DISTANCE SALES AGREEMENT
This Distance Sales Agreement is signed between the real/legal person who buys the products on the www.r4collections.com website with or without a member, and the designer, supplier or manufacturer of the products on the website and offered to the BUYER in the online system, and whose information is the SELLER. between the natural/legal person included in the invoice to be issued by the Company, within the framework of the Consumer Protection Law No. 4077and the Regulation on Distance Contracts, in accordance with the terms and conditions stated below.
Title PORTAKAL ÇİÇEĞİ TEKSTİL VE MODA EVİ SAN.TİC.LTD.ŞTİ Address 19 Mayıs Mah. 19 Mayıs Cad. No:24 34360 Fulya Şişli İstanbul Telephone No. +902122725290 Mersis No. 0732037779800014 Email email@example.com
Name/Sur Name Title It is included in the invoice Address It is included in the invoice Telephone It is included in the invoice Email It is included in the invoice In case the above-mentioned billing information belongs to different person(s), the BUYER requesting the order will be responsible for all the information given and approved by the BUYER. The BUYER accepts and declares that the information provided is correct and belongs to him.
Real/legal person who buys the products on the www.r4collections.com website with or without being a member ,
The designer, supplier or manufacturer of the products on the www.r4collections.com website and offered to the BUYER in the online system, and the natural/legal person whose information is included in the invoice, SELLER: PORTAKAL ÇİÇEĞİ TEKSTİL VE MODA EVİ SAN. TİC. LTD. ŞTİ. Contract : The Distance Sales Contract concluded between the BUYER and the SELLER, Web Site : The web site of the SELLER named www.r4collections.com , Product : The product(s) that are designed, produced or supplied by the SELLER and offered for sale on the Web Site, the features of each of which are specified on the Web Site, Invoice : The invoice, which is issued by the SELLER and constitutes an integral part of the Contract, Law : Law No. 4077 on the Protection of Consumers, Regulation : Distance Contracts Regulation means.
3. SUBJECT MATTER:
The subject matter of this Agreement is to determine the rights and obligations of the Parties in connection with the sale and delivery of the products with the below indicated specifications and the sales price as electronically ordered by the BUYER through the SELLER’s website. The prices listed and announced on the website are the sales prices. The announced prices and assurances are applicable until such are updated and revised. Any prices announced for a specific period of time shall be applicable until the end of the respective period.
4. PRE-CONTRACTUAL INFORMATION TO THE BUYER The BUYER:
has been provided with explanations and information available on the relevant pages-sections of the Website prior to entering into this Agreement and prior to submitting the order and entering into a payment obligation inter alia in connection with the following issues:
a. The SELLERs identity, contact information and current introductory information pertaining to the SELLER,
b. The different technical steps to follow to conclude the Agreement pertaining to the purchase of the Products from the Website and technical means for identifying and correcting input errors prior to submitting the order,
c. SELLER’s Trade Association (ITO-Istanbul Chamber of Commerce) and electronic contact information for the provision of information on the code of conduct foreseen by ITO for the relevant profession (Tel no.: 444 0 486, www.ito.org.tr), d. Rules pertaining to confidentiality applied by the SELLER for the BUYER’s information as well as the Privacy Statement of the SELLER,
e. Delivery restrictions imposed by the SELLER r for the Products and arrangements for delivery, performance and the time by which the SELLER undertakes to deliver the Products or to perform the Services,
f. Payment methods-tools accepted by the SELLER for the Products constituting the subject matter of the Agreement as well as the main characteristics of the Products, total price incl. taxes (the aggregate amount payable by the BUYER to the SELLER including relevant expenses such as additional freight, delivery or postal charges),
g. Procedure applicable to the delivery of the Products to the BUYER and information on shipment-delivery-courier expenses,
h. Other payment/collection and delivery information pertaining to the Products and information on the enforcement of the Agreement as well as the obligations of the Parties in respect thereof,
i. Products and other goods-services outside the scope of the BUYER’s right of withdrawal,
j. Conditions on the exercise of the BUYER’s right of withdrawal where applicable as well as its time limit and procedure and information on the fact that the BUYER shall no longer be able to exercise such right of withdrawal in case of failure to exercise such right in due time, k. Details of any conditions pertaining to the utilization of certain benefits (special conditions) that may be granted to the BUYER on the Website from time to time, l. All other sales conditions set forth under this Agreement based on the nature of the Product and information on the fact that this Agreement will be electronically sent to the BUYER via e-mail after being established by way of acceptance through the Website and therefore, may be saved and accessed by the BUYER for any desired period and may also be saved by the SELLER for a period of three years.
5. SELLER’S INFORMATION:
Company name : PORTAKAL ÇİÇEĞİ TEKSTİL VE MODA EVİ SAN.TİC.LTD.ŞTİ Address : 19 Mayıs Mah. 19 Mayıs Cad. No:24 34360 Fulya Şişli İstanbul Telephone : +90 212 272 52 90 E-mail : firstname.lastname@example.org
6. BUYER’S INFORMATION BUYER:
Name/Sur Name Title It is included in the invoice Address It is included in the invoice Telephone It is included in the invoice Email It is included in the invoice PRODUCT DESCRIPTION Piece : Available on the www.r4collections.com website and on the invoice. Advance Price : Available on the www.r4collections.com website and on the invoice. Forward Price : Available on the www.r4collections.com website and on the invoice. Subtotal (VAT Included) : Available on the www.r4collections.com website and on the invoice. DELIVERY Delivery address : It is the address reported by the BUYER. Delivery Person : It is the person notified by the BUYER. Billing address : It is included in the invoice. Order date takes : On the website www.r4collections.com Delivery method : By the SELLER through the contracted cargo company.
7. GENERAL OBLIGATIONS OF THE PARTIES:
7.1. Each Product constituting the subject matter of the Agreement shall be delivered to the BUYER or another person and/or entity residing/located at the address notified by the BUYER during the delivery period indicated under the preliminary information section on the Website depending on the distance of BUYER’s residency.
7.2. The SELLER undertakes (i) to deliver the Product constituting the subject matter of the Agreement in full, in accordance with the specifications indicated under the order and if available, together with the certificate of warranty, user’s manual and other necessary information and documents, (ii) to deliver the Product free from any defects, (iii) to maintain and enhance the quality of service, (iv) to exercise due care and diligence during the performance of its duties and (v) to act with caution and prudence.
7.3. The SELLER may supply a different Product with the same quality and price during the period foreseen for the performance of its duties arising from the Agreement, provided that information is provided to the BUYER and the BUYER’s explicit consent is obtained.
7.4. The SELLER undertakes to notify the BUYER with respect to the failure to deliver the Product in due time as a result of force majeure events that are beyond the control of the Parties, unforeseeable and preventing the Parties to fulfil their obligations and/or delaying such performance. In such case, either Party shall be entitled to cancel the order, or the SELLER shall be entitled to substitute the Product with an equivalent product and/or postpone the delivery until the impeding conditions are no longer applicable. If the BUYER cancels the order paid for in cash, the purchase price shall be reimbursed to the BUYER in full and in cash in 10 (ten) days. If payment is made by the BUYER with credit card, the purchase price shall be reimbursed to the relevant bank within 7 (seven) days following the cancellation of the order by the BUYER. It may take 2 (two) to 3 (three) days on average for the bank to deposit the amount reimbursed by the SELLER to the BUYER’s credit card (back charge) to the BUYER’s bank account. If payment is made by the BUYER with Sofort, the purchase price shall be reimbursed to the relevant bank within 3 (three) working days following the cancellation of the order by the BUYER. It may take 6 (six) days on average for the bank to deposit the amount reimbursed by the SELLER to the BUYER’s bank account.
7.5. The BUYER shall examine the good/service constituting the subject matter of the Agreement prior to accepting its delivery and shall not accept the delivery of any damaged (e.g. crushed, broken, torn packaging) or defective goods/services from the courier.
7.6. If the BUYER and the holder of the credit card used during the order process is not the same person or a security flow concerning the credit card used during the order process is identified prior to thfe Product’s delivery to the BUYER, the SELLER may request the BUYER to provide (i) identity and contact information of the credit card holder, (ii) credit card statement of the said credit card pertaining to the previous month or (iii) a letter issued by the respective bank identifying the credit card holder. The order shall be suspended until the requested information/documents is provided by the BUYER and the SELLER shall be entitled to cancel the order in case aforementioned request is not fulfilled within 24 (twenty four) hours.
7.7. The BUYER undertakes that any personal or other information provided on the SELLER’s Website during the membership process is accurate and to compensate any and all damages that may be incurred by the SELLER due to any misrepresentation.
7.8. The BUYER undertakes to comply with and not to violate the provisions under the applicable legislation while using the SELLER’s Website. Otherwise, the BUYER might be subject to any legal and criminal obligation that may arise.
7.9. The BUYER is not authorized to use the SELLER’s Website in any way so as to disturb public order or in an immoral, disturbing or harassing manner, for any illegal purpose or so as to violate moral and material rights of the SELLER or of third parties. Furthermore, the BUYER is not authorized to carry out any transaction that may prevent or complicate the use of services by third parties (e.g. spam, virus, Trojan horse, etc).
7.10. The SELLER’s Website may include links to other websites and/or content owned and/or operated by third parties and/or are beyond the SELLER’s control. Such links are used for the purposes of make it convenient for the BUYER to navigate and do not support any website or the person operating the respective website and does not provide any representation concerning the information available on the relevant website.
8. RIGHT OF WITHDRAWAL:
If the BUYER is a consumer (in the following “you”) and if you have concluded a contract with the SELLER (in the following “we” or “us”) under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication (such as mail order, Internet, telephone or fax) up to and including the time at which the contract is concluded, you may exercise a right of withdrawal subject to the exceptions under A below and the instructions under B below.
A. Exceptions Please note the following exceptions from the right of withdrawal:
a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us;
b. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the withdrawal period;
c. the supply of goods made to your specifications or clearly personalised;
d. the supply of goods which are liable to deteriorate or expire rapidly;
e. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
g. the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by us;
h. contracts where you have specifically requested a visit from us for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, we provide services in addition to those specifically requested by you or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
i. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
j. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
k. contracts concluded at a public auction;
l. the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
m. the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
B. Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract relating to multiple goods ordered by you in one order and delivered separately, of the last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. EVENTS OF DEFAULT AND LEGAL CONSEQUENCES THEREOF;
The BUYER undertakes to pay default interest and be liable towards the bank in case of the BUYER’s default concerning any transaction paid by credit card in accordance with the credit card agreement entered into with the bank issuing the said credit card. In such case, the respective bank may take legal action and the BUYER undertakes to compensate any and all losses and costs incurred by the SELLER due to the delayed performance of its obligation in case of the BUYER’s default concerning its obligations.
10. LIMITATION OF LIABILITY:
10.1. Irrespective of the legal grounds of any claims, the liability of the SELLER shall be limited within the framework of applicable statutory law as set out in this Article 10.
10.2. The SELLER shall be liable without limitation for any damage to life, body or health as well as for any damage caused by intent or gross negligence on the part of the SELLER or any of the SELLERs’s legal representatives, employees or vicarious agents, as well as for any damage resulting from the noncompliance with a guarantee or guaranteed characteristics given by the SELLER, or on account of maliciously concealed defects.
10.3. For damages incurred as a result of a slight negligent breach of essential contractual obligations committed by the SELLER or any of the SELLER’s legal representatives or agents, the SELLER shall be liable only limited to the damage which is foreseeable and typical for the Agreement. Essential contractual obligations are obligations the performance of which is essential for the achieving the purpose of the Agreement and on the performance of which the BUYER can rely on under normal circumstances. The SELLER is not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.
10.4. Any other liability by the SELLER is excluded. The above limitations shall apply accordingly to the benefit of SELLER’s legal representatives, employees or vicarious agents.
10.5. In case of transaction where take place in Germany, any given liability under the German Product Liability Act shall remain unaffected.
11. APPLICABLE LAW:
The law of Republic of Turkey shall apply exclusively to any disputes arising out of or in connection with this Agreement and/or the use of the Website and any purchases made through the Website, regardless of the legal grounds, to the exclusion of any conflict of law provisions which refer to another jurisdiction. The UN Convention on Contracts for the International Sale of Goods shall not apply.
12. COMPLAINTS, ONLINE DISPUTE RESOLUTION:
The European Commission provides for an online dispute resolution platform for consumers, which can be accessed here: http://ec.europa.eu/consumers/odr/. Please note that this platform is not available to customers of the SELLER since the SELLER is not residing in a country within the European Union. Also, the SELLER prefers to solve requests in direct contact with the customer/BUYER and therefore does not participate in alternative consumer dispute resolution proceedings.
This Agreement, which consists of 13 (thirteen) articles, has been read by the parties and approved by the BUYER in electronic environment together with the Preliminary Information Form and has entered into force..