DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the parties mentioned below under the terms and conditions specified herein.
‘BUYER’ (hereinafter referred to as “BUYER” in this agreement):
- Full Name:ADNAN ALCAVARİSA
- Address:EYÜPKENT MAH. 3981 SK. NO: 6 İÇ KAPI NO: 1 EYYÜBİYE/
ŞANLIURFA
‘SELLER’ (hereinafter referred to as “SELLER” in this agreement):
- Full Name:
- Address:
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, they are obliged to pay the order amount as well as any additional fees such as shipping costs and taxes, if applicable, and that they have been informed accordingly.
2. DEFINITIONS
For the purposes of implementing and interpreting this Agreement, the terms listed below shall have the meanings assigned to them as follows:
- MINISTER: Refers to the Minister of Customs and Trade.
- MINISTRY: Refers to the Ministry of Customs and Trade.
- LAW: Refers to the Law on Consumer Protection numbered 6502.
- REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
- SERVICE: Refers to any consumer transaction other than the provision of goods, performed or promised in exchange for a fee or benefit.
- SELLER: Refers to the company offering goods to consumers as part of its commercial or professional activities, or acting on behalf of or for the account of such a company.
- BUYER: Refers to a real or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes.
- WEBSITE: Refers to the website owned by the SELLER.
- ORDER PLACER: Refers to a real or legal person who requests a product or service through the SELLER’s website.
- PARTIES: Refers to the SELLER and the BUYER.
- AGREEMENT: Refers to this agreement executed between the SELLER and the BUYER.
- GOODS: Refers to movable items subject to shopping, as well as intangible goods such as software, audio, video, and similar products prepared for use in electronic environments.
3. SUBJECT
This Agreement governs the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, concerning the sale and delivery of the product, the characteristics and sale price of which are specified below, ordered electronically by the BUYER through the SELLER’s website.
The prices listed and announced on the website are the sale prices. The announced prices and offers remain valid until updated or changed. Prices announced for a specific period remain valid until the end of the specified period.
4. SELLER INFORMATION
- Name:ADNAN ALCAVARİSA
- Address:EYÜPKENT MAH. 3981 SK. NO: 6 İÇ KAPI NO: 1 EYYÜBİYE/
ŞANLIURFA - Phone:+90 534 870 33 17
- Email:info@beautyhome-tr.com
5. BUYER INFORMATION
- Recipient Name:
- Delivery Address:
- Phone:
- Fax:
- Email/Username:
6. ORDER PLACER INFORMATION
- Full Name/Title:
- Address:
- Phone:
- Fax:
- Email/Username:
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the Seller’s website. If a campaign is organized by the Seller, you can review the basic characteristics of the relevant product during the campaign period. Campaigns are valid until the specified campaign end date.
7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified duration.
7.3. The total sales price of the goods or services, including all taxes, is shown below:
Product Description | Quantity | Unit Price | Subtotal (Including VAT) |
---|---|---|---|
Shipping Fee:
Total:
- Payment Method and Plan:
- Delivery Address:
- Recipient:
- Billing Address:
- Order Date:
- Delivery Date:
- Delivery Method:
7.4. The shipping cost, which is the product shipment fee, will be paid by the Buyer.
8. INVOICE INFORMATION
- Full Name/Title:
- Address:
- Phone Number:
- Fax:
- Email/Username:
Invoice Delivery: The invoice will be delivered along with the order to the billing address at the time of order delivery.
9. GENERAL TERMS AND CONDITIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read, understood, and confirmed electronically the preliminary information regarding the essential features, sales price, payment method, and delivery terms of the product subject to this agreement, as published on the SELLER’s website. By confirming the preliminary information electronically, the BUYER accepts, declares, and undertakes that they have acquired all necessary details, including the SELLER’s address, the essential characteristics of the ordered products, the tax-inclusive prices, payment and delivery details, correctly and completely before entering into the distance sales agreement.
9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization specified by the BUYER at the address provided, within the timeframe indicated in the preliminary information section on the website, depending on the distance of the BUYER’s location, provided that it does not exceed the legal maximum period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the agreement.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract in full, in compliance with the specifications stated in the order, and along with any warranty certificates, user manuals, and necessary documentation, free from any defects, and in compliance with legal requirements and industry standards.
9.4. The SELLER may supply an equivalent product of equal quality and price, subject to the BUYER’s approval, in case they are unable to fulfill their obligations before the end of the performance period.
9.5. If the SELLER becomes aware that fulfilling the agreement has become impossible, they agree to notify the BUYER in writing within three days and to refund the total payment to the BUYER within 14 days.
9.6. The BUYER acknowledges and agrees that their obligation to confirm this agreement electronically is a prerequisite for the delivery of the product, and the SELLER’s obligation to deliver the product shall cease in cases where the payment has not been made or is canceled by the bank.
9.7. If the product is delivered to the BUYER but the payment is later reversed due to unauthorized use of the BUYER’s credit card by third parties, the BUYER agrees to return the product to the SELLER within three days at no cost to the BUYER.
9.8. The SELLER agrees to notify the BUYER in case of unforeseen and uncontrollable circumstances (“force majeure”) that prevent or delay the delivery of the product. In such cases, the BUYER may cancel the order, request a replacement with a similar product, or request an extension of the delivery time until the obstacle is resolved.
9.9. The SELLER has the right to communicate with the BUYER via the contact information provided during registration or subsequently updated by the BUYER, for purposes of marketing, notifications, or other communications.
9.10. The BUYER agrees to inspect the product before accepting delivery and to not accept damaged or defective items. Products that are received in good condition are deemed to have been delivered without damage.
9.11. If the credit card used for the order belongs to a third party or there is a security issue before delivery, the SELLER may request documentation to verify the cardholder’s identity and ownership.
9.12. The BUYER is responsible for ensuring the accuracy of the personal information provided during registration and agrees to compensate the SELLER for any damages resulting from inaccuracies.
9.13. The BUYER agrees to comply with all applicable legal provisions when using the SELLER’s website and acknowledges full responsibility for any breaches.
9.14. The BUYER is prohibited from using the website for purposes that violate public order, morality, or others’ rights. They also may not interfere with other users’ access or perform harmful actions such as spam, viruses, or malicious software.
9.15. The SELLER’s website may contain links to third-party websites for ease of navigation. However, these links do not constitute endorsement or guarantee the content or functionality of such websites.
9.16. Any member violating these terms is solely responsible for the legal and financial consequences of their actions, and the SELLER is not liable for such violations. In cases where the SELLER incurs damages due to these breaches, they retain the right to seek compensation.
10.Right of Withdrawal
10.1. The BUYER, in the case of a distance contract for the sale of goods, has the right to withdraw from the contract without providing any reason and without incurring any legal or penal liability by notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address they specified. For distance contracts regarding the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised for service contracts where the performance of the service has begun with the consumer’s approval before the withdrawal period expires. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about their right of withdrawal in advance.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail with return receipt, fax, or email within the 14-day period. The product must remain unused in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” in this contract. In case of exercising this right:
a) The invoice of the product delivered to the third party or the BUYER (if the product to be returned was invoiced to a company, the return must be accompanied by a return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The product to be returned must be delivered complete and undamaged, together with its box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and any documents putting the BUYER under debt within a maximum of 10 days from the date the withdrawal notification is received, and to accept the return of the goods within 20 days.
e) If the value of the goods decreases due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages to the extent of their fault. However, the BUYER is not responsible for changes or deterioration in the goods caused by proper use of the product within the withdrawal period.
f) If the use of the right of withdrawal causes the campaign limit set by the SELLER to fall below the applicable threshold, the discount amount used within the campaign is canceled.
11.Products for Which the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be exercised for goods prepared according to the BUYER’s requests or personal needs, goods that are not suitable for return due to their nature, underwear bottoms, swimwear, bikini bottoms, makeup products, single-use items, perishable goods or goods that are likely to expire quickly, products that are not suitable for return for health or hygiene reasons once their packaging is opened by the BUYER after delivery, products mixed with other items after delivery and which cannot be separated by their nature, subscriptions for newspapers and magazines other than those provided under a subscription agreement, services performed immediately in electronic environments, or intangible goods delivered instantly to the consumer.
The return of audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables is not possible if their packaging has been opened by the BUYER as per the Regulation. Additionally, the right of withdrawal cannot be exercised for services whose performance has started with the consumer’s approval before the withdrawal period ends, as per the Regulation.
For cosmetic and personal care products, underwear items, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (toner, cartridges, ribbons, etc.), the packaging must be unopened, unused, undamaged, and untested for them to be eligible for return.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on the payment made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest in accordance with the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action, request any incurred costs and attorney’s fees from the BUYER, and under any circumstances, if the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damage and loss incurred due to the delayed fulfillment of the debt.
13. JURISDICTION
In case of disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law below. The information regarding the monetary limit is as follows:
Effective from 28/05/2014:
a) Disputes with a value under 2,000.00 (two thousand) TRY shall be referred to the district consumer arbitration committee,
b) Disputes with a value under 3,000.00 (three thousand) TRY shall be referred to the provincial consumer arbitration committee,
c) In metropolitan municipalities, disputes with a value between 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY shall be referred to the provincial consumer arbitration committee.
This contract is concluded for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the site, they are deemed to have accepted all the terms and conditions of this contract. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER confirms reading and accepting this contract on the site before the order is processed.
SELLER:ADNAN ALCAVARİSA
BUYER:
DATE: