1. PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the agreement)
B. ‘SELLER’; (hereinafter referred to as “SELLER” in the agreement)
NAME-SURNAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall refer to the written explanations they contain.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised in exchange for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on behalf of a supplier.
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The SELLER’s website.
ORDER: A natural or legal person who requests a good or service through the SELLER’s website.
PARTIES: The SELLER and the BUYER.
CONTRACT: This agreement between the SELLER and the BUYER.
GOODS: Movable goods and software, audio, video, and similar intangible goods prepared for use in an electronic environment, which are the subject of the transaction.
3. SUBJECT
This Agreement governs the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER’s website.
The prices listed and announced on the website are the sales prices. The advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Sybell Wear
Address: Tekirdağ Çerkezköy Gazi Mustafa Kemal Paşa Mahallesi Özcan Sokak no:10/B Mirando
Phone: +90 552 011 62 05
Fax:
Email: info@sybellwear.com
5. BUYER INFORMATION
Delivery Person
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT
7.1. The basic characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER’s website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. They are valid until the campaign date.
7.2. The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Unit Price
Subtotal
(VAT Included)
Shipping Amount
Total:
Payment Method and Schedule
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/Username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on the SELLER’s website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address that should be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, all of which are accurate and complete.
9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s residence, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to this contract complete, in accordance with the specifications specified in the order, and with any warranty documents, user manuals, and any necessary information and documentation. It acknowledges, declares, and undertakes to perform the work in accordance with the principles of honesty and integrity, free from any defects, in accordance with legal requirements, and in accordance with standards. It maintains and improves the service quality. It demonstrates the necessary care and diligence during the performance of the work, and acts with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express approval before the expiration of the contractual performance obligation.
9.5. If the SELLER is unable to fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, the SELLER acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of learning of this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes to electronically confirm this Agreement for the delivery of the contractual product.
If, for any reason, the price of the contractual product is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the contractual product will terminate.
9.7. BUYER acknowledges, declares, and undertakes that, if the price of the contracted product is not paid to SELLER by the relevant bank or financial institution due to unauthorized use of BUYER’s credit card after the product is delivered to BUYER or to the person and/or organization at the address specified by BUYER, BUYER will return the contracted product to SELLER within 3 days, with shipping costs to be borne by SELLER.
9.8. If the SELLER is unable to deliver the contracted product within the specified time due to force majeure events beyond the parties’ control, unforeseen circumstances that prevent and/or delay the fulfillment of the parties’ obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contracted product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing circumstances are resolved. If the BUYER cancels the order, the price of the product will be paid in cash and in a lump sum within 14 days.
For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER’s cancellation of the order. BUYER acknowledges, declares, and undertakes that the average time it takes for the bank to reflect the amount refunded to the BUYER’s credit card into the BUYER’s account can be 2 to 3 weeks. Since the reflection of this amount in the BUYER’s account after the refund to the bank is entirely related to the bank transaction process, BUYER cannot hold SELLER responsible for any possible delays.
9.9. SELLER has the right to contact BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means, using the address, email address, landline and mobile telephone lines, and other contact information provided by BUYER on the site registration form or subsequently updated by BUYER. By accepting this agreement, BUYER acknowledges and declares that SELLER may engage in the aforementioned communication activities.
9.10. BUYER shall inspect the goods/services subject to this agreement before receiving them; check for any damage such as dents, breaks, torn packaging, etc. Damaged and defective goods/services will not be accepted from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. In the event that the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability is detected in relation to the credit card used before the delivery of the product to the BUYER, the SELLER may request the BUYER to present the identity and contact details of the credit card holder, the statement of the previous month of the credit card used in the order, or a letter from the cardholder’s bank confirming that the credit card belongs to him/her. The order shall be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is true, and that he/she shall immediately, in cash and in full, indemnify the SELLER for all damages that the SELLER may incur due to the inaccuracy of such information, upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the applicable legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising shall be borne solely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a manner that infringes upon the material and moral rights of others. In addition, the member may not engage in any activities that prevent or make it difficult for others to use the services (such as spam, viruses, trojans, etc.).
9.15. Through the SELLER’s website, links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and operated by third parties. These links are provided for the convenience of directing the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the provisions listed in this Agreement shall be personally and legally responsible for such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Furthermore, if the matter is brought into the legal sphere due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
- RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts relating to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date the product is delivered to the BUYER or to the person/organization designated by the BUYER, by notifying the SELLER, without assuming any legal or penal liability and without providing any justification, by rejecting the goods. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. In service contracts where the performance of the service has started with the consumer’s approval before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER within 14 (fourteen) days via registered mail with return receipt, fax, or email, and the product must not fall under the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” specified in this contract. In the event that this right is exercised:
a) The invoice of the product delivered to the person or the BUYER must be returned. (If the invoice of the product to be returned is issued to a corporate entity, it must be returned together with a return invoice issued by the corporation. Returns of orders invoiced on behalf of corporate entities cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The packaging, box, and, if any, standard accessories of the product to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total payment and documents that bind the BUYER to debt to the BUYER within 10 days at the latest from the date the withdrawal notification reaches them, and to accept the return of the goods within 20 days.
e) If the product loses value due to the BUYER’s fault or becomes impossible to return, the BUYER is obliged to compensate the SELLER’s damages to the extent of their fault. However, the BUYER is not responsible for changes or deteriorations caused by the proper use of the product during the withdrawal period.
f) If the use of the right of withdrawal causes the total amount of the SELLER’s campaign to fall below the campaign limit, the discount amount benefited from within the campaign shall be canceled.
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- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly in accordance with their personal needs, products that are not suitable for return, underwear bottoms, swimsuits and bikini bottoms, cosmetic products, disposable products, goods that are likely to perish quickly or may expire, products which, after being delivered to the BUYER, have had their packaging opened and are unsuitable for return for health and hygiene reasons, products that are mixed with other items after delivery and by nature cannot be separated, goods such as newspapers and magazines other than those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data storage and data recording devices, computer consumables whose packaging has been opened by the BUYER cannot be returned under the Regulation.
Furthermore, services whose performance has started with the consumer’s approval before the end of the withdrawal period are also not subject to the right of withdrawal under the Regulation.
For cosmetics and personal care products, underwear products, swimwear, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridges, ribbons, etc.), their packaging must be unopened, untested, intact, and unused in order for them to be returned.
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- DEFAULT AND LEGAL CONSEQUENCES
In cases where the BUYER makes payments by credit card and falls into default, the BUYER accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement concluded with the card-issuing bank and that they will be responsible to the bank. In such cases, the relevant bank may pursue legal remedies, may demand costs and attorney’s fees from the BUYER, and in any case, the BUYER accepts, declares, and undertakes that in the event of default due to their debt, they will compensate the SELLER for damages and losses suffered due to delayed performance of the debt.
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- COMPETENT COURT
In disputes arising from this contract, complaints and objections may be filed to the consumer arbitration committee or consumer court located at the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law. Monetary limit information is as follows:
As of 01/01/2017, for applications to consumer arbitration committees in 2017:
a) District consumer arbitration committees are authorized for disputes with a value below 2,400 (two thousand four hundred) Turkish Liras.
b) Provincial consumer arbitration committees are authorized for disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status.
c) Provincial consumer arbitration committees are authorized for disputes below 3,610 (three thousand six hundred ten) Turkish Liras in the centers of provinces without metropolitan status.
ç) Provincial consumer arbitration committees are authorized for disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Liras in districts affiliated with provinces without metropolitan status.
This Agreement is executed for commercial purposes.
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- ENFORCEMENT
When the BUYER completes the payment for the order placed on the Website, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER, before the order is finalized, that this contract has been read and accepted on the site.
SELLER: Sybell Wear
BUYER:
DATE: