Terms of service
DISTANCE SALES AGREEMENT
1 PARTIES
This Agreement has been executed between the parties below within the framework of the terms and conditions stated herein.
BUYER (hereinafter referred to as the BUYER)
Name Surname
Address
SELLER (hereinafter referred to as the SELLER)
Company Name
BEHREM TEKSTIL SAN VE TIC LTD STI
Address
M Nezih Ozmen Mahallesi Kavakli Sokagi No 24 Kat 1 Merter Gungoren Istanbul
Merter Tax Office 1601406800
By accepting this Agreement, the BUYER acknowledges in advance that if the BUYER confirms the order subject to this Agreement, the BUYER will be obliged to pay the order amount and any additional charges stated such as shipping fee and taxes if applicable and that the BUYER has been informed about this matter.
2 DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings set forth below.
Minister means the Minister of Customs and Trade
Ministry means the Ministry of Customs and Trade
Law means the Law on the Protection of Consumers numbered 6502
Regulation means the Regulation on Distance Contracts Official Gazette dated 27112014 numbered 29188
Service means any consumer transaction other than the supply of goods performed or undertaken in return for a fee or benefit
Seller means the company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the company offering goods
Buyer means the real or legal person who acquires uses or benefits from a good or service for non commercial or non professional purposes
Site means the website belonging to the Seller
Ordering Party means the real or legal person who requests a good or service via the Seller website
Parties means the Seller and the Buyer
Agreement means this Agreement executed between the Seller and the Buyer
Goods means movable property subject to shopping and software audio visual and similar intangible goods prepared for use in electronic environment
3 SUBJECT
This Agreement regulates the rights and obligations of the Parties under the provisions of the Law on the Protection of Consumers numbered 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are stated below and which the BUYER orders electronically via the SELLER website.
The prices listed and announced on the Site are sales prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a specific period remain valid until the end of the specified period.
4 SELLER INFORMATION
Title
BEHREM TEKSTIL SAN VE TIC LTD STI
Address
M Nezih Ozmen Mahallesi Kavakli Sokagi No 24 Kat 1 Merter Gungoren Istanbul
Phone
02122403907
Fax
Email
destek@etrucci.com
5 BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email username
6 ORDERING PARTY INFORMATION
Name Surname Title
Address
Phone
Fax
Email username
7 INFORMATION ON THE GOODS OR GOODS SUBJECT TO THE AGREEMENT
7 1 The basic characteristics of the goods products services such as type quantity brand model color and number are published on the Seller website. If a campaign is organized by the Seller you may review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7 2 The prices listed and announced on the Site are sales prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a specific period remain valid until the end of the specified period.
7 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 including VAT
Shipping Amount
Total
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7 4 The shipping fee which is the cost of dispatching the product shall be paid by the BUYER.
8 INVOICE INFORMATION
Name Surname Title
Address
Phone
Fax
Email username
Invoice delivery
The invoice will be delivered together with the order to the invoice address during delivery of the order.
9 GENERAL PROVISIONS
9 1 The BUYER accepts declares and undertakes that the BUYER has read and obtained information on the Seller website regarding the basic characteristics of the product subject to the Agreement the sales price payment method and preliminary information on delivery and that the BUYER has provided the necessary confirmation electronically. The BUYER accepts declares and undertakes that by confirming the Preliminary Information electronically the BUYER has obtained accurately and completely the address that must be provided to the BUYER by the SELLER before the establishment of the distance sales agreement the basic characteristics of the ordered products the prices of the products including taxes and the payment and delivery information.
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 place of residence provided that it does not exceed the legal period of thirty 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 qualities specified in the order and if any with warranty documents user manuals and the information and documents required by the work free from any defects in a sound manner in accordance with the requirements of the legislation and standards to perform the work within the principles of honesty and good faith to maintain and improve service quality and to act with due care and diligence prudence and foresight during performance.
9 4 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the expiration of the period of performance obligation arising from the Agreement.
9 5 If it becomes impossible to fulfill the ordered product or service and the SELLER cannot perform the contractual obligations the SELLER accepts declares and undertakes to notify the consumer in writing within three days from the date it becomes aware of the situation and to refund the total amount to the BUYER within fourteen days.
9 6 The BUYER accepts declares and undertakes to confirm this Agreement electronically for delivery of the product subject to the Agreement and that if the product price is not paid for any reason and or is canceled in bank records the SELLER delivery obligation for the product subject to the Agreement shall terminate.
9 7 If after delivery to the BUYER or the person and or organization at the address indicated by the BUYER the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized unfair use of the BUYER credit card by unauthorized persons the BUYER accepts declares and undertakes to return the product subject to the Agreement to the SELLER within three 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 period due to force majeure events that occur outside the will of the Parties are unforeseen and prevent and or delay the performance of obligations the SELLER accepts declares and undertakes to notify the BUYER. The BUYER has the right to request cancellation of the order replacement with an equivalent product if any and or postponement of the delivery period until the preventing situation is eliminated. In case of cancellation by the BUYER for payments made in cash the product amount shall be paid to the BUYER in full within fourteen days. For payments made by credit card the product amount shall be refunded to the relevant bank within fourteen days after cancellation by the BUYER. The BUYER accepts declares and undertakes that the average process for the amount refunded to the credit card to be reflected by the bank to the BUYER account may take two to three weeks and that delays are entirely related to the bank processing and therefore the BUYER cannot hold the SELLER responsible for possible delays.
9 9 The SELLER has the right to contact the BUYER via the address email landline and mobile phone numbers and other contact information stated in the registration form on the Site or later updated by the BUYER through letters email SMS phone calls and other means for communication marketing notification and other purposes. By accepting this Agreement the BUYER accepts and declares that the SELLER may carry out the communication activities stated above.
9 10 The BUYER shall inspect the goods service before receiving and shall not accept from the cargo company damaged and defective goods service such as dented broken torn packaging etc. Goods service received shall be deemed undamaged and intact. After delivery the obligation to carefully protect the goods service belongs to the BUYER. If the right of withdrawal is to be used the goods service must not be used. The invoice must be returned.
9 11 If the credit card holder used during the order is not the same person as the BUYER or a security vulnerability regarding the credit card used in the order is detected before delivery the SELLER may request the BUYER to submit the identity and contact information of the card holder the credit card statement of the previous month or a letter from the card holder bank stating that the credit card belongs to the card holder. The order will be frozen until the requested information documents are provided and if these requests are not met within twenty four 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 website is accurate and that the BUYER will immediately compensate all damages incurred by the SELLER due to the inaccuracy of such information upon the first notification of the SELLER in cash and in full.
9 13 The BUYER accepts and undertakes from the outset to comply with legal legislation while using the Seller website and not to violate them. Otherwise all legal and penal liabilities arising shall be binding solely and exclusively on the BUYER.
9 14 The BUYER cannot use the Seller website in any way that disrupts public order is contrary to public morality disturbs or harasses others for an illegal purpose or in a manner that infringes the material and moral rights of others. In addition the member cannot engage in activities such as spam virus trojan etc that prevent or make it difficult for others to use the services.
9 15 Links may be provided through the Seller website to other websites and or other content that are not under the control of the Seller and or belong to and or are operated by third parties. These links are provided to facilitate redirection for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.
9 16 The member who violates one or more of the articles listed in this Agreement shall be personally responsible criminally and legally due to such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition if due to such violation the matter is brought to the legal field the SELLER reserves the right to claim compensation from the member due to non compliance with the membership agreement.
10 RIGHT OF WITHDRAWAL
10 1 If the distance contract relates to the sale of goods the BUYER may use the right of withdrawal from the Agreement by rejecting the goods within fourteen days from the delivery date to the BUYER or to the person organization at the address indicated by the BUYER provided that the BUYER notifies the SELLER without assuming any legal or penal responsibility and without giving any reason. In distance contracts related to service provision this period starts from the date of signing of the contract. The right of withdrawal cannot be used in service contracts where performance has started with the consumer approval before the expiry of the right of withdrawal period. Costs arising from exercising the right of withdrawal belong to the SELLER. By accepting this Agreement the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
10 2 In order to exercise the right of withdrawal a written notice must be sent to the SELLER within fourteen days by registered mail fax or email and the product must not have been used within the framework of the provisions of Products for Which the Right of Withdrawal Cannot Be Used regulated in this Agreement. In case this right is used
a The invoice of the product delivered to a third person or to 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 Returns of orders invoiced to institutions cannot be completed unless a return invoice is issued
b Return form
c The box packaging and if any standard accessories of the products to be returned must be delivered complete and undamaged
d The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt to the BUYER within ten days at the latest from the date the withdrawal notice reaches the SELLER and to take back the goods within twenty days
e If there is a decrease in the value of the goods due to the fault of the BUYER or return becomes impossible the BUYER is obliged to compensate the SELLER damages in proportion to the fault However the BUYER is not responsible for changes and deterioration arising from proper use of the goods within the withdrawal period
f If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal the discount amount benefited within the campaign is canceled
11 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared in line with the request of the BUYER or clearly personal needs and not suitable for return underwear bottom pieces swimwear and bikini bottoms makeup materials single use products goods that are at risk of rapid deterioration or likely to pass their expiration date products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery products that are mixed with other products after delivery and cannot be separated by their nature goods related to periodicals such as newspapers and magazines except those provided within the scope of a subscription agreement services performed instantly in electronic environment or intangible goods delivered instantly to the consumer audio or video recordings books digital content software programs data recording and storage devices computer consumables cannot be returned if their packaging has been opened by the BUYER according to the Regulation Also the right of withdrawal cannot be used for services whose performance has started with the consumer approval before the withdrawal period ends according to the Regulation
For cosmetics and personal care products underwear swimwear bikini books copyable software and programs DVD VCD CD and cassette and stationery consumables toner cartridge ribbon etc in order to be returnable their packaging must be unopened untested undamaged and unused
12 DEFAULT AND LEGAL CONSEQUENCES
If the BUYER falls into default in cases where payment is made by credit card the BUYER accepts declares and undertakes that the BUYER will pay interest within the framework of the credit card agreement with the card issuing bank and will be responsible to the bank In this case the relevant bank may resort to legal remedies may claim expenses and attorney fees from the BUYER and in any case if the BUYER falls into default due to the debt the BUYER accepts declares and undertakes to compensate the damages and losses incurred by the SELLER due to late performance of the debt
13 COMPETENT COURT
In disputes arising from this Agreement complaints and objections shall be made to the consumer arbitration committee or consumer court located at the place of residence of the consumer or where the consumer transaction is made within the monetary limits specified in the law The monetary limit information is as follows
Effective as of twenty eight May two thousand fourteen
a In disputes with a value below two thousand Turkish lira district consumer arbitration committees
b In disputes with a value below three thousand Turkish lira provincial consumer arbitration committees
c In provinces with metropolitan status in disputes between two thousand Turkish lira and three thousand Turkish lira applications are made to provincial consumer arbitration committees
This Agreement is made for commercial purposes.
14 EFFECTIVE DATE
When the BUYER completes the payment for the order placed through the Site the BUYER is deemed to have accepted all 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 completed.
SELLER
BEHREM TEKSTIL SAN VE TIC LTD STI
BUYER
DATE