DISTANCE SALE AGREEMENT
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B.'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
Fashion Brands Accessories Import Export Paz. Singing. ve Tic. Ltd. Sti.
ADDRESS: Horhor Caddesi No 5 / A Aksaray Fatif İstanbul
By accepting this contract, the PURCHASER agrees in advance that he / she will be under the obligation to pay the additional price specified as the subject of the order and the additional charges such as shipping fee and tax if he / she approves the order.
ARTICLE 1 - (1) The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.
ARTICLE 2 - (1) This Regulation is applied to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunications operators through public telephone,
ç) Services regarding betting, sweepstakes, lottery and similar games of chance,
d) Formation, transfer or acquisition of immovable property or rights related to these properties,
e) Housing rental,
f) Package tours,
g) Timeshare, timeshare, long-term holiday service and their resale or exchange,
ğ) Taking daily consumption items such as food and beverages to the consumer's home or workplace within the framework of regular deliveries of the seller,
h) Passenger transport services, provided that the obligation set out in paragraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations under Articles 18 and 19 are reserved,
ı) Assembly, maintenance and repair of the goods,
i) Social services to support families and people such as nursing home services, child, elderly or patient care
does not apply to contracts.
ARTICLE 3 - (1) This Regulation has been prepared based on Articles 48 and 84 of the Law No. 6502 on Consumer Protection dated 7/11/2013.
ARTICLE 4 - (1) In the implementation of this Regulation;
a) Digital content: All kinds of digitally presented data such as computer program, application, game, music, video and text,
b) Service: The subject of any consumer transaction other than providing goods that are made or committed to be made for a fee or benefit,
c) Permanent data storage: Short message, e-mail, internet, disk, CD, DVD, which allows the information sent by the consumer or sent to it to be recorded and copied unchanged in a way that allows this information to be examined for a reasonable period of time, for the purpose of this information, memory card and all kinds of similar vehicles or media,
ç) Law: Law No. 6502 on Consumer Protection,
d) Goods: The subject of shopping; movable goods, residential or holiday immovable goods and all kinds of intangible goods such as software, audio, video and similar materials prepared for use in electronic environment,
e) Distance contract: Contracts established between the parties until the contract is established and including the moment of its establishment, without the simultaneous physical presence of the seller or supplier, within the framework of a system established for the remote marketing of goods or services,
f) Provider: The real or legal person, including public legal persons, who provides services to the consumer for commercial or professional purposes, or acts on behalf or account of the service provider,
g) Seller: Real or legal person, including public legal persons, who provides goods to the consumer for commercial or professional purposes or acts on behalf or account of the goods provider,
ğ) Consumer: Real or legal person acting for commercial or non-professional purposes,
h) Remote communication tool: Any means or environment that allows for the establishment of a contract without physically confronting such as letters, catalogs, telephones, fax, radio, television, e-mail messages, text messages, internet,
ı) Ancillary contract: The contract regarding the goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, provider or a third party in relation to a distance contract
Preliminary Information Obligation
ARTICLE 5 - (1) The consumer must be informed by the seller or the provider, including all of the following, before establishing the distance contract or accepting any corresponding offer.
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or provider, MERSIS number, if any,
c) The full address, phone number and similar contact information of the seller or provider, which allows the consumer to contact the seller or provider quickly, and the identity and address of the person acting on behalf of the seller or provider, if any,
ç) If the seller or provider has different contact information than those specified in item (c) to convey the complaints of the consumer, information regarding them,
d) The total price of the goods or services, including all taxes, if the quality cannot be calculated in advance, the method of calculating the price, any additional transportation, delivery and similar additional costs, and if they cannot be calculated in advance, additional costs can be paid,
e) In cases where the usage fee of the remote communication tool cannot be calculated over the usual fee schedule during the establishment of the contract, the additional cost charged to the consumers,
f) Information regarding payment, delivery, performance, commitments regarding these, if any, and solution methods of the seller or provider for complaints,
g) Where there is a right of withdrawal, information regarding the conditions, duration, procedure of using this right and the carrier that the seller foresees for return,
ğ) Open address, fax number or e-mail information to which the withdrawal notification will be made,
h) In case the right of withdrawal cannot be exercised pursuant to Article 15, information regarding whether the consumer cannot benefit from the right of withdrawal or under which conditions it will lose its right to withdraw,
ı) Deposits or other financial guarantees and related conditions that must be paid or provided by the consumer, if any, at the request of the seller or provider,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information on which hardware or software the digital content can work with, whether the seller or provider knows or is expected to know reasonably,
k) Information that consumers can lodge their applications for dispute with the Consumer Court or the Consumer Arbitration Committee.
(2) The information specified in the first paragraph is an integral part of the distance contract and this information cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or supplier does not fulfill the obligation to inform about the additional costs in paragraph (d) of the first paragraph, the consumer is not obliged to cover them.
(4) The total price in subparagraph (d) of the first paragraph must include the total costs for each billing period in indefinite-term contracts or fixed-term subscription contracts.
(5) In contracts set up by auction or auction, information regarding the auctioneer may be included in place of the information in paragraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof that the pre-notification has been made belongs to the seller or the supplier.
Preliminary information method
ARTICLE 6 - (1) The consumer shall write in writing or permanent data by the seller or the provider in an understandable language, clear, plain and readable in an understandable language, in accordance with the remote communication tool used, in all matters specified in the first paragraph of Article 5. must be informed with his keeper.
(2) If the distance contract is established via the internet, the seller or supplier;
a) Without prejudice to the obligation to inform in the first paragraph of Article 5, the information contained in paragraphs (a), (d), (g) and (h) of the same paragraph as a whole is clearly before the consumer is under the obligation to pay. also show,
b) To clearly and clearly indicate whether any shipping restrictions apply and which payment instruments are accepted, before placing the consumer order at the latest.
It is difficult.
(3) If the distance contract is established through voice communication, the seller or the provider clearly and understandably mentioned in the subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, immediately before ordering the consumer. and to send all of the information in the first paragraph of Article 5 until the delivery of goods or service performance, in writing, at the latest.
(4) In the event that a distance contract is established through an environment where the information regarding the order is presented in a limited area or time, the seller or supplier is included in the paragraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5. In such matters, it is obligatory to inform the consumer in a clear and understandable manner immediately before placing the order and to send all of the information in the first paragraph of Article 5, in writing, until the delivery of the goods or service at the latest.
(5) In the contracts regarding service sales established and executed instantly by the methods specified in the third and fourth paragraphs, just before the order of the consumer, the first clause of the first paragraph of the article 5 is included in the paragraphs (a), (b), (d) and (h). It is sufficient to inform clearly and comprehensively about the issues.
Confirmation of prior information
ARTICLE 7 - (1) The seller or supplier must ensure that the consumer confirms that he has obtained preliminary information by means of the methods specified in Article 6 in accordance with the remote communication tool used. Otherwise, the contract is deemed not to be established.
Other obligations related to preliminary information
ARTICLE 8 - (1) The seller or supplier must inform the consumer in a clear and understandable way immediately before the consumer approves the order that the order placed means payment obligation. Otherwise, it is not affiliated with the consumer order.
(2) In case the consumer is called by the seller or provider for the purpose of establishing a distance contract, he / she should explain the identity of the seller or provider at the beginning of each meeting, the identity of the person if he / she is calling on behalf of someone else or his account and the commercial purpose of the interview.
Use of Right of Withdrawal and Obligations of the Parties
Right to withdraw
ARTICLE 9 - (1) The consumer has the right to withdraw from the contract within fourteen days without showing any justification and without penal terms.
(2) The right of withdrawal is the day on which the contract is established in contracts related to service performance; In contracts regarding the delivery of goods, the day starts when the consumer or the third party determined by the consumer receives the goods. However, the consumer can use the right of withdrawal from the establishment of the contract to the delivery of the goods.
(3) In determining the duration of the right of withdrawal;
a) The day of receipt of the final good of the consumer or the third party determined by the consumer in the goods that are subject to single order and delivered separately,
b) On the goods consisting of more than one piece, the day the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or the third party determined by the consumer receives the first good.
is taken as basis.
(4) Delivery of the goods to the carrier by the seller is not accepted as delivery to the consumer.
(5) In contracts where the delivery of goods and services are performed together, the right of withdrawal provisions regarding the delivery of goods are applied.
ARTICLE 10 - (1) The seller or supplier is obliged to prove that the consumer is informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by a period of fourteen days to exercise his right of withdrawal. In any case, this period expires one year after the withdrawal period ends.
(2) If the necessary notification about the right of withdrawal is made within a period of one year, the term of right of withdrawal of fourteen days begins to operate as of the day this notification is properly made.
Exercise of the right of withdrawal
ARTICLE 11 - (1) It is sufficient to send the notification that the right of withdrawal has been exercised to the seller or provider with written or permanent data storage before the right of withdrawal expires.
(2) In the exercise of the right of withdrawal, the consumer may use the form included in the Annex or make a clear statement informing the decision of withdrawal. The seller or supplier may also offer an option on the website so that the consumer can fill out this form or submit the withdrawal declaration. In the event that consumers are given the right to withdraw from the website, the seller or supplier must immediately convey the confirmation information to the consumer that the withdrawal requests sent by the consumers have been received.
(3) In sales made by voice communication, the seller or supplier must send the form in the Annex to the consumer until the delivery of the goods or service at the latest. The consumer can either use this form to use the right of withdrawal in such sales or use the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the consumer.
Obligations of the seller or provider
ARTICLE 12 - (1) The seller or supplier is obliged to return all payments, including delivery costs, if any, to the consumer, within fourteen days from the date of receipt of the notification that the consumer has exercised his right of withdrawal.
(2) The seller or supplier must make all the repayments mentioned in the first paragraph in one go, in accordance with the payment instrument used by the consumer and without any cost or obligation to the consumer.
(3) In the exercise of the right of withdrawal, the consumer cannot be held responsible for the costs related to the return, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for return in the preliminary information, no fee can be claimed from the consumer regarding the return cost. In case the carrier specified in the preliminary information for return does not have a branch at the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer without any additional costs.
ARTICLE 13 - (1) Unless the seller or supplier makes a proposal that he / she will take back the goods, the consumer must return the goods to the seller or supplier or to the person he has authorized within ten days from the date on which he / she is using the right of withdrawal.
(2) The consumer is not responsible for the changes and deteriorations that occur if they use the goods in accordance with their operation, technical features and instructions for use during the withdrawal period.
The effect of the use of the right of withdrawal on the side contracts
ARTICLE 14 - (1) Provided that the provisions of Article 30 of the Law are reserved, the contracts terminate automatically if the consumer uses his right of withdrawal. In this case, the consumer is not obliged to pay any costs, indemnities or punitive conditions other than those specified in the second paragraph of Article 13.
(2) The seller or supplier must immediately notify the third party, who is a party to the side contract, that the consumer has exercised his right of withdrawal.
Exceptions to the right to withdraw
ARTICLE 15 - (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose price varies due to fluctuations in the financial markets and are not under the control of the seller or provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that may deteriorate quickly or expire.
ç) From the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; Contracts for the delivery of those whose return is ineligible for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and which cannot be separated by their nature.
e) Contracts related to books, digital content and computer consumables, which are presented in a material environment, if 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, except those provided under the subscription agreement.
g) Contracts for accommodation, goods transport, car rental, food and beverage supply and the evaluation of the leisure time for entertainment or rest, which must be made on a specific date or period.
ğ) Contracts relating to the services performed instantly in the electronic environment or the immaterial goods delivered to the consumer instantly.
h) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.
Contract execution and delivery
ARTICLE 16 - (1) The seller or supplier must fulfill its performance within the period it has promised from the date of receipt of the order of the consumer. In goods sales, this period cannot exceed thirty days in any case.
(2) In case the seller or provider does not fulfill its obligation in the first paragraph, the consumer may terminate the contract.
(3) In the event of termination of the contract, the Law on the Statutory Interest and Default Interest dated 4/12/1984 and no. It is obliged to repay with the legal interest determined in accordance with the Article th and return all valuable documents and similar documents that put the consumer under debt, if any.
(4) In cases where the performance of the goods or services subject to the order becomes impossible, the payments of the seller or provider to the consumer in writing or with the permanent data keeper within three days from the date he learned, and all the payments collected, including delivery costs, if any, from the date of notification. It is obligatory to return it in late fourteen days. The fact that the goods are not in stock is not considered to be impossible to fulfill.
Liability for damage
ARTICLE 17 - (1) The seller is responsible for the losses and damages that occur until the delivery of the goods to a third person determined by the consumer or the carrier other than the carrier.
(2) In case the consumer requests the goods to be sent with another carrier other than the carrier determined by the seller, the seller is not responsible for any loss or damage that may occur from the delivery of the product to the relevant carrier.
Telephone usage fee
ARTICLE 18 - (1) In the event that a telephone line is allocated by the seller or the supplier for the consumers to contact regarding the established contract, the seller or the provider cannot choose a tariff higher than the usual fee rate for this line.
ARTICLE 19 - (1) Before the contract is established, the explicit consent of the consumer must be obtained in order to request any additional price, other than the agreed price, arising from the contractual obligation.
(2) If the consumer made a payment due to the fact that the options that create additional payment obligations are offered automatically without the explicit consent of the consumer, the seller or supplier must immediately refund these payments.
Information retention and proof of proof
ARTICLE 20 - (1) The seller or supplier must keep the information and document regarding each transaction regarding the obligations of withdrawal, information, delivery and other matters regulated under this Regulation for three years.
(2) Those who mediate the establishment of distant contracts on behalf of the seller or supplier by using or using remote communication tools within the framework of the system they have created, to keep the records related to the transactions made with the seller or supplier for three years due to the issues in this Regulation and if requested, the relevant institution, is obliged to give to the organization and consumers.
(3) The seller or supplier is obliged to prove that the intangible goods or services delivered to the consumer in electronic environment are indecisive.
Miscellaneous and Final Provisions
ARTICLE 21 - (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.
ARTICLE 22 - (1) This Regulation comes into force three months after its publication.
ARTICLE 23 - (1) The Minister of Customs and Trade executes the provisions of this Regulation.
SAMPLE WITHDRAWAL FORM
(This form can only be filled in when the right to withdraw from the contract is used.
It will be sent.)
- To: (This section to be filled in by the seller or provider will include the name, title, address, fax number and e-mail address of the seller or provider.)
I hereby declare that I exercise my right to withdraw from the contract regarding the sale of the following goods or the provision of services.
-Order date or delivery date:
-Goods or services subject to the right of withdrawal:
The price of the goods or services subject to the right of withdrawal:
-Consumer's name and surname:
-Consumer's signature: (Only if sent on paper)