Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

A. ‘BUYER’; (hereinafter referred to as the “BUYER” in the agreement)

B. ‘SELLER’; (hereinafter referred to as the “SELLER” in the agreement)

Username : [kullanici-adi]

Turkish ID No : [tc-no]

Phone Number : 0 (850) 259 98 58

Email Address : info@fedonbronz.com

Name on Invoice : [fatura-kullanici-adi]

Invoice Company Name : [fatura-firma-adi]

Billing Address : [fatura-adresi]

By accepting this agreement, the BUYER accepts in advance that, upon confirming the order subject to the agreement, they will be obliged to pay the order amount and any additional fees stated, such as shipping fees and taxes, and that they have been informed of this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the meanings set out opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction, other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,

SELLER: 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 party offering goods,

BUYER: The natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,

SITE: The website owned by the SELLER,

ORDERING PARTY: The natural or legal person who requests goods or services through the website owned by the SELLER,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Refers to the movable property subject to the purchase and to intangible goods such as software, audio, video and similar items prepared for use in electronic form.

3. SUBJECT

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, whose characteristics and sale price are specified below, ordered electronically by the BUYER through the SELLER's website.

The prices listed and announced on the site are sale prices. Announced prices and offers are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.

4. SELLER INFORMATION

Trade Name: YUKU ORGANIZASYON REKLAM DANISMANLIK KOZMETIK GIDA VE TURIZM TICARET LIMITED SIRKETI

Tax ID / Turkish ID No: 9840785570

Tax Office and No: Mecidiyeköy

Email: info@fedonbronz.com

Address: VISNEZADE MAH. SILAHHANE SK. EBRU APT NO: 6 A BESIKTAS/ ISTANBUL


5. USER INFORMATION

 

USERNAME : [KULLANİCİ-ADİ]

Turkish ID No : [tc-no]

Phone Number : 0 (850) 259 98 58

Email Address : [e-posta-adresi]

6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

6.1 The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign end date.

6.2. The prices listed and announced on the site are sale prices. Announced prices and offers are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.

6.3. The sale price of the goods or service subject to the agreement, including all taxes, is shown below.

Order Date : [tarih]

Order Contents and Total : 

[sepet-tutar]

NOTE: User information will only be displayed if the user is logged in.

6.4.  If cash on delivery is selected, the shipping processing fee will be paid by the BUYER to the shipping company together with the product price. As this fee is a service charge paid to the shipping company, it is non-refundable.

7. BILLING INFORMATION

Name on Invoice : [fatura-kullanici-adi]

Invoice Company Name : [fatura-firma-adi]

Billing Address : [fatura-adresi]

 Shipping Information

Recipient : [kargo-kullanici-adi]

Shipping Company Name : [kargo-firma-adi]

Shipping Address : [kargo-adresi]

Invoice delivery: Our company automatically sends invoices to the buyer's email via e-invoice. Legally, a printed invoice is not required to be delivered with the order.

8. GENERAL PROVISIONS

8.1. The BUYER accepts, declares and undertakes that they have read and are informed of the preliminary information on the SELLER's website regarding the basic characteristics, sale price, payment method and delivery of the product subject to the agreement, and that they have given the necessary confirmation electronically.

By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that, before the conclusion of the distance sales agreement, they have correctly and fully obtained the address to be provided by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.

8.2. Each product subject to the agreement is delivered to the BUYER, or to the person and/or organization at the address indicated by the BUYER, within the period stated in the preliminary information section of the website depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this

period, the BUYER reserves the right to terminate the agreement.

8.3. The SELLER accepts, declares and undertakes to deliver the product subject to the agreement complete, in accordance with the characteristics specified in the order and together with any warranty certificates, user manuals and information and documents required; to perform the work free of any defects, soundly and in compliance with standards in accordance with legal requirements and the principles of accuracy and honesty; to maintain and improve service quality; to exercise the necessary care and diligence while performing the work; and to act with prudence and foresight.

8.4. Before the performance obligation arising from the agreement expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent.

8.5. If the SELLER cannot fulfil its contractual obligations because the provision of the ordered product or service has become impossible, the SELLER accepts, declares and undertakes to notify the consumer of this in writing within 3 days of learning of it and to refund the total amount to the BUYER within 14 days.

8.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that if for any reason the price of the product is not paid and/or is cancelled in bank records, the SELLER's obligation to deliver the product will end.

8.7. The BUYER accepts, declares and undertakes that if, after delivery of the product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.

8.8. The SELLER accepts, declares and undertakes to notify the BUYER if it cannot deliver the product within the period due to force majeure, such as circumstances beyond the will of the parties that could not be foreseen and that prevent and/or delay the parties from fulfilling their obligations. The BUYER is entitled to request from the SELLER that the order be cancelled, that the product be replaced with an equivalent if available, and/or that the delivery period be postponed until the preventing circumstance ends. If the order is cancelled by the BUYER, for payments made in cash, the product amount is paid to them in cash and in full within 14 days. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average time for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's accounts after it is returned to the bank depends entirely on the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.

8.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, email, SMS, phone call and other means via 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 them. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities mentioned above towards them.

8.10. The BUYER shall inspect the goods/service before accepting delivery and shall not accept from the shipping company goods/services that are damaged or defective, such as dented, broken or with torn packaging. Goods/services accepted shall be deemed undamaged and intact. After delivery, the obligation to carefully protect the goods/service rests with the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.

8.11. If the BUYER and the holder of the credit card used in the order are not the same person, or if a security vulnerability concerning the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the cardholder, the previous month's statement of the credit card used in the order, 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, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.

8.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is true, and that they will compensate immediately, in cash and in full, upon the SELLER's first notice, all damages the SELLER may incur due to this information being untrue.

8.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall bind the BUYER fully and exclusively.

8.14. The BUYER may not use the SELLER's website in any way that disturbs public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. Furthermore, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.

8.15. The SELLER's website may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are provided for the BUYER's ease of navigation and do not endorse any website or the person operating it, nor do they constitute any guarantee regarding the information contained on the linked website.

.16. A member who violates one or more of the articles listed in this agreement shall be personally liable, criminally and legally, for this violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, if the matter is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

8.17 Under Law No. 6698 on the Protection of Personal Data, the Buyer is deemed to have read the Privacy Policy and the General Privacy Notice on the lacene.com.tr website regarding the data collected and processed for the distance sales agreement.

9. RIGHT OF WITHDRAWAL

If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the agreement by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address they indicated, provided that they notify the SELLER. For distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised for service contracts whose performance has begun with the consumer's approval before the end of the withdrawal period. Costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.

To exercise the right of withdrawal, written notice must be given to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or email, and the product must not have been used within the framework of the “Products for Which the Right of Withdrawal Cannot Be Exercised” provisions of this agreement. If this right is exercised,

  1. a) The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is issued to a company, it must be sent back together with a return invoice issued by that company. Returns of orders invoiced in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
  2. b) The return form,
  3. c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
  4. d) The SELLER is obliged to refund the total amount and return the documents placing the BUYER under debt to the BUYER within 10 days at the latest from receipt of the withdrawal notice, and to take back the goods within 20 days.
    1. e) If the value of the goods decreases or the return becomes impossible due to a reason attributable to the BUYER's fault, the BUYER is obliged to compensate the SELLER's losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration resulting from the proper use of the goods or product within the withdrawal period.
    2. f) If, due to the exercise of the right of withdrawal, the order falls below the campaign threshold set by the SELLER, the discount obtained under the campaign will be cancelled.

    10. ORDER CANCELLATION/RIGHT OF WITHDRAWAL PROCEDURE:

    Pursuant to the Consumer Protection Legislation, the CONSUMER has the right to withdraw from the Distance Sales Agreement within 14 (fourteen) days without giving any reason and without paying any penalty.

    The withdrawal period begins, for contracts for the provision of services, on the day the contract is concluded; and for contracts for the delivery of goods, on the day the CONSUMER or a third party designated by the CONSUMER receives the goods. In determining the withdrawal period;

    1. a) For goods that are the subject of a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last item,
    2. b) For goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part,
    3. c) For contracts involving the regular delivery of goods over a set period, the day the consumer or a third party designated by the consumer receives the first item shall be taken as the basis.

    To exercise the right of withdrawal, it is sufficient to notify the SELLER within this period via the website, fax, email or registered letter that this right is being exercised, and to return the product free of charge through the SHIPPING Company specified in the online store, provided that all of the following conditions are met together: the product has not been used beyond the conditions specified in the Distance Sales Agreement, the product and its packaging are undamaged, and the product's label and the protective tapes on the product have not been removed. If this right is exercised, it is mandatory to return a copy of the shipping delivery report showing that the product delivered to a third party or to the CONSUMER/CUSTOMER has been sent to the SELLER, together with the original sales invoice. Within 7 (seven) days following receipt of these documents, the SELLER will carry out the necessary procedures with the relevant bank to refund the product price to the CONSUMER/CUSTOMER's bank account or credit card account.

    11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

    Products prepared at the BUYER's request or clearly in line with their personal needs and/or not suitable for being sent back, underwear bottoms, swimsuit and bikini bottoms, make-up products, single-

    use products, goods that are at risk of deteriorating quickly or whose expiry date may pass,

    Products whose return is not suitable in terms of health and hygiene if their packaging has been opened by the BUYER after delivery (masks, medical products, etc.),

    Products that, after delivery, are mixed with other products and by their nature cannot be separated,

    Under the Regulation, it is not possible to return goods relating to periodicals such as newspapers and magazines (other than those provided under a subscription agreement), services performed instantly in electronic form or intangible goods delivered instantly to the consumer, or audio or video recordings, books, digital content, software programs, data recording and data storage devices and  computer consumables if their packaging has been opened by the BUYER. Furthermore, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's approval before the end of the withdrawal period.

    For cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, and they must be untried, intact and unused.

    12. DEFAULT AND ITS LEGAL CONSEQUENCES

    The BUYER accepts, declares and undertakes that, if they default when making payments by  credit card, they will pay interest under the credit card agreement between them and the card-issuing bank and will be liable to the bank. In this case, the relevant bank may take legal action and may claim the resulting costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the losses and damages incurred by the SELLER due to the late performance of the debt.

    13. COMPETENT COURT

    Complaints and objections in disputes arising from this agreement shall be made, within the monetary limits specified in the law below, to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction was made. Information on the monetary limits is as follows:

    Effective from 01/01/2017, for applications to consumer arbitration committees for the year 2017, the value:

    1. a) For disputes below 2,400 (two thousand four hundred) Turkish Lira, district consumer arbitration committees,
    2. b) In provinces with metropolitan status, for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira, provincial consumer arbitration committees,
    3. c) In the centers of provinces without metropolitan status, for disputes below 3,610 (three thousand six hundred and ten) Turkish Lira, provincial consumer arbitration committees,

    d) In districts of provinces without metropolitan status, for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira, provincial consumer arbitration committees are authorized.

    This Agreement is made for commercial purposes.

    14. ENTRY INTO FORCE

    When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the 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: YUKU ORGANIZASYON REKLAM DANISMANLIK KOZMETIK GIDA VE TURIZM TICARET LIMITED SIRKETI

    BUYER: [KULLANİCİ-ADİ]

    DATE: [TARİH]