DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement has been concluded between the parties identified below under the following terms and conditions.
• ‘BUYER’ ; (hereinafter referred to as the "BUYER" in this Agreement)
FIRST NAME - LAST NAME:
ADDRESS:
• ‘SELLER’ ; (hereinafter referred to as the "SELLER" in this Agreement)
NAME - SURNAME / TRADE NAME: Zehra Çorman (EFSİRA Natural)
ADDRESS: Tahtakale Mahallesi, Ziya Gökalp Caddesi No:14/5, Ispartakule – Avcılar / İstanbul
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order covered by this Agreement, the BUYER will be obliged to pay the order price and any stated additional charges, including shipping fees and taxes, and that the BUYER has been informed accordingly.
2.DEFINITIONS
For the purposes of implementing and interpreting this Agreement, the following terms shall have the meanings set out below.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : Consumer Protection Law No. 6502,
REGULATION : Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE : Any consumer transaction other than the supply of goods, performed or undertaken 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 such a provider,
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 belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests goods or services through the SELLER's website,
PARTIES : The SELLER and the BUYER,
AGREEMENT : This Agreement concluded between the SELLER and the BUYER,
GOODS : Movable property subject to purchase and intangible goods such as software, audio, images and similar items prepared for use in electronic environments.
3.SUBJECT
This Agreement governs the rights and obligations of the parties under Consumer Protection Law No. 6502 and the Regulation on Distance Contracts in connection with the sale and delivery of the product whose characteristics and selling price are set out below and which the BUYER has ordered electronically through the SELLER's website.
Prices listed and advertised on the website are selling prices. Advertised prices and offers remain valid until they are updated or changed. Prices advertised for a limited period remain valid until the end of that period.
4. SELLER INFORMATION
Trade Name: Zehra Çorman (EFSİRA Natural)
Authorized Representative: Zehra Çorman
Address: Tahtakale Mahallesi, Ziya Gökalp Caddesi No:14/5, Ispartakule – Avcılar / İstanbul
Telephone: 0536 742 20 15
Email: [email protected]
Website: efsira.com
Tax Office: Başakşehir Vergi Dairesi
Tax Number: 2610387454
Return/Withdrawal Email: [email protected]
Return Address: Tahtakale Mahallesi, Ziya Gökalp Caddesi No:14/5, Bizimevler 11 C1 Daire 20, Ispartakule – Avcılar / İstanbul
Bank: Ziraat Bankası
IBAN: TR100001001968892107815001
Fax: None
5. BUYER INFORMATION
Recipient
Delivery Address
Telephone
Fax
Email/username
6. ORDERING PARTY INFORMATION
First Name/Last Name/Trade Name
Address
Telephone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The essential characteristics of the goods/product(s)/service (type, quantity, brand/model, color and number of units) are published on the SELLER's website. If the Seller runs a promotional campaign, you may review the essential characteristics of the relevant product during the campaign period. The offer is valid until the stated campaign date.
7.2. Prices listed and advertised on the website are selling prices. Advertised prices and offers remain valid until they are updated or changed. Prices advertised for a limited period remain valid until the end of that period.
7.3. The selling price, including all taxes, of the goods or services subject to this Agreement is shown below.
Product Description
Quantity
Unit Price
Subtotal
(Including VAT)
Shipping Amount
Total :
Payment Method and Schedule
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. Shipping costs for dispatching the product shall be paid by the BUYER. No free shipping is offered for international orders, regardless of the order value. All international shipping charges shall be paid by the BUYER.
8. INVOICE INFORMATION
First Name/Last Name/Trade Name
Address
Telephone
Fax
Email/username
Invoice Delivery: The invoice will be delivered together with the order to the billing address at the time of delivery. \
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and understood the preliminary information on the SELLER's website regarding the essential characteristics of the product covered by this Agreement, its selling price, payment method and delivery, and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically before conclusion of the distance sales agreement, the BUYER also accepts, declares and undertakes that the BUYER has correctly and fully obtained the SELLER's address, the essential characteristics of the ordered products, their prices including taxes, and payment and delivery information.
9.2. Each product covered by this Agreement shall be delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period stated in the preliminary information on the website, depending on the distance to the BUYER's location, without exceeding the statutory period of 30 days. If the product cannot be delivered within this period, the BUYER retains the right to terminate the Agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product covered by this Agreement complete, in accordance with the specifications stated in the order, together with any applicable warranty certificates, user manuals and other required information and documents; to deliver the product free from defects and in sound condition in accordance with applicable legislation and standards; to perform its obligations honestly and in good faith; to maintain and improve service quality; and to exercise due attention, care, caution and foresight in performing its obligations.
9.4. Before the contractual performance period expires, the SELLER may supply a different product of equivalent quality and price by informing the BUYER and obtaining the BUYER's express consent.
9.5. If performance of the order becomes impossible and the SELLER cannot fulfill its contractual obligations, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of learning of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes to confirm this Agreement electronically for delivery of the product covered by the Agreement and acknowledges that, if the price is not paid for any reason and/or the payment is canceled in bank records, the SELLER's obligation to deliver the product shall cease.
9.7. If, after delivery of the product to the BUYER or the person and/or organization at the address specified by the BUYER, the credit card belonging to the BUYER is unlawfully used by unauthorized persons and the price of the product is consequently not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares and undertakes 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 events beyond the parties' control, which were unforeseeable and prevent and/or delay performance of their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER may request cancellation of the order, replacement with an equivalent product if available, and/or postponement of delivery until the obstacle has been removed. If the BUYER cancels the order, any cash payment shall be refunded in full and in one payment within 14 days. For credit card payments, the product price shall be refunded to the relevant bank within 14 days after cancellation by the BUYER. The BUYER accepts, declares and undertakes that it may take approximately 2 to 3 weeks for the amount refunded to the credit card by the SELLER to appear in the BUYER's account; because the crediting of the amount after the refund is sent to the bank depends entirely on bank processing, the BUYER cannot hold the SELLER responsible for any such delays.
9.9. The SELLER has the right to contact the BUYER by letter, email, SMS, telephone call and other means for communication, marketing, notifications and other purposes using the address, email address, landline and mobile telephone numbers and other contact details stated by the BUYER on the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and agrees that the SELLER may carry out the foregoing communication activities with the BUYER.
9.10. The BUYER shall inspect the goods/services covered by the Agreement before accepting delivery and shall not accept damaged or defective goods/services, including dented or broken items or items with torn packaging, from the courier company. Goods/services accepted upon delivery shall be deemed undamaged and intact. The BUYER is responsible for taking proper care of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER is not the cardholder of the credit card used when placing the order, or if a security concern regarding the credit card used for the order is identified before delivery to the BUYER, the SELLER may request that the BUYER provide the cardholder's identification and contact information, the card statement for the preceding month, or a letter from the cardholder's bank confirming ownership of the credit card. The order shall be placed on hold until the requested information/documents are provided. If the request is not fulfilled within 24 hours, the SELLER shall have 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 shall immediately compensate the SELLER, in cash and in a single payment upon the SELLER's first notice, for all losses incurred due to inaccurate information.
9.13. The BUYER accepts and undertakes in advance to comply with applicable laws when using the SELLER's website and not to violate them. Otherwise, all resulting civil and criminal liabilities shall be borne solely by the BUYER.
9.14. The BUYER may not use the SELLER's website in any manner that disrupts public order, violates public morals, disturbs or harasses others, serves any unlawful purpose or infringes the material or moral rights of others. In addition, members may not engage in activities that prevent or hinder others from using the services (including spam, viruses, Trojan horses and similar activities).
9.15. The SELLER's website may contain links to websites and/or other content owned and/or operated by third parties and outside the SELLER's control. Such links are provided for the BUYER's convenience and do not constitute endorsement of any website or its operator, or any guarantee regarding the information on the linked website.
9.16. A member who violates one or more provisions of this Agreement shall be personally liable for the civil and criminal consequences of the violation and shall hold the SELLER harmless from those consequences. Furthermore, if legal proceedings arise from such a violation, the SELLER reserves the right to seek compensation from the member for breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract concerns the sale of goods, the BUYER may exercise the right to withdraw from the Agreement within 14 (fourteen) days from delivery of the product to the BUYER or to the person/organization at the address specified by the BUYER, without giving any reason or incurring any legal or criminal liability, provided that the SELLER is notified. For distance contracts concerning services, this period begins on the date of conclusion of the Agreement. The right of withdrawal cannot be exercised for service contracts where performance has begun with the consumer's consent before the withdrawal period expires. Costs arising from exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to the SELLER within 14 (fourteen) days by registered mail with return receipt requested, fax or email, and the product must remain unused in accordance with the provisions headed "Products for Which the Right of Withdrawal Cannot Be Exercised" in this Agreement. If this right is exercised,
a) The invoice for the product delivered to a third party or the BUYER must be provided. (If the invoice for the product to be returned was issued to a business, a return invoice issued by that business must accompany the returned product. Returns of orders invoiced to businesses cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products being returned must be delivered complete and undamaged, together with their boxes, packaging and any standard accessories.
d) The SELLER is obliged to refund the total price and return any documents that place the BUYER under an obligation within no more than 10 days from receipt of the withdrawal notice and to take back the goods within 20 days.
e) If the value of the goods decreases or their return becomes impossible due to the BUYER's fault, the BUYER shall compensate the SELLER for losses in proportion to that fault. However, the BUYER shall not be responsible for changes or deterioration resulting from proper use of the goods or products during the withdrawal period.
f) If exercise of the right of withdrawal causes the order value to fall below the threshold of a campaign organized by the SELLER, the discount received under that campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, returns are not permitted for goods prepared at the BUYER's request or clearly according to the BUYER's personal needs and unsuitable for return; underwear bottoms, swimsuit and bikini bottoms, makeup products, disposable products, goods at risk of rapid deterioration or expiry, products whose packaging has been opened by the BUYER after delivery and which are unsuitable for return for health or hygiene reasons, products that become inseparably mixed with other products after delivery, newspapers and magazines and other periodicals except those supplied under subscription agreements, services performed instantly in electronic environments or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and storage devices and computer consumables where the BUYER has opened the packaging. In addition, under the Regulation, the right of withdrawal cannot be exercised for services whose performance begins with the consumer's consent before the withdrawal period expires.
To qualify for return, cosmetics and personal care products, underwear, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassette tapes, and stationery consumables (toner, cartridges, ribbons, etc.) must have unopened packaging and must not have been tried, damaged or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER makes payment by credit card and falls into default, the BUYER accepts, declares and undertakes to pay interest under the credit card agreement with the card-issuing bank and to be liable to that bank. The relevant bank may take legal action and claim any resulting costs and attorney's fees from the BUYER. In all circumstances where the BUYER defaults on a debt, the BUYER agrees to compensate the SELLER for any losses and damages arising from delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections arising from this Agreement shall be submitted to the consumer arbitration committee or consumer court in the consumer's place of residence or the place where the consumer transaction took place, within the monetary limits specified by the following legislation. Information on those monetary limits is provided below:
The competent consumer arbitration committee or consumer court shall be determined in accordance with the monetary thresholds and applicable legislation in force at the time of the dispute.
This Agreement is concluded for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER completes payment for an order placed through the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to implement the necessary software arrangements so that the BUYER reads and accepts this Agreement on the Site before placing the order.
SELLER: Zehra Çorman (EFSİRA Natural)
BUYER:
DATE: