Distance Sales Agreement

ARTICLE 1 - PARTIES

1.1 SELLER

 

TITLE : A46 Textile Product. Imp. Ihr. Singing. ve Tic. Ltd. Sti.

ADDRESS: Yesilce Mah. Dalgic Sok. No: 19/4 Seyrantepe – Istanbul

TELEPHONE :

FAX :

EMAIL :

1.2. BUYER 

NAME/SURNAME/TITLE:

ADDRESS :

TELEPHONE :

EMAIL :

ARTICLE 2 - SUBJECT

The subject of this Agreement is the product(s) that the CUSTOMER has ordered electronically from the website named tuvanam.com and published in the Official Gazette on 27.11.2014 regarding the sale and delivery of the product(s) whose code, name, quantity and sales price are specified in the invoice. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.

ARTICLE 3 – DETERMINATION OF MATTERS REGARDING THE CONTRACT PRODUCT, PAYMENT AND DELIVERY

3.1 PRODUCTS

The main features of the goods or services are available at tuvanam.com . It is the sales price listed about the products and announced on the site. Announced prices and campaigns will remain valid until they are updated and changed. Prices announced for a period of time will be valid until the end of the specified period. All taxes of the goods or services subject to the contract are included in the sales price and published on the site.

3.2 DELIVERY METHOD AND PLAN

Delivery address :

Delivery Person :

Billing Information :

After the ordered product or products are supplied by Tuvanam, the shipment will be started within 3-5 working days according to the category. For all orders made on the website, shipping is free and the shipping fee will be paid by the SELLER.

3.3 OVERDUE INTEREST

Payment for the purchased products will be made in cash or by credit card. For this reason, no delay interest is applied by the SELLER.

ARTICLE 4 - GENERAL PROVISIONS

4.1. On the tuvanam.com website, you have read the preliminary information about the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, the delivery and the costs of this, the delivery time, and the full trade name, full address and contact information of the SELLER, and correctly and declares that it is fully informed and gives the necessary confirmation in electronic environment.

4.2. The product or service subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period. All kinds of shipping charges regarding the delivery shown in Article 3 will be covered by the SELLER and will not be reflected under the name of “Shipping Fee” on the BUYER's invoice for his order and is included in the product price.

4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

4.4. The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, the BUYER shall bear all the costs incurred due to the late delivery of the product by the BUYER and the waiting of the product in the cargo company and/or the return of the cargo to the SELLER.

4.5. In the event that the payment for the service(s) subject to the contract is made by the BUYER by credit card, all kinds of legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the service will be provided, It belongs to the BUYER. The BUYER accepts and undertakes that he will not make any claims from the SELLER in case of any damage in the aforementioned situations.

4.6. If a repair is requested for the product, the periods specified in the Consumer Law and related regulations are applied.

4.7. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

4.8. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded in 10 days according to the payment method in the order.

4.9. The delivery of a collected order reserves the right to change the intermediary cargo company for end users without giving any information, unless there is a temporary disruption.

4.10. After the delivery of the product, the product price of the relevant bank or financial institution due to the unfair or unlawful use of the BUYER's credit card, debit card, debit card and/or other payment systems offered on the Website by unauthorized persons, not due to the BUYER's fault, shall be paid by the SELLER. In case of failure to pay, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.

4.11. After the package is received, it is deemed that the delivery company has done its duty properly. Therefore, packages that are found to be damaged during delivery should not be accepted and a report should be kept.

ARTICLE 5 REFUND PROCEDURE

 5.1. In cases where the BUYER uses its right of withdrawal or the product subject to the order cannot be supplied for various reasons, or in cases where it is decided to refund the BUYER with the decisions of the arbitral tribunal, the entire amount collected by the SELLER is credit card, debit card and/or debit card and presented on the Website. In payments made with other payment systems, the product amount is returned to the relevant bank within 14 (Fourteen) days after the order is canceled by the BUYER. If the BUYER has purchased the product in installments by the bank, the payment refund is made to the BUYER's credit cards in installments in the same number of installments. After this amount is returned to the bank, the reflection on the BUYER's accounts is entirely related to the process of the banks, and it is not possible for the SELLER to intervene in any way regarding this issue.

5.2. The products that are requested to be returned or changed must be put in a separate package / parcel and returned in such a way that they will not be damaged in the cargo. Damages that may occur on the original boxes of the products and the cargo attached to them, etc. Returns or exchanges will not be possible, as the tags impair the originality of the products and therefore their re-saleability.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. Consumer; has the right to withdraw from the contract by rejecting the goods without taking any legal and penal responsibility and without giving any reason, within 14 days from the date of delivery in distance contracts for the sale of goods. However, some products on sale on our website are sewn to order, and these dresses are not returnable. This phrase is clearly stated on the detail pages of the relevant products. In distance contracts related to service provision, this period starts on the date of signing of the contract. If it is agreed in the contract to perform the service before the expiry of 14 days, the Customer may use his right of withdrawal until the date the performance begins. The costs arising from the use of the right of withdrawal belong to the SELLER in case the product is sent with the cargo company that the SELLER has contracted.

6.2. In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail specified in Article 1 of this Contract within 14 days and the product must not be used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must not have been used within the framework of the provisions of Article 6 included in the distance sales contract. In case the returned product is returned with the SELLER's contracted courier company, the return shipping costs will be covered by the SELLER.

6.3. The products to be returned within 14 days must be delivered complete and undamaged together with the box and packaging. The product price is returned to the Customer within 14 days following the receipt of these documents by the Seller.

6.4. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.

ARTICLE 7 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts,

  1. a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier,

  2. b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.

  3. c) Contracts for the delivery of perishable or expired goods.

ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.

  1. d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

  2. e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.

  3. f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.

  4. g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.

ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

  1. h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.

ARTICLE 8 – AUTHORIZED COURT

Turkish Law applies to disputes arising from the implementation of this Agreement, and Istanbul (Central) Courts and Enforcement Offices are authorized.

This Agreement has been read, accepted and confirmed by the parties electronically. In matters not regulated in this Agreement, the provisions of the Law No. 6502 on the Protection of the Consumer and the relevant legislation shall apply. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

SELLER: A46 Tekstil Ür. Imp. Ihr. Singing. ve Tic. Ltd. Sti.

BUYER :

HISTORY :