Distance Selling Agreement
ARTICLE 1: SUBJECT
1.1. SELLER
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Trade Name |
HEARTISH TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY |
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Address |
Company: HEARTISH TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY Name: HEARTISH TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY Address: Musalla mh 1016 sok no 2/17 Çeşme Marina Heartish Store |
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Telephone |
: +90 (5415543764) |
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Fax |
: - |
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Email Address |
hello@heartish.co |
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Product Return Address |
Company: Tuba Nebahat Yildiz |
1.2. BUYER
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Ordinary |
: {{uyeAdiSoyadi}} |
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Address |
: {{uyeAdres}} |
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Telephone |
: {{uyeCep}} |
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Email Address |
: {{uyeMail}} |
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Delivery Address |
: {{uyeTeslimAdres}} |
ARTICLE 2: SUBJECT
The subject of this agreement is the sale of goods by the Seller to the ORDERER / buyer. This agreement covers the rights and obligations of the parties in relation to the sale and delivery of the product(s) specified below, with their characteristics and sales price, made through the internet address, in accordance with the provisions of Law No. 4077 on "Consumer Protection" and the "Regulation on Distance Contracts" published in the Official Gazette dated March 6, 2011, and numbered 27866.
ARTICLE 3: INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THIS AGREEMENT
The type, quantity, brand/model, color, number of items, selling price, payment method, and alternative product preference of the goods/products are as specified.
Delivery Method: Home Delivery
ARTICLE 4: GENERAL PROVISIONS
4.1. The ORDERER/BUYER is obligated to pay the service fees specified above for the product(s) subject to this contract, based on the total order amount.
4.2. The ORDERER, BUYER, and INVOICE INFORMATION may belong to the same person and/or different persons. If they belong to different persons, the ORDERER is responsible for all information provided and approved. The rights and obligations holding the ORDERER and BUYER responsible are specified as ORDERER/BUYER.
4.3. The ORDERER acknowledges that the information provided is accurate and belongs to the BUYER. The SELLER is not liable if the BUYER cannot be reached using the provided information, and all responsibility lies with the ORDERER.
4.4. Applications regarding consumer complaints and objections can be made to the consumer dispute arbitration board or consumer court in the place where the consumer purchased the goods or services or where they reside, within the monetary limits determined by the Ministry every year in December.
4.5. This service is intended solely for retail sale and end use. For wholesale and "resale" orders, even if a preliminary information form and/or sales contract has been created, the SELLER reserves the right to cancel the order and not deliver.
4.6. The product(s) subject to this contract will be delivered/fulfilled to the person/entity at the address indicated by the ORDERER/BUYER by the delivery date/performance date specified in this contract, depending on the distance of the BUYER's place of residence for each product, provided that the delivery/performance period does not exceed 7 days.
4.7. In order for the Distance Sales Agreement to be concluded, this agreement must be electronically approved by the ORDERER.
4.8. Delivery of the product(s) subject to this contract is conditional upon the electronic confirmation of this contract and its delivery to the SELLER, and the transfer of payment to the SELLER's account via the payment method preferred by the ORDERER/BUYER. If the product price is not transferred to the SELLER's account or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.9. The ORDERER acknowledges and declares that they have read and are aware of all information regarding the essential characteristics of the product(s) subject to this contract, the sales price, the payment method, and delivery details, and that they have provided the necessary confirmation electronically.
4.10. If the product(s) subject to this contract are to be delivered to a person/entity other than the ORDERER/BUYER, the SELLER cannot be held responsible if the recipient refuses delivery. In this case, all responsibility rests with the ORDERER/BUYER.
4.11. The SELLER is responsible for delivering the product(s) subject to this contract in sound condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
4.12. The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
4.13. The SELLER may, provided there is a justifiable reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from this contract.
4.14. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and may supply the BUYER with a different product of equal quality and price.
4.15. Delivery of the product subject to this contract is conditional upon the signed copy of this contract being delivered to the SELLER and the payment being made by the BUYER using their preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.16. If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obligated to return the product to the SELLER within 3 days, provided that the product has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
4.17. If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.
4.18. In cases where the product(s) subject to this contract are not in stock, the SELLER has the right not to deliver the product(s) subject to this contract, provided that the SELLER informs the ORDERER/BUYER of the situation and the total amount paid by the ORDERER/BUYER and any documents that obligate them to any debt are returned to the ORDERER/BUYER within a maximum of 10 days.
4.19. Persons under the age of 18 cannot make purchases from the SELLER's website, even if products intended for children are offered for sale.
4.20. Product prices are listed on the website in Turkish Lira, including VAT. The BUYER can make purchases from the website using a credit card, bank transfer, or EFT. Orders placed by credit card cannot be processed immediately upon placement; processing is only possible after the amount payable by the BUYER under this agreement has been blocked from the credit card or after the bank transfer/EFT amount has been received by the SELLER's representatives. In case of bank transfer or EFT payments, orders will be cancelled if the BUYER's payment is not received in the SELLER's account within two days.
4.21. A report must be filed with the courier representative regarding products found to be damaged during delivery. For products sold with a warranty, if a defect is found, the products may be sent to authorized service centers for inspection.
4.22. The SELLER is not responsible for price errors resulting from typesetting and system errors.
4.23. Shipping costs are not included in the product price. Shipping costs will be determined based on the total price of the product(s).
4.24. The SELLER is not responsible for any deductions made by banks during payments, such as transfer fees or other charges. In this context, the BUYER agrees to confirm information such as interest rates, transfer fees, and default interest terms with their Bank for installment purchases, and that these terms will be determined according to the terms of the contract between the BUYER and their Bank.
4.25. In the event of a credit card refund request, a cash refund to the BUYER is not possible. The SELLER's obligation is limited to paying the amount paid by card to the bank. Credit card refunds are processed within the framework of the banks' existing refund procedures and the agreements the SELLER has with the banks. In this context, for installment purchase refunds, the BUYER acknowledges and agrees that the bank may make the payment in installments, corresponding to the number of installments used for the purchase. Even if the SELLER instructs the bank to make a one-time refund, the bank may transfer the refund to the credit card in installments each month. The BUYER undertakes that they have read and accepted this clause.
4.26. In cases where payment is made by credit card, debit card, or similar payment card without issuing a receipt, and the card is used illegally by another person, proceedings shall be conducted in accordance with the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated 10/3/2007.
4.27. This agreement becomes valid after it is signed electronically by the ORDERER and delivered to the SELLER.
ARTICLE 5: RIGHT OF WITHDRAWAL
The consumer has the right to withdraw from a distance sales contract within 7 (seven) days of the delivery date of the product to himself or to the person/entity at the address he indicated, without incurring any legal or criminal liability and without giving any reason. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.
To exercise the right of withdrawal, the BUYER must notify the SELLER within 7 days via registered mail, fax, telephone, or email to the address provided above, and the product(s) must be unused, in accordance with Article 7 of the Regulation on Distance Contracts published in the Official Gazette dated March 6, 2011, number 27866. If the right of withdrawal is exercised, the BUYER is obligated to return the product(s) delivered to them to the SELLER along with a copy of the delivery receipt and the original invoice. The refund for the product(s) will be processed within 10 days of receipt of these documents. If the right of withdrawal is exercised within 7 days, the product(s) must be returned to the SELLER by the BUYER via courier, and the courier cost will be borne by the SELLER. If the right of withdrawal is exercised after 7 days, the return process will be handled differently. www.heartish.co This can be done through an e-commerce (internet) store. If this right is exercised;
a. The invoice for the product delivered to the third party or the BUYER,
b. Return form, www.heartish.co (located at the address)
c. Returned products must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
d. The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice.
to. If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault.
ARTICLE 6: EXERCISE OF THE RIGHT OF WITHDRAWAL
6.1. THE BUYER, www.heartish.co The BUYER declares that they have read and are aware of the basic characteristics of the product, the sales price, the payment method, preliminary information regarding delivery, and the distance sales contract on the website, and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information and the Distance Sales Contract electronically, the BUYER confirms that they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
6.2. In distance contracts, the consumer has the right to withdraw from the contract within 7 (seven) days without giving any reason and without paying any penalty. It is sufficient for the notification of the exercise of the right of withdrawal to be given in writing or via a durable data carrier within this period. The withdrawal period begins to run from the day the consumer receives the goods in contracts relating to the delivery of goods, and from the day the contract is concluded in other contracts.
6.3. The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.
6.4. The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
6.5. 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 this contract.
6.6. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and refund the total amount to the BUYER within 10 days.
6.7. Confirmation of this Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
6.8. If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
6.9. If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.
ARTICLE 7: CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts.
a. According to Article 2, paragraph 3/a of the "Regulation on Distance Contracts," published in the Official Gazette No. 27866 dated 06.03.2011, "There is no right of withdrawal in distance contracts relating to the delivery of food items, beverages, or other daily consumer goods to the consumer's residence or workplace within the framework of the seller's regular deliveries."
b. Contracts for the delivery of goods prepared according to the consumer's requests or explicitly tailored to their personal needs, which by their nature are unsuitable for return and are susceptible to rapid deterioration or have a risk of exceeding their expiration date .
c. The right of withdrawal cannot be exercised for the contracts/goods and services listed in Article 7, paragraph 4 of the Regulation on Distance Contracts, which was published in the Official Gazette dated 06.03.2011 and numbered 27866.
d. The right to withdraw from the contract may not be exercised if the value of the goods received by the ORDERER/BUYER decreases or if a reason makes return impossible. However, the ORDERER/BUYER agrees and declares to compensate the SELLER for any decrease in the value of the goods resulting from their own fault.
ARTICLE 8: DEFAULT BY THE DEBTOR
In the event of the BUYER's default, the BUYER agrees to indemnify the SELLER for all damages and losses incurred due to the delayed performance of the debt. If the BUYER's default is due to the SELLER's fault, the BUYER shall not be obligated to compensate the SELLER for any damages or losses.
ARTICLE 9: TERMINATION OF THE AGREEMENT
This Agreement stipulates that the SELLER may unilaterally terminate the Agreement if the Members violate the provisions specified in this Agreement and similar rules regarding the use of the Site and the SELLER's Services. In such cases, the BUYER shall be liable to compensate the SELLER for all damages incurred as a result of the termination. The invalidity of some provisions of this agreement shall not result in the entire agreement being invalid; the remaining provisions of the agreement shall be deemed accepted by the parties.
ARTICLE 10: VALIDITY OF THE SELLER'S RECORDS
The Member acknowledges, declares, and undertakes that in any disputes arising from this Agreement, the electronic records and system records, commercial records, accounting records, microfilm, microfiche, and computer records kept by the SELLER in its own database or servers shall constitute valid, binding, conclusive, and exclusive evidence; that the SELLER is exempted from the offer of oath; and that this clause constitutes an evidentiary agreement within the meaning of Article 287 of the Code of Civil Procedure.
ARTICLE 11: COMPETENT COURT
Consumers may submit their complaints and objections to the consumer dispute resolution committee or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits determined annually in December by the Ministry of Customs and Trade.
By placing an order, the ORDERER/BUYER is deemed to have read and been informed via the pre-information form and to have accepted all the terms and conditions of this agreement.
SALES PERSON
HEARTISH.CO
BUYER
{{uyeAdiSoyadi}}