Distance Sales Agreement

PRELIMINARY INFORMATION FORM

 

|ORDER_DATE|

1.SELLER;

Title: Sükke Cosmetics Marketing Industry and Trade Ltd. Co.

Address: Cakmak Mah. Ikbal Cad. Gurbet Street No:45/47 Umraniye/Istanbul

Phone: +90 216484 17 22

Fax                                     : +90 216 312 32 20

Email : info@sukkeparfum.com


BUYER INFORMATION

|BUYER_INFORMATION|

 

 

2.TOPIC;

The subject of this Preliminary Information Form is to inform the Buyer about the sale and delivery of the product/products, the characteristics and sales price of which are specified below, which the Buyer ordered electronically from the Seller's website at ........, in accordance with the Law No. 6502 on Consumer Protection and the Distance Sales Contracts Regulation.

3.BASIC FEATURES OF THE PRODUCT SUBJECT TO THE CONTRACT;

|PRODUCTS|

PAYMENT METHOD AND DELIVERY

Payment Type : |PAYMENT_SYSTEM|

Cargo Company: |SHIPPING|

The selected shipping company for return: |SHIPPING|

4.TESLİMAT

4.1. The product subject to the contract is legally delivered to the Buyer or a third party person or organization indicated by the Buyer, depending on the distance of the Buyer's place of residence, provided that it does not exceed a period of 30 (thirty) days for each product. The seller's behavior contrary to this obligation authorizes the buyer to terminate the contract for just cause. In the event of such termination of the contract, the seller is obliged to repay the consumer, including delivery costs, if any, collected from the buyer by the conclusion of this contract, plus legal interest as required by the relevant legislation, within 3 business days at the latest from the date the termination notice reaches the seller.

 

4.2. If the contractual product is to be delivered to a third party, other than the buyer, the seller cannot be held responsible if this third party, outside the contract, refuses to accept the product.

 

4.3. In order for the supply and delivery of the contractual product to begin, payment must be made together with the signing of this contract. If the contractual product price is not paid or is cancelled through various channels after payment, the seller's obligation to supply and deliver the product will immediately be eliminated and the contract will be deemed to be automatically terminated.

 

4.4. If the supply and delivery of the product subject to the contract becomes impossible, the relevant issue will be notified to the buyer in writing. If the buyer terminates the contract for this reason, the seller is obliged to return the entire amount received for the establishment of this contract, including shipping costs, to the buyer within 3 business days at the latest, as of the date on which the termination notice is received.

 

4.5.The seller is responsible for the product until it is delivered to the buyer or a third party he/she designates. However, if the buyer wishes to choose a carrier company other than the one determined by the seller for the delivery of the product, the seller is relieved of responsibility by delivering the product to the relevant carrier company. The responsibility for the product is assumed to have passed to the buyer once the product is delivered to the carrier company determined by the buyer.

 

5. RIGHT OF WITHDRAWAL;

 

In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;

 

5.1. In distance contracts regarding the sale of goods, the consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any reason and without paying any penalty.

 

5.2.Notice of withdrawal info@sukkeparfum.com The buyer may exercise the right of withdrawal from the contract under the same conditions within the period from the establishment of the contract until the delivery of the product. The notification regarding the exercise of the right of withdrawal must be in writing and the proof of this notification belongs to the consumer.

 

5.3.If the Buyer exercises his/her right of withdrawal, the original invoice for the goods/services delivered to the third party or the Buyer must be returned to the Seller.

 

5.4. In determining the period of the right of withdrawal, the provisions of Law No. 6502 and the Regulation on Distance Contracts are valid. Accordingly;

 

For products that are subject to a single order and delivered separately, the day on which the consumer or a third party designated by the consumer receives the last product is taken into account; for products consisting of more than one piece, the day on which the consumer or a third party designated by the consumer receives the last piece is taken into account.

 

5.5.The cases where the consumer cannot exercise his right of withdrawal are as follows;

 

Products prepared in line with the consumer's wishes or personal needs, products presented in a material medium if protective elements such as packaging, tape seals, etc. have been opened after delivery of the goods, and products considered as periodical publications such as newspapers and magazines, excluding those provided within the scope of a subscription contract.

 

5.6.If the consumer exercises his/her right of withdrawal and notifies the seller, the seller is obliged to refund all the amounts received for the product, including expenses, within 3 business days from the date of receipt of this notification in writing.

 

5.7.The consumer will not be responsible for any changes or deteriorations that occur if the product is returned within the withdrawal period, but only if the product is used in accordance with its operation, technical specifications and instructions for use. However, if there is any damage or any defect in the product due to non-compliance with the instructions for use, contrary to the natural use of the product, the seller is not responsible for returning or exchanging the product.

 

5.8. If the consumer uses the right of withdrawal and sends the product back through the carrier company specified by the seller in the preliminary information, he/she will not have to pay any costs related to the return. However, if the product is sent with a different carrier company than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier company is not specified for return in the preliminary information form, in this case, the same carrier company is considered to have been preferred for the delivery of the product. However, if the carrier company in question does not have a branch in the buyer's location, no costs can be requested from the buyer.

 

5.9.The consumer must return the product to the seller's address specified in Article 1 within ten (10) days from the date on which the consumer directs his/her right of withdrawal to the seller. For products not sent within this period and products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he/she will receive the product, this provision does not apply.

 

6.Complaint and Solution Method;

 

The buyer may forward any and all complaints about the goods sold to the seller at the seller's address specified above. Complaints sent to the seller will be reviewed by the authorized units determined by the seller and will be returned to the buyer within the most reasonable period of time.

 

7.Final Provisions

 

7.1.The consumer must inspect the goods before receiving them, and must not accept defective or damaged goods from the cargo company's authorized personnel. The buyer accepts that the product received from the cargo company is intact and undamaged.

7.2.The Seller reserves the right to suspend or cancel the order if it is determined that the information regarding the order is incomplete, false, incorrect or if it is determined that the order was made in good faith and/or for commercial gain or if there is a reasonable suspicion, provided that the Buyer is informed. If the order is cancelled, the refund of the payment will be made by notifying the Buyer.

 

7.3.Due to force majeure circumstances that develop beyond the will of the seller, are unforeseen and prevent or delay the seller from fulfilling its obligations, the product delivery may not be realized within the specified time. In such cases, the seller undertakes to inform the buyer. In such cases, the buyer has the right to request the seller to cancel the order, replace the product with a similar one and/or postpone the delivery until the situation preventing the delivery within the specified time is eliminated.

 

7.4.For the delivery of the contractual product, the sales price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product. If the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address specified above within ...... days.

 

8.AUTHORIZED AND AUTHORIZED COURT;

 

Any complaints and objections arising from the implementation of this contract shall be made to the Consumer Problems Arbitration Board at the place where the Buyer resides or where the goods were purchased, in accordance with the monetary value limits determined by the Ministry of Customs and Trade in December of each year. However, in cases where the Consumer Courts have jurisdiction over monetary limits, applications shall be made to the authorized Consumer Courts.

The Buyer accepts and undertakes that he/she has read the preliminary information and is informed in accordance with Article 48 of Law No. 6502 and has given the necessary commitment in electronic environment.

 

DISTANCE SALES AGREEMENT

|ORDER_DATE|


ARTICLE 1 - TAFAR

SALES PERSON

 

Title: Sükke Cosmetics Marketing Industry and Trade Ltd. Co.

Address: Cakmak Mah. Ikbal Cad. Gurbet Street No:45/47 Umraniye/Istanbul

Phone: +90 216484 17 22

Fax                                     : +90 216 312 32 20

And Post: info@sukkeparfum.com

 

 

RECEIVER INFORMATIONS

|BUYER_INFORMATION|

 

ARTICLE 2 - SUBJECT

This Distance Selling Agreement (hereinafter referred to simply as the contract.) is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Seller sells to the Buyer (Consumer).

 

ARTICLE 3 - ESTABLISHMENT OF THE CONTRACT

 

3.1. The Buyer accepts, declares and undertakes that he/she has read and understood the entire contract and is aware of his/her rights and obligations.

3.2. The seller and the buyer accept that there is no disproportion between the obligations agreed upon in the contract, that the mutual obligations are in accordance with their nature, and that they do not have any inexperience within the scope of the transactions within the scope of the contract.

3.3. The buyer and seller accept that the contract provisions do not constitute an unfair condition and that there is no clear injustice or disproportion in terms of the balance of interests.

ARTICLE 4 - CONTRACTUAL PRODUCT INFORMATION AND PRICE|PRODUCTS|

ARTICLE 5 - GENERAL PROVISIONS

 

5.1. The Buyer declares that he/she has read and is informed about the basic characteristics of the product, the sales price, payment method and all preliminary information regarding delivery, as specified in Article 4, and has given the necessary confirmation electronically.

5.2. The product subject to the contract shall be legally delivered to the Buyer or a third party person or organization indicated by the Buyer within the period specified in the preliminary information, depending on the distance of the Buyer's place of residence, provided that it does not exceed a period of 30 (thirty) days for each product. The Seller's behavior contrary to this obligation authorizes the Buyer to terminate the contract for a justified reason. In the event of such termination of the contract, the Seller shall be obliged to repay to the Consumer, including delivery costs, any amount collected from the Buyer by the conclusion of this contract, plus legal interest as required by the relevant legislation, within 3 business days at the latest from the date of receipt of the termination notice.

5.3. If the contractual product is to be delivered to a third party, other than the buyer, the seller cannot be held responsible if this third party, outside the contract, refuses to accept the product.

5.4. In order for the supply and delivery of the contractual product to begin, payment must be made together with the signing of this contract. If the contractual product price is not paid or is cancelled through various channels after payment, the seller's obligation to supply and deliver the product will immediately be eliminated and the contract will be deemed to be terminated automatically.

5.5. If the supply and delivery of the product subject to the contract becomes impossible, the relevant issue will be notified to the buyer, and if the buyer terminates the contract for this reason, the seller is obliged to return the entire amount received for the establishment of this contract, including shipping costs, to the buyer within 3 business days at the latest, from the date the termination notice reaches him.

5.6. The seller is responsible for the product until it is delivered to the buyer or a third party he/she designates. However, if the buyer wishes to choose a carrier company other than the one determined by the seller for the delivery of the product, the seller is relieved of responsibility by delivering the product to the relevant carrier company. The responsibility for the product is assumed to have passed to the buyer once the product is delivered to the carrier company determined by the buyer.

5.7. The sale of the product subject to this contract by the Seller is intended for the final consumer. The Seller may terminate the contract unilaterally and for just cause if it suspects that the Buyer has purchased the product for resale purposes or if there are signs indicating this.

5.8. The Buyer accepts, declares and undertakes that the product purchased online cannot be returned or exchanged from stores that carry the seller's brand.

 

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

 

In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;

6.1. In distance contracts regarding the sale of goods, the consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any reason and without paying any penalty.

6.2.Notice of withdrawal info@sukkeparfum.com The buyer may exercise the right of withdrawal from the contract under the same conditions within the period from the establishment of the contract until the delivery of the product. The notification regarding the exercise of the right of withdrawal must be in writing and the proof of this notification belongs to the consumer.

6.3. In case the Buyer exercises his/her right of withdrawal, the original invoice for the goods/services delivered to the 3rd party or the Buyer must be returned to the Seller, and if the invoice is not sent together with the product to the SELLER's address specified in Article 1, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The Buyer, by exercising this right, will sign the invoice together with the product to be returned, writing "return invoice" on it.

6.4. In determining the period of the right of withdrawal, the provisions of Law No. 6502 and the Regulation on Distance Contracts are valid. Accordingly; For products that are the subject of a single order and delivered separately, the day on which the consumer or a third party designated by the consumer receives the last product is taken into account, and for products consisting of more than one piece, the day on which the consumer or a third party designated by the consumer receives the last piece is taken into account.

6.5. The cases where the consumer cannot exercise his right of withdrawal are as follows;

Products prepared in line with the consumer's wishes or personal needs, products presented in a material medium if protective elements such as packaging, tape seals, etc. have been opened after delivery of the goods, products considered as periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription contract.

6.6. If the consumer exercises his/her right of withdrawal and notifies the seller, the seller is obliged to refund all the amounts received for the product, including expenses, within 3 business days from the date of receipt of this notification in writing.

6.7.If the consumer returns the product within the withdrawal period, the consumer will not be responsible for any changes or deteriorations that occur only if the product is used in accordance with its operation, technical specifications and instructions for use. However, if there is damage or any defect in the product due to non-compliance with the instructions for use or contrary to the natural use of the product, the seller is not responsible for returning or exchanging the product.

6.8. If the consumer uses the right of withdrawal and sends the product back through the carrier company specified by the seller in the preliminary information, he/she will not have to pay any costs related to the return. However, if the product is sent with a different carrier company than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier company is not specified for return in the preliminary information form, in this case, the same carrier company is considered to have been preferred for the delivery of the product. However, if the carrier company in question does not have a branch in the buyer's location, no costs can be claimed from the buyer.

6.9.The consumer must return the product to the seller within ten (10) days from the date of the withdrawal. For products not sent within this period and products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he/she will receive the product, this provision does not apply.

 

7. Defective Goods

 

7.1. Defective goods are goods that are in breach of contract due to not being in accordance with the sample or model agreed upon by the parties at the time of delivery to the consumer or not having the characteristics that they objectively should have. Goods that do not have one or more of the characteristics stated on their packaging, label, introduction and user manual, internet portal or advertisements and announcements; that are contrary to the characteristics declared by the seller or determined in their technical regulations; that do not meet the intended use of equivalent goods; that contain material, legal or economic deficiencies that reduce or eliminate the benefits that the consumer reasonably expects are also considered defective.

 

7.2.In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free one, or to request a discount in proportion to the defect, or to request free repair. The seller is obliged to fulfill this request made by the consumer.

 

7.3.In cases where the consumer is aware of the defect at the time the contract is concluded or is expected to be aware of it, there is no breach of contract. The consumer's optional rights are reserved for defects other than these.

 

8. Final Provisions

 

8.1.The BUYER declares that he/she has read the preliminary information on the (…) website regarding the basic characteristics of the product subject to the Agreement, the sales price including all taxes, the payment method, the delivery and the fact that the costs thereof will be covered by (…), the delivery period and the full commercial title, full address and contact information of the SELLER, and that he/she has accurate and complete information and has given the necessary confirmation electronically. The preliminary information form on the (…) Website and the invoice regarding the sale are annexes and integral parts of this Agreement.

8.2. The distance sales contract made with you will be stored electronically by the Seller for 3 (three) years from the date of establishment of the contract. After this contract is established, the contract text will be sent to your e-mail address.

8.3.SELLER is responsible for the delivery of the product subject to the Contract, intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

8.4.In the event that the BUYER defaults in fulfilling its obligations, the BUYER accepts, declares and undertakes to pay all kinds of damages incurred by the SELLER, except for cases where the default due to delayed performance is caused by the fault of the SELLER.

8.5.The Seller reserves the right to suspend or cancel the order if it is determined that the information regarding the order is incomplete, false, incorrect or if it is determined that the order was made in good faith and/or for commercial gain or if there is a reasonable suspicion, provided that the Buyer is informed. If the order is cancelled, the refund of the payment will be made by notifying the Buyer.

 

8.6.Due to force majeure circumstances that develop beyond the will of the seller, are unforeseen and prevent or delay the seller from fulfilling its obligations, the product delivery may not be realized within the specified time. In such cases, the seller undertakes to inform the buyer. In such cases, the buyer has the right to request the seller to cancel the order, replace the product with a similar one and/or postpone the delivery until the situation preventing the delivery within the specified time is eliminated.

 

8.7. For the delivery of the contractual product, the sales price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product. If the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address specified above within ...... days.

 

9.AUTHORIZED AND AUTHORIZED COURT;

Any complaints and objections arising from the implementation of this contract shall be made to the Consumer Problems Arbitration Board at the place where the Buyer resides or where the goods were purchased, in accordance with the monetary value limits determined by the Ministry of Customs and Trade in December of each year. However, in cases where the Consumer Courts have jurisdiction over monetary limits, applications shall be made to the authorized Consumer Courts.