ARTICLE 1 – PARTIES
SALES PERSON
Commercial Name:
Address:
Telephone :
Seller Mersis Number:
Seller E-mail Address:
Cargo Company to which the Buyer Will Send the Goods to the Seller in Case of Return:
BUYER
Name and surname :
Address:
Telephone :
Email:
ARTICLE 2 - SUBJECT AND SCOPE OF THE CONTRACT
This Distance Sales Agreement ("Agreement") has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement; Buyer's TBC COSTUM ("TBC COSTUM") from the website named [tbccostum.com] ("Website"), with the sale and delivery of Goods/Services with the qualifications specified in the Contract, for which the Seller places an electronic order for the purchase of Goods/Services. It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation. The conclusion of this Agreement will not prevent the fulfillment of the provisions of the website membership agreements concluded by the parties separately with TBC COSTUM, and the parties acknowledge and agree that TBC COSTUM is not a party in any way to the sale of the Goods/Service subject to this Agreement and that it has no responsibility or commitment regarding the fulfillment of the obligations of the parties within the scope of the Agreement. they declare.
ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT (INCLUDING VAT)
bProduct Code and NameQuantitySeller TitleUnit PriceUnit DiscountCouponPointTotal Sales AmountMaturity DifferenceTotal Amount Including VAT
Shipping – Domestic – Free Shipping
Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
Total product price excluding shipping:
Shipping cost:
Total Price Including Shipping:
Payment Method and Plan:
Maturity Difference Received:
Interest rate used in Maturity Difference calculation:
Delivery Terms:
Delivery address:
Person(s) to be Delivered:
THE PRICE OF THE PRODUCT IN SAID IS COLLECTED FROM THE BUYER BY TBC COSTUM ON BEHALF OF THE SELLER WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS TO TBC COSTUM, THE BUYER WILL BE DEEMED TO HAVE PAID THE PRICE OF THE PRODUCT TO THE SELLER.
ARTICLE 4 – DELIVERY OF GOODS AND METHOD OF DELIVERY
The Contract enters into force upon being approved electronically by the Buyer and is completed by the delivery of the Goods/Service purchased by the Buyer from the Seller to the Buyer. The Goods/Service will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person(s) specified.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE
Delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. Delivery of goods; If the Seller's stock is available and within the promised time after the payment is made. The Seller delivers the Goods/Service within 30 (thirty) days from the date the Goods/Service is ordered by the Buyer, without prejudice to the situations in which it becomes impossible to perform the Goods/Service subject to the order. If for any reason the Buyer does not pay for the Goods/Service or the payment is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the Goods/Service.
The Buyer is responsible for the shipping cost in case of order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.
ARTICLE 6 – REPRESENTATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the Goods/Service subject to the Contract on the Website, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically. Buyers, as Consumers, can submit their requests and complaints to the Seller contact information above and/or through the channels provided by the Website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall obtain the address that must be given to the Buyer by the Seller before the conclusion of distance contracts, the basic features of the Goods/Service ordered, the price of the Goods/Service including taxes, payment and delivery. He also confirms that he has obtained the delivery price information accurately and completely. Without inspecting the Goods/Service subject to the Contract before receiving the Buyer; damaged, broken, packaging torn, etc. In case of receiving damaged and defective goods/services from the cargo company, the responsibility rests entirely with the customer. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the Goods/Service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer.
ARTICLE 7 – SELLER'S REPRESENTATIONS AND COMMITMENTS
The Seller is responsible for delivering the Goods/Service subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Service subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, the Seller is obliged to notify the Buyer within 3 (three) days from the date of learning of the situation. If the Goods/Service subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Buyer may return the Goods/Service purchased by using the right of withdrawal within 14 (fourteen) days from the delivery date, without assuming any legal or criminal liability and without giving any justification. The notice of the right of withdrawal and other notifications regarding the Agreement belong to the Seller and/or on the Website. It will be sent via the specified communication channels. SINCE TBC COSTUM IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED AGAINST DP OR A REFUND CANNOT BE REQUESTED FOR TBC COSTUM. In order to exercise the right of withdrawal, it is necessary to notify the Seller within the time limit in accordance with the legislation provisions and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer sends the Goods back to the Seller within 10 (ten) days after exercising the right of withdrawal. b) Within the scope of the right of withdrawal, the Goods box, packaging and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged. Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the Goods will be returned to the Buyer in the same manner as paid. When returning the goods to the Seller, the original invoice submitted to the Buyer during the delivery of the goods must also be returned by the Buyer.
As long as the Buyer sends the Goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary information form, the return shipping fee belongs to the Seller. If the Buyer sends the Goods to be returned by a cargo company other than the Seller's contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return shipping fee and any damage that the Goods may suffer during the shipping process.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised in the following cases: a) In contracts regarding goods or services whose prices change depending on fluctuations in the financial markets and are not under the control of the seller (Jewelry, gold and silver category products) In contracts for the delivery of goods that are not damaged and are in danger of rapid deterioration or that may exceed their expiration date. c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; d) In contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene. d) In contracts regarding goods that are mixed with other products after delivery and cannot be separated by nature. in contracts regarding image recordings, software programs and computer consumables f) in contracts for the delivery of periodicals such as newspapers and magazines other than those provided within the scope of the subscription agreement g) in contracts for accommodation, goods transportation, car rental, food and beverage supply and In contracts regarding the use of free time for entertainment or recreation purposes h) In contracts regarding the performance of services related to betting and lotteries i) In contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires i) In contracts related to the services performed instantly in electronic environment and delivered to the consumer instantly in contracts regarding intangible goods and the Goods/Service subject to the contract, which are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the buyer's residence with regular deliveries of the seller, and travel, accommodation, restaurant business, entertainment The right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the Buyer and the Seller. Cancellation and return conditions for such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules.
ARTICLE 10 – DISPUTE RESOLUTION
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where he resides are authorized, up to the value declared by the Ministry of Customs and Trade. 68th of the Law on Consumer Protection No. 6502. District/province consumer arbitration committees are authorized for consumer requests in line with the lower and upper limits specified in the first paragraph of the article.
ARTICLE 11 – PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form and is the price included in the information e-mail sent at the end of the order and in the invoice sent to the customer along with the product. Discounts, coupons, shipping fees and other applications made by the seller or TBC COSTUM are reflected in the sales price.
ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES
If the Buyer defaults on the transactions made by credit card, the card holder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the Buyer, and in any case, in case of default due to the Buyer's debt, the Buyer will be responsible for the damage and loss suffered by the Seller due to the delayed performance of the Buyer's debt.
ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer acknowledges that in case of disputes that may arise from this Agreement, the official books and commercial records of the Seller and TBC COSTUM, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence, and that this article shall constitute binding, definitive and exclusive evidence, as per Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidentiary contract.
ARTICLE 14 – ENFORCEMENT
This Agreement, consisting of 14 (fourteen) articles, was read by the Parties and approved electronically by the Buyer on 04/07/2017, and entered into force.
SELLER | BUYER