DISTANCE SALES CONTRACT
1. DEFINITIONS
Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or who acts on behalf or on behalf of the person who offers goods,
Consumer, Buyer: Real or legal person acting for commercial or non-professional purposes,
Goods/Product: Subject to purchase; movable goods, immovable properties for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images, and similar prepared for use in the electronic environment,
Service: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,
Distance Contract: Contracts are established by using remote communication tools between the parties, up to and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller and the consumer.
Permanent Data Storer: Text message, e-mail, internet, disk, CD, DVD, memory card, which allows the information sent or sent to the consumer to be recorded and copied without modification in a way that allows the consumer to review this information for a reasonable period of time in accordance with its purpose, and allows this information to be accessed verbatim. and any similar tools or media
It expresses.
2. SUBJECT OF THE CONTRACT AND THE PARTIES
2.1 This contract is based on the Law on the Protection of Consumers regarding the sale of products and services made by the BUYER, whose detailed information is provided below, through the website www.abiyenial.com (hereinafter referred to as the WEBSITE) operated by the SELLER, and the delivery of the products to the delivery address. and determines the rights, laws, and obligations of the parties in accordance with the provisions of the Distance Contracts Regulation. In cases where there is no provision in the contract, the provisions of the legal legislation apply.
2.2 The Buyer acknowledges that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions, and all preliminary information regarding the goods or services subject to sale and the right of withdrawal, confirms this preliminary information electronically and then accepts the goods or services. accepts and declares that he/she has placed an order in accordance with the provisions of this contract. The preliminary information form and invoice located on the payment page of the website are integral parts of this contract.
2.3 Seller Information
Title: ABİYENİAL TEXTILE CLOTHING TRADE LIMITED COMPANY
Address: NEIGHBORHOOD of AKDENİZ. 1338 STREET. NO:32/21 KONAK/İZMİR
Phone number: 0532 068 18 10
MERSIS Number: 0002062776600017
2.4 Recipient Information
Name Surname/Title:
Address:
Phone number
E-mail address
3. PRODUCTS AND SERVICES SUBJECT TO CONTRACT
Product/Service: Long Evening Dress
Product/Service Detail: All product photos on the website are taken with original products
in our own studio and in our store. None of the product photos are
representative. All the products you purchase will arrive as seen in
the photo. There is absolutely no alteration in their appearance
using Photoshop or other methods. Excess sequins and glitter may
come off in our glittery and sequined dresses.
Number of Products/Services
Total VAT:
Product Delivery/Cargo Fee:
Total Amount Including VAT
4. DELIVERY
4.1 In service sales via the website, immediate execution and delivery are carried out depending on the nature of the service. In such a case, the invoice is sent to the buyer via a permanent data storage tool.
4.2 In product sales via the website, the product is delivered to the delivery address specified by the buyer on the website or to the person/institution at the address directed by the buyer, together with the invoice, within 30 days at the latest. Delivery and shipping costs belong to the buyer. The buyer accepts that shipping costs may vary in case of payment by credit card and cash on delivery. If the delivery obligation is not fulfilled, the buyer may terminate the contract. In case of termination of the contract, the seller returns all collected payments to the buyer within 14 days from the date of receipt of the termination notice.
4.3 In cases where it becomes impossible to fulfill the goods or services subject to the order, the seller will notify the buyer with a permanent data recorder within three days from the date of learning of this situation and will return all payments collected, including delivery costs, if any, within fourteen days from the date of notification at the latest.
4.4 The buyer is responsible for checking the product upon receipt and, if he/she sees a problem with the product caused by the cargo, not accepting the product and filing a report with the cargo company official. Otherwise, the seller will not accept responsibility.
5. PAYMENT METHOD
Payment method:
Name-Surname/Title Information of the Person/Institution to be Delivered:
Phone Number of the Person/Institution to be Delivered:
Delivery address:
Billing address:
6. GENERAL PROVISIONS
6.1 The Buyer accepts that he/she has read and obtained the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the products and services displayed on the website and has given the necessary approval electronically.
6.2 The seller is responsible for delivering the product subject to the contract completely and in accordance with the specifications specified in the order.
6.3 If the product or service subject to the contract violates the contract because it does not have the features it should have on the website, the buyer may withdraw from the contract by stating that he is ready to return the sold item, keep the sold item and request a discount from the sales price in proportion to the defect, and, unless it requires an excessive expense, all expenses. At the seller's expense, he/she may exercise one of the optional rights of requesting free repair of the sold item or, if possible, requesting that the sold item be replaced with a defect-free product. If one of the rights to free repair or replacement of the product with a defect-free product is chosen, this request will be fulfilled within a maximum of 30 business days from the date the request is directed to the seller. In cases where the buyer chooses the right to withdraw from the contract or reduce the price in proportion to the defect, the entire price paid or the amount of the discount made from the price is immediately refunded to the buyer. Liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the buyer, even if the defect occurs later. In cases where the buyer is aware of the defect or is expected to be aware of it at the time the contract is concluded, there will be no breach of contract. The buyer has optional rights against defects other than these, as stated above.
6.4 If the product/service fee is not paid by the buyer for any reason or is canceled in the bank records, the seller will not be obliged to deliver the product/service.
7. RIGHT OF WITHDRAWAL
7.1 The Buyer has the right to withdraw from the contract regarding the sales of goods/products within 14 days without giving any reason and without paying any penalty. The right of withdrawal cannot be exercised in sales of services performed instantly electronically or intangible goods delivered instantly to the buyer.
7.2 The period of the Buyer's right of withdrawal is the day the contract is established in contracts related to service procurement; In contracts regarding the purchase of products, it starts on the day the buyer or a third party designated by the buyer receives the goods. At the same time, the buyer may exercise his right of withdrawal within the period from establishing the contract to delivering the goods.
7.3 In determining the period of right of withdrawal; For products that are subject to a single order and delivered separately, the day when the buyer or a third party designated by the buyer receives the final product; For products consisting of more than one piece, the day when the buyer or a third party designated by the buyer receives the last piece; In contracts where regular delivery of the product is made for a certain period of time, the day when the buyer or the third party designated by the buyer receives the first goods is taken as basis.
7.4 The notification regarding the exercise of the right of withdrawal must be sent to the seller via a permanent data storage device, before the right of withdrawal expires. You can exercise your relevant right on our website www.abiyenial.com, by phone number 0532 068 18 10 or by e-mail to abiyenial@gmail.com.
7.5 The seller will refund all payments collected, including delivery and shipping costs of the goods to the buyer, if any, within 14 days from the date of receipt of the notification that the buyer has exercised his right of withdrawal. The seller will make all such refunds at once, in accordance with the payment instrument used by the buyer when purchasing, and without incurring any costs or obligations to the buyer.
7.6 The buyer must send the goods back to the seller within 10 days from the date on which he/she notifies the seller of exercising his right of withdrawal.
7.7 The Buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller.
b) Contracts regarding goods prepared in line with the buyer's wishes or personal needs.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the buyer.
h) Contracts regarding services whose performance started with the approval of the buyer before the right of withdrawal expires.
8. FORCE MAJEURE
8.1 Situations that do not exist or cannot be foreseen at the date of entry into force of the contract, that develop beyond the control of the parties, and that make 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, force majeure (Natural disaster, war, 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 of the situation as soon as possible.
8.2 During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If the force majeure situation continues for 30 days, each party will have the right to terminate unilaterally.
9. EVIDENCE AGREEMENT
9.1 Seller records (including records on magnetic media such as computer, voice recordings, WhatsApp messages) constitute conclusive evidence in resolving any disputes that may arise from this contract.
10. COMPETENT COURT IN CASE OF DISPUTE
10.1 Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Customs and Trade, and in cases exceeding it, Consumer Courts and Enforcement Offices in the place of residence of the buyer and seller are authorized.
11. STATEMENT OF ACCEPTANCE
11.1 The Buyer acknowledges that he has read all the conditions and explanations written in this Agreement and the Preliminary Information Form, which forms an integral part of the Website, and that he/she has read all the conditions and explanations written in the Preliminary Information Form, which is an integral part of the products/services subject to sale, the sales price, the payment method, the delivery conditions, the seller and the sales. He/She accepts and declares that he/she has prior knowledge of all other matters related to the products/services in question, that he/she has seen and read all of them electronically on the website, that he/she has accepted the contents, and that he/she has accepted the provisions of this Agreement by ordering the products/services by giving approval and acceptance permission to all of these electronically.
12. ENFORCEMENT
12.1 This Agreement has been concluded and entered into force by being read by the parties, approved electronically by the buyer and payment as a positive actual action.
