DISTANCE SELLING CONTRACT
ARTICLE 1 - THE PARTIES
Commercial Title: 113 Studio Moda Tekstil ve Tasarım Sanayi ve Ticaret A.Ş
Address: Hacımimi Mh Lüleci Hendek Caddesi 31 A Beyoğlu - Istanbul / TURKEY
Telephone: 0212 224 0 113
The Seller's Central Registration System (MERSIS) No:
The Seller's E-mail Address: email@example.com
The Courier Company in the case of returns by which the Buyer will deliver the Goods to the Seller:
Name – surname:
ARTICLE 2 - SUBJECT and SCOPE OF THE CONTRACT
This Distance Selling Contract ("Contract") has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Contract accept and acknowledge that they know and understand the obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Contract. The determination of the parties' rights and obligations pursuant to the provisions of the Consumer Protection Law No.6502 and the Regulation on Distance Contracts concerning the sales and delivery of Goods/Services belonging to the Seller, the qualifications of which are specified in the contract, which the Buyer orders electronically to purchase from the website ("Website") with the domain name [www.113studioistanbul.com] belonging to 113 Studio Moda Tekstil ve Tasarım Sanayi ve Ticaret A.Ş (“113 Studio”) consists the subject of this Contract.
Article - 3
CONTRACTUAL PRODUCT INFORMATION:
Type, Quantity, Brand / Model, Colour, Quantity, Sales Price and Payment Method of the Goods / Products or Service are as stated below and these covenants are valid until they are updated or modified in the website. The Seller reserves the right to make changes to the website without any prior notice to the buyer. The prices announced on a periodical basis are valid until the end of the specified period.
Type of Goods / Products / Services:
Brand / Model / Colour:
Sales Price (VAT included):
Payment Method and Schedule:
Person To Be Delivered:
Article - 4
4.1 - The BUYER declares that he/she has read and has been informed of all the preliminary information regarding the basic features, sales price and payment method as well as the delivery of the contractual product, as specified in Article 3, and gave the necessary confirmation electronically.
4.2. The contract enters into force upon confirmation by the Buyer in electronic form, and the contract is executed upon delivery of the Goods / Services, which the Buyer has purchased from the Seller, to the Buyer. The Goods / Service shall be delivered to the address and authorized person / persons specified by the Buyer's in the order form and in this Contract.
4.3 - The contractual product shall be delivered to the buyer or to the person or organization at the address indicated by the buyer within the period specified in the preliminary information for each product, depending on the distance of the buyer's place of location, without exceeding the legal 30-day period.
4.4 - If the contractual product is to be delivered to a person or organization other than the buyer, the SELLER shall not be held responsible by virtue of the fact that the person or organization does not accept the delivery.
4.5. Unless otherwise provided, the costs of delivering the goods shall be borne by the Buyer. If the Seller declares on the website that the delivery costs will be covered by the Seller, the delivery costs shall be borne by the Seller.
4.6. The delivery of the goods shall be made in the case of availability of the Seller's stock and in the period committed after the payment is made. The Seller shall deliver the Goods / Service within 30 (thirty) days as from the order for the Goods / Service by the Buyer, except for the cases where the order of the Goods / Service is impossible to fulfil.
4.7. If for any reason the Goods / Service is not paid by the Buyer or the payment made is cancelled in the bank records, the Seller shall be deemed free from the obligation to deliver the Goods / Service. In cases of cancellations of the orders by the Buyer after the Seller has sent the goods by cargo, but before the Buyer has received the goods, the Buyer shall be responsible for the shipping charges.
4.8 - If, after delivery of the product, the bank or financial institution does not pay the price of the product to the SELLER for the reason that the credit card belonging to the buyer is wrongfully or illegally used by unauthorized persons without the buyer's fault, the BUYER must send back to the SELLER the product delivered by himself / herself or the person or organization stated in the contract of sale, within 3 working days. In such a case, the shipping costs belong to the buyer.
4.9 The SELLER is responsible for ensuring that the contract product is sound, complete, complying with the qualifications specified in the order and, if available, delivered with the warranty documents and user manuals.
4.10 - The SELLER is obligated to notify the buyer if the SELLER cannot deliver the contract product in due course of time due to exceptional circumstances such as adverse weather conditions that hinder transportation or disconnection of transportation. In this case, the buyer may use one of the following rights: the cancellation of the order, the replacement of the contract product with an equal product, and / or the postponement of the delivery time until the impeding circumstances are over. In case the buyer cancels the order, the SELLER shall make an attempt at the relevant bank to cancel the credit card receipt belonging to the buyer and to return the related amount to the account of the buyer within 7 days and the transactions made shall be notified to the BUYER by e-mail. In such a case, the SELLER shall not be held responsible for delays caused by the relevant bank.
4.11 - In the event that the products delivered to the BUYER and / or the person and / or organization that the BUYER requests the products be delivered are broken or defective, the relevant product or products shall be sent to the SELLER within 7 days from the receipt of the delivery by the BUYER for the necessary repair or replacement within the warranty terms and the transportation costs shall be covered by the SELLER. If the 7-day period has expired in such a case, then the BUYER shall take the delivered product to the related service.
4.12- This contract comes into force after it has been electronically approved by the buyer (after the membership has been realized) and has been delivered to Hacımimi Mh Lüleci Hendek Caddesi 31 A Beyoğlu - Istanbul / TURKEY.
Article - 6
RIGHT OF WITHDRAWAL
The buyer has the right to withdraw within 14 (fourteen) days from the delivery of the contract product to the buyer or person / organization at the address indicated by the buyer. In order to exercise the right of withdrawal, it must be notified to the SELLER by phone or e-mail within this period and the product must not have been used, damaged as a result of usage error and its package must not have been damaged within the provisions of Article 7. If the right of withdrawal is exercised, a) the buyer shall return the Goods to the Seller within 10 (ten) days of the exercise of the right of withdrawal; b) the package and, if any, standard accessories and, if any, other products which are given as gift with the Goods must also be returned completely and undamaged together with the Goods to be returned within the right of withdrawal. The value of the Goods shall be returned to the Buyer in the form as it was paid by the Buyer within 14 (fourteen) days following the exercise of the right of withdrawal. While the Goods are returned to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer.
Within 30 days following delivery [back] of the product(s) [to the SELLER], the SELLER shall make an attempt at the relevant bank to return the product value to the credit card account of the BUYER. The SELLER shall not be held responsible for the faults at the bank's side in the return of the product value. In the event that the original sales invoice is not sent, the value added tax and, if any, other legal obligations will not be refunded.
Article - 7
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases: a) Contracts concerning the delivery of goods, which are prepared for the buyer's wishes or explicitly for the buyer's personal needs, which are not suitable for return, and which have the risk for perish, or which are likely to expire; b) Contracts concerning the delivery of the goods, of which the protective elements such as packaging, tapes, seal, packet have been opened after the delivery, which are unsuitable for return in terms of health and hygiene; c) Contracts concerning the goods that have been mixed with other products after the delivery and which cannot be separated by their nature; d) Contracts concerning the books, audio or video recording, software and computer consumables, provided in the physical medium, provided that the protective elements such as packaging, tape, seal, packet have been opened; e) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided for within the subscription agreement; f) Contracts relating to the evaluation of spare-time for accommodation, goods transport, car rental, food and beverage supply, entertainment or recreation that has to be made on a specific date or period; g) Contracts for the performance of services relating to betting and lottery; h) Contracts concerning the services which have been started upon the consent of the buyer before the period for the right to withdraw has ended; i) Contracts relating to services rendered immediately in the electronic environment and contracts for non-material goods delivered to the buyer on the spot, and in cases where the contractual Goods/Services consist of the types of Goods/Services (foodstuffs, beverages or other daily consumer goods delivered to the buyer's residence by the seller's regular delivery as well as services in areas such as travel, accommodation, restaurant, entertainment sectors), which are excluded from the scope of application of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised since the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller.
ARTICLE - 8
DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on transactions made with the credit card, the cardholder shall pay the interest pursuant to the credit card agreement concluded between the cardholder and bank, and shall be responsible towards the bank. In this case, the bank may apply for legal remedies and request the costs incurred and the attorney fee from the Buyer, and in any case where the Buyer defaults on a debt, the Buyer shall be liable for the losses and damages incurred by the Seller due to the Buyer's delay in performance of the obligation.
ARTICLE - 9
NOTIFICATIONS and EVIDENTIAL CONTRACT
Any correspondence between the Parties under this Contract shall be made by e-mail, except for the obligatory cases stipulated in the legislation. The Buyer hereby accepts, declares and undertakes that, in disputes that may arise out of this Contract, the Seller's official books and commercial records, as well as the electronic data and computer records held by the Seller in its database and servers, shall constitute binding, final and exclusive evidence, and that this Article is in the nature of evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
Article - 10
In the implementation of this Contract, the Consumer Arbitration Committees and the CONSUMER PROTECTION COURTS at the BUYER's or the SELLER's place of location shall be authorized up to the value level announced by the Ministry of Industry and Trade. If the order is approved in an electronic environment, the BUYER shall be deemed to have accepted all the provisions of this contract.
ARTICLE - 11
ENTRY INTO FORCE
This Contract consisting of 11 (eleven) Articles was read by the Parties, and was done and came into force this ... day of .......... .... with the confirmation by the Buyer in the electronic environment.