BRANDCARED DISTANT SALES AGREEMENT
ARTICLE 1: PARTIES
Corporate Name: Fashion and Business Creative Group Moda Yönetimi Ltd. Şti.
Address: Esentepe Mah. Talatpaşa Cad. No:5 Levent/İstanbul
E-mail Address: email@example.com
Address for Product Returns: Esentepe Mah. Talatpaşa Cad. No:5 Levent/İstanbul
Full Name / Title:
ARTICLE 2: SUBJECT
The subject of this document covers the rights and responsibilities of the parties in accordance with the Law On the Protection of the Consumer no. 6025 and “Regulation for the Distant Agreements” decree that had been published on the Official Gazette no. 27866 on 06.03.2011, with regards to the selling and delivery of the product(s) by the VENDOR with features and prices given below, through www.brandcared.com to the ORDERER/BUYER.
ARTICLE 3: INFORMATION ABOUT THE PRODUCTS COVERED
The type, amount, brand/model, color, number, price, payment type, alternative product preference of the Good/Product/Products/Service are as shown below.
- DESIGN DESCRIPTION QUANTITY UNIT PRICE KDV TOTAL AMOUNT
- 0 KDV
- 0 SHIPPING
- 0 TOTAL
Payment Method: , Delivery Type: To address
ARTICLE 4: GENERAL CONDITIONS
4.1. The ORDERER/BUYER is obliged to pay for the above mentioned total order amount for the product/products covered in this agreement.
4.2. The ORDERER, RECEIVER information OR INVOICE DETAILS may belong to the same person or different people. In condition that they belong to different people, the ORDERER is responsible for all the given and confirmed information. The rights and responsibilities assigned to the ORDERER and BUYER is referred as ORDERER/BUYER.
4.3. The ORDERER accepts that the information he/she has given are correct and belong to the BUYER. In condition that it is not possible to reach the BUYER with given information, the ORDERER will be held responsible; the VENDOR will not be held responsible.
4.4. Applications for consumer complaints and rejections, can be made to the arbitration committee for consumer problems or to the consumer court where the consumer purchased a good or service or where he/she officially resides, within the financial bounds defined by the ministry each year in December.
4.5. This service only applies to only the retail sales and its end-use. Even if a rudiment and/or a sales agreement is formed for retail and other orders with “re-sale” purpose, the VENDOR holds the right to cancel the order without making the delivery.
4.6. The product/products covered in this agreement, are delivered to the person/institution given in the address supplied by the ORDERER/BUYER until the delivery time identified in this document with regards to the distance of the BUYER’s location for each product, provided that this time will not exceed the legal time frame of 30 days.
4.7. For this Distant Sales Agreement to be concluded, this document needs to be confirmed digitally by the ORDERER.
4.8. For the delivery of the product/products covered in this agreement to be made, this document has to be sent to the VENDOR signed digitally and the value of the product has to be transferred to the VENDOR’s account with the payment type the ORDERER/BUYER prefers. In condition that the value of the product is not transferred to the VENDOR’s account or transfer order gets cancelled in bank records, the VENDOR will no longer be held responsible for the delivery of the product.
4.9. The ORDERER, accepts and states that he/she is informed about all details related to the product/products such as its/theirs general feature(s), sales price and payment type and that he has given the required confirmation in electronic environment.
4.10. The ORDERER accepts and states that all rights given in the Law on Intellectual and Artistic Works that may apply to each special design techniques, textures, patterns, design elements (icons, buttons etc.), styles, gradient and solid shades along with any kind of elements used in graphic designs, illustration works, drawings, designs and other works are reserved by the VENDOR.
4.11. THE ORDERER, accepts and states that he will be violating the VENDOR’s patent rights related both to the Law of Intellectual and Artistic Works and the Delegated Legislation, if he/she prints any kind of design(s), illustration(s), etc. that is/are not associated with and under the responsibility of the VENDOR due to the Law of Intellectual and Artistic Works, on a printless product the VENDOR sells as “BASICS” through its web site, with commercial purposes and sells it.
4.12. THE ORDERER accepts and states that the VENDOR will not be legally held responsible for the damage the third parts suffer due to the products he/she sells, violating the VENDOR’s patent rights in both the Law of Intellectual and Artistic Works and the Delegated Legislation and the products that carry the VENDOR’s brand.
4.13. If the product/products covered in this agreement will be sent to a person/institution other than the ORDERER/BUYER himself/herself, the VENDOR will not be held responsible for the person/institution’s rejection of the delivery. In this case, only the ORDERER/ BUYER will be held responsible.
4.14. The VENDOR, is responsible for delivering the product(s) complete, having the features defined in the order and if available, with warrantee and user manuals.
4.15. If the ordered product is not delivered to the BUYER due to any problem that the Cargo company may come up with, the VENDOR will not be held responsible.
4.16. As long as there is a reasonable explanation, the VENDOR can supply the BUYER with another product at equal quality and price, within the delivery time frame defined in this agreement.
4.17. If the VENDOR fails to meet the responsibilities covered in this agreement because the product or service becomes unavailable/impossible, he/she will inform the consumer before the exceeding the fulfillment time according to the agreement and may supply the BUYER with another product at equal quality and price.
4.18. In condition that the related bank or financial institution fails to make the payment for ordered product to VENDOR after the product is delivered, because the credit card belonging to the BUYER is used against the law or by the unauthorized people independent of any cause by the BUYER, the BUYER is obliged to send back the product to the VENDOR within 3 days. In this case, the BUYER is responsible for all delivery costs.
4.19. In condition that the VENDOR fails to deliver the product covered in this agreement within the given time frame due to unexpected conditions that hinder the delivery such as bad weather conditions or obstacles in transportation or other compelling reasons, he/she is obliged to inform the BUYER. In this case, the BUYER can use his/her rights to cancel the order, have the product changed with a similar one and/or delay the delivery time untill the delivery problem is solved. If the BUYER cancels the order, the Money paid will be refunded within 10 days either in cash and at once.
4.20. In condition that the covered product(s) is unavailable in stock, the VENDOR is obliged to inform the ORDERER/BUYER and the VENDOR holds the right to cancel the delivery of the covered product/products provided that the money paid by the ORDERER/BUYER or any kind of document that puts him/her under debt is refunded to the ORDERER/BUYER within 10 days.
4.21. People under 18 years old are not allowed to do shopping on the VENDOR’s website, even if products that appeal to children are sold.
4.22. The product prices are given on the web site in Turkish Lira currency including VAT. The BUYER can do purchase items by paying through credit card, wire transfer or EFT. The orders made with credit card payments will not be directly taken into process, but will be later processed the moment when VENDOR’s responsible officer recognizes that the amount the BUYER should pay is blocked from the credit card or the wire transfer/EFT order amount is received by the VENDOR. In payment orders made through wire transfer or EFT, the orders will be cancelled if the BUYER’s payment is not transferred to the VENDOR’s account within two days.
4.23. About the products that are find damaged during the delivery, a report should be recorded with the Cargo officer. In conditions that there is something wrong/missing about the products sold with warrantee, the products can be sent to the related services for check-up.
4.24. The VENDOR is not held responsible for the mistakes in prices due to code or system errors.
4.25. Delivery costs are not included in the product price. The delivery cost change depending on the product(s) total price.
4.26. The VENDOR is not held responsible for the extra bank charges for wire transfers or deductions made under other titles. In this case, the BUYER accept that he/she will be confirming any information such as interest rates, transfer costs, default interest with his/her own Bank and that the mentioned decrees is defined according to the agreement made between him/her and his/her Bank.
4.27. When a refund to the credit card is requested, it is not possible to make refund to the BUYER in cash. VENDOR’s responsibility only covers the payment of the amount made by the card to the bank. Credit card refunds can be made within the boundaries of agreements made between the VENDOR and banks and current refund policies of the banks. Within this perspective, for the payments made in intervals by credit cards VENDOR accepts that he knows and he will agree with the policy that he/she will receive the refund in as many intervals as he/she purchased the product with. Even if the VENDOR orders the bank to make the refund at one, the refund can only be made by intervals by the bank. BUYER accepts that he has read and accepted the terms in this article.
4.28. This agreement becomes valid only after confirmed digitally by the ORDERER and received by the VENDOR.
ARTICLE 5: RIGHT OF WITHDRAWAL
The consumer holds the right to withdraw from the agreement, by rejecting the good without showing any reason and accepting legal or penal responsibility within 14(fourteen) days after the delivery of the product to him or people/institutions defined in the given address within the terms of distant agreements for the sales of goods. The costs that may be exposed to due to the usage of this right of withdrawal belongs to the VENDOR. For this withdrawal right to be used, the VENDOR should be informed through return receipt requested post to the VENDOR’s address given above, fax, telephone or e-mail within 14 days. When this right of withdrawal is used, it is obliged to send the VENDOR back the original invoice and cargo reports showing that the delivered product(s) is sent to the VENDOR. In the following 10 days after the receipt of these documents, the money paid for the product(s) is refunded to the ORDERER/BUYER. In condition that the right of withdrawal is used within 14 days, the product(s) are sent to the VENDOR through cargo by the ORDERER/BUYER and in this case the VENDOR is responsible for paying the delivery cost. When this right is used,
- a) The invoice sent to the BUYER or a 3. person,
- b) Return form,
- c) The products complete with its box, package and if available standard accessories should be sent back without damage.
- d) VENDOR is held responsible for sending the total amount and the documents that puts the BUYER under debt back to the BUYER within 10 days after informed about the usage of the right of withdrawal.
- e) If the value of the good decreases due to a cause by the BUYER or it is not possible to make the return, the BUYER is obliged to pay for the damage in the proportion of the damage caused.
ARTICLE 6: THE USAGE OF THE RIGHT OF WITHDRAWAL
6.1. BUYER accepts that he has read and learned about the basic information on the features, sales price, payment type of the product covered in this agreement on www.brandcared.com web site and the distant sales agreement, and confirmed it digitally. By confirming the rudiment and Distant Sales Agreement digitally, BUYER agrees that he has been informed completely and correctly about the basic features, VAT included sales price and payment and delivery details of the ordered products, the address that is required to be given to the BUYER by the VENDOR.
6.2. In distant agreements, the consumer holds the right to withdraw without showing any reason and pay for penal conditions within 14 (fourteen) days. It is enough to make the claim about the usage of this right in written or continuous data transferors within this time frame. The time for the withdrawal, in agreements for the delivery of goods, starts from the day the consumer hands in the good, but in other agreements this time starts from the confirmation of the agreement itself.
6.3. For the delivery of the product to be made, it is obliged to confirm this Pre-Information Form in digital environment. In any case that the payment is not made or gets cancelled in bank records, the VENDOR is freed from the responsibility of delivering the product.
ARTICLE 7: CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Unless otherwise agreed, the consumer cannot use the right of withdrawal in the agreements below.
- a) With regards to the “Regulation of Distant Contract”s 2. Article, 2/ğ clause that came into force with the Official Gazette no. 29188 dated 27.11.2014, “Daily consumables like food and beverage, is not covered in the right of withdrawal in Distant Contracts related to the delivery to the home or work address of the consumer within the regular deliveries of the vendor.
- b) The right of withdrawal cannot be used for the agreements/goods or services counted in the 15.th article of Regulation of Distant Contracts that came into force with the Official Gazette no. 29188 dated 27.11.2014.
- c) The presence of a reason that makes the return impossible or the fact that the value of a product that had been received by the ORDERER/BUYER decreased, do not pose hindrance for the usage of the right of withdrawal. However, ORDERER/BUYER accepts and claims that he/she will pay for the damage caused by him/her to the VENDOR.
ARTICLE 8: DEFAULT OF DEBTOR
In condition that the BUYER fails to meet financial obligations, BUYER accepts to pay for the damage the VENDOR exposed to due to the late payment of the date. When the BUYER fails to meet financial obligations due to causes by the VENDOR, the BUYER will not be obliged to pay for the damage.
ARTICLE 9: AUTHORIZED COURT
The consumer can apply for consumer complaints and rejections, at the arbitration committee for consumer problems or to the consumer court where the consumer purchased a good or service or where he/she officially resides, within the financial bounds defined by the Ministry of Customs and Trade each year in December.
When the order is made, ORDERER/BUYER is considered to have agreed with all terms and conditions of this agreement.