Sales Agreement

 

PARTIES

 

This agreement is concluded by and between (                                    ) (hereinafter referred to as “BUYER”) having its registered office in  (                                    ) and  Denovias

 

Gelinlik Moda Tekstil Sa.ve Tic. A.Ş. (hereinafter referred to as “SELLER”) having its registered office in  899 sokak No:30 Kat:3 Konak/İzmir with the terms and conditions herein.

 

DEFINITIONS

 

In the application and interpretation of this agreement, the following terms shall have the corresponding definitions.

 

 MINISTER                  : shall mean the Minister of Science, Industry and Technology;

 

 MINISTRY                  : shall mean the Ministry of Science, Industry and Technology;  

 

LAW                             : shall mean the Law on Consumer Protection;

 

REGULATION             : shall mean the Regulation on Distance Contracts;  

 

SERVICE                     : shall mean any and all activities, except the provision of commodities, that are performed in exchange for a fee or benefit;

 

SELLER                      : shall mean the company that will provide commodities to the consumer within the scope of its commercial or occupational activities;  

 

BUYER                        : shall mean the natural or legal person who obtains, uses or has benefits from any commodity or service for non-commercial or non-occupational reasons;  

 

WEBSITE                    : shall mean the website named www.denovias.com.tr that belongs to the SELLER;

 

ORDERING PARTY    : shall mean the natural or legal who requests a commodity or a service via www.denovias.com.tr, the website that belongs to the SELLER;  

 

PARTIES                     : shall mean the SELLER and the BUYER;  

 

AGREEMENT             : shall mean this agreement entered into by and between the SELLER and the BUYER;  

 

COMMODITY             : shall mean the movable property that is subject to the transaction and intangible commodities, prepared to be used across electronic environment such as software, sound, image etc.

 

SUBJECT MATTER

 

The subject matter of this Agreement is to determine, in accordance with the provisions of the Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts of 06.03.2011, the rights and obligations of the parties regarding the purchase and delivery of the product that is ordered by the BUYER in electronic environment through the SELLER's website, and qualities and sale price of which are specified below.

 

The prices listed and announced on the website are the sale prices. The announced prices and assurances are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the specified period of time.

 

SELLER INFORMATION

 

Title  :       Denovias Gelinlik Moda Tekstil Sanayi ve Ticaret A.Ş.

 

Address       : 899 sokak No:30 Kat:3 Konak/İZMİR

Telephone    :  +90232 446 11 16

Fax              :  +90232 445 22 52 

E-mail          :  [email protected]

 

BUYER INFORMATION  

 

Name of the Receiver       :          

Delivery Address :           

Telephone :           

Fax     :          

E-mail/Username      :     

 

 

INFORMATION REGARDING THE ORDERING PARTY (Hereinafter referred to as the ORDERING PARTY.)

 

Name/Surname/Title         :    

 

Address    :          

Telephone :          

Fax     :           E-mail / Username    :     

 

 

7- CONTRACT SUBJECT PRODUCT

Date : {TARIH} 

 

Model Name

 

The type and type, quantity, brand / model color and sales price of the products are as stated above.  

 

Payment Method: 

 

Delivery Address:   

 

7.1.  Product shipment shall be made within 10 working days after an order is received.

 

8.0   GENERAL PROVISIONS

 

8.1. The BUYER acknowledges, declares and undertakes that it has read, on the  SELLER's website, the rudiments concerning the primary features, sale price, payment method and delivery of the contracted product and that it has granted the required confirmation in electronic environment based on full awareness of such information. The BUYER also acknowledges, declares and undertakes that it has truly, completely and accurately obtained all the information that the SELLER is required to provide to the BUYER, which includes the address details, primary features of the ordered product, tax-included price of the products, payment and delivery information before confirming the Rudiments in the electronic environment as required and prior to the drawing up of the distant sales contract.

 

8.2. Each contracted product shall be delivered to the BUYER or the person and/or organization residing at the address provided by the BUYER within the time specified in the rudiments section on the website, depending upon the distance of the BUYER’s residential area, provided that the legal period of 30 days is not exceeded. The time of delivery may be extended for 10 days, provided that the BUYER is notified beforehand.

 

8.3. The SELLER agrees, declares and undertakes to deliver the contracted product fully in line with the qualities stated in the order together with warranty documents, user manuals, the information and documentation needed as a matter of course and in good condition free of any defect as stipulated by the legal regulations, to perform the job conforming to standards based on the principles of honesty and decency, to maintain and enhance the service quality, to extend due care and diligence while performing the job, and to act with caution and prudence.

 

8.4. Before the contractual liability of execution expires, the SELLER may supply a different product in equal quality and price, provided that the SELLER notifies the BUYER and receives its clear approval.

 

8.5. If the SELLER fails to meet its obligations subject to the Agreement in the event that provision of an ordered product or a service becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer of this situation before the contractual liability of execution expires and refund the total amount to the BUYER within 10 days.

 

8.6. The BUYER confirms, declares and undertakes that it will confirm this Agreement in the electronic environment for delivery of the contracted product, and if, for any reason, the price for the contracted product is not paid and/or canceled in the bank records, the SELLER’s obligation to deliver the contracted product is revoked.

 

8.7. The BUYER accepts, declares and undertakes that if the BUYER’s credit card is used by an unauthorized person and as a result of which, the bank or the financial institution fails to pay the amount for the contracted product upon the delivery of the contracted product to the person and/or organization at the address designated by the BUYER, the BUYER shall return the product subject to the Agreement within 3 days at the SELLER's cost.

 

8.8. The SELLER, accepts, declares and undertakes that it will inform the BUYER if it cannot deliver the product subject to the agreement in due of time as a result of force majeure situations such as the situations occurring independently of the parties, being unforeseeable or preventing and/or delaying the parties in fulfilling their obligations. In this case, the BUYER has the right to request from the SELLER the cancellation of the order, replacement of the product subject to the agreement with an equivalent product, if any, and/or postponing the delivery process until the impeding condition is eliminated. If the order is cancelled by the BUYER, for the cash purchase made by the BUYER, the amount of the product shall be fully paid in cash within 10 days. As for the payments the BUYER made with its credit card, the amount for the product shall be returned to the relevant bank within 7 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that after the amount is refunded to its credit card by the SELLER, it may take 2-3 weeks until the bank reflects this transaction to the BUYER’s account, that once the amount is refunded to the bank, the rest of the process until it is reflected to the BUYER’s bank account is a process entirely related with the banking process and that the BUYER shall not hold the SELLER accountable for possible delays.

 

8.9. The SELLER has the right to contact the BUYER through the address, e-mail, landline and mobile phone numbers and other contact details given in the sign-up form for the website and updated later by the BUYER, via mail, e-mail, SMS, phone call or other means, for the communication, marketing, notification or other purposes. By agreeing to this agreement, the BUYER accepts and declares that the SELLER can perform the above mentioned communication activities towards the BUYER.

 

8.10. The BUYER shall examine the commodity/service subject to the agreement before receiving it and it shall not receive damaged and defective commodity/service that is crushed, broken, in a damaged package, etc. from the courier company. The received commodity/service shall be deemed undamaged and intact. After the delivery, the encumbrance of protecting the commodity/service with care belongs to the BUYER. If the right of withdrawal will be exercised, the commodity/service must not be used. The invoice must be returned 

 

8.11. If the BUYER and the holder of the credit card that is used in the ordering process are not the same person or before the product was delivered to the BUYER, a security flaw is detected on the credit card used in the ordering process, the SELLER may request from the BUYER to submit the personal and contact details of the card holder, the bank statement of the previous month for the credit card used in the ordering process, or a written document from the card holder’s bank stating that the credit card belongs to that person. During the time that will pass until the BUYER obtains the requested information/document, the order will be suspended and the SELLER is entitled to cancel the order unless the aforementioned demands are not met within 24 hours.

 

8.12. The BUYER declares and undertakes that the personal and other information it provided to the SELLER while signing up to the website are truthful, and that, if the SELLER incurs any losses due to the fact that such information does not reflect the truth, the BUYER will compensate all of SELLER’s damages, fully paid in cash, immediately after the first notification sent by the SELLER.

 

8.13. The BUYER accepts and undertakes beforehand to abide by the applicable law and not to violate these rules when using the SELLER's website. Otherwise, the BUYER shall be, wholly and exclusively, liable for all legal and punitive obligations that may arise.

 

8.14. The BUYER shall not use the SELLER's website by disrupting the public order or disturbing and abusing the others or behaving against general morality or for an illegal purpose or in a way infringing the material and moral rights of others. Besides, no member has the right to perform any transaction obstructing or preventing the usage of the services by others (spam, virus, Trojan, etc).

 

8.15. Link may be given from the SELLER’s own website to other websites and/or other web-contents which are not under the control of the SELLER and/or belong to and/or are managed by the third parties. These links are given to facilitate redirection of the Buyer, and they do not support any website or the persons managing the websites and do not constitute any warranty for the information stated in the particular websites.

 

8.16. The subscriber violating one or more articles of this subscription contract shall be personally liable legally and punitively due to this violation and they shall hold the SELLER harmless from legal and punitive consequences of these violations. Besides, the SELLER’s right to claim indemnity from the subscriber due to not abiding by the subscription contract is reserved in case the legal proceedings are initiated.

 

INVOICE INFORMATION

 

Name / Surname / Title       :       

Address    :        

Telephone :          

Fax     :          

E-mail / Username             

Invoice Delivery    :          

 

 

 

 

 

  1. RIGHT OF WITHDRAWAL

 

10.1. In the distance contracts regarding the sale of goods, the BUYER can exercise its right of withdrawal, without any justification, by rejecting the commodity within 15 (fifteen) days after the product is delivered to the BUYER or to the person/organization at the address designated by the BUYER. In the distance contracts regarding the provision of a service, this period starts on the date the agreement is entered into. The right of withdrawal cannot be exercised in the service agreements where the performance of the service commences upon the confirmation of the consumer before the right of withdrawal expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER.

 

 

10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing within 15 (fifteen) days via certified mail, fax or e-mail and the product must be unused pursuant to the terms of the “Exemptions for Using the Right of Withdrawal” under section 11. In the event that this right is exercised;

 

 

  1. a) The invoice of the product that was delivered to the third party or BUYER, (If the invoice of the product that is requested to be returned is a corporate invoice, then it must be submitted with a return invoice. For the order returns, invoices of which were drawn up in a corporation’s name, if a RETURN INVOICE is not issued, it will not be possible to complete the process of returning an order.)

 

  1. b) Return form,

 

  1. c) Box, packaging, and, if available, standard accessories must be returned with the products to be returned completely without any damage.

 

  1. d) The SELLER is responsible for returning the total amount and the documents that burden the BUYER with debt within a maximum of 10 days after the SELLER receives the notification of withdrawal, and for accepting return of the commodity within a period of 20 days.

 

  1. e) If there is any decrease in the commodity’s value as a result of the BUYER's fault or its return becomes impossible, the BUYER is liable to indemnify the SELLER for losses in proportion to the BUYER’s fault.
  2. f) If the final price falls below the campaign limit that was set by the SELLER because of exercising the right of withdrawal, the amount of the discount benefited within the scope of such campaign will be canceled.

 

  1. EXEMPTIONS FOR USING THE RIGHT OF WITHDRAWAL

 

Following goods cannot be returned pursuant to the Regulation: products customized by the BUYER’s needs or special demands, products not suitable for return due to nature of the product, underwear, swimwear and bikini bottoms, cosmetics, disposable products, goods having a perishable nature or may be expired in a short time, and voice or video recordings, software products and computer consumables unpacked by the BUYER. The cosmetics and personal care products, underwear, swimwear, bikinis, books, duplicable software products and programs, DVD, VCD, CD, tapes and stationery consumables (toner, cartridge, band, etc.) can only be returned if they are intact, unopened, untried, and unused.

 

 

  1. DEFAULT AND ITS LEGAL CONSEQUENCES

 

 

The BUYER accepts, declares and undertakes that if it goes into default in the transactions performed via a credit card, the BUYER shall pay interests pursuant to the credit card agreement made between the BUYER and the card issuer bank, and the BUYER shall be hold liable against the bank. In this case, relevant bank may take legal action, request the costs that will incur and attorney's fee from the BUYER and in any case, if the BUYER goes into default because of its debt, the BUYER accepts, declares and undertakes that it shall compensate the loss and damages that may be incurred by the SELLER due to delayed discharge of debt.

 

 

  1. GOVERNING JURISDICTION

 

 

13.1. In the event of dispute over the application and interpretation of the Agreement, the parties agree that the Consumer Arbitration Committees and the Consumer Courts in the district, where the BUYER officially resides and has purchased the good or service, shall be authorized up to the value announced by the Turkish Ministry of Science, Industry and Technology.

 

13.2. The SELLER can file complaints and objections to the arbitration committees for consumer problems or consumer courts in the district, where the BUYER officially resides or has purchased the good or service, within the monetary limits that are determined on a yearly basis in December by the Ministry of Science, Industry and Technology. Information regarding the monetary limit is given below:

To be effective as of 1/1/2013:

 

 

  1. a) TRY 1,191.52 shall be the upper monetary limit regarding that the decisions of arbitration committees for consumer problems will be binding, and be the lower monetary limit regarding that they will have evidential value before the consumer courts stipulated in paragraphs 5 and 6 of amended article 22 of the Law No. 4077 on the Consumer Protection,

 

 

  1. b) TRY 3,110.58 shall be the lower monetary limit regarding that the provincial arbitration committees operating in cities with metropolitan status will have competent jurisdiction under third paragraph of article 5 of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette numbered 25186, dated 01.08.2003.

 

 

This Agreement is to be executed for commercial purposes.

  

  1. ENFORCEMENT

 

Once the payment for the order placed through the website is made, the BUYER shall be deemed to have accepted all the conditions of this Agreement. The BUYER shall be responsible for making all the software regulations to ensure that an order cannot be placed without a confirmation that the BUYER has read and confirmed this Agreement on the website.

 

 

SELLER  :         Denovias Gelinlik Moda Tekstil San. ve Tic. A.Ş. 

BUYER    :          

DATE  :