Distance Sales Agreement
ARTICLE 1- Parties to the Agreement:
Seller: Modalt Tekstil Konf. ve San. Tic. Ltd. Şti
ADRES: 5746/4 Sk. No:4 Camdibi/ Bornova/ IZMIR, 35090 İZMİR, Turkey
90 (232) 431 05 53
Fax: +90 (232) 431 05 55
Name/Surname, Title, if any:
ARTICLE 2- Subject of Agreement: The subject of this agreement is determination o f the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No 4077 and Regulation on Implementation of Principles and Procedures on Distant Agreements as regards the sale and delivery of the goods/services which the buyer has ordered in the electronic environment from the seller's web site named www.letoilefashion.com qualifications and sales price of which are stated in the agreement. The buyer accepts that the buyer is informed about the basic qualities of the goods/services subject to sale, sales price, payment method, delivery conditions and etc. as well as all the preliminary information about the goods/services subject to sale and its right of withdrawal and the buyer has confirmed these preliminary information in the electronic environment and then the buyer has ordered the goods/services. The preliminary information and invoice on the payment page of www.letoilefashion.com website is an integral part of this contract.
ARTICLE 3- Date of Agreement: These two copies of agreements previously signed by the seller have been signed by the buyer on the date of ............. and one copy has been mailed to the address of the buyer.
ARTICLE 4- Delivery of Goods/Services, Execution place of the Agreement and Way of Delivery: The goods/service shall be delivered to the address of ............ required by the buyer.
ARTICLE 5- Delivery Costs and Execution of Delivery: We are working with the UPS for our both national and international shipments You will be responsible for paying for your shipping costs. Shipping costs are non-refundable.
Depending on where you live, the time it may take for your product to reach you,
For 600km, the shipment term is 48 hours.
For the kilometres that above 600, the shipment term can increase to three-five days.
ARTICLE 6- Declaration and Commitment of the Buyer: The buyer shall check the goods and services subject to the agreement before receiving the delivery and will not receive goods/services with torn packing and which are crushed, broken, damaged and defective from the cargo company. Delivered goods/services means that the delivered goods/services are undamaged and sound. After the delivery, the goods/service must be carefully protected. The buyer has to send back the goods/service and the invoice to the seller within three (3) days after receiving them if the bank or financial institution cannot pay the goods/service fee to the seller due to unauthorized or illegal usage of the credit card by the unauthorized persons, for the reasons which are not due to the fault of the credit card of the buyer. After delivery of the goods/service, the buyer is obliged to compensate the goods/service if the buyer has caused a defect which would prevent the resale of the goods/service. In all cases the transportation costs belong to the PURCHASER.
ARTICLE 7 - Seller's Declaration and Commitments: Seller shall be responsible for delivering contractual goods/services in a sound, complete way and in accordance with the qualifications specified in the order and, if provided, with warranty documents and user manuals. If the contractual goods/service is to be delivered to the person/organization other than the Buyer, the Supplier shall not be responsible for the delivery of goods/service if the person/organization does not accept the delivery. The seller shall return the goods/service fee within 10 (ten) days after receipt of the withdrawal declaration, and the negotiable documents if any. The goods/service will be returned within 20 (twenty) days. For justifiable reasons, the seller can supply the buyer the goods/service with the same quality and price without the expiration of the contract. If the seller believes that the goods/services have been rendered impractical, the seller will notify the buyer before the fulfillment period of the agreement expires. The paid price and documents, if any, are returned within 10 (ten) days. The defective or damaged goods/services which are from the goods/services that are sold with the guarantee document or sold without the guarantee document can be sent to the seller for the necessary repairs within the guarantee conditions and in this case the delivery expenses shall be covered by the seller.
ARTICLE 8- Specifiactions of the Material/Service Subject to the Agreement: The type and quantity of the goods/service, the amount, brand/model, color and the sales price including all taxes are included in the information provided on the goods/services introduction page on the nehir.com.tr web site and as specified in the invoice which is an integral part of this contract.
MADDE 9- Cash Price of Goods/Services: The cash price of the goods/service is included in the invoice sent with the product sent to the customer following the order.
ARTICLE 10- Forward Price: The price of the goods/service according to the price made at the sale price is included in the invoice sent with the sample invoice and the product sent to the customer.
ARTICLE 11-Interest: The interest cannot be more than the rate set each year by the Government of the Republic of Turkey and 30% under any circumstances. The buyer is responsible against the bank with which it works according to the provision of Article 13.
ARTICLE 12- Amount of Advance Payment: The amount of the advance payment of the goods/services is included in the invoice sent to the customer together with the sample invoice and the product mailed as a result of the order.
ARTICLE 13- Payment Plan: In case the buyer makes a purchase by credit card and in installments, the installment way chosen from the site is valid. In installment procedures, the relevant provisions of the agreement signed between the Buyer and the bank issuing the card shall apply. The date of payment of the credit card is determined by the terms of the agreement between the bank and the buyer. The buyer may also monitor the number of installments and payments from the statement sent by the bank.
ARTICLE 14- Right of Withdrawal: Buyer may exercise the right of withdrawal within 7 (seven) days from the delivery of the contractual goods/service to itself or to the person/organization indicated in the contract. For the use of the right of withdrawal, the seller must be notified by e-mail within the same period of time within the provisions of Article 15 and in accordance with the preliminary information published on the web site of nehir.com.tr, which is an integral part of this agreement and the package and its contents must not be damaged during trial and must be suitable for resale. In the event of the use of this right, the invoice for the goods or services delivered to the 3rd person or Buyer has to be returned. Within 7 days following receipt of notice of withdrawal, the goods/service shall be returned to the Buyer and the goods/service shall be received within 20 (twenty) days. If the original of the invoice is not sent, the VAT and any other legal obligations, if any, cannot be returned to the Buyer. The delivery and cargo fees of the goods/service returned with the reason of withdrawal shall be borne by the Buyer.
ARTICLE 15- Goods/Services for which right of withdrawal cannot be used: Products/services which cannot be returned in terms of quality are goods/services which are rapidly damaged and expired, disposable goods/services, all kinds of software and programs which can be copied. In addition, in order to be able to use the right of withdrawal in all kinds of software and programs such as DVD, DIVX, VCD, CD, MD, video cassettes, computer and stationary consumables (toner, cartridge, tape etc.) and in cosmetic materials the original package of the goods/services must not be opened and damaged and they must be unused.
ARTICLE 16- Default Case and Its Legal Conclusions: The Buyer shall pay interest and be liable to the bank in the event of default in transactions which the Buyer has made with the credit card, within the framework of the credit card agreement that he/she has made as regards the card. In this case, the bank may apply for legal remedies, request from Buyer the cost of the expenses incurred and attorney and in any case of defaults due to Buyer's debts, the Buyer accepts to pay the damage and loss of Seller due to delayed payment of debt.
ARTICLE 17- Authorized Court: Consumer Arbitration Duties are authorized in disputes up to the value declared by the Ministry of Industry and Trade while Consumer Courts are authorized in disputes over this value that may arise from this agreement. In places where there are no Consumer Courts, Civil Courts of First Instance are authorized.
Name and Surname: ......