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Distance Selling Agreement


DISTANCE SALES CONTRACT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.
'SALES PERSON'; (Referred to as "SELLER" in the contract)
TITLE: NİŞANTAŞI COSMETICS
ADDRESS: Ataköy 7-8-9-10. Part Istanbul
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and any additional fees (such as shipping fee, tax) and that he has been informed about this.
2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below will express the explanations stated opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: Activities other than providing goods that are the subject of any consumer transaction made or promised to be carried out in return 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 or on behalf of the offerer of goods,
BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERER: Real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
3. TOPIC

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product ordered by the BUYER electronically through the SELLER's website, the qualities and sales price of which are specified below.
The prices listed and announced on the site are the sales price. Declared prices and commitments are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION

Title: NİŞANTAŞI COSMETICS
Address: Ataköy 7-8-9-10. Part Istanbul
Phone: 08503800101
Email: info@nisantasikozmetik.com
6. INFORMATION OF THE PERSON WHO PLACED THE ORDER

Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

8. The basic features of the Goods/Service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Declared prices and commitments are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan
Delivery address
Delivery person
Billing address
Order date
delivery date
Delivery method
7.4. The shipping fee of the product and the shipping cost will be paid by the BUYER.
8. INVOICE INFORMATION

Name/Surname/Title
Address: BUYER ADDRESS
Phone: BUYER PHONE NUMBER
Fax: RECEIVER FAX
Email/username: BUYER INFORMATION
Invoice delivery: The invoice will be sent together with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS

9.1. BUYER accepts, declares and undertakes that he/she has read and obtained preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the SELLER's website and has given the necessary confirmation electronically. BUYER; By confirming this contract electronically, he/she accepts, declares and undertakes that he/she has obtained the address that should be given by the SELLER to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely, before the establishment of the distance sales contract.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period. If the product is not delivered to the BUYER within this period, the BUYER may terminate the contract.
9.3. SELLER shall deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, together with warranty documents, user manuals, information and documents required for the work, if any, in accordance with the principles of accuracy and honesty, in accordance with the requirements of legal legislation, without defects, completely, in accordance with the qualifications specified in the order. , warranty documents, user manuals, along with information and documents required for the job, if any, in accordance with the principles of accuracy and honesty, in accordance with the requirements of legal legislation, without defects, completely, in accordance with the qualifications specified in the order. together with the documents, in accordance with the principles of accuracy and honesty, in accordance with the legal regulations, without defects, completely, in accordance with the qualifications specified in the order, with warranty documents, user manuals, information and documents required for the job, if any, in accordance with the principles of accuracy and honesty, In accordance with the requirements of legal legislation, without defects, completely, in accordance with the qualifications specified in the order, together with warranty documents, user manuals, information and documents required for the work, if any, in accordance with the principles of accuracy and honesty, in accordance with the requirements of legal legislation, without defects, completely, in accordance with the qualifications specified in the order. in accordance with the principles of accuracy and honesty, in accordance with the requirements of legal legislation, without defects, completely, in accordance with the qualifications specified in the order, in accordance with the qualifications specified in the order, with warranty documents, user manuals, if any, as required for the job. Along with the information and documents, we accept, declare and undertake to deliver the work completely and without defects, in accordance with the principles of accuracy and honesty, in accordance with the requirements of legal legislation, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight. It does.
9.4. SELLER may supply a different product of equal quality and price, provided that he informs the BUYER and obtains his express approval before the contractual performance obligation expires.
9.5. If the SELLER learns that the fulfillment of the product or service subject to the order has become impossible and that this situation makes it impossible to fulfill the contractual obligations, it will notify the BUYER in writing within 3 days from the date of learning of this situation and return the price of the delivered product, if any, to the BUYER within 14 days. .
9.6. By confirming this contract electronically, the BUYER accepts, declares and undertakes that if the SELLER does not pay the price of the product subject to the contract, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. If the relevant bank or financial institution does not pay the price of the product to the SELLER as a result of unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract, the BUYER will return the product subject to the contract to the SELLER within 3 days and the delivery expenses will be borne by the SELLER. accepts, declares and undertakes.
9.8. If the SELLER cannot deliver the product subject to the contract within the period, it notifies the BUYER as soon as it learns about this situation and gives the BUYER the right to cancel the order, replace the product subject to the contract with a similar one and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be refunded in cash within 14 days. For payments made by the BUYER by credit card, the product price will be refunded to the relevant bank within 14 days from the date of cancellation of the order. BUYER accepts, declares and undertakes that it may take up to 2 to 3 weeks for the amount returned by the SELLER to be reflected in the bank's account and that this period is related to the bank transaction process.
9.9. The SELLER provides communication, marketing and notification to the BUYER via letter, e-mail, SMS, telephone call and other means through the address, e-mail address, landline and mobile telephone lines and other contact information specified in the site registration form or updated by the SELLER. and for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the specified communication activities.
9.10. BUYER will check the goods/services subject to the contract before receiving them; broken, crushed, torn, unpackaged, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. BUYER is obliged to protect the goods/services carefully after receiving them. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or a security vulnerability is detected in the order, the SELLER may request the identity and contact information of the credit card holder, the last month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to him/her. . If the order is frozen and the BUYER does not provide the requested information/documents, the SELLER has the right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is correct and that it will compensate all damages incurred by the SELLER due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
9.13. BUYER accepts and undertakes to comply with legal regulations and not violate them when using the SELLER's website. Otherwise, all legal and criminal liabilities belong entirely and exclusively to the BUYER.
9.14. BUYER cannot use the SELLER's website in a way that would disrupt public order, violate public morality, disturb or harass others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, viruses, trojan horses, etc.).
9.15. Links may be provided through the SELLER's website to other websites and/or other content that are not under the control of the SELLER and/or operated and/or owned by third parties. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site and do not constitute any warranty for the information contained on the linked website.
9.16. The member who violates one or more of the articles in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from these violations. In addition, if the incident is transferred to the legal field due to violation, the SELLER reserves the right to demand compensation against the member due to breach of contract.
10. RIGHT OF WITHDRAWAL

10.1. BUYER; In case the distance contract is related to the sale of goods, the person may exercise his right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without assuming any legal or criminal liability and without giving any justification. In distance contracts, the period for service performance begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where service performance begins with the approval of the consumer before the right of withdrawal expires. Expenses incurred due to exercising the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing within 14 (fourteen) days by registered mail, fax or e-mail and the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provision. If this right is used,
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 together with the return invoice issued by the institution during the return process. The return process of corporate orders for which a return invoice is not issued cannot be completed.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the price of the product and the documents that put the BUYER in debt within 10 days from the receipt of the notice of withdrawal and to take back the goods within 20 days.
e) In case the value of the goods decreases or the return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the use of the goods or products within the right of withdrawal period.
f) In case of exercising the right of withdrawal, if the campaign limit amount determined by the SELLER falls below, the discount amount used within the scope of the campaign will be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Bottom underwear, swimsuits and bikini bottoms, make-up materials, disposable products, products prepared in line with the BUYER's request or clearly personal needs and cannot be sent back, products that are in danger of rapid deterioration or likely to expire, health and hygiene products when delivered. Products that are not suitable for return, products that cannot be returned if their packaging is opened after delivery, periodicals such as newspapers and magazines, services performed instantly in electronic environment, other than those provided within the scope of the subscription agreement, or intangible goods delivered instantly to the consumer, 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. In addition, the right of withdrawal cannot be exercised in contracts regarding services whose performance begins with the consumer's approval before the right of withdrawal expires.
Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) are unopened, untested, intact and unused. They can be returned provided that they are
12. DEFAULT AND LEGAL CONSEQUENCES

BUYER accepts, declares and undertakes that in case of default in credit card payment transactions, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees that may arise from the BUYER, and in any case, in case of default due to the BUYER's debt, it accepts, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the BUYER's debt.
13. COMPETENT COURT

In disputes arising from this contract, consumer issues will be referred to the arbitration committee or consumer court in the place where the BUYER is located or where the consumer transaction is made. Complaints and objections will be made within the monetary limits specified below. Information on monetary limits is below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Law on Consumer Protection No. 6502, to district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL,
b) To provincial consumer arbitration committees in disputes with a value below 3,000.00 (three thousand) TL,
c) In provinces with metropolitan status, in disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees.
This contract has been concluded for commercial purposes.
14. ENFORCEMENT

If the BUYER pays for the order placed on the site, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to confirm that this contract has been read and accepted by the BUYER before the order is placed.
SELLER: NİŞANTAŞI COSMETICS
DATE: 09.04.2021 11:35