DISTANT SALES AGREEMENT

ARTICLE 1 – SUBJECT:

The subject of this agreement covers the rights and obligations of the parties in accordance with the provisions of the Regulation on the Protection of Consumers no. 4077.

ARTICLE 2 – SELLER INFORMATION:

Title:

Address:

Telephone :

Fax:

E-mail:

ARTICLE 3 – CUSTOMER INFORMATION:      

Name / Surname / Title:

Address:

Telephone :

Fax:

E-mail:

ARTICLE 4 – CONTRACT SUBJECT PRODUCT INFORMATION:

The type, quantity, brand/model, color, quantity, sales price, payment method of the goods/services are as follows:

Goods / Product type:

Brand / Model:

Color:

MOQ:

Sales Price (with VAT):

Shipping fee:

Payment method:

Delivery Person:

Delivery address:

Invoice / Organization:

Billing address :

Phone:

Tax Administration:

ARTICLE 5 – GENERAL PROVISIONS:

5.1 . The Client declares that he/she reads all the preliminary information about the basic qualifications, sales price, payment method and delivery of the contract product mentioned in Article 4 listed below and gives the necessary confirmation in electronic environment.

a) SELLER’s title and contact information and current identifier information,

b) Means and methods appropriate for the purpose of correcting incorrectly entered information during the stages of the sales process during the purchase of the Products from the Website,

c) CUSTOMER’s confidentiality, data use-processing and CUSTOMER’s electronic communications with the CUSTOMER for the CUSTOMER information applied by the SELLER;

d) The limitation of shipment of the products foreseen by the SELLER,

e) the total price of the products including the basic features and qualifications of the products and taxes, including the payment method-tools accepted by the SELLER for the products subject to the contract (the total cost that the CUSTOMER will pay to the SELLER, including the related costs),

f) Information on delivery of goods to CUSTOMER and transportation-delivery-shipping costs,

g) other payment/collection and delivery information related to the products, information on the performance of the Convention and the responsibilities of the Parties on these matters.

h) Products and other goods-services that the CUSTOMER does not have the right to cancel,

i) In the event that the CUSTOMER has the right of withdrawal, the CUSTOMER will lose its right of withdrawal if the terms of use, duration and method of using this right are not used within the period.

j) In products which have the right of withdrawal, if the Product is deformed or changed due to not being used in accordance with its normal operation or technical specifications within the period of cancellation, CUSTOMER’s withdrawal request may not be accepted and in every case he/she will be responsible to the SELLER. In cases where it deems appropriate according to the said disorder or change it can deduct from the refund to the CUSTOMER,

k) How to return the Products to the SELLER in cases where the right of withdrawal exists and all financial matters related to the return paths, costs and refunds and rebates for the points of reimbursement and reimbursement of the Product points earned/used by the CUSTOMER,

l) Details of the conditions of use (special conditions) of the CUSTOMER regarding various opportunities that may be applied periodically on the Website,

m) All other sales conditions stated in this Agreement and when this Agreement on the WEBSITE is approved by the CUSTOMER after the establishment and sent to the CLIENT by electronic mail, the CUSTOMER can store it for an unlimited period of time whereas the SELLER will keep it for three years. 

n) In cases of dispute, the CUSTOMER can submit his/her complaints to the SELLER and may submit his legal applications with the relevant provisions of the Law no. 6502

5.2 – The product subject to the contract shall be delivered to the CUSTOMER or the person/organization at the address indicated in the preliminary information, depending on the distance of the CLIENT’s settlement for each product provided that the legal 30-day period does not exceed.

5.3 – If the product subject to the contract is to be delivered to another person/organization from CUSTOMER, the SELLER cannot be held liable for the person/organization to be delivered and will not accept the delivery.

5.4 – The SELLER is responsible for the delivery of the product subject to the contract in full, in accordance with the qualifications specified in the order.

5.5 – For the delivery of the product subject to the contract, the signed copy of this contract must be submitted to the CLIENT and the price must be paid by the CUSTOMER’s preferred form of payment. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been liberated from the obligation to deliver the product.

5.6 – After the delivery of the product, the credit card of the CUSTOMER is unfairly or unlawfully used by unauthorized persons in a manner not caused by the fault of the SELLER. It must be sent to SELLER within 3 days. In this case, the shipping costs belong to the SELLER.

5.7 – The SELLER is obliged to inform the CUSTOMER about the situation due to force majeure or the weather conditions which prevents the transportation and cannot deliver the product subject to the contract due to extraordinary situations such as interruption of transportation. In this case, the CUSTOMER may use one of the rights to cancel the order, replace the product with the equivalent if there is any, and/or postpone the delivery period until the preventive situation disappears. In the event that the CUSTOMER cancels the order, the amount paid in the cash payments is paid to him/her within 10 days.

For the payments made by the CUSTOMER with credit card, the amount of the product is returned to the bank within 7 (seven) days after the order is canceled by the CUSTOMER. The amount returned to the credit card by the SELLER by the bank to the CUSTOMER’s account , the average process can take 2 (two) to 3 (three) weeks, the amount of this amount after being returned to the CUSTOMER’s account is completely related to the bank transaction process, possible delays accepts, declares and undertakes that the SELLER cannot be held responsible for.

5.8 – CUSTOMER shall confirm that the Supplier shall confirm this Agreement electronically for the delivery of the Product subject to the Contract, if for any reason the product price of the Contract is not paid and/or the bank is canceled in the records of the financial institution, the SELLER shall be obliged to terminate the obligation to deliver the product subject to the contract. Acceptance, declaration and commitment. The CUSTOMER accepts, declares and undertakes that the SELLER does not have any responsibility for the payments made by the bank and/or financial institution to the SELLER for any reason, even after the bank and/or the financial institution has sent a payment unsuccessful code. 

5.9 – CUSTOMER shall examine the goods/services subject to the contract before receiving; dents, broken, torn packaging etc. damaged and defective goods/services will not take delivery from the cargo company. The delivered goods/services shall be deemed to be undamaged and intact. The custody of the goods/services after the delivery is the responsibility of CUSTOMER. Goods/services should not be used if the right of withdrawal is used. Invoice must be returned.

5.10 – If the credit card holder used during the order with the CUSTOMER is not the same person or the product has been identified to the CLIENT before the delivery of the product to the CUSTOMER; SELLER may request from the CUSTOMER to submit an ID, previous bank statements and a document from the bank, confirming that the card is the CUSTOMER’S.  And if the said demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

5.11 – CUSTOMER declares and undertakes that the data when he/she becomes a member, is the personal data confirms that he/she will meet the damage of the SELLER, in case it is caused by the misleading data provided.

5.12 – The CUSTOMER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations will be completely and exclusively connected to the CLIENT.

5.13 – CUSTOMER; SELLER ‘s web site in any way disrupting public order, unethical, uncomfortable and harassing others, for an unlawful purpose, cannot use the physical and moral rights of others to violate. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent others from using the services.

5.14 – The SELLER’s website may contain links to other websites and/or other content owned and/or operated by third parties under the SELLER’s own control. These links are designed to provide ease of referral to CUSTOMER and does not support any website or the person who operates the site and does not constitute any guarantee for the information contained in the Linked Website.

5.15- The member who violates one or more of the articles mentioned in this contract shall be personally and criminally and legally responsible for this violation and shall keep the SELLER free from the civil 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 due to non-compliance with the membership agreement against the member.

5.16 – SELLER, at its own discretion, may organize various campaigns on the website for CUSTOMERS at various times to be determined by the SELLER. In case CUSTOMER return or exchange producst and if the terms of the campaign organized by the SELLER cannot be provided anymore, for any reason, the discount amount/benefit used in the campaign will be canceled and will be deducted from the refund payment to CUSTOMER.

5.17 – In case CUSTOMER can benefit from more than one campaign on the same invoice, the campaigns will not be merged and the CUSTOMER will benefit from only one campaign. The CUSTOMER agrees, declares and undertakes that he will not make any claims in such a case.

5.18 – SELLER reserves the right to discontinue, update and change the terms of the campaigns announced on the website at any time. The CUSTOMER shall review the terms of the campaign prior to each purchase from the Website.

5.19 – CUSTOMER’S banks can set up a number of installments by setting up campaigns and may offer services such as installments. Such campaigns are at bank’s discretion and are given information on campaigns on our pages if they are within the knowledge of the SELLER. Your credit card summary will be reflected to your credit card summary by your bank from the date your account is closed. The Bank may not distribute the installment amounts evenly over the months, taking into account fractions. The creation of your detailed payment plan is at the discretion of your bank.

ARTICLE 6 – RIGHT OF RETRACTION:

CUSTOMER has the right of withdrawal within 14 (fourteen) days following the delivery of the product subject to the contract to the person/organization indicated at him/her. In order to use the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone and the unused, unwashed, undamaged products and labels and cards on the product have not been removed. In case of the exercise of this right, the cargo delivery report shall be returned to the third party or to the CUSTOMER and the original delivery shall be returned to the CUSTOMER. The product price shall be returned to the CUSTOMER within 10 (TEN) days after the SELLER confirmed the conformity of the return conditions of the product. If the original invoice is not sent, VAT and other legal obligations cannot be returned. The delivery price of the returned product due to the right of withdrawal shall be borne by the SELLER in the case where it is made by the cargo company or companies specified in the SELLER’s website. If the cargo company uses an unspecified cargo, the cost of the product is paid by the CUSTOMER.

In case of withdrawal of such right,

a) The invoice and return form of the product delivered to the 3rd person or CUSTOMER (if the invoice of the product that is to be returned is institutionalized, must be sent with the return invoice issued by the institution when it is returned.)

b) Box of products to be returned, label, packaging, with standard accessories, if any   

    It must be delivered as ‘complete and undamaged’.

CUSTOMER is obliged to return the goods to SELLER within 7 (seven) days from the date of expiry.

If the CUSTOMER’s defect is caused by a decrease in the value of the property or if the return is impossible, the CUSTOMER is liable to compensate the damages of the SELLER at the rate of defect.

In case of lowering the campaign limit amount arranged by the SELLER due to the exercise of the right of withdrawal, the discount amount used in the campaign shall be canceled.

In case the cargo free limit is lowered due to the use of the right of withdrawal, the shipping fee is deducted and the fee is refunded.

In cases where CUSTOMER uses the right of withdrawal or if the product subject to the order cannot be supplied for a variety of reasons or if the decision of the arbitral tribunal is decided to be returned to CUSTOMER, the credit card is returned by credit card and if the installment is done, the credit card return procedure is as follows:

If the CUSTOMER has received the product in installments, the Bank makes repayments to the CUSTOMER in installments. After the seller has paid the entire product price to the bank at one time, the refund amounts required for the parties to be not victimized in case the installment expenses made from the Bank’s shares are returned to the credit card by the Bank, are transferred to the accounts of the bearer by installments. CUSTOMER’s installment amounts until the cancellation of the sale, if the date of the return of the card does not conflict with the date of the account cuts each month 1 (one) refund will be reflected and the installments that have been paid before the return of the CUSTOMER after the completion of the installments, the number of installments that have been paid before the return and will be deducted from current debts.

ARTICLE 7 – PROTECTION OF PERSONAL DATA, RULES REGARDING COMMERCIAL ELECTRONIC TRANSMISSION AND INTELLECTUAL PROPERTY RIGHTS

The name, surname, e-mail address, TR ID number, demographic data, financial data, etc. of CUSTOMER, which can be defined as personal data under the Law on Protection of Personal Data numbered 7.1 – 6698. information;

• to take orders, to provide products and services, to develop products and services, to solve systematic problems, to carry out payment transactions, in case of prior approval, to use in marketing activities about orders, products and services, to update CUSTOMER information and to manage and maintain memberships. SELLER between the CUSTOMER and the sales contract signed between the CUSTOMER and third parties to perform the technical, logistics and other similar functions to ensure the fulfillment of the SELLER, SELLER affiliates and third parties and / or organizations can be recorded indefinitely, written / magnetic they can be stored, used, updated, shared, transferred and transferred in archives.

7.2 – Happysoul Tekstil Mağazacılık Ticaret ve Sanayi A.Ş. for all kinds of products and services related to advertising, communication, promotion, sales and marketing purposes, credit card and membership information, transactions and applications in accordance with applicable legislation. Commercial electronic communications can be made by SMS/text message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools, CUSTOMER has accepted to send commercial electronic messages to it.

7.3 – The measures required for the security of the information and transactions entered by the CLIENT on the website are taken according to the current technical facilities according to the nature of the information and the process in the SELLER’s own system infrastructure. However, it is the responsibility of the CUSTOMER to take the necessary measures, including those relating to viruses and other harmful practices, to protect them from being accessed by CUSTOMERS because such information is entered from CUSTOMER’s devices.

7.4- The CUSTOMER can request the SELLER to reach the specified communication channels and to stop the data usage-processing and / or communication at any time. According to the CLIENT’s express notification on this subject, personal data transactions and / or communications to the party are suspended within the legal maximum period; they may also, if they so wish, be deleted from the data logging system or otherwise made anonymous in the manner in which they are legally protected and / or excluded. If the CUSTOMER requests personal data processing, the people to whom it is transferred, if it is missing or wrong, to correct it, to inform the third parties about the corrected information, to erase or to destroy the data, and to analyze it with automatic systems, may apply to the SELLER at any time and get information on such matters as the loss of the data due to unlawful processing of the data. These applications will be examined and the CUSTOMER will return to the customer within the legal period.

7.5 – All kinds of information and content related to the Website and their arrangement, revision and / or partial use; SELLER ‘s agreement, except for other third parties, except; all intellectual and industrial rights and property rights belong to Happysoul Tekstil Mağazacılık Ticaret ve Sanayi A.Ş.

7.6 – The privacy and security policies and terms of use apply to other sites accessed on the Internet Site, and the SELLER is not responsible for any disputes and negative consequences.

ARTICLE 8 – STATUS OF THE STATE VF

In case of default in the transactions made with the credit card, the CUSTOMER accepts, declares and undertakes that the cardholder will pay the interest within the framework of the credit card contract with the bank and be responsible to the bank. In this case, the Bank may apply for legal remedies; If the CUSTOMER is in default due to the debt of the CUSTOMER, the CUSTOMER accepts, declares and undertakes that he will pay the damages and damages incurred by the SELLER due to the delayed performance of the debt.

ARTICLE 9 – FAMILY AGREEMENT AND AUTHORIZED COURT

SELLER records (including recordings in magnetic media such as computer-voice recordings) constitute conclusive evidence in the settlement of any dispute that may arise from this Agreement and/or its implementation. The Parties agree that the CUSTOMER and the SELLER shall be authorized by the Consumer Courts in cases exceeding the Consumer Arbitration Committees at the place of residence of the CLIENT and SELLER within the monetary limits determined by the legislation in the disputes arising from the implementation and interpretation of the Convention.

ARTICLE 10 – EFFECTIVENESS

In case of payment of the order made on the site, the CUSTOMER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements on the site so that it cannot be placed on the site without the consent of the CUSTOMER that it is read and accepted.

SELLER:

NAME OF THE COMPANY:

ADDRESS: 

TEL: 

FAX: 

SIGNATURE:

CUSTOMER:

AD / SOYAD:

ADDRESS:

TEL:

FAX:

SIGNATURE: