DISTANCE SALES AGREEMENT
Article 1- Parties
1.1. Seller
Name: NAZLIYE FASHION
Address: Süleymanpaşa / TEKİRDAĞ
Email: [email protected]
1.2. Buyer
Name – surname/ID No.
Address
Phone
Email
Article 2- Subject
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product with the specifications and sales price specified by the BUYER, who ordered electronically from the website www.nazliye.com owned by the SELLER.
The Buyer declares that they have been informed by the Seller in a clear, understandable, and internet-compatible manner regarding the name, title, address, telephone, and other access information of the seller, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions, and expenses, etc. The Buyer confirms that they have confirmed this preliminary information electronically and then placed the order for the goods, in accordance with the provisions of this agreement.
The preliminary information on www.nazliye.com and the invoice issued upon the order placed by the buyer are integral parts of this agreement.
Article 3- Product/Payment/Delivery Information of the Agreement
The type and kind of the product/products purchased electronically, quantity, brand/model, sales, price, payment method, recipient, delivery address, invoice information, and shipping fee are as follows. The person to be invoiced must be the same person who made the agreement. The information below must be accurate and complete. The Buyer agrees to fully compensate for any damages arising from incorrect or incomplete information and further accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order if the information provided by the BUYER does not match. In cases where the SELLER detects a problem with the order, if the SELLER cannot reach the BUYER from the telephone, e-mail, and postal addresses provided by the BUYER, the SELLER reserves the right to suspend the order for 15 (fifteen) days. During this period, it is expected that the BUYER will contact the SELLER regarding the issue. If no response is received from the BUYER within this period, the SELLER reserves the right to cancel the order to prevent any damage to both parties.
Received Product/Products
Name, code: ... pieces
Total Sales Price: .... -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone number:
Delivery Address:
Invoiced Person/Company:
Invoice Address:
Tax Office:
Tax Identification Number:
Shipping Fee: ... -TL
Article 4- Agreement Date and Force Majeure
The date of the agreement is the date the order was placed by the buyer, ../../....
Unforeseen circumstances beyond the control of the parties that were not present or anticipated at the time of signing the contract, situations that partially or completely prevent the parties from fulfilling their obligations and responsibilities under the contract, will be considered as force majeure (natural disasters, war, terrorism, riots, changes in legislation, seizure or strike, lockout, significant breakdown in production and communication facilities, etc.). The party experiencing force majeure will immediately and in writing notify the other party of the situation.
During the continuation of the force majeure, no liability will arise from the parties' inability to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally. Refund after the notice of termination/cancellation will be made within 14 days.
Article 5- Seller's Rights and Obligations
5.1. The Seller undertakes to fulfill the obligations imposed on itself in the contract in full, except for force majeure, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Individuals under the age of 18 cannot make purchases from the www.nazliye.com website. The Seller will rely on the age specified in the contract by the buyer. However, the Seller will not be held responsible for any inaccuracies in the buyer's age.
5.3. www.nazliye.com is not responsible for price inaccuracies resulting from system errors. Accordingly, the Seller is not responsible for promotional and price errors that may arise due to interventions in the website through the system, design, or illegal means. The buyer cannot claim rights from the seller based on system errors.
5.4. Purchases can be made from www.nazliye.com with a credit card (Visa, MasterCard, etc.) or bank transfer. Orders not paid by transfer within one week from the order date will be canceled. The processing time of orders is determined not at the time the order is placed but at the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the bank accounts. In payments made by bank transfer, the order number must be specified. The Seller is not responsible for cases where the order number is not specified. Payment methods carried out without consultation with customer services, such as cash on delivery or postal check, are not accepted.
Article 6- Buyer's Rights and Obligations
6.1. The Buyer undertakes to fulfill the obligations imposed on itself in the contract in full, except for force majeure.
6.2. By placing an order, the Buyer is considered to have accepted the terms of the contract and undertakes to make the payment according to the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that they are informed about the name, title, address, telephone, and other contact information of the seller, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions, and expenses, etc., related to the product for sale on www.nazliye.com. The Buyer confirms that they have confirmed this preliminary information electronically and are aware of how to use the "right of withdrawal" and the official authorities to whom they can submit complaints and objections.
6.4. In accordance with the previous article, the Buyer declares that they have read and are informed about the www.nazliye.com order/payment/use procedure information, including product order and payment conditions, product usage instructions, precautions taken for possible situations, and warnings.
6.5. The Buyer undertakes not to damage the product, product accessories, and the original packaging of the product in any way in case of wanting to return/exchange the purchased product, and agrees not to cause any situation that would prevent the resale of the product, such as any use/damage/defect.,
Article 7- Order/Payment Procedure
Order:
The total amount, including VAT, of the products added to the shopping cart is processed through the relevant bank card terminal after the buyer's confirmation. Therefore, orders are not shipped until an order confirmation email is sent to the customer. Shipments are not made without sending the Order Confirmation email.
In case of any disruptions in the process or problems related to credit cards, the buyer is notified through one or more of the telephone/fax/email contact methods specified in the contract. If necessary, the buyer may be asked to contact their bank. The processing time of orders is determined not at the time the order is placed but at the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the seller's accounts.
Exceptionally, if it is understood for a justifiable reason that the contractual product cannot be supplied and/or a stock problem is encountered, the buyer can be informed immediately and, with the buyer's approval, another product of equal quality and price can be sent. Alternatively, a new product may be sent according to the buyer's desire and choice, the product may be expected to enter the stocks or other obstacles preventing delivery may be eliminated, and/or the order may be canceled.
In cases where the fulfillment of the delivery obligation of the subject of the contract becomes impossible, the buyer is informed about this, and the total amount paid by the buyer and any kind of document that puts them in debt is returned to the buyer within ten days at the latest, and the contract is canceled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.
Payment:
On www.nazliye.com, cash transfer options are offered to buyers who do not want to use credit card information in online transactions. In payment by transfer, the buyer can choose the most suitable bank and make the transfer. If an EFT is made, the date of entry into the account will be taken into account. It is necessary to have the "Sender Information" matching the Invoice Information and to write the order number when making a transfer and/or EFT.
After the delivery of the product, if the buyer's credit card is used by unauthorized persons due to reasons not caused by the buyer's fault, and the related bank or financial institution does not pay the product price to the seller, the buyer is obliged to send the product delivered to them to the seller within 2 days. In such cases, the shipping costs are borne by the buyer.
If the buyer prefers to make the payment with a credit card, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information on default interest from their bank. The BUYER acknowledges, declares, and undertakes that, according to the current legislation, the provisions regarding interest and default interest will be applied between the Bank and the BUYER within the scope of the "Credit Card Agreement."
Article 8- Shipment/Delivery Procedure
Shipment:
Upon the sending of the order confirmation email, within the legal delivery period, the product/products are handed over to the cargo company with which the seller has an agreement.
Delivery:
The product/products will be delivered to the buyer's address by the cargo company with which the seller has an agreement. The delivery period is 30 days from the sending of the order confirmation email and the establishment of the contract. This period can be extended by a maximum of 10 (ten) days, provided that it is notified to the buyer in writing or through a continuous data carrier in advance.
Products are sent to areas where the cargo company does not make doorstep deliveries with phone notification.
In regions where the cargo company delivers once a week, delays may occur due to inaccuracies or omissions in the shipping information, social events, natural disasters, etc. The buyer cannot hold the seller responsible for these delays. If the product does not reach the customer within the specified days, delivery issues must be reported to customer service at [email protected] immediately.
In the case of a damaged package: damaged packages should not be accepted, and a report should be prepared by the cargo company official. If the cargo company representative believes that the package is not damaged, the buyer has the right to check that the products are delivered undamaged by opening the package there and request the situation to be documented with a report. Once the package is accepted by the buyer, the cargo company is deemed to have fulfilled its duty. If the package is not accepted and a report is prepared, the situation must be reported to the seller's Customer Service with a copy of the report as soon as possible.
Article 9- Procedures Regarding Product Returns and Right of Withdrawal
After receiving the product, the buyer has the right to withdraw from the contract without providing any reason within 14 (fourteen) days. According to the general communiqué of the Tax Procedure Law numbered 385, for return transactions to be possible, the buyer must fill in the return sections at the bottom of the two invoices belonging to the seller, delivered together with the product, accurately and completely. After signing one copy, the buyer must send it to the seller along with the product and keep the other copy for their records. The withdrawal period starts from the day the product is delivered to the buyer. The return shipping cost must be covered by the buyer.
The right of withdrawal does not apply to goods prepared according to the buyer's requests and/or clearly personalized for their personal needs.
In case the buyer exercises the right of withdrawal, the seller will refund the total amount received and any documents that put the consumer under obligation, without imposing any expenses on the consumer, within 14 days at the latest from the receipt of the invoice containing the withdrawal notification.
The decrease in the value of the received product or the existence of a reason making the 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 for the value of the product or the decrease in its value.
For every product received by mistake, the general return period is also 14 days. Within this period, unused, undamaged products, with the product label and accessories intact, hygiene bands not removed, and in the original product bag or box received, should be returned without any impediment to resale. The customer, after the approval of the return/exchange, accepts and undertakes to deliver the product to the cargo within 2 days. Returns of opened, used, damaged, etc., products are not accepted. The return must be made with the original packaging/box and product label/accessories.
In cases where any opening, deterioration, breakage, damage, tearing, use, and other conditions are detected in the product received by mistake and its packaging, and if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and the price will not be refunded.
Product Return/Exchange Procedure:
For product returns or exchanges, the buyer must create a request within the legal period only through our website, www.nazliye.com. Information about sending the product as a return/exchange will be communicated to the customer by the seller. After this communication, the buyer must send the product along with the invoice containing information about the return to the seller's address, using the provided shipping code and information. Deliveries to our warehouse for products for which a return/exchange request has not been created on our website will not be accepted. If the returned product meets the conditions specified in this agreement, the return/exchange will be accepted, and the refund will be made to the buyer's credit card/account within 14 days. The refund will not be made before the product is returned. The reflection period of refunds to credit card accounts is at the discretion of the relevant bank.
If the purchase is made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer has informed about purchasing the product in installments, the bank will make the refund to the buyer in installments. After the seller pays the full amount of the product to the bank at once, in the case of a refund to the buyer's credit card for installment transactions made through bank POS, the requested refund amounts are transferred by the bank to the accounts of the involved parties in installments to prevent them from being victimized. The installment amounts paid by the buyer until the cancellation of the sale will be reflected on the card every month if the refund date does not coincide with the card's statement dates. The buyer will continue to owe for as many months as the number of installments paid before the return, and these will be deducted from their existing debts after the installments of the sale are completed.
In the case of returning goods and services purchased with a card, the seller, in accordance with the agreement made with the bank, cannot make a cash payment to the buyer. When a return transaction occurs, the seller will process the refund through the relevant software. As the seller is obligated to pay the relevant amount to the bank either in cash or by offsetting, cash payment to the buyer is not possible according to the outlined procedure. The refund to the credit card will be made
by the bank according to the above procedure after the seller pays the full amount to the bank at once.
Article 10 - Warranty
Products used and cleaned in accordance with the user manual are guaranteed for 1 year against any manufacturing defects under the conditions specified below: The seller's warranty responsibility is only valid for consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will be applicable.
Article 11 - Privacy
Information provided by the buyer in this agreement and details shared with the seller for payment purposes will not be disclosed to third parties.
The seller may disclose this information only within the scope of administrative/legal obligations. In any documented legal investigation, the seller can provide the requested information to the relevant authorities.
Credit card information is not stored. Credit card details are used solely for the purpose of secure transmission to the relevant banks during the payment process for authorization, and are deleted from the system after authorization.
Buyer's email address, postal address, and phone number, among other details, are used by the seller strictly for standard product delivery and information procedures. Sometimes, promotional information, details about new products, and promotional offers may be sent to the buyer with their consent.
Article 12 - Authorized Court and Enforcement Offices in Case of Dispute
In the event of a dispute arising from the implementation of this agreement, Consumer Arbitration Boards up to the value announced annually in December by the Ministry of Industry and Trade, and Consumer Courts in the seller's place of residence, are authorized.
The placement of an order implies that the buyer has accepted all the conditions of this agreement. .../.../....