DISTANCE SELLING CONTRACT
1. THE PARTIES
This Contract has been signed by the following parties under the following terms and conditions.
‘BUYER’; (hereinafter referred to as “BUYER”)
‘SELLER’; (hereinafter referred to as “SELLER”)
By agreeing to this Contract, the BUYER agrees in advance that in case they confirm the contractual order, they will be under the obligation to pay the price of the order and additional charges, if any, such as shipping fee, tax, etc., and that they have been informed on the matter.
In the performance and interpretation of this contract, the following terms shall mean the descriptions corresponding to them.
MINISTER: Minister of Customs and Trade
MINISTRY: Ministry of Customs and Trade
LAW: Consumer Protection Law No. 6502
REGULATION: Regulation on Distance Sales Contracts (RG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction, other than providing goods, that are made or committed to be made in return for a fee or benefit;
SELLER: A person that offers goods to consumers under his/her commercial or professional activities or a company that acts on his/her behalf or account;
BUYER: A natural or legal person who acquires, uses, or makes use of goods or services for non-commercial or non-professional purposes;
WEBSITE: SELLER’s website
ORDERING PARTY: A natural or legal person ordering goods or services through the website of the SELLER;
PARTIES: Refer to the SELLER and the BUYER;
CONTRACT: Refers to this contract concluded between the SELLER and the BUYER;
GOODS: Refer to the movable goods subject to shopping, and software, sound, image and similar intangible goods intended for use in an electronic environment.
This Contract governs the rights and obligations of the parties pursuant to the provisions of Law No. 6502 on the Protection of the Consumer and Regulation of Distance Selling Contracts regarding the sale and delivery of the products that have the following qualifications and sales prices and which the BUYER purchases electronically on the website of the SELLER
The prices listed and posted on the website are the sales prices. The posted prices and promises are valid until they are updated or changed. The prices announced for a limited period are valid until the end of the specified period.
4. SELLER’S DETAILS
Title: JERA Tekstil Sanayi ve Ticaret Limited Şirketi
Address: Göktürk Merkez Mahallesi, Memba Sokak, Saklıbahçe Sitesi No:10/21/6 Eyüp/ Istanbul Turkiye
Telephone:+90 212 2870208
5. BUYER’S DETAILS
The person who is a member of the site as a customer or who places an order without being a member, determined by the shopper by entering a separate shipping address information. The address and contact information transmitted during the order confirmation phase are taken as basis.
6. DETAILS OF THE ORDERING PARTY
A person who becomes a member of the site as a customer or who places an order without being a member, makes a purchase. The address and contact information transmitted during the order confirmation phase are taken as basis.
7. CONTRACTUAL PRODUCT(S)
7.1. The basic characteristics (type, quantity, brand/model, colour, pcs.) of the goods, products and/or services are posted on the website of the SELLER. If and when there is a campaign organized by the SELLER, you may view the basic properties of the relevant product during the campaign. This is valid until the expiration date of the campaign.
7.2. The prices listed and posted on the website are the sales prices. The posted prices and promises are valid until they are updated or changed. The prices announced for a limited period are valid until the end of the specified period.
7.3. Sales price of each contractual good or service, including all taxes, consists of the information at the time the order is finalized. This information is sent to the person placing the order as an e-mail following the order confirmation.
7.4. The shipping fee of the product shall be paid by the BUYER.
8. BILLING INFORMATION
The address and contact information transmitted during the order confirmation phase are taken as basis.
Invoice delivery: The invoice shall be delivered to the billing address at the time of order delivery along with the order.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, represents, and warrants that they have read and understood the preliminary information regarding the basic properties of the contractual products, the sales prices, payment methods and the delivery on the website of the SELLER and that they confirmed electronically. By confirming the preliminary information electronically, the BUYER also acknowledges, represents, and warrants that the BUYER received the information that must be provided by the SELLER before the execution of the distance selling contract regarding the address, properties and sales prices of the products, payment and delivery methods, fully and accurately.
9.2. Each contractual products 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. Delivery period may vary depending on the distance of the BUYER’s location, however, it shall not exceed the legal period of 30 days. In case the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, represents and warrants that it shall: deliver the contractual product in full, in accordance with the qualifications specified in the order, and together with the warranty documents, user manuals and information and documents, if any, inherent to the business; perform the contract in accordance with the provisions of the legal legislation and standards and free of any defect and within the principles of honesty; maintain and improve the quality of business, and show the necessary attention and care during the performance of the contract and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price, provided that the SELLER must inform the BUYER and obtain the BUYER’s explicit consent before his performance obligation arising out of the contract has expired.
9.5. In case the SELLER fails to perform its obligations under the contract due to fact that delivery of the contractual goods or services has become impossible, the SELLER agrees, represents and warrants to inform the BUYER in writing within 3 days and to repay the total price to the BUYER within 14 days.
9.6. The BUYER agrees, represents and warrants to confirm this Contract electronically for the delivery of the contractual, and that in case the payment for the contractual product is not done and/or cancelled in the bank records for any reason, the delivery obligation of the SELLER shall end.
9.7. If, after the delivery of the contractual products to the BUYER or person and/or organization at the address provided by the BUYER, the payment for the contractual product has been cancelled by the bank and/or financial organization due to unauthorized use of the BUYER’s credit card, the BUYER agrees, represents, and warrants to return the contractual product to the SELLER within 3 days at the SELLER’s cost.
9.8. If the SELLER fails to deliver the contractual goods in time due to the Force Majeure events that prevent or delay him in fulfilling his obligations such as events that are beyond the control of the Parties, or impossible to foresee at the time of the contract, the SELLER agrees, represents and warrants to promptly notify the BUYER of such occurrence. In this case, the BUYER has the right to to request the SELLER to cancel the order, to replace the contractual product with a precedent, if any, and / or to defer the delivery time until such Force Majeure event is no longer the case. If the order is cancelled by the BUYER, for the payments made by the BUYER in cash, the product/goods price shall be refunded within 14 days in cash and in lumps. For the payments made by the BUYER with credit cards, the product price shall be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER The BUYER acknowledges that the time during which the refunded payment by the SELLER to the credit card is credited to the BUYER’s account may take 2 to 3 weeks and that this process is related to a totally different banking procedure, and as such the BUYER agrees, represents and warrants to not the hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing and/or notification purposes via mail, email, home/business or mobile phones, or other contact information provided and/or updated later by the BUYER on the registration form. By confirming this contract, the BUYER acknowledges and agrees that the SELLER may contact him/her through above-mentioned means.
9.10. The BUYER shall inspect the contractual goods/service before delivery and shall not receive the damaged and defective goods/services from the cargo company if they are crushed, broken, with torn packaging, etc. The delivered goods/services will be deemed undamaged and intact. The obligation to maintain the product/service after delivery belongs to the BUYER. The goods/services should not be used if the right of withdrawal is going to be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used during shopping are not one and the same person or if a security risk is found, before the delivery, regarding the credit card used for the order, the SELLER may require the BUYER to furnish the identity and contact information of the card holder, or credit card statement of previous month or a letter from the bank that verifies the credit card belongs to the BUYER. The performance of the order shall be suspended until the BUYER provides the requested information/documents, and if they are not provided within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER represents and warrants that the personal and other information provided while signing up to the website of the SELLER are true and accurate and that the BUYER shall promptly indemnify all damages incurred by the SELLER due to inaccurate information, in cash and upon the first demand of the SELLER.
9.13. The BUYER agrees and warrants in advance to comply with the provisions of all applicable laws and regulations and to not violate them when using the SELLER’s website. Otherwise, the BUYER shall be bound, solely and exclusively, by all legal and criminal liabilities that may arise.
9.14. The BUYER may not use the SELLER’s website in a way that disrupts public order, violates general morality, disturbs and harasses others, or for illegal purposes, or infringes on the tangible and intangible rights of others. In addition, the member shall not involve in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. The SELLER’s website may contain links to other websites and/or contents that are outside of the SELLER’s control or belong to and/or operated by third parties. Such links are provided to facilitate the navigation of the BUYER and shall not be construed as endorsing any website or the person operating the website and do not constitute any guarantee for the information provided on the linked website.
9.16. The member who violates one or more of the provisions of this contract shall legally and criminally be liable for such violation and shall hold the SELLER harmless and free of any legal and criminal consequences thereof. In addition, if the case is taken to court due to such violation, the SELLER reserves the right to claim damages from the member for the violation of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is about the sale of goods, the BUYER may exercise the right to withdraw by refusing the product without any legal or criminal liability and without any justification within 14 days of the delivery, provided that the BUYER must notify the SELLER of such action. With distance contracts for service provision, this period starts as of the date on which the contract was executed. With service contracts which have been commenced before the expiration of the right to withdraw period, the right to withdraw may not be exercised. If the BUYER is exercising his right of withdrawal due to the product being defective, the shipping fee shall be paid by the SELLER, otherwise return shipping fee shall be paid by the BUYER. In case the shipping fee is paid by the SELLER, the cargo company contracted by the SELLER shall pick up the contractual product from the BUYER, for product returns shipped through other courier companies, the shipping fee shall be paid by the BUYER. By agreeing to this contract, the BUYER acknowledge in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must be unused in accordance with the provisions of “Exceptions to the Right of Withdrawal” foreseen in this contract. If this right is exercised;
a) The product delivered to the 3rd person or the BUYER must be returned together with the relevant invoice (or a return invoice issued by the corporation, if the invoice of the product is of corporation nature). (Order returns whose sales invoice is issued to corporations shall not be processed unless a RETURN INVOICE is issued)
b) Return Slip
c) The products subject to return must be returned in full and undamaged together with the box, packaging, and standard accessories if any
d) The SELLER is obligated to refund the total price and to return any documents indebting the BUYER within 10 days after receiving the notification of withdrawal, and to accept the return of the product within 20 days.
e) If there is a decrease in the value of the product or the return becomes impossible due to a fault of the BUYER, the BUYER is obliged to indemnify the SELLER for any loss, in proportion to the fault of the BUYER. However, the BUYER is not responsible for the changes or deterioration that occur due to the proper use of the goods or products within the cooling-off period (withdrawal period).
f) If the total price goes below the campaign minimum amount due to exercising the withdrawal right, the discount amount benefited under the campaign shall be null and void.
11. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The following items are exemptions to the right of withdrawal under the Regulation: Products custom-made in line with the BUYER’s request or explicitly personal needs and not suitable for return, underwear bottom parts, swimwear, and bikini bottoms, make-up materials, disposable products;
Goods which, by their nature, may deteriorate or have a short shelve life; goods which are unsealed/unpacked by the BUYER after delivery and cannot be returned for reasons of hygiene or health protection; goods which, having been delivered, and by their nature, have been mixed with other goods which they cannot be separated; newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications; services performed instantly on an electronic medium or intangible goods promptly delivered to the consumer; and audio or video recordings, books, digital content, software programmes, data recording and data storage devices and/or computer consumables whose seals or packaging have been unsealed or unpacked by the BUYER. In addition, the right to withdrawal may not be exercised regarding any services that have been commenced upon the demand of the consumer before the expiration of the right of withdrawal.
In order to return items like cosmetics and personal care products, underwear, swimwear, bikinis, books, duplicable software and programmes, DVDs, VCDs, CDs and tapes and stationery consumables (toner, cartridges, ribbons, etc.), they must be unopened, untested, intact, and unused.
REPORT FOR MISSING PACKAGE/GOODS
If there are multiple products in the order of the BUYER, the goods can be shipped partially by the SELLER. The BUYER must check if the number of the products matches the number of the products specified on the invoices issued by the SELLER at the time of delivery by the cargo officer The SELLER issues a separate invoice for each partial shipment. If the package does not contain the number of products specified in the invoice or there are missing products, the BUYER must request a report from the cargo officer. Otherwise, it shall be deemed the Products have been delivered by the SELLER to the BUYER in the units specified on the invoice and in full, and that they have been received by the BUYER in full.
12. DEFAULT AND LEGAL CONSEQUENCES THEREOF
The BUYER agrees, represents and warrants that if the payments made with credit card are in default, the BUYER shall pay interest as specified under the credit card agreement with the issuer bank and be liable to the bank. In this case, the relevant bank may claim legal remedies including any costs and lawyer’s fees thereof; and if the BUYER goes into default due to such debt, the BUYER agrees, represents and warrants to pay any loss and/or damage incurred by the SELLER due to delay in performance of the debt.
13. COMPETENT JURISDICTION
Complaints and objections in disputes arising out of or in connection with this contract shall be made, within the monetary limits specified in the following law, to the arbitration board or the consumer court in the consumer’s location or where the consumer transaction is made. Information on the monetary limit is below:
Effective as of 28/05/2008;
a) Per Article 68 of Law No. 6502 on the Protection of Consumers, district consumer arbitration committees have jurisdiction over disputes with a real value below 2.000,00 (two thousand) TRY,
b) Provincial consumer arbitration committees have jurisdiction over disputes with a real value below 3.000,00 (three thousand) TRY,
c) In provinces holding metropolitan status, provincial consumer arbitration committees have jurisdiction over disputes with a real value between 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY.
d)In the districts of non-metropolitan provinces, provincial consumer arbitration committees are authorized over disputes having a value between 2,400 (two thousand four hundred) TRY and 3,610 (three thousand six hundred and ten) TRY.
This Contract is being executed for business purposes
When the BUYER makes the payment for the order placed on the Site, he/she shall be deemed to have accepted all the terms of this contract. The SELLER must make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is fulfilled.
SELLER: JERA Tekstil Sanayi ve Ticaret Limited Şirketi
BUYER: Person who placed the order
DATE: The date the order was placed