DISTANCE SALES CONTRACT
This Agreement is signed between the following parties under the terms and conditions stated below.
A.‘BUYER’ ; ( hereinafter referred to as "BUYER")
B.‘SELLER’ ; (hereinafter referred to as "SELLER" )
NAME- SURNAME:BENDİS TAKI VE GÜZELLİK ÜRÜNLERİ TİC.LTD.ŞTİ.
ADRESS: Esentepe mh. Kore Sehitleri cd. Propa plaza Sisli Istanbul
By accepting this contract, the BUYER , upon approval of his/her order, accepts the obligation of payments for subject matter order, and he/she has the information about the basic qualifications, the price, delivery fee if applicable, taxes and other additional fees of releted order.
In the implenetation of this contract, following terms will refer to these descriptions :
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation(RG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction, other than providing goods that are committed to or made in return for a fee or benefit,
SELLER: The company acting in the name or account offering goods to the consumer or offering goods within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER’s web site,
ORDERER: A real or legal person who requests a good or service on the web site of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: The contract concluded between the SELLER and the BUYER,
PRODUCT: It refers to movable goods subject to shopping and software prepared for use in electronic environment, sound, image and other intangible goods.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and Regulation on Distance Contracts related to the sales and delivery of the product and the price and the price of the purchase, as specified below, where the BUYER placed an order electronically on the website of the SELLER. The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and modified. The prices announced for a spesific time frame are valid only until the end of the specified period.
4. SELLER INFORMATION
Title : BENDİS TAKI VE GÜZELLİK ÜRÜNLERİ TİC.LTD.ŞTİ.
Adress : Esentepe mh. Kore sehitleri cd. Propa plaza Sisli Istanbul
Telephone : 0 (533) 063 83 83
E-mail : www.bendisdesign.com)
5. BUYER INFORMATION
The person to be delivered
6. ORDERER’S INFORMATION
7. SUBJECT MATTER PRODUCT / PRODUCTS OF THE CONTRACT
7.1. The basic characteristics (type, quantity, brand / model, color, number) of the goods / Product / Products / Services are published on the website of the SELLER. In case SELLER organizes a promotion campaign, basic features of the product can be reviewed the during the campaign. Valid till the end of campaign date.
7.2. The prices listed and announced on the site are the sales prices. The advertised prices and promises are valid until they are updated and modified. The prices announced within a campaign for a limited period of time, are valid only till th espesified date.
7.3. The selling price of the goods or services subject to this contract, including all taxes, is shown below.
Product Description/ Quantity/Unit Price/ Sub Total
Payment Method and Plan
Name of the person to be delivered:
7.4. The delivery cost will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: Invoice will be delivered along with the ordered product to the delivery address.
9. GENERAL PROVISIONS
9.1. The BUYER reads and accepts, declares and undertakes the preliminary information about the basic properties, sales price and payment method and information on delivery of the product subject to the contract on the internet site of the SELLER and give the necessary confirmation in the electronic environment.
Upon confirming the acknowledgement information by the BUYER in electronic platform, with the establishment of the distance sales contract, the SELLER accepts, declares and undertakes that the seller completely and correctly has the right address, the basic properties of the products ordered, the price of the products including taxes, payment and delivery information, .
9.2. Each product subject to this contract, shall be delivered to the person and / or organization at the address indicated by the BUYER to the person designated by the BUYER or the BUYER himself/herself within the period specified in the order acknowledgement information on the website, , provided that it does not exceed the legal period of 30 days depending on the location of the delivery. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. SELLER, declares and undertakes to deliver subject matter products in this contract, in accordance with the qualifications specified in the order, the warranty documents, user manuals all documents providing information in accordance with the requirements of the legal regulations,in complete,solid and sound manner in accordance with the standards legal legislation, to perform according to the standarts with the principles of accuracy and honesty and to maintain and increase the quality of service, to pay required care and attention during the operation, and to act with prudence .
9.4. The SELLER may supply a different product at equal quality and price by informing the BUYER and expressly obtaining his/her approval before the contractual performance obligation expires.
9.5. If the contractor fails to fulfill the obligations of the contract if the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will inform the consumer in writing within 3 days from the date of receiving such information, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she is obliged to confirm this contract in the electronic environment, and that the SELLER’S obligation of delivery of goods that are subject to this contract will be terminated automatically,if: for any reason fails to make payment and/or cancellation in the bank records
9.7. If the SELLER does not get paid by the related bank or financial institution as a result of the fraud use of the credit card belonging to the BUYER by the unauthorized person(s) after the delivery of the product, the BUYER accepts, declares and undertakes that the goods subject to the contract will be returned to the SELLER in no later than 3 days, delivery costs to be paid by the SELLER.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if the contractor cannot deliver the product in due time, due to force majeure situations such as the occurrence of unforeseeable and unforeseen circumstances which prevent the parties from fulfilling their obligations and / or delay the fulfillment of their obligations.
The BUYER shall also be entitled to request the cancellation of the order, replacement of the product subject to the contract with its precedent and / or postponement of the delivery period until the abolition of the prohibitive situation from the SELLER.
In case of the cancellation of the order by the BUYER, in the case of the payments made by the BUYER in cash, the product amount shall be paid to the BUYER within 14 days in cash.
In the case of credit card payments by the BUYER, the product amount shall be returned to the bank within 14 days after the cancellation of the order by the BUYER.
BUYER, accepts, declares and undertakes that the amount returned to the credit card by the SELLER to the bank, but may take 2 to 3 weeks in avarage to be reflected to his/her account, and that this procedure has no relations with the SELLER and it is a bank transaction process, and will not hold SELLER responsible for possible delays or such.
9.9. SELLER has the right to reach BUYER for communication, marketing, notifying and other similar purposes, through the address, e-mail address, fixed and mobile phone lines and other contact information that was entered during the registration process and which has updated by himself/herself ; through letters, e-mails, SMS , phone calls and other means. By accepting this agreement, BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above.
9:10. The BUYER shall inspect contract matter goods / services at the time of delivery, before accepting the delivery, and should not accept the delivery of damaged, broken, torn packaging,etc.and damaged and defective goods / services from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact.
Protection and care of the goods / services after the delivery, belongs to the BUYER. Withdrawal right can only be valid if received Goods / services have not been used. Invoice must be returned.
9:11. In cases of the person receiving the goods and the card holder is not being the same person, or when a fraud or security incident occurs regarding the card used to purchase contract matter goods, THE SELLER may require identification records, the account statement of the used card for the previous month, or card holder’s bank’s confirmation letter confirming that the credit card actually belongs to the subject matter person from the BUYER. The order will be frozen in the period until the the information / documents requested by the BUYER is provided, and if the claims 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 given to the SELLER when he/she becomes a member of the SELLER’s site, and undertakes to cover all possible losses in full and in cash that the SELLER may incurr incase of incorrect information, immediately upon notification.
9:13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them when using the internet site of the SELLER. Otherwise, all legal and penal obligations will be completely and exclusively binding to the BUYER.
9:14. The BUYER cannot use the web site of the SELLER in any way to disrupt the public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate other member’s use the services.
9:15. The SELLER's website may be linked to other websites and / or other content owned and / or operated by third parties that are NOT under the SELLER's control. These links are provided to ease the orientation to the BUYER and do not support any website or the person(s) who operates the site and do not constitute any guarantee for the information contained in the Linked Websites.
9:16. The member who violates one or more of the articles mentioned in this contract shall be personally, criminally and legally responsible for such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Also; In the event that the incident is referred to the legal area due to this violation, the SELLER reserves the right to claim damages for non-compliance with the membership agreement against the member.
10. RIGHT TO WITHDRAW
10.1. BUYER; owns the rights to reject the goods and withdraw from the distance sales contract, without any legal or criminal penalty and with no reasons, by notifiying the SELLER within 14 (fourteen) days from the date of delivery of the product to the person / organization at the address indicated by him. In the case of distant contracts for service provision, this period starts on the date of signing the contract. Before the end right of withdrawal duration, withdrawal rights can not be used if the service has started with the approval of the consumer,. The costs arising for the use of the right of withdrawal belong to the SELLER. The BUYER, by accepting this agreement, also accepts that she/he has been informed of the rights to withdraw in advance.
10.2. In order to exercise the right of withdrawal, a written notice by registered mail, fax or e-mail must be made to the SELLER within 14 (fourteen) days and the product has not been used in accordance with the provisions of the "Products which cannot be Denied" issued in this contract. If this right is used,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is a corporate invoice, it must be sent with the return invoice issued by the corporate)
b) Return form,
c) Products to be returned must be delivered in complete and undamaged manner in the box, package and standard accessories, if any
d) The SELLER is obliged to return the total price and the documents that obligates the debt of the BUYER to the BUYER within 10 days from the date of the withdrawal notification is received, and to accept the returned the goods within 20 days.
e) If there is a decrease in the value of the goods or a return is not possible due to a reason caused by the BUYER's misuse, the BUYER is liable to compensate the losses of the SELLER at the rate of the BUYER caused defects. However, the BUYER is not liable for any change or deformation caused by the proper use of the product within the period of cancellation.
f) The discount amount used within the scope of a spesific campaign shall be canceled if the limit of the campaign issued by the SELLER falls below the limit due to the exercise of the right of withdraw.
11. PRODUCTS THAT THE RIGHT TO WITHDRAW IS NOT APPLICAPLE
If the product is custom made under BUYER’s request or clearly prepared for his/her personal needs, underwear, swimwear and bikini bottoms, make-up materials, disposable products, products with a danger of rapid deterioration or with close expiry dates , products that are unsuitable once it is open after the delivery for helath and hygene reasons, products that are mixed with other products thus impossible to seperate as per the nature of the product, Goods related to periodicals such as newspapers and magazines other than the ones provided within the concept of the contract and opened packages of intangible goods or audio or video recordings, books, digital content, software programs, data storage and storage devices, computer supplies, are not possible to return by the BUYER as per the Regulation. In addition, in cases where the servicing start before the right of withdraw period ends, with the approval of the consumer, the right to withdraw can not be applied as per the Regulation. Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copied software and programs, DVD, VCD, CD and cassettes and stationery supplies (toner, cartridges, ribbons, etc.) can ONLY be returned in case their packaging is not open, thus not triedout, used and damaged.
12. DEFAULT AND LEGAL RESULTS
When the BUYER gets in default for the payments for the purchases by credit card, the BUYER accepts, declares and undertakes that he/she will pay interest to the bank as per the contract between his/her bank and will be held responsible to the bank. In that case, the relevant bank may start legal actions; and may request to receive all costs that may ariseas well as the attoney’s fee and in all circumstances accepts, declares and undertakes to cover possible losses that SELLER may face due to this incident of late payment.
13. AUTHORIZED COURT
Complaints and appeals in disputes arising from this contract , shall be made to the arbitral tribunal or to the consumer court where the consumer's place of settlement or the location of the consumer transaction took place within the limits that are stated in below law article,. Information on the monetary limits is as follows:
For applications to be submitted to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces without metropolitan status,
d) Provincial consumer arbitration committees were assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras in the t Counties’ of the non metropolitan Provinces.
This Agreement is made for commercial purposes.
When the BUYER realizes the payment against an order through the SITE, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.