DISTANCE SALES AGREEMENT
It has been prepared in accordance with the obligation to conclude a contract for sales made over the internet, as required by the Regulation on the Procedures and Principles of Application of Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27886. The contract details are as follows.
1. PARTIES
SELLER INFORMATION
Commercial Title: VEEV DAYANIKLI TÜKETIM MALLARI ZÜCCACIYE TEKSTIL ÜRÜNLERI SAN.VE TIC LTD STI. - WIFU
Address: Portakal mah. 210.cad no:62/64a Toroslar/ MERSİN
Phone: 0 532 515 43 15
Email Address: info@wishanatural.com
BUYER INFORMATION
Name, Surname or Title: Member's Name
Address: Member's Address
Phone: Member's phone number
Mobile Phone: Member's Mobile phone number
Email: Member's email address
2. SUBJECT AND SCOPE
2.1 This Distance Sales Contract ("Contract") has been prepared in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. The parties to this Contract accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under this Contract.
2.2 The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services with the characteristics specified in the contract, which the BUYER has ordered electronically for the purchase of the SELLER's products through https://www.yetdesignstudio.com/ or other domain names linked to the offered service ("Website").
2.3 The preliminary information form on the www.yetdesignstudio.com website and the invoice issued upon the order placed by the BUYER are integral parts of this contract. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
3. BASIC CHARACTERISTICS OF THE PRODUCTS SUBJECT TO THE CONTRACT
3.1 The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
3.2 The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
3.3 The sales price of the goods or services subject to the contract, including all taxes, is shown below.
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Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
4. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
5. DELIVERY OF PRODUCTS
5.1 The purchased products will be delivered to the delivery address provided by the buyer and to the person specified by the buyer within thirty days at the latest from the contract date. This period may be extended for a maximum of ten days, provided that the consumer is informed in writing or by a permanent data carrier in advance.
5.2 The contract comes into force upon approval by the Buyer and is fulfilled upon delivery of the product/products purchased by the BUYER from the SELLER to the BUYER. The product/products will be delivered to the person/persons at the address specified by the Buyer in the order form and in this contract.
5.3 In general, delivery costs (shipping fees, etc.) belong to the SELLER. The SELLER may pass on all or part of these delivery costs to the BUYER, depending on the campaigns it conducts at the time of sale and whose terms it has announced on www.wishanatural.com. In these cases, the BUYER will be informed when purchasing the product.
5.4 If the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance completely and fully. Therefore, any damage caused by the Buyer's late receipt of the product, as well as the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER, shall also belong to the Buyer. For the delivery of the product subject to the order, it is a condition that a copy of the distance sales contract has been delivered to the SELLER or approved electronically, and its price has been paid by the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product. Delivery is made as soon as possible after the stock is available and the price of the goods has been credited to the SELLER's account.
6. RIGHT OF WITHDRAWAL
6.1 In the case of a distance contract regarding the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods without undertaking any legal and criminal liability and without showing any justification, provided that the SELLER is notified within 14 (fourteen) days from the delivery date of the product to himself or the person/organization at the address indicated by him. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the BUYER. The BUYER, by accepting this contract, accepts in advance that he has been informed about the right of withdrawal.
6.2 To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the scope of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. In case this right is exercised, the invoice of the product delivered to the 3rd person or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns invoiced to corporate entities cannot be completed if a RETURN INVOICE is not issued.)
7. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
A. Goods/products prepared according to the BUYER's special requests or personal needs (including those customized for a person/personal needs by making changes or additions, special products imported/supplied from within or outside the country based on the BUYER's order)
B. Goods/products that are mixed with other products after delivery and cannot be separated by their nature,
C. Goods or services whose price varies depending on fluctuations in financial markets and are not under the control of the seller/provider,
D. Services whose performance has begun within the right of withdrawal period with the BUYER's consent.
8. FORCE MAJEURE
8.1 Situations that did not exist or were unforeseen at the time of signing the contract, developed beyond the control of the parties, and whose occurrence makes it impossible for one or both parties to partially or completely fulfill their debts and responsibilities under the contract or to fulfill them on time, will be accepted as force majeure (Natural disaster, war, terrorism, rebellion, changing legislative provisions, seizure or strike, lockout, significant malfunctions in production and communication facilities, etc.). The party in whose person the force majeure occurs will immediately and in writing notify the other party of the situation.
8.2 During the continuation of the force majeure, the parties will not be responsible for not being able to fulfill their performances. If this force majeure situation continues for 30 (thirty) days, each of the parties will have the right to unilateral termination.
9. GENERAL PROVISIONS
9.1 The BUYER accepts, declares, and undertakes that he has read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method, and delivery on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that he has obtained the address that the SELLER must provide to the BUYER before the conclusion of the distance sales contract, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information accurately and completely by confirming the Preliminary Information electronically.
9.2 Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3 The SELLER accepts, declares, and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications specified in the order, and with guarantee certificates, user manuals, and information and documents necessary for the work, free from all defects, in accordance with legal regulations, solidly, in accordance with standards, performing the work based on the principles of accuracy and honesty, maintaining and improving service quality, showing necessary care and diligence during the performance of the work, and acting 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 explicit consent before the expiration of the performance obligation arising from the contract.
9.5 If the SELLER cannot fulfill its obligations under the contract in the event that the performance of the product or service subject to the order becomes impossible, it accepts, declares and undertakes to notify the consumer in writing within 3 days from the date it learns about this situation and to refund the total amount to the BUYER within 14 days.
9.6 The BUYER accepts, declares, and undertakes that he will confirm this Contract electronically for the delivery of the product subject to the Contract, and that the SELLER's obligation to deliver the product subject to the Contract will cease if the product price is not paid for any reason and/or is canceled in the bank records.
9.7 If the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, without its packaging being torn and without any damage, with the shipping costs belonging to the BUYER.
9.8 The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the contract within the stipulated time due to force majeure events such as unforeseen circumstances beyond the control of the parties, which prevent and/or delay the parties from fulfilling their obligations, it will inform the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent product if available, and/or the postponement of the delivery period until the hindering situation is eliminated. In case of cancellation of the order by the BUYER, for payments made in cash, the product amount is paid back to him in cash and in one lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account can take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process, therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9 The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form or later updated by them on the Site. The BUYER, by accepting this contract, accepts and declares that the SELLER may engage in the communication activities mentioned above towards them.
9.10 The BUYER will inspect the goods/services subject to the contract before receiving them; he will not accept damaged and defective goods/services such as crushed, broken, torn packaging from the shipping company. It will be accepted that the received goods/services are undamaged and sound. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.
9.11 If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12 The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SITE is accurate, and that he will immediately, in cash and in one lump sum, compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13 The BUYER accepts and undertakes to comply with legal regulations and not violate them while using the SITE. Otherwise, all legal and criminal liabilities will belong entirely and exclusively to the BUYER.
9.14 The BUYER may not use the SITE in any way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, Trojan horse, etc.).
9.15 Through the SITE, links may be provided to other websites and/or other content that are not under the control of the SELLER and/or are owned and/or operated by other third parties. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.16 Any member who violates one or more of the articles listed in this Agreement shall be personally responsible criminally and legally for such violation and shall indemnify the SELLER against the legal and criminal consequences of these violations. Furthermore, in the event that this violation is brought before the law, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if they default on credit card payments, they will pay interest within the framework of the credit card agreement with the card-issuing bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER and, in any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any loss and damage incurred due to the delayed performance of the debt.
11. AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding monetary limits is as follows:
Effective from 28/05/2014:
- a) For disputes with a value under 2,000.00 (two thousand) TL, according to Article 68 of the Law on Consumer Protection No. 6502, to district consumer arbitration committees,
- b) For disputes with a value under 3,000.00 (three thousand) TL, to provincial consumer arbitration committees,
- c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
12. AGREEMENT ON EVIDENCE
If the BUYER is a legal entity, the Parties acknowledge, declare, and undertake that in all disputes and conflicts arising from the conclusion and/or implementation of the Agreement, the commercial books and records and other information and documents kept by the Parties in electronic and physical environments shall constitute valid, binding, and conclusive evidence, and that this article of the Agreement is in the nature of a conclusive evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
13. EFFECTIVENESS
The BUYER is deemed to have accepted all terms of this agreement when they complete the payment for their order placed through the Site. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation that this agreement has been read and accepted by the BUYER before the order is processed.
SELLER: VEEV DURABLE CONSUMER GOODS GLASSWARE TEXTILE PRODUCTS INDUSTRY AND TRADE LTD. CO. - WIFU
BUYER:
DATE: