 5425591836623650
Bank Account IBAN: TR 6200 0100 0137 9634 9778 5001
1.2 Information about the Consumer/Buyer
Name, Last Name:
Address:
Phone No:
E-mail:
ARTICLE 2
SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distant Sales Contract ("Contract") has been arranged in accordance with the Law on the Protection of the Consumer and the Regulation on Distant Contracts. The parties of this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distant Contracts under this Contract. The subject of this contract is the sale of the goods / services with the qualifications specified in the contract, where the Buyer electronically orders for the purchase of the products of the Seller over www.anistudio.co or other domain names linked to the service provided ("Website") and this contract covers the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts.
ARTICLE 3
PRODUCT INFO, PRICE, PAYMENT AND INVOICING
3.1. The basic features of the Products are available on the website of the Seller. The type, quantity, brand ,model, color and sales price including taxes and delivery information of the products are as follows:
Product Info
Unit Price
Sub Total
(VAT included)
TOTAL
3.2. Payment Method and Plan: .....................................
3.3. Billing address: ………..
3.4. The Buyer may cancel the order within two hours after giving the order. It is sufficient to sent an e-mail to anitasavul@gmail.com.
3.5. For overseas orders, taxes and fees regulated by the state authority, belong to the Consumer.
3.6. The cash or deferred price of the goods / service, the down payment price is included in the order form, but it is the price present in the invoice content sent to the customer together with the sample invoice sent to the customer at the end of the order. Discounts, coupons and other items made by the seller are reflected in the sales price and invoice.
3.7. Prices indicated under Article 3.1 are selling prices. Announced prices and commitments are valid until updating and amending. Prices announced to be periodic are valid untill the end of the period.
3.8. Payments are made by the Buyer through money orders, credit cards and debit cards using the methods available on the website.
3.9.Credit cards are subject to confirmations and authorisations set by the issuing institution; but if the institution which gave the credit card has not authorised the Seller for payment, the Seller shall not be held responsable in case of any delay or non-delivery and shall be unable to complete the contract.
3.10. The Seller reserves the legal rights (including the right of terminating the contact and/or demanding payment of total remaining debt with default interest in case one of the installments is not paid by the Consumer) in cases considered as installment sales.
3.11. Unless otherwise stated in any written agreement among parties; shipment fees shall be paid by the Buyer in domestic and overseas orders. Shipment is free for domestic orders exceeding 300 TL.[1] Shipment payments under this amount shall be collected from the Buyer at the stage of completing the order on the website.
3.12. The invoice is issued by the Seller and delivered to the Buyer along with the Products. The Seller reserves the right of implementing other methods with respect to electronic invoicing/e-archive legislations.
ARTICLE 4
DELIVERY OF THE GOODS AND METHOD OF DELIVERY
4.1. The contract enters into force upon approval by the Buyer, and it is fulfilled by the delivery of the Goods / Service from the Seller to the Buyer. The goods / services will be delivered to the person (s) at the address specified in the Buyer's order form and this contract.
4.2. After the order is placed, the procurement process will start and the confirmation & cargo tracking number will be shared within 5 working days.
4.3.Products are delivered to the delivery address specified by the Buyer or the person / organization at the address indicated by the Buyer, through the contracted cargo company of the Seller, packed, in accordance with the order, intact, complete, along with the invoice and with the user manual and warranty document, if any.
4.4. If Products are going to be delivered to a person/institution (designated by the Buyer) other than the Buyer, the Seller shall not be held responsible in case such person/institution refuses the delivery or cannot be reached.
4.5. Delivery shall not be made if ambiguous places such as car park, front of gates or parks are indicated as the delivery address.
4.6. The Buyer is obliged to check the Products as soon as he receives them and to immediately notify the Seller of any defects in writing. Otherwise, it is deemed to have accepted the products as defective.
4.7. Delivery address:.................
4.8. Delivery Persons: ....................
ARTICLE 5
DELIVERY COSTS AND PERFORMANCE
5.1 Delivery costs of the Goods / Service belong to the Buyer. Article 3.11 for domestic orders is reserved. If the seller declares on the website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.
5.2. Delivery of goods shall be made within the promised period after the stock of the seller is available and the payment is made.
5.3. The seller delivers the Goods / Service within 30 (thirty) days from the order of the Goods / Service by the Buyer in domestic orders and reserves the right to extend an additional 10 (ten) days by written notification within this period. For international orders, the delivery time varies according to the countries. The Seller is not responsible for delays which are not caused by him.
5.4. If, for any reason, the Goods / Service fee is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Goods / Service.
ARTICLE 6
BUYER'S DECLARATIONS AND COMMITMENTS
6.1. The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics of the product, the sales price, the payment method and the delivery on the Website, and that he has given the necessary confirmation electronically.
6.2. By confirming this Contract and the Briefing Form electronically, the Buyer has confirmed that the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the products ordered, the price of the products including taxes, payment and delivery information are also correct and complete.
6.3. The Buyer shall inspect the Products subject to the Contract before receiving them. In case of receiving the damaged and defective Products from the courier company, the responsibility belongs entirely to the Buyer. Products received by the buyer from the cargo company officer shall be deemed undamaged and intact. In case of defects noticed in the product after delivery, the Buyer must immediately notify the Seller of the defects in writing, within 30 days at the latest, through the communication channels specified, otherwise, it is deemed to have accepted the good as defective. Upon this notification, the Parties will contact the seller to resolve the problem, and if the Seller needs to make an investigation to confirm the defect, the Consumer must return the product to the Seller with the invoice provided with the product at the time of delivery. The seller will examine the returned product in detail and notify the Consumer of the result of the examination via e-mail within a reasonable time, and if the products are confirmed to be defective, the optional rights that the consumer can use will be notified. If a refund is decided, the refund of the money received from the buyer will be made to the credit card used within 14 (fourteen) days. The delivery fee for the return of the defective goods belongs to the Seller providing that the delivery is carried by the contracted courier company. The buyer shall carry out the return process in accordance with the instructions on the website.
6.4.If the relevant bank or financial institution does not pay the price of the goods / services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons after the delivery of the products, the Buyer is obliged to return teh Product to the Seller within 3 (three) days. In this case, delivery costs belong to the Buyer.
6.5. In the event that the price of the Products is not paid to the Seller for any reason, the Buyer returns the Products to the Seller at his own expense within 3 days at the latest from the notification of the Seller. The Seller reserves the right to demand the price of the Product and all other legal rights and claims.
ARTICLE 7
SELLER'S DECLARATIONS AND COMMITMENTS, FORCE MAJEURE
7.1. The Seller is responsible for delivering the Contractual Goods / Service to the Buyer in accordance with the Consumer Legislation, in a sound, complete shape, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
7.2. The Seller may supply a different Product of equal quality and price by informing the Buyer and obtaining his written consent, upon the understanding that the Products ordered cannot be supplied for a justified reason, before the delivery time.
7.3. If the delivery of the Products becomes impossible, the Seller notifies the Buyer of this situation before the contractual performance obligation expires and returns the total price to the Buyer within 10 (ten) days.
7.4. Situations that are not present or foreseen at the date of signing the contract, that develop outside the control of the parties, which make it impossible for one or both of the parties to fulfill their obligations partially or completely or to fulfill them on time, such as natural disaster, terrorism, war, terror, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc. are considered as force majeure. The party facing force majeure shall notify the other party immediately and in writing.
7.5. No liability shall arise due to the failure of the parties to fulfill their actions during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 8
THE RIGHT OF WITHDRAWAL
8.1. In relation to domestic orders in Distant Sales Contracts, the Buyer may exercise the right of withdrawal from the contract within 14 (fourteen) days after the delivery of the Product to the Buyer or to the person/institution designated by Buyer , without any legal or penal responsibiliy and without any justificaiton
8.2. To exercise the right of withdrawal, the Consumer should within 14 (fourteen) days fill the enclosed Withdrawal Form and inform the Seller in writing through the website or via registered mail, electronic mail or fax.
8.3. The Buyer should return the Product to the Seller at latest 10 (ten) days after the Buyer informs the Seller on exercising the right of withdrawal. All sales returns should be made definetly without any impairment in the package. Return Products should be delivered to the Seller with their box, a copy of the invoice, package and standard accesories if there are any. The Buyer should carry through this return process in conformity with the explanations on the website.
8.4. For the execution and completion of the return procedure, a mail should be sent to email address being anitaşavul@gmail.com and it is necessary to indicate the shipment code of the product and send it back to Antebies.
8.5. The Seller is obliged to return the total price paid and the documents that put the Buyer under debt, for a period of 14 (fourteen) days at the latest upon the return of the Products.
8.6. The Seller shall realise all return payments mentioned in 8.5. at once, and in conformity with the payment tool used by the Buyer at the time of purchase, and without causing any expense or obligation to the Consumer.
8.7. In case the Buyer uses credit card installment option at time of the purchase, refund to the bank shall be made at once, and if the Bank pays this sum to the Buyer in terms of installments it is not considered to be a breach of this article.
8.8. Shipment price of returned Products due to the use of the right of withdrawal, shall be undertaken by the Seller, providing that the return shipment is carried out by the contracted courier firm.
8.9. In case there is a decrease in the value of products the Buyer receives, it shall not constitute an obstacle for the use of right of withdrawal. However,the Buyer is obliged to indemnify the Seller for the decrease in the value of the product if such decrease is caused by the Buyer.
ARTICLE 9
CONDITIONS IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
9.1. Right of Withdrawal cannot be exercised under the following conditions:
a) Contracts in relation to goods and services whose prices change accoring to the fluctuations in financial markets and are not under the control of seller or the supplier.
b) Contracts in relation to products prepared as per the demands and personal needs of the consumer.
c) Contracts in relation to delivery of goods which can easily rot or can easily expire.
d) Contracts in relation to the delivery of such products whose return is inappropriate with respect to health and hygene, of the goods whose protective elements such as packages, tapes, seals and boxes are openned after delivery,
e) Contracts in relation to goods which are mixed with other products after delivery and their separation is not possible due to their nature.
f) Contracts in relation to books, digital contents, somputer consumables presented in physical medium in which their protective elements such as packages, tapes, seals and boxes are opened after delivery of goods.
g) Contracts in relation to delivery of periodicals such as newspapers and magazines, except for those supplied under subscription agreements,
h) Contracts in relation to leisure activities for purpose of housing, moving, rent a car, catering and entertainment or relaxation that are supposed to be realised on a certain date or period.
i) Contracts in relation to services executed in electronic media or non-material goods spot-delivered to consumer
j) Contracts in relation to services which have started to be exercised with the approval of the consumer before the expiry of the right for withdrawal
k) In case of overseas purchases, the Buyer/Consumer does not have the right of withdrawal. The Buyer/Consumer has the right of return for defection only. In overseas purchase orders when the Buyer notices that the Product is defected, the Buyer/Consumer is obliged to immediately or latest after 7 days of delivery, inform the Seller in writing of the defection through designated communication channels. Otherwise the Buyer/consumer shall be considered to have accepted the defected good. The Buyer should return the good to the Seller with the invoice given at time of delivery, in case the Seller demands an examination. The Seller shall examine the product in detail within a reasonable time and send an e-mail to the Buyer a notice about the right of refund (if any). If it is detected that the product is defected, refund of the money received from the Buyer should be made to the credit card the Buyer uses, 14 (fourteen) days after the notice of confirmation that the product is defected. Delivery price in relation to the return of the defected product shall be paid by the Seller, providing that the goods are returned by the contracted courier firm.
ARTICLE 10
INFORMATION ABOUT PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL RIGHTS
10.1. Name, surname, e-mail address of the Buyer, data which can be defined as personal data within the scope of the Personal Data Protection Law No.6698, identity number, communication channels information, address, financial data, etc. can be recorded, stored in written / magnetic archives, used, updated, transferred and processed in other forms, shared by the Seller, Seller affiliates and third parties and / or organizations; in order to fulfill the contract and other contracts and to ensure that the technical, logistics and other similar functions of third parties are performed on behalf of the Seller; also for taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, using in marketing activities about orders, updating the information of the Buyer and managing and maintaining memberships and distant sales between the Buyer and the Seller. Detailed information can be accessed via the Clarification Text on Personal Data and Terms of Use and Privacy Policy texts on the website.
10.2. The Seller may reach the Buyer via text message, instant notification, automatic call, communication through computer, telephone for credit card and membership information, transaction and applications for the purpose of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services in accordance with the current legislation. Commercial electronic communications can be made by e-mail / mail, fax, other electronic means of communication. The Buyer has accepted to be sent commercial electronic messages. Tne Buyer is informed that he can always withdraw this acceptance.
10.3. The necessary precautions for the security of the information and transactions entered by the Buyer on the Website are taken within the scope of the current technical possibilities according to the nature of the information and transaction in the system infrastructure of the Seller. However, since the information in question is entered from the devices belonging to the Buyer, it is the responsibility of the Buyer to take necessary measures, including those related to viruses and similar harmful applications, in order to protect them by the Buyer and not to be accessed by unrelated persons.
10.4. Regarding all kinds of information and content of the Website and their arrangement, revision and partial / full use; except for those belonging to other third parties according to the Seller's agreement; all intellectual and industrial rights and property rights belong to Anita Şavul.
10.5. Concerning other sites accessed from the Website, the Seller is not responsible for any disputes and negative consequences that may arise from their privacy-security policies and terms of use.
ARTICLE 11
DEFAULT STATE AND LEGAL RESULTS
11.1. If the Buyer goes into default in the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The Bank may request the costs and the attorney's fee from the Buyer, and in any case, in the event that the Buyer goes into default due to the debt, the Buyer agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.
ARTICLE 12
NOTIFICATIONS AND EVIDENCE AGREEMENT
12.1.All kinds of correspondence between the Parties within the framework of this Contract will be made via e-mail, except for the obligatory cases listed in the Law.
12.2. The Parties have accepted in advance that the addresses and e-mail addresses specified in the Contract are valid notification addresses, and unless the changes in the mentioned addresses are notified to the other party in writing, the notifications sent to these addresses will have all consequences of a legally valid notification and will be deemed to have been served.
12.3.The Buyer accepts that, in case of disputes arising from this Agreement, the Seller 's official books and commercial records, electronic information and computer records kept in its database and servers shall constitute binding, conclusive and exclusive evidence, within the meaning of article 193 of the Code of Civil Procedure of this article, and declares and undertakes that it is in the nature of an evidence agreement.
ARTICLE 13
RESOLUTION OF DISPUTES
13.1. The Buyer, as a consumer, can reach the Seller through the telephone and e-mail channels given above and submit his / her complaints regarding the problems experienced during or after the shopping on the website of the Seller.
13.2. Moreover, to be valid within the boundries of Turkish Republic, in case the Parties are unable to solve the disputes arising from this contract through negociations, the Parties may resort to legal procedures at the City where the transaction is made or where the Consumer resides, through a Consumer Arbitral Committe, arbitration offices, execution offices and/or Consumer Courts; in accordance with the monetary limits determined by Law for Protection of Consumer No. 6502 and other legislation.
13.3. Turkish Law shall be applied to this contract.
13.4. For disğutes in relation to overseas purchases, The Parties shall first try to solve problems through negotiations performed under rules of good faith. In case the Parties cannot solve the disputes in this way, İzmir Courts and Execution Offices are authorised for all disputes arising from this contract.
ARTICLE 14
VALIDITY AND ENFORCEMENT
The parties may amend the articles of this contract in written and signed form. The invalidity of one of the contract clauses does not invalidate the entire contract. This Contract, consisting of 14 (fourteen) articles, has been read by the Parties, approved by the Buyer electronically, and entered into force immediately. … /… / ……
SELLER
CONSUMER/BUYER
[1] Seller reserves the right for changing/cancelling this price determined as a limit for free delivery.