Distance Selling Agreement
REMOTE SALES AGREEMENT
1. PARTIES
This Agreement is entered into between the parties below, under the terms and conditions set forth herein.
- 'THE BUYER'; (hereinafter referred to as "THE BUYER" in this agreement)
NAME SURNAME:
ADDRESS:
- 'THE SELLER'; (hereinafter referred to as "THE SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that upon confirmation of the order, they will be obligated to pay the order amount and any additional charges such as shipping fees and taxes, and that they have been informed of this in advance.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall have the meanings set forth opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (RG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods, which is performed or promised to be performed in exchange for a fee or benefit.
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts in the name or on behalf of the company offering the goods.
CONSUMER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement, entered into between the SELLER and the BUYER,
GOODS: Refers to movable property subject to trade and intangible goods such as software, audio, video, and similar items prepared for use in electronic media.
3. TOPIC
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, ordered electronically by the BUYER through the SELLER's website.
The prices listed and advertised on the site are the sale prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the specified end date.
4. SELLER INFORMATION
Title: Naturaliz Personal Care Products and Cosmetics Industry Trade Ltd. Co.
Address: İslambey neighborhood, Akansel street, No:7/7, Arnavutköy/Istanbul
Email: info@naturalizbeauty.com
5. RECIPIENT INFORMATION
The person to be delivered to.
Delivery Address
Telephone
Fax
Email/Username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign is organized by the seller, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and advertised on the site are the selling prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the specified period ends.
7.3. The selling price of the goods or services subject to the contract, including all taxes, is shown below.
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Product Description |
Menstruation |
Unit Price |
Subtotal |
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Shipping Amount |
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Total: |
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Payment Method and Plan
Delivery Address
Person to be Delivered To
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of product shipment, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/Username
Invoice delivery: Invoice is delivered to the invoice address along with the order during order delivery.
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the essential characteristics of the product subject to the contract, the sales price, the payment method, and delivery on the SELLER's website, and have given the necessary electronic confirmation. The BUYER acknowledges, declares, and undertakes that their electronic confirmation of the Preliminary Information constitutes confirmation that they have received accurate and complete information from the SELLER prior to the conclusion of the distance selling contract, including the address to be provided by the SELLER to the BUYER, the essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
9.2. Each product subject to this contract will 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 of the website, depending on the distance to the BUYER's location, provided that this period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the Contract complete, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to perform the work in a sound and standard manner in accordance with legal regulations, free from any defects, in accordance with the principles of accuracy and honesty; to maintain and improve the quality of service; to exercise the necessary care and diligence during the performance of the work; and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price, provided that the SELLER informs the BUYER and obtains the BUYER's express consent before the expiry of the performance obligation arising from the contract.
9.5. The SELLER acknowledges, declares, and undertakes that if the fulfillment of the product or service subject to the order becomes impossible, and if the SELLER cannot fulfill its contractual obligations, it will notify the CONSUMER in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.
9.6. THE BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in the event that the price of the product subject to the Agreement is not paid and/or is cancelled in bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after delivery of the product subject to this Agreement to the BUYER or the person and/or entity designated by the BUYER at the specified address, the payment for the product is not made to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER agrees, declares, and undertakes to return the product subject to this Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. The SELLER acknowledges, declares, and undertakes that if, due to force majeure events such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations, the SELLER is unable to deliver the product within the agreed timeframe, the SELLER will inform the BUYER. The BUYER has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery date until the impediment is removed. In the event of cancellation of the order by the BUYER, for payments made in cash, the product amount will be refunded in cash and in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days of the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount refunded by the SELLER to the BUYER's account may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for any potential delays.
9.9. THE SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other means for communication, marketing, notification, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at the BUYER.
9.10. The BUYER will inspect the goods/services subject to the contract before taking delivery; the BUYER will not accept damaged and defective goods/services from the shipping company, such as those with dents, breaks, torn packaging, etc. The goods/services received will be deemed to be undamaged and intact. After delivery, the responsibility for the careful protection of the goods/services rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used, and consumers cannot exercise their right of withdrawal if the protective elements such as packaging, protective tape, and seals of cosmetic products, as stipulated in the law, have been opened. 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 if a security breach related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the credit card statement from the previous month, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If these requests 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 provided when registering on the SELLER's website is accurate, and that the BUYER will immediately compensate the SELLER in cash and in full for any damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER acknowledges and undertakes from the outset to comply with and not violate the provisions of the relevant legislation when using the SELLER's website. Otherwise, all legal and penal liabilities arising shall be solely and exclusively the responsibility of the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, harasses or abuses others, for any illegal purpose, or in a way that infringes on the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided for the BUYER's convenience and do not constitute an endorsement of any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the clauses listed in this agreement shall be personally liable, both criminally and civilly, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days of the delivery date to the BUYER or the person/entity at the address specified by the BUYER, provided that the BUYER notifies the SELLER, without incurring any legal or penal liability and without giving any reason. For distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer's approval before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be given to the SELLER within 14 (fourteen) days by registered mail, fax, or email, and the product must not have been used, in accordance with the provisions of this agreement regarding "Products for which the Right of Withdrawal Cannot Be Used". If this right is exercised,
a) The invoice for the product delivered to the 3rd party or the RECIPIENT. (If the invoice for the product to be returned is a corporate invoice, it must be sent along with the return invoice issued by the company. Order returns with invoices issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Returned products must be delivered complete and undamaged, including their box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total amount and the documents that bind the BUYER to the BUYER within a maximum of 10 days from the date of receipt of the withdrawal notice, and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or product within the withdrawal period.
f) If the campaign limit amount set by the SELLER is not met due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared according to the BUYER's request or clearly personal needs and not suitable for return, including underwear bottoms, swimwear and bikini bottoms, makeup, cosmetics, disposable items, perishable goods or goods with an expiry date, goods whose packaging has been opened by the BUYER after delivery and whose return is unsuitable for health and hygiene reasons, goods that have been mixed with other goods after delivery and cannot be separated by their nature, goods relating to periodicals such as newspapers and magazines (excluding those provided under a subscription agreement), services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and sound or image 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, as per the Regulation. Furthermore, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's approval before the expiry of the withdrawal period, as per the Regulation.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be unopened, untried, undamaged and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made via credit card, they acknowledge, declare, and undertake to pay interest and be liable to the card-issuing bank in accordance with the credit card agreement between them. In this case, the relevant bank may resort to legal action; it may claim the resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER's damages and losses incurred due to the delayed performance of the debt.
13. COMPETENT COURT
Disputes arising from this contract shall be submitted to the consumer arbitration board or consumer court located in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the following law. Information regarding the monetary limit is provided below:
Effective as of May 28, 2014:
a) In accordance with Article 68 of the Law No. 6502 on Consumer Protection, disputes with a value below TRY 2,000.00 (two thousand) shall be referred to district consumer arbitration boards,
b) In disputes where the value is less than 3,000.00 (three thousand) TL, the provincial consumer arbitration boards shall have jurisdiction,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration boards for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
The BUYER is deemed to have accepted all the terms and conditions of this agreement upon making payment for the order placed via the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is placed.
SELLER:
RECIPIENT:
DATE: