Distance Sales Agreement

PRELIMINARY INFORMATION

ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Title: İPEKÇİ OTANTİL TEXTILE INDUSTRY TRADE CO. LTD.
Address: Akçeşme Mah 2020/1 Street No: 19/ B Merkezefendi – DENİZLİ
Phone: +90 850 309 22 59
Fax: ******
ARTICLE 1.2 – BUYER
A customer is a person who becomes a member of the ipekciotantik.com shopping site. The address and contact information provided during registration are used as a basis.
ARTICLE 2 FEATURES OF THE PRODUCT FOR SALE
The basic features of the goods or services are available at www.ipekciotantik.com. You can review the basic features of the product throughout the campaign period.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.
The shipping fee, which is the cost of shipping the product, will be paid by the BUYER and is not refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that it has read and is familiar with the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contractual product on the *ipekciotantik.com website and has provided the necessary confirmation electronically. By electronically confirming this Preliminary Information, the BUYER confirms that it has obtained the correct and complete address, basic specifications of the ordered products, the price of the products including taxes, payment, and delivery information that must be provided to the BUYER by the SELLER before the conclusion of distance contracts.
3.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address specified by him/her within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
3.3) The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and the failure to deliver the ordered product to the BUYER.
3.4) The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiry of the contractual obligation to perform and refund the total price to the BUYER within 10 days.
3.7) This Preliminary Information Form must be confirmed electronically for delivery of the product. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
3.8) If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs will be the BUYER's responsibility.
3.9) If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery period until the impeding condition is eliminated. If the BUYER cancels the order, the amount paid by the BUYER will be refunded to the BUYER in cash and in one lump sum within 10 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after its return to the bank is entirely dependent on the bank transaction process, the BUYER acknowledges in advance that the SELLER will not be able to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account.
ARTICLE 4 RIGHT OF WITHDRAWAL
In distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product (excluding concert and event tickets) to the BUYER or the person/organization at the address provided, without assuming any legal or criminal liability and without providing any justification. In distance contracts for the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. Expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER.
In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 days and the product must not have been used within the framework of the provisions of Article 5. In case of exercising 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 a corporate product, it must be sent together with the return invoice issued by the corporate product. Returns of orders whose invoices are issued in the name of corporate products cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest 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 or return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER for damages to the extent of his fault.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
g) The shipping cost paid when sending the returned product back to the seller due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.
h) SELLER does not refund the shipping fee collected from BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return goods that are prepared in accordance with the BUYER's wishes or clearly in line with his personal needs, that are not suitable for return due to their nature, that are in danger of deterioration or have expired, and sound or image recordings, software programs and computer consumables, provided that the packaging has been opened by the BUYER.
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court where the SELLER purchased the goods or services or where the SELLER resides, within the monetary limits determined each December by the Ministry of Industry and Trade of the Republic of Turkey. Information regarding the monetary limits is provided below:
Effective January 1, 2012:
a) The lower monetary limit for the binding nature of the decisions of the arbitration committees for consumer problems in the 5th and 6th paragraphs of the amended 22nd article of the Law on Consumer Protection No. 4077 is 1,161.67 TL,
b) In the third paragraph of the 5th article of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to hear the disputes is 3,032.65 TL.
This Preliminary Information is made for commercial purposes.
DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: İPEKÇİ OTANTİK TEXTILE INDUSTRY TRADE CO. LTD.
Address: Akçeşme Mah 2020/1 Street No: 19/ B Merkezefendi – DENİZLİ
Phone: +90 850 309 22 59
Fax: ****
Email address: destek@ipekcitekstil.com
1.2 – BUYER
A person who is a member of the shopping site *ipekciotantik.com as a customer.
The address and contact information used when registering is taken into account.
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.ipekciotantik.com.
ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that he/she has read and is aware of the preliminary information on the website ipekciotantik.com regarding the basic characteristics of the contractual product, the sales price including all taxes, the payment method, delivery and the fact that the costs thereof will be covered by the BUYER, the delivery period and the full commercial title, full address and contact information of the SELLER, and has given the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the Consumer by the Seller before the conclusion of distance contracts, accurately and completely.
4.2 The product subject to this contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that the legal 30-day period does not exceed this period. All shipping costs related to delivery specified in Article 3 will be covered by the BUYER and will be reflected in the invoice for the order under the heading "Shipping Fee."
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and the failure to deliver the ordered product to the BUYER.
4.5 The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the contractual performance obligation, provided that it has a justified reason.
4.7 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiry of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.
4.8 For the delivery of the contracted product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
4.9 The BUYER acknowledges and agrees that the credit card information entered into the system during shopping is accurate and that they are responsible for any and all legal and criminal liability arising from the use of this credit card. If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after delivery of the product, the product must be returned to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER. If the BUYER does not return the product, if the product fee is not charged to the credit card for any reason, or if the product fee is refunded to the credit card, the product fee will be transferred to the SELLER's bank account without any further notice.
4.10 If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash and in one lump sum within 10 days.
4.11 Points awarded to customers through a campaign by the SELLER are valid for a single purchase only. These points are not refundable even if the product is returned.
For payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the refund to the bank depends entirely on the bank's transaction process, the BUYER acknowledges that the SELLER will not be able to intervene in any way to prevent possible delays, and that it may take an average of 2 to 3 weeks for the bank to reflect the amount refunded to the SELLER's credit card in the BUYER's account.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal without having to give any reason within 14 days from the delivery of the contractual product to him or to the person/organization at the address he has indicated.
However, products specially prepared, offered for sale and/or imported for certain days such as New Year's Eve, holidays, Mother's Day, and campaign and promotional products cannot be returned; the BUYER accepts these terms and conditions and makes the purchase.
In order to exercise the right of withdrawal, the SELLER must be notified by fax or email within 14 days and the product must not have been used in accordance with the provisions of Article 6. In case of exercising this right,
a) The invoice for the product delivered to the 3rd party or the BUYER (If the invoice for the product to be returned is a corporate product, it must be sent along with the return invoice issued by the corporate product. Returns of orders with invoices issued in the name of corporate products will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned within 14 days must be returned complete and undamaged, including the box, packaging, and any standard accessories. The product price will be refunded to the BUYER within 10 days of receipt of these documents by the SELLER.
The shipping cost of a product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER will not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery must also be returned (to ensure consistency in our accounting records). If the invoice is not returned to the SELLER along with the product or, at the latest, within 5 days of the product's shipment, the return will not be processed and the product will be returned to the BUYER in the same manner, with the return payment. The invoice to be returned with the product must be marked "return invoice" and signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, returns of single-use products, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted.
ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER's default, BUYER agrees to pay SELLER's losses and damages arising from delayed performance of the debt. In cases where BUYER's default is due to SELLER's fault, BUYER shall not be obligated to cover any claims for loss or damage.
ARTICLE 8 – COMPETENT COURT
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court where the SELLER purchased the goods or services or where the SELLER resides, within the monetary limits determined each December by the Ministry of Industry and Trade of the Republic of Turkey. Information regarding the monetary limits is provided below:
Effective as of 28/05/2014;
a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, it is mandatory to apply to district consumer arbitration committees for disputes valued under two thousand Turkish Lira; to provincial consumer arbitration committees for disputes valued under three thousand Turkish Lira; and to provincial consumer arbitration committees in provinces with metropolitan status for disputes valued between two thousand Turkish Lira and three thousand Turkish Lira. Applications to consumer arbitration committees are not permitted for disputes exceeding these values.
b) In disputes over the specified value, an application must be made to the Consumer Court, or in places where there is no Consumer Court, an application must be made to the Civil Courts of First Instance acting as Consumer Courts.
This preliminary information is provided for commercial purposes.
Please Note: Before signing the cargo report, please check your package for any damage caused by transport. If your package is damaged for any reason, please return it to the shipping representative for a report to be filed without signing any delivery documents. We will immediately ship your new products to you. If products with damaged cargo packages are received, ipekciotantik.com is not responsible for any damage or missing items.
15.All these terms and conditions are subject to Turkish Law.