Distance Sales Agreement
1. Parties
This Agreement has been executed between the parties below under the terms and conditions set out herein.
SELLER: ZTX TEKSTİL İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as the SELLER.)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order that is the subject of this agreement, they are obligated to pay the order amount and any additional fees such as shipping costs and taxes, if applicable, and that they have been informed of this.
2. DEFINITIONS
For the application and interpretation of this Agreement, the terms below shall have the meanings set out opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Turkish Law No. 6502 on the Protection of Consumers,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject matter of any consumer transaction performed, or undertaken to be performed, in exchange for a fee or benefit, other than the supply of goods,
SELLER: The company that offers goods to the consumer, or that acts on behalf of or for the account of the party offering goods, within the scope of its commercial or professional activities,
BUYER: The natural or legal person who acquires, uses, or benefits from goods or a service for purposes outside their commercial or professional activity,
SITE: The SELLER's website,
PERSON PLACING THE ORDER: The natural or legal person who requests goods or a service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement entered into between the SELLER and the BUYER,
GOODS: Refers to movable property that is the subject of the sale, and to software, sound, images, and similar intangible goods prepared for use in electronic form.
3. SUBJECT
This Agreement governs the rights and obligations of the parties, in accordance with Turkish Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, regarding the sale and delivery of the product whose qualities and sale price are stated below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sale prices. Listed prices and offers remain valid until updated or changed. Prices announced for a limited time remain valid until the end of the stated period.
4. SELLER INFORMATION
Company Name: ZTX TEKSTİL İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ
Address: KARACAOĞLAN MAHALLESİ 6215. SOKAK NO:32/A BORNOVA/İZMİR
Fax:
Email: info@lethestudios.co
5. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
6. INFORMATION ABOUT THE PERSON PLACING THE ORDER
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The essential characteristics of the goods/product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign has been arranged by the Seller, you may review the essential characteristics of the relevant product for the duration of the campaign. This is valid until the campaign end date.
7.2. The prices listed and announced on the site are the sale prices. Listed prices and offers remain valid until updated or changed. Prices announced for a limited time remain valid until the end of the stated period.
7.3. The sale price of the goods or service subject to the agreement, inclusive of all taxes, is shown below.
Product Description / Quantity / Unit Price / Subtotal (Tax Included)
Shipping Amount
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost for delivering the product will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the billing address together with the order at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information published on the SELLER's website regarding the essential characteristics, sale price, payment method, and delivery of the product subject to the agreement, and that they have given the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes that, prior to the formation of this distance sales agreement, they have correctly and completely obtained the address that the SELLER is required to provide, the essential characteristics of the ordered products, the tax-inclusive price of the products, and the payment and delivery information.
9.2. Each product subject to the agreement will be delivered to the BUYER, or to the person and/or organization at the address indicated by the BUYER, within the period stated in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided this does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the agreement complete, in accordance with the qualities specified in the order, and, where applicable, together with warranty documents, user manuals, and any information and documents required by the nature of the work; to perform the work free of any defect, in a sound manner consistent with legal regulations and standards, based on principles of accuracy and good faith; to maintain and improve service quality; to exercise the necessary care and attention while performing the work; and to act with caution and foresight.
9.4. Before the expiry of its performance obligation under the agreement, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent.
9.5. If the SELLER is unable to fulfill its obligations under the agreement because performance of the ordered product or service has become impossible, the SELLER acknowledges, declares, and undertakes that it will notify the consumer in writing within 3 days of becoming aware of this, and will refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for delivery of the product subject to the agreement, and that if, for any reason, the price of the product subject to the agreement is not paid and/or is cancelled in bank records, the SELLER's obligation to deliver the product subject to the agreement will end.
9.7. If, after delivery of the product subject to the agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER acknowledges, declares, and undertakes that they will return the product subject to the agreement to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the agreement within the specified period due to force majeure circumstances arising outside the will of the parties, which could not have been foreseen in advance, and which prevent and/or delay the parties from fulfilling their obligations, the SELLER acknowledges, declares, and undertakes that it will notify the BUYER of the situation. The BUYER has the right to request from the SELLER that the order be cancelled, that the product subject to the agreement be replaced with an equivalent if available, and/or that the delivery period be postponed until the obstacle preventing delivery has been removed. If the BUYER cancels the order, the amount paid in cash will be refunded to the BUYER in cash and in full within 14 days. For payments made by the BUYER by credit card, the amount will be refunded to the relevant bank within 14 days of the order being cancelled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average time for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, that this reflection process, once refunded to the bank, is entirely related to the bank's transaction process, and that the BUYER cannot hold the SELLER responsible for any resulting delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes, via letter, email, SMS, phone call, and other means, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site's registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the communication activities described above directed at them.
9.10. The BUYER shall inspect the goods/service subject to the agreement before accepting delivery; the BUYER shall not accept delivery from the courier of goods/services that are dented, broken, have torn packaging, or are otherwise damaged or defective. Goods/services accepted upon delivery shall be considered undamaged and sound. The obligation to carefully preserve the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the person placing the order and the holder of the credit card used during the order are not the same person, or if a security vulnerability relating to the credit card used in the order is identified before delivery of the product to the BUYER, the SELLER may request that the BUYER provide the identity and contact information of the credit card holder, the previous month's statement for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER acknowledges and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that they will immediately compensate, in cash and in full, upon the SELLER's first notification, any damages the SELLER incurs as a result of the inaccuracy of this information.
9.13. The BUYER acknowledges and undertakes in advance to comply with, and not to violate, applicable legislation while using the SELLER's website. Otherwise, any legal and criminal liability that arises will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, serves an unlawful purpose, or infringes on the material or moral rights of others. In addition, members may not engage in activities (spam, viruses, trojans, etc.) that prevent or hinder others from using the services.
9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or that are owned and/or operated by other third parties. These links are provided to make it easier for the BUYER to navigate to other sites and do not constitute an endorsement of any website or the person operating that site, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this agreement will be personally liable, both civilly and criminally, for this violation, and will hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, if the matter is brought before the courts due to this violation, the SELLER reserves the right to claim damages from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise their right of withdrawal from the agreement within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address they have indicated, by notifying the SELLER, without assuming any legal or criminal liability and without giving any justification, by rejecting the goods. For distance contracts relating to the provision of services, this period begins on the date the agreement is signed. The right of withdrawal cannot be exercised for service agreements where, with the consumer's approval, performance of the service has begun before the withdrawal period has expired. Costs arising from the exercise of the right of withdrawal belong to the BUYER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to the SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax, or email, and the product must not have been used within the framework of the provisions on "Products for Which the Right of Withdrawal Cannot Be Exercised" set out in this agreement. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER (if the invoice for the product to be returned was issued to a company, the return must be sent together with the return invoice issued by that company. Order returns invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and any standard accessories, if applicable.
d) The SELLER is obligated to refund the total amount and any documents that placed the BUYER under a debt obligation to the BUYER within 10 days at the latest from the date the notice of withdrawal reaches it, and to collect the returned goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault attributable to the BUYER, or if return becomes impossible, the BUYER is obligated to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes or deterioration resulting from proper use of the goods or product during the withdrawal period.
f) If, as a result of exercising the right of withdrawal, the amount falls below the campaign threshold set by the SELLER, the discount amount benefited from under the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER's request or personal needs and not suitable for return; undergarment bottoms, swimsuit and bikini bottoms, cosmetic products, single-use products, goods at risk of rapid spoilage or likely to expire; products that are not suitable for return for health and hygiene reasons once their packaging has been opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot by nature be separated; periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed electronically and instantly or intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables whose packaging has been opened by the BUYER — cannot be returned under the Regulation. In addition, the right of withdrawal cannot be exercised, under the Regulation, for services that began, with the consumer's approval, before the withdrawal period expired.
Cosmetic and personal care products, undergarments, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, untested, undamaged, and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on a payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest and be liable to the card-issuing bank in accordance with the credit card agreement between them and the bank. In this case, the relevant bank may pursue legal action and may claim any resulting costs and attorney's fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will compensate the SELLER for any loss and damage arising from the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement will be submitted, within the monetary limits specified below, to the consumer arbitration committee or consumer court in Turkey serving the BUYER's place of residence or where the consumer transaction took place. Information on the monetary limits is provided below:
Effective January 1, 2017, for 2017, the following limits apply to applications to consumer arbitration committees in Turkey:
a) Disputes below 2,400 (two thousand four hundred) Turkish Lira are handled by district consumer arbitration committees,
b) In metropolitan provinces, disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira are handled by provincial consumer arbitration committees,
c) In the centers of non-metropolitan provinces, disputes below 3,610 (three thousand six hundred ten) Turkish Lira are handled by provincial consumer arbitration committees,
d) In districts of non-metropolitan provinces, disputes between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira are handled by provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
Once the BUYER completes payment for the order placed through the Site, they are deemed to have accepted all terms of this agreement. The SELLER is obligated to make the necessary software arrangements to obtain confirmation, prior to the order being finalized, that the BUYER has read and accepted this agreement on the site.
SELLER:
BUYER:
DATE: