Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
A. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the agreement)
B. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the agreement)
NAME- SURNAME: TOUZ TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
ADDRESS: General Tahsin Yazıcı Cad, Düzova Sk. 24A, 34704 Ataşehir/Istanbul
By accepting this agreement, the BUYER expressly accepts that, if they confirm the order subject to the agreement, they will be obliged to pay the order amount and any additional charges such as shipping fees and taxes, and that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall mean the explanations written opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: The Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: The subject of all consumer transactions other than the provision of goods, performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of a goods provider,
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 website belonging to the SELLER,
ORDERER: A natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOOD: Refers to the movable property subject to the purchase and the software, sound, image, and similar intangible goods prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically through the website belonging to the SELLER.
The listed and announced prices on the site are the 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.
4. SELLER INFORMATION
Title: TOUZ TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: General Tahsin Yazıcı Cad, Düzova Sk. 24A, 34704 Ataşehir/Istanbul
Phone: 0850 309 1230
Fax
Email: info@touzmoda.com
5. BUYER INFORMATION
Person to whom it will be delivered
Delivery Address
Phone
Fax
Email/username
6. ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT
7.1. The basic features of the Good /Product/Products/Service (type, quantity, brand/model, color, quantity) are published on the website belonging to the SELLER. If a campaign has been organized by the Seller, you can review the basic features of the relevant product during the campaign period. Valid until the campaign date.
7.2. The listed and announced prices on the site are the 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.
7.3. The sales price of the good or service subject to the agreement, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Amount
Total:
Payment Method and Plan
Delivery Address
Person to Whom It Will Be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice Delivery: The invoice will be delivered together with the order at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the basic features of the product subject to the agreement, the sales price, the payment method, and the preliminary information regarding delivery on the website belonging to the SELLER, that they are informed, and that they have provided the necessary confirmation in electronic media. The BUYER accepts, declares, and undertakes that they have obtained the preliminary information, the address that must be provided to the BUYER by the SELLER before the conclusion of the distance sales agreement, the basic features of the products ordered, the prices of the products including taxes, and the payment and delivery information correctly and completely.
9.2. Each product subject to the agreement shall be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified in the preliminary information section of the website within the period specified, depending on the distance from the BUYER's place of 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 agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the features specified in the order, and with any warranty documents, user manuals, and other information and documents required by the nature of the work, free from all defects, in a sound and standard-compliant manner, and to perform the work with accuracy and honesty, maintain and improve the quality of the service, exercise the necessary care and diligence during the performance of the work, and act 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 consent before the expiration of the performance period arising from the agreement.
9.5. The SELLER accepts, declares, and undertakes that if the performance of the product or service subject to the order becomes impossible and the SELLER cannot fulfill its obligations under the agreement, it will notify the consumer in writing within 3 days from the date it becomes aware of the situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that if the price of the product subject to the agreement is not paid and/or is canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the agreement shall terminate.
9.7. The BUYER accepts, declares, and undertakes that if the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the product subject to the agreement is delivered to the BUYER or the person and/or organization indicated by the BUYER, the BUYER will return the product subject to the agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the agreement within the specified period due to force majeure events such as those occurring outside the parties' control, unforeseeable circumstances, and events that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the product subject to the agreement with an equivalent product, if any, and/or postpone the delivery period until the obstructing circumstance is removed. In the event that the order is canceled by the BUYER, payments made by the BUYER in cash will be refunded to them in cash and in a single payment within 14 days. For payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account may take between 2 and 3 weeks, that the reflection of this amount in the BUYER's accounts after the refund to the bank is entirely related to the bank's processing time, and that the BUYER cannot hold the SELLER responsible for any potential delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through the address, email address, landline and mobile phone lines, and other contact information specified by the BUYER in the site registration form or updated by the BUYER later, via letter, email, SMS, telephone calls, and other means. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities directed at them as specified above.
9.10. The BUYER shall inspect the good/service subject to the agreement before accepting delivery; they shall not accept damaged and defective goods/services, such as those that are crushed, broken, or have torn packaging, from the shipping company. The good/service received shall be considered undamaged and intact. The obligation to carefully protect the good/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the good/service must not be used. The invoice must be returned.
9.11. If the person who used the credit card during the order is not the same person as the BUYER, or if a security breach regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank stating that the credit card belongs to the cardholder. The order will be frozen until the BUYER provides the requested information/documents, and if these 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 while becoming a member of the website belonging to the SELLER is true, and that they will immediately compensate the SELLER in full and in a single payment for any damages the SELLER may suffer due to the falsity of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation when using the website belonging to the SELLER and not to violate them. Otherwise, all legal and criminal liabilities that arise shall bind the BUYER exclusively and solely.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, violates public morality, disturbs and harasses others, is contrary to the law, or infringes upon the material and moral rights of others. Furthermore, they may not engage in activities that prevent or hinder others from using the services of other members (spam, viruses, Trojan horses, etc.).
9.15. Links to other websites and/or other content that are not under the SELLER's control and/or belong to and/or are operated by other third parties may be provided through the website belonging to the SELLER. These links are provided for the convenience of directing the BUYER and do not support any website or the person operating that website, nor do they carry any guarantee regarding the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally liable for criminal and legal penalties due to this violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that this violation leads to legal proceedings, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance agreement pertains to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods and withdrawing from the agreement without assuming any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date the product is delivered to them or the person/organization indicated by them. In distance agreements regarding the provision of services, this period begins from the date the agreement is signed. The right of withdrawal cannot be exercised in service agreements where the service has commenced with the consumer's approval before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER expressly accepts that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is mandatory to make a written notification to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this agreement. In the event that this right is exercised,
a) The invoice of the product delivered to a third party or the BUYER, (if the invoice for the product to be returned is corporate, it must be sent together with the return invoice issued by the organization. Returns of orders issued in the name of organizations cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The boxes, packaging, and, if any, standard accessories of the products to be returned must be delivered completely and undamaged.
d) The SELLER is obliged to refund the total amount and the documents that bind the BUYER to the debt to the BUYER within at most 10 days from the receipt of the withdrawal notification, and to receive the returned goods within 20 days.
e) If, for any reason attributable to the BUYER, the value of the goods decreases or return becomes impossible, the BUYER shall be obliged to compensate the SELLER for the damages to the extent of the BUYER's fault. However, the BUYER shall not be responsible for changes and deterioration resulting from the proper use of the goods or products during the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit set by the SELLER, the discount enjoyed within the scope of the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared at the request of the BUYER or clearly in accordance with their personal needs and not suitable for return, such as lower garments of lingerie, swimsuit bottoms and bikini bottoms, cosmetics, single-use products, goods that are liable to deteriorate quickly or may expire, products that are unsuitable for return for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except those provided within the scope of a subscription agreement, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, as well as sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned pursuant to the Regulation. Furthermore, the exercise of the right of withdrawal for services that have commenced with the consumer's approval before the withdrawal period expires is also not possible pursuant to the Regulation.
For cosmetics and personal care products, lingerie products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returnable, their packaging must remain unopened, they must not have been tested, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER pays by credit card, the BUYER accepts, declares, and undertakes that in the event of default, they shall pay interest and be liable to the bank in accordance with the credit card agreement between the cardholder and the bank. In this case, the relevant bank may pursue legal action; it may claim the resulting expenses and attorney fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay for the loss and damage suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the following law. The information regarding the monetary limits is as follows:
Effective from 01/01/2017, for applications to consumer arbitration committees for the year 2017, the value:
a) For disputes below 2,400 (two thousand four hundred) Turkish Liras, district consumer arbitration committees,
b) In provinces with metropolitan status, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
c) In the centers of provinces without metropolitan status, for disputes below 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
d) In districts affiliated with provinces without metropolitan status, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees are authorized.
This Agreement is entered into for commercial purposes.
14. VALIDITY
The BUYER shall be deemed to have accepted all the terms of this agreement when they complete the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER: TOUZ TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
BUYER:
DATE: