Distance Sales Agreement
1. Parties
This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
SELLER: ZTX TEXTILE DOMESTIC AND FOREIGN TRADE LIMITED COMPANY (Hereinafter referred to as the SELLER.)
By accepting this agreement, the BUYER acknowledges that they will be obliged to pay the price of the order subject to the contract, as well as any additional fees such as shipping costs and taxes, if applicable, and that they have been informed about this in advance.
2.DEFINITIONS
The terms written below will express the explanations written next to them in the implementation and interpretation of this contract.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law No. 6502 on the Protection of Consumers,REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.
2014/29188)
SERVICE: Any consumer transaction other than the provision of goods made or promised to be made in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the seller,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The internet site owned by the SELLER,
ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to the transaction and intangible goods such as software, sound, image, and similar items prepared for use in electronic environments.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in relation to the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER through the SELLER's website, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: ZTX TEXTILE INTERNAL AND EXTERNAL TRADE LIMITED COMPANY
Address: KARACAOĞLAN NEIGHBORHOOD 6215. STREET NO:32/A BORNOVA/IZMIR
Fax:
Email: info@lethestudios.co
5.BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS INFORMATION
1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign has been organized by the seller, you can review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until an update is made and changes are implemented.The prices announced for a limited time are valid until the specified period ends.
7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Cost
Total :
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product shipment expense, 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 invoice address along with the order during the order delivery
.
9. GENERAL TERMS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product subject to the contract, the sales price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation in electronic form.The BUYER acknowledges, declares, and undertakes that they have correctly and completely obtained the address that must be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, payment, and delivery information, by confirming the Preliminary Information in electronic form before the establishment of the distance sales contract.
9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization indicated by the BUYER at the address specified on the website within the period indicated in the preliminary information section, depending on the distance of the BUYER's residence, without exceeding the 30-day legal period. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3.SELLER agrees, declares, and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, along with any warranty documents, user manuals, and necessary information and documents required for the job, to perform the work in a manner that is free from any defects, in compliance with legal regulations, and in accordance with standards, based on the principles of accuracy and honesty, to maintain and enhance service quality, to exercise the necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiration of the performance obligation arising from the contract.
9.5.SELLER agrees, declares, and undertakes that if it becomes impossible to fulfill the obligations of the contract regarding the product or service subject to the order, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total amount to the BUYER within 14 days.
9.6. BUYER agrees, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and in the event that the payment for the product subject to the Agreement is not made for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7.BUYER agrees, declares, and undertakes that if the payment for the product subject to the contract is not made to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card after the delivery of the product to the BUYER or to the person and/or organization indicated by the BUYER at the address, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. The SELLER agrees, declares, and undertakes to notify the BUYER if it is unable to deliver the product subject to the contract within the specified time due to force majeure circumstances that arise outside the will of the parties, unforeseen events, and/or situations that prevent and/or delay the fulfillment of the parties' obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with a similar one if available, and/or the postponement of the delivery time until the obstructive situation is resolved from the SELLER.In the event of the order being canceled by the BUYER, for payments made in cash, the product amount will be refunded in cash within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after the refund to the bank is entirely related to the bank's processing time, and therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9.The SELLER has the right to contact the BUYER through the address, email address, landline and mobile phone numbers, and other contact information specified in the registration form on the site or later updated by the BUYER, via letter, email, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at them.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not accept any damaged or defective goods/services, such as those that are crushed, broken, or have torn packaging, from the courier company. It will be assumed that the received goods/services are undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11.If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, a statement from the bank regarding the credit card belonging to the cardholder, or the statement of the previous month's statement of the credit card used in the order. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate, and that they will immediately compensate the SELLER for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification, in cash and in full.
9.13. The BUYER hereby accepts and undertakes to comply with the provisions of the legal regulations while using the website belonging to the SELLER and not to violate them. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, or for an illegal purpose that infringes upon the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder other members from using the services (spam, virus, Trojan horse, etc.).
9.15. Links may be provided from the website belonging to the SELLER to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER.These links are provided for the convenience of directing the BUYER and do not support any website or the person operating that site, nor do they carry 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 shall be personally liable for such violation, both criminally and legally, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that this violation is brought to the legal arena, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement due to this violation.
10. RIGHT OF WITHDRAWAL
10.1.BUYER; in the case of a distance contract related to the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or penal liability and without providing any justification, provided that he/she notifies the SELLER within 14 (fourteen) days from the date of delivery of the product to himself/herself or to the person/institution at the address he/she has indicated. In distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the performance of the service has begun with the consumer's approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that he/she has been informed about the right of withdrawal.
10.2.To exercise the right of withdrawal, it is required to notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the provisions of "Products for which the Right of Withdrawal Cannot Be Exercised" set forth in this contract. In the event of exercising this right,
a) the invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and any standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER under obligation to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification, and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes and damages that occur due to the proper use of the goods or products during the withdrawal period.
f) If the campaign limit amount set by the SELLER is exceeded due to the exercise of the right of withdrawal, the discount amount utilized within the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products that are prepared in accordance with the BUYER's request or explicit personal needs and are not suitable for return, such as lingerie bottoms, swimsuits and bikini bottoms, makeup products, disposable items, goods that are at risk of rapid deterioration or are likely to expire, products that are unsuitable for return from a health and hygiene perspective if the packaging is opened by the BUYER after delivery, products that become mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic form or intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the packaging has been opened by the BUYER, as per the Regulation.Additionally, it is not possible to exercise the right of withdrawal for services that have begun to be performed with the consumer's approval before the withdrawal period expires, as per the Regulation.
Cosmetics and personal care products, lingerie, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery supplies (toner, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
IF THE BUYER defaults on payment transactions made by credit card, they accept, declare, and undertake that they will pay interest under the credit card agreement with the cardholder bank and will be liable to the bank.In this case, the relevant bank may resort to legal means; it may demand the arising costs and attorney fees from the BUYER, and in any case of the BUYER falling into default due to the debt, the BUYER agrees, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court located at the consumer's residence or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective from 01/01/2017, the value for applications to consumer arbitration boards for the year 2017 is:
a) 2.In disputes under 400 (four hundred) Turkish Liras, district consumer arbitration committees,
b) In metropolitan municipalities, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
c) In the centers of provinces that are not metropolitan municipalities, for disputes under 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees,
ç) In districts of provinces that are not metropolitan municipalities, for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras, provincial consumer arbitration committees have been authorized.
This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
When the BUYER makes the payment for the order placed through the Site, it is deemed to have accepted all the terms of this agreement.The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is completed.
SELLER:
BUYER:
DATE: