DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is signed between the following parties under the terms and conditions specified below.

BUYER: (hereinafter referred to as "BUYER")
NAME-SURNAME:
ADDRESS:

SELLER: (hereinafter referred to as "SELLER")
NAME-SURNAME: NANİCA TEKSTİL SANAYİ VE TİCARET LTD. ŞTİ.
ADDRESS:

By accepting this Agreement, the BUYER acknowledges that they will be obligated to pay the order amount, including any additional fees such as shipping and taxes, if the order is confirmed, and declares that they have been informed about this matter.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms shall have the meanings ascribed to them:

  • MINISTRY: The Ministry of Customs and Trade.

  • LAW: Law No. 6502 on the Protection of Consumers.

  • REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).

  • SERVICE: Any consumer transaction other than the supply of goods, performed or promised to be performed in return for a fee or benefit.

  • SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of the person offering the goods.

  • BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.

  • SITE: The website owned by the SELLER.

  • ORDERER: The real or legal person who requests a good or service through the SELLER's website.

  • PARTIES: The SELLER and the BUYER.

  • AGREEMENT: This Agreement concluded between the SELLER and the BUYER.

  • GOOD: The movable property subject to the purchase and intangible goods such as software, sound, image, etc., prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product ordered by the BUYER through the SELLER's website in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Time-limited prices are valid until the specified period ends.

4. SELLER INFORMATION

Title: NANİCA TEKSTİL SANAYİ VE TİCARET LTD. ŞTİ.
Address: Firuzköy Mah. Ali Gülmez Cad. No: 25 Firuzköy/Avcılar/İstanbul
Phone: +90 535 245 69 78
Email: [email protected]

5. BUYER INFORMATION

Recipient:
Delivery Address:
Phone:
Email/Username:

6. ORDERER INFORMATION

Name/Surname/Title:
Address:
Phone:
Email/Username:

7. PRODUCT INFORMATION

  1. The basic features of the product (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the SELLER has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.

7.2. The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Time-limited prices are valid until the specified period ends.

7.3. The total sale price of the product or service, including all taxes, is shown below.

7.4. Shipping costs will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order.

9. GENERAL PROVISIONS

9.1. The BUYER declares that they have read and understood the basic features of the product, the sale price, payment method, and delivery information on the SELLER's website and confirms this electronically. The BUYER acknowledges that they have received the necessary information about the address, basic features of the ordered products, price including taxes, payment, and delivery information before the conclusion of the distance sales contract.

9.2. Each product subject to this Agreement will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified on the website, provided that it does not exceed the 30-day legal period. 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 undertakes to deliver the product subject to this Agreement completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and other necessary information and documents, in a sound and standard-compliant manner in accordance with legal requirements, and to maintain and improve service quality.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance period of the contract expires.

9.5. If the fulfillment of the order becomes impossible, the SELLER will notify the BUYER in writing within 3 days from the date they become aware of the situation and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER agrees that if the payment for the product is not made or canceled in the bank records for any reason, the SELLER's obligation to deliver the product will end.

9.7. If the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card after the product is delivered to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER agrees to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. If the SELLER cannot deliver the product within the specified period due to force majeure, the SELLER will notify the BUYER. The BUYER has the right to request the cancellation of the order, the replacement of the product with a similar one, or the postponement of the delivery until the force majeure situation is resolved. If the BUYER cancels the order, the amount paid in cash will be refunded within 14 days. For credit card payments, the amount will be refunded to the relevant bank within 14 days after the cancellation. The BUYER acknowledges that the reflection of the refunded amount to their account may take 2-3 weeks and that the SELLER cannot be held responsible for any delays.

9.9. The SELLER has the right to contact the BUYER through the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER during registration or updated later, for communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER agrees to such communication activities.

9.10. The BUYER will inspect the product/service before delivery and will not accept damaged or defective goods/services. After delivery, the BUYER is responsible for keeping the product/service carefully. If the right of withdrawal is to be used, the product/service should not be used, and the invoice should 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 vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the identity and contact information of the credit card holder, the previous month's credit card statement, or a written confirmation from the cardholder's bank that the credit card belongs to them. The order will be frozen until the requested information/documents are provided, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares that the personal and other information provided during registration on the SELLER's website is accurate and undertakes to compensate the SELLER for any damages incurred due to the inaccuracy of this information immediately, in cash, and in full upon the SELLER's first notification.

9.13. The BUYER agrees to comply with legal provisions and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities will be solely borne by the BUYER.

9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, harasses or disturbs others, for illegal purposes, or in a way that infringes on the material and moral rights of others. Additionally, the BUYER cannot engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).

9.15. The SELLER's website may contain links to other websites or content owned or operated by third parties. These links are provided for the convenience of the BUYER and do not imply endorsement of the linked website or its operator. The SELLER does not guarantee the accuracy of the information on the linked websites.

9.16. The BUYER who violates one or more of the provisions listed in this Agreement is personally responsible for such violations and will indemnify the SELLER against any legal and criminal consequences of such violations. Additionally, if the matter is brought to the legal field, the SELLER reserves the right to claim compensation from the BUYER for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated by them, without giving any reason and without incurring any legal or criminal liability, by notifying the SELLER. For service contracts, this period starts from the date of signing the contract. The right of withdrawal cannot be used for service contracts where the service has started with the BUYER's consent before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in a way that violates the provisions of this Agreement regarding "Products for Which the Right of Withdrawal Cannot Be Used." If this right is exercised:

a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, the return invoice issued by the institution must be sent together with the return. Returns of orders invoiced to institutions cannot be completed without a return invoice.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged, with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to refund the total amount and any documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.

e) If the value of the goods decreases due to a reason attributable to the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes or deteriorations caused by the proper use of the goods or products during the withdrawal period.

f) If the use of the right of withdrawal causes the campaign limit amount to fall below the threshold, the discount amount benefited from the campaign will be canceled.

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

Products that are prepared according to the BUYER's request or clearly for their personal needs and are not suitable for return, such as underwear, swimwear, makeup products, disposable products, perishable goods, or goods with an expiration date, products that are not suitable for return for health and hygiene reasons after the packaging has been opened, products that have been mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned according to the Regulation. Additionally, the right of withdrawal cannot be used for services that have started with the consumer's consent before the withdrawal period expires.

Cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging has not been opened, tried, damaged, or used.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment transactions made by credit card, they agree to pay interest and be liable to the bank in accordance with the credit card agreement between the cardholder and the bank. In this case, the relevant bank may take legal action; the BUYER agrees to pay the costs and attorney's fees requested by the bank and to compensate the SELLER for any damages incurred due to the delay in fulfilling the debt.

13. COMPETENT COURT

Disputes arising from this Agreement will be resolved by the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the relevant law. The monetary limits are as follows:

As of 28/05/2014:

a) For disputes with a value below 2,000.00 TL, to the district consumer arbitration committees,

b) For disputes with a value below 3,000.00 TL, to the provincial consumer arbitration committees,

c) In metropolitan cities, for disputes with a value between 2,000.00 TL and 3,000.00 TL, to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this Agreement upon completing the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER reads and accepts this Agreement before the order is finalized.

SELLER:

BUYER:

DATE:

 

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