DISTANCE SALES CONTRACT
Sides
This Distance Selling Agreement (Agreement); between the (Buyer) whose address is specified in Article 3 and SYR EYMEN Giyim Tekstil İnşaat Gıda Turizm Sanayi ve Dış Ticaret Limited Şirketi (Seller) located at Mehmet Nesih Özmen, Gülsever Sokak No:7, 34173 Güngören/İstanbul, electronically within the framework of the terms and conditions specified below. was established.
Subject
The subject of this contract is the Law on the Protection of Consumers No. 6502, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER orders electronically (e-commerce) from the SELLER's website http://www.elisafashion.com. and determining the rights and obligations of the parties in accordance with the provisions of the Distance Contracts Regulation.
The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
Buyer, seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has been informed by the seller in a clear, understandable manner and in accordance with the internet environment (e-commerce site), confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on http://www.elisafashionwoman.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Contract Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer agrees to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the buyer also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when deemed necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.
Product/Products Received
Name, code:; … piece
Total Sales Price: …. -TL
Payment Method: Credit Card / Bank Transfer (EFT)
Person to be delivered:
Phone number :
Delivery Address:
Person/Institution to be Invoiced:
Billing address :
Contract Date and Force Majeure
The contract date is ../../…, which is the date the order was placed by the buyer. It is historical.
Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Rights and Obligations of the Seller
5.1. The seller accepts and undertakes to fully fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation, except for force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop at www.elisafashionwoman.com. The seller will assume that the age stated by the buyer in the contract is correct. However, the seller cannot be held responsible in any way if the buyer writes the age incorrectly.
5.2. http://www.elisafashionwoman.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The buyer cannot make a claim against the seller based on system errors.
5.3. You can shop at http://www.elisafashionwoman.com with credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within 1 business day from the order date will be canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as pre-paid postage or postal check made without consulting customer services are not accepted.
Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on him in the contract, excluding force majeure.
6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer can access the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from the website http://www.elisafashionwoman.com. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.4. Subject to the previous article, the Buyer declares that he/she has read and informed the www.elisafashionwoman.com order/payment/use procedure information, including product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and has given the necessary confirmation electronically.
6.5. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Order/Payment Procedure
Order:
After the TL amount, including VAT, of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the buyer, it is processed through the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise with the credit card will be notified to the buyer by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the buyer is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the buyer, or in line with the buyer's desire and choice; Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the buyer is informed of this situation, the total price paid and any documents that put him in debt, if any, are returned to him within ten days at the latest and the contract is cancelled. In such a case, the buyer will not claim any additional material or moral damage from the seller.
Payment:
At http://www.elisafashionwoman.com, buyers who do not want to use their credit card information on the internet are offered the opportunity to order with cash - money order - cash on delivery or payment by credit card. When paying by money order, the buyer can choose the bank that best suits him/her and make the transfer. If EFT has been made, the date of transfer to the account will be taken into account. When making a money transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer will return the delivered product to the Seller within 10 days. It is mandatory to send it to . In such cases, shipping costs belong to the Buyer.
If the BUYER has chosen to pay by credit card, the BUYER accepts that he/she will also confirm the relevant interest rates and information regarding default interest from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes.
Shipment/Delivery Procedure
Shipment:
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company that the seller has a contract with.
Delivery:
The product(s) will be delivered to the buyer's address by cargo agreed upon by the seller. Delivery time is 30 days from the sending of the Order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in advance in writing or via a permanent data carrier.
Products are sent to regions where cargo companies do not deliver to the address, with telephone notification.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. The buyer cannot impose any liability on the seller due to these sags. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for extra shipping costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the Buyer. If the product/products have not reached the customer within the specified days, delivery problems must be reported to customer services immediately using the e-mail address [email protected].
In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the seller's Customer Services as soon as possible, with the copy of the report remaining with the Buyer.
Procedure for Product Return and Right of Withdrawal
Product Return:
The buyer has the right to withdraw from the contract within fourteen (14) business days after receiving the goods, without giving any reason and without paying any penalty. In order to make a refund in accordance with the general communiqué of the Tax Procedure Law No. 385, the buyer must complete and correctly fill in the return sections at the bottom or back of the two invoices belonging to the seller delivered with the goods, sign them, send one copy to the seller along with the product, and keep the other copy. . The right of withdrawal period starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products to the Seller must be borne by the buyer.
There is no right of withdrawal for goods prepared in line with the buyer's wishes and/or his personal needs.
If the buyer exercises his right of withdrawal, the seller will return the total price received and any documents that put the consumer in debt, if any, within ten days (10) from the date of receipt of the invoice containing the withdrawal notification together with the product, without incurring any costs to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in value.
The general return period for any product purchased by mistake is 14 days. During this period, returns of products whose packaging has been opened, used, damaged, etc. will not be accepted. Returns must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use or other situations are detected in the product and its packaging purchased by mistake, and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
For product returns, the situation must first be reported to customer service. Information about sending the product for return is communicated to the customer by the seller. After this meeting, the product must be delivered to the seller, together with the invoice containing information regarding the return, through the cargo company that delivered the product to the buyer's address. If the returned product reaching the seller meets the conditions specified in this contract, it is accepted as a refund and the refund is made to the buyer's credit card/account. No refund will be made unless the product is returned. The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
If the purchase is made by credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer requests the purchase of the product in how many installments, the Bank makes the refund to the buyer in installments. After the seller pays the entire product price to the bank in one go, in case the installment expenditures made through the Bank POS are refunded to the buyer's credit card, the requested refund amounts are transferred by the Bank to the bearer accounts in installments, in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the buyer until the cancellation of the sale do not coincide with the refund date and the card cut-off dates, 1 (one) refund will be reflected on the card every month and the buyer will receive the installments he paid before the refund for an additional month equal to the number of installments he paid before the refund, after the installments of the sale are completed. will be deducted from its current debts.
In case of return of goods and services purchased by card, the seller cannot pay the buyer in cash, in accordance with the contract made with the Bank. In case of a refund transaction, the member business, that is, the seller, will make the refund through the relevant software, and since the member business, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or as an offset, payment cannot be made to the buyer in cash, in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank in one lump sum.
After the Buyer makes purchases above the lower limit of the free shipping option announced on the website http://www.elisafashionwoman.com and benefits from the campaign where the cargo service fee is covered by the Seller, the total product purchase amount due to the returned product falls below the lower limit of the cargo service fee campaign. If it falls, the specified shipping service fee is deducted from the shopping price and returned to the buyer.
In the purchases made by the Buyer by taking advantage of a lower limit campaign on the www.elisafashionwoman.com website, if it is determined that the total amount of the products remaining in the buyer's possession as a result of the refund is below this lower limit, the company will have the right to deduct the discount amount in the campaign from the refund amount to be paid.
Guarantee
You can return your unused, unmodified, unwashed, undamaged, and undamaged products with inner/outer labels intact within 14 days that you have purchased from www.elisafashionwoman.com. The seller's warranty liability is valid only for consumers falling within the scope of Law No. 6502. For commercial works, the provisions of the Turkish Commercial Code will apply.
Rules Regarding Protection of Personal Data, Commercial Electronic Messages and Intellectual-Industrial Rights
11.1. Name, surname, e-mail address, TR ID of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698. ID number, demographic data, financial data, etc. informations;
taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, - if prior approval is given - to be used in marketing activities about orders, products and services, updating the BUYER's information and managing and maintaining memberships. In order to execute the distance sales contract and other contracts established between the SELLER and the SELLER and to ensure that the technical, logistics and other similar functions of third parties are carried out on behalf of the SELLER, the SELLER, SELLER affiliates and third parties and/or organizations can keep them in written/magnetic archives that can be recorded indefinitely/periodically. It can be maintained, used, updated, shared, transferred and processed in other ways.
11.2. SYR EYMEN Giyim Tekstil İnşaat Gıda Turizm Sanayi ve Dış Ticaret Limited Şirketi provides credit card and membership information, transactions and applications to BUYERS for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made by the Company via SMS/text message, instant notification, automatic dialing, computer, telephone, e-mail/mail, fax and other electronic communication tools, and the BUYER accepts to have commercial electronic messages sent to him.
11.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website have been taken within the Seller's own system infrastructure, within the limits of today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's devices, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
11.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting SELLER through the specified communication channels. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, You can always contact the SELLER and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.
11.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to SYR EYMEN Clothing Textile Construction Food Tourism Industry and Foreign Trade Limited Company.
11.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
Evidence Agreement and Competent Court
SELLER's records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have agreed that in case of disputes arising from the implementation and interpretation of the Agreement, Consumer Arbitration Committees in the place where the BUYER and SELLER reside within the monetary limits determined within the framework of the legislation, the Consumer Courts of the BUYER and SELLER will be authorized.
Execution
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the conditions of this Agreement. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed on the site without receiving confirmation that the Agreement in question has been read and accepted by the BUYER.