Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as the "BUYER" in this agreement)
B. 'SELLER' ; (hereinafter referred to as the "SELLER" in this agreement)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER accepts in advance that if they confirm the order subject to this agreement, they will be under the obligation to pay the order price and any additional fees specified, such as shipping fees and taxes, and that they have been informed regarding this matter.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall refer to the explanations written against 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 (OG: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than providing goods made or promised to be made in return for a fee or benefit,
SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or for the account of the party offering goods,
BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person requesting a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: The movable property subject to shopping and software, sound, image, and similar intangible goods prepared for use in an electronic environment.
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 qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.
The listed and announced prices on the site are the selling prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.
4. SELLER INFORMATION
| Field | Details |
| Title | Asmen Giyim Sanayi ve Ticaret Ltd. Şti. |
| Address | Hrant Dink Sokak No:35 Osmanbey, Istanbul |
| Phone | +90 538 976 10 77 |
| Fax | - |
| [email protected] |
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email / Username:
6. CONTRACT PRODUCT(S) INFORMATION
6.1. The basic characteristics of the Good/Product/Products/Service (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. It is valid until the campaign date.
6.2. The listed and announced prices on the site are the selling prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below:
| Product Description | Quantity | Unit Price | Subtotal (VAT Included) |
| Shipping Cost: | |||
| Total: |
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
6.4. The shipping fee, which is the product shipping cost, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name / Surname / Title:
Address:
Phone:
Fax:
Email / Username:
Invoice Delivery: The invoice will be delivered along with the order to the billing address during order delivery.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the SELLER's system infrastructure, according to the nature of the information and transaction, within the scope of current technical capabilities. However, since the said information is entered from the BUYER's device, the responsibility of taking necessary precautions, including protection against viruses and similar harmful applications, so that they are protected on the BUYER's side and cannot be accessed by unrelated persons, belongs to the BUYER.
8.2. In addition to and confirming the permissions and approvals given by the BUYER regarding personal data and commercial electronic communications; the information acquired during the BUYER's membership to the WEBSITE and shopping can be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and processed by the SELLER and its successors indefinitely or for a duration they foresee, for the purposes of providing various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications. These data may also be transmitted to the relevant Authorities and Courts in cases required by law. The BUYER has consented and permitted the use, sharing, and processing of their current and new personal and non-personal data within the above scope in accordance with the legislation on the protection of personal data and electronic commerce, and for receiving commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can stop the use and processing of data and/or communications at any time by reaching the SELLER from the specified communication channels or by using the right of refusal in the electronic communications sent to them. According to the BUYER's explicit notification on this matter, personal data transactions and/or communications to them are stopped within the legal maximum period; also, if they wish, information other than what is legally required and/or possible to preserve is deleted from the data recording system or made anonymous so that their identity is not recognizable. The BUYER can always apply to the SELLER through the communication channels above and obtain information on matters such as the processing of their personal data, the persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of the corrected information to the relevant third parties, deletion or destruction of data, objection to the emergence of a result aga
8.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision, and partial/total use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.
8.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use apply; the SELLER is not responsible for any disputes and negative outcomes that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic qualities, sales price, payment method, and delivery of the product subject to the agreement on the SELLER's website, that they are informed, and that they have given the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained the address to be given by the SELLER to the BUYER before the conclusion of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely.
9.2. Each product subject to the agreement shall be 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 settlement, provided that it does not exceed 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 agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the qualifications specified in the order, and with warranty certificates, user manuals, and the necessary information and documents, free from all kinds of defects, in a sound manner according to legal regulatory requirements and in compliance with standards, within the principles of accuracy and honesty, to maintain and raise the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and explicitly obtaining their approval before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, they accept, declare, and undertake that they will notify the consumer in writing within 3 days from the date of learning this situation and return the total price 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 if for any reason the product price subject to the agreement is not paid and/or canceled in the bank records, the SELLER's obligation to deliver the product 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 as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER shall return the product to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the agreement within the due time due to force majeure situations that develop outside the will of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties' obligations, they accept, declare, and undertake to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with its precedent if available, and/or the postponement of the delivery period until the preventing situation disappears. In case the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount is paid to them in cash and in 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 canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the bank to reflect the amount refunded to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach 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 specified by the BUYER in the site registration form or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER shall inspect the contract goods/services before receiving them; they will not accept crushed, broken, torn packaging, etc., damaged and defective goods/services from the cargo company. Received goods/services shall be deemed to be undamaged and intact. 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 should not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability 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 present 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 card holder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER has 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 SELLER's website is true to fact, and that they will immediately, in cash and in full, indemnify all damages the SELLER may incur due to the untruthfulness of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the beginning to comply with the legal regulatory provisions and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that will arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an un
9.15. Through the SELLER's website, links may be given to other websites and/or other contents that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are put to provide orientation ease to 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. A member who violates one or more of the articles listed in this agreement is personally responsible legally and criminally for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Furthermore; if the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER; in distance contracts regarding the sale of goods, has the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product to them or the person/organization at the address indicated, provided that they notify the SELLER. In distance contracts regarding service rendering, this period begins on the date the contract is signed. The right of withdrawal cannot be used in service contracts where the execution of the service has begun with the consumer's approval before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed regarding the right of withdrawal.
10.2. In order to e
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered completely and undamaged.
d) The SELLER is obliged to return the total price and the documents putting the BUYER under debt to the BUYER within at most 10 days from the receipt of the withdrawal notice, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods for a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations occurring due to the proper use of the goods or product within the right of withdrawal period.
f)
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXE
According to the Regulation, it is not possible to return goods prepared in line with the BUYER's wishes or explicitly personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup materials, single-use products, goods that are in danger of quick deterioration or likely to pass their expiration date, products whose return is not suitable for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER. Furthermore, it is not possible according to the Regulation to exercise the right of withdrawal for services whose performance has begun with the consumer's approval before the expiration of the right of withdrawal period.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, intact, and unused in order to be returned.
12. DEFAULT STATE AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that if they default on payment transactions made by credit card, they will pay interest within the framework of the credit card agreement between them and the cardholder bank and will be responsible to the bank. In this case, the relevant bank may take legal action; it may demand the expenses and attorney fees to arise from the BUYER, and under all circumstances, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the SELLER's damage and loss suffered due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections shall be made to the consumer problems arbitration committee or the consumer court in the place where the consumer's residence is located or where the consumer transaction is made, within the monetary limits specified in the Law.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed over the Site, they are deemed to have accepted all the terms of this agreement. 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 realized.
SELLER:
BUYER:
DATE: