DISTANCE SALES AGREEMENT

 

ARTICLE 1 - PARTIES TO THE AGREEMENT
SALLER
Title                     : ARİF YEŞİLBUCAK - TUBA BUTİK
Address                         : Türkali Mahallesi Ihlamurdere Caddesi No:47/A Beşiktaş/İstanbul
Phone                       :  0530 150 53 87
E-mail                      [email protected]  
Kep Address                 
Mersis No                   : 462343484000011

BUYER
Name Surname / Title   : {_aliciad_} {_alicisoyad_} 
Address                          : {_teslimatadresi_}
Communication information            : {_alicitelefon_}
The person who places an order on the website tubabutik.com and has the order number will be referred to as the "BUYER". The contact information given at the time of order is taken as basis.

 

ARTICLE 2 - SUBJECT OF THE AGREEMENT

​The subject of this Distance Sales Contract (hereinafter referred to as the "Contract") is the BUYER in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014. , on the website of the SELLER named www.tubabutik.com (hereinafter, it will be referred to as the "website") and the product/products whose qualifications and sales price are specified in this Agreement are ordered electronically by the BUYER, payment, delivery and determination of the other rights and obligations of the Parties and showing the means of resolution of disputes arising from this Agreement.

ARTICLE 3 - PRODUCT INFORMATION

The type or type, quantity, brand or model, sales price, payment method, delivery person, delivery address, invoice information and shipping fee of the product or products purchased electronically from www.tubabutik.com e-commerce site, and in the forms prepared before shopping. as seen in the order details. These promises are subject to change without notifying the buyer.

ARTICLE 4- DELIVERY and INVOICE

4.1. The product/products ordered electronically by the BUYER; Provided that the SELLER's stock is available and the fulfillment of the order subject Goods/Services becomes impossible, it is delivered to the persons at the address specified by the BUYER or the BUYER, without exceeding the legal period of 30 (thirty) days, through the transport company with which the SELLER has contracted. The BUYER accepts, declares and undertakes that if the product/products are not delivered to the persons at this address against signature, the delivery will be valid. If the product/products cannot be delivered within 30 (thirty) days from the order date, the BUYER may terminate the Contract.

4.2. The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the Website that the delivery fee will be covered by himself, the delivery costs will belong to the SELLER.

4.3. For the delivery of the product/products subject to the contract, this Agreement must be approved electronically, and the sales price must be paid in the form of payment preferred by the BUYER. If for any reason the price of the product/products is not paid or the payment is canceled by the bank, the BUYER accepts, declares and undertakes that the SELLER has the right to abstain from the delivery obligation of the product/products without incurring any responsibility.

4.4. The invoice to be issued by the SELLER on behalf of the real or legal person specified by the BUYER and/or the BUYER in return for the price of the product/products paid by the BUYER and the shipping service fee will be digitally issued within the scope of the E-archive application and sent to the BUYER's e-mail address. The product/products will be delivered by the SELLER to the delivery address specified by the BUYER in this Agreement, together with the delivery note. The BUYER accepts and declares that in case of any change of address, it will notify the SELLER in writing, and that any information given to the SELLER will be correct and truthful, and that the damages arising from false information will belong to him.

4.5. The BUYER accepts, declares and undertakes that the billing and delivery addresses and other information declared within the scope of this Agreement are complete and accurate. If there is an error and/or defect at the address notified by the BUYER, the BUYER is not present at the address stated by the BUYER at the time of delivery, and there is no person who can receive the product/products at the said address, or if the persons at the said address refuse to receive the product/products, and in similar cases, the SELLER's will not be liable in any way. In case the delivery cannot be realized as stated above, the BUYER has the right to demand re-delivery to be paid by himself.

4.6. The SELLER is responsible for the delivery of the contracted product/products intact, complete, in accordance with the specified qualifications and with the warranty documents and user manuals, if any, as required by the legislation. The BUYER and/or the person receiving the delivery is obliged to check whether the product(s) are delivered intact, complete, in accordance with the specified qualifications and as required by the legislation. A report should be kept with the transportation company representative about the product/products determined to be damaged during delivery. Otherwise, the SELLER will not be held responsible.

4.7.1. If it is noticed at the time of delivery that the product/products are defective, the product/products are returned by the SELLER as they were shipped and replaced with a new one within 14 days following this date without requesting an additional shipping cost from the BUYER.

4.7.2. In the event that the product/products are found to be defective after delivery, the BUYER shall notify the SELLER in writing or verbally through customer service. Following this notice, the product/products will be transported by the cargo company to be directed by the SELLER, and the returned product/products will be evaluated by the SELLER. If it is considered that the product/products are defective, the product/products subject to the notification; if possible, it will be repaired or replaced by the SELLER within 14 working days following the date of receipt. Otherwise, the product/products will be returned to the BUYER.

 

4.8. Invoice information:

Payment method :

{_odemesekli_}

Delivery address :

{_teslimatadresi_}

Delivery Person:

{TESLIMATALICI}

Billing address :

{FATURAADRES}

Shipping cost :

{_kargo_}

TL

 

ARTICLE 5- PAYMENT AND CAMPAIGNS

5.1. The sales price including VAT and the delivery price of the product/products ordered by the BUYER within the scope of this Agreement shall be paid in accordance with the payment terms and conditions determined by this Agreement.

5.2. In cases where the price of the product / products ordered from the BUYER's website is paid by credit card, the orders placed under this contract will be processed after the SELLER determines that the price of the product / products is blocked by obtaining a bank authorization from the credit card.

5.3. The SELLER is not responsible for the deductions made by the banks under other names during the payments.

5.4. In the event of any campaign, discount or similar application announced by the SELLER in accordance with the legislation on the date the BUYER orders the product/products and stated to be valid in distance sales, this application shall be submitted to the BUYER's order provided that the BUYER meets the campaign conditions. will also be applied.

5.5. After the delivery of the product/products, if the relevant bank or financial institution fails to pay the price of the product/products to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER may Acknowledging that the SELLER will send the products unused, undamaged, disassembled, completely and undamaged, to the SELLER within 14 (fourteen) days at the latest from the SELLER's written notification, and the shipping costs will be borne by the BUYER. and commits. Otherwise, the BUYER accepts and undertakes that all kinds of legal actions will be taken against the SELLER, including any damages and losses incurred by the SELLER.

5.6. It is out of the SELLER's initiative that the BUYER has contracted bank offers various payment options within the scope of its campaigns. Campaigns within the knowledge and discretion of the SELLER will be announced on the website.

5.7. The delivery fee is not included in the price of the product/products, but will be added to the price of the product/products to be paid by the BUYER, and the price of the product/products will be paid by the BUYER together with the delivery fee.

 

ARTICLE 6 - GENERAL PROVISIONS

6.1. The BUYER, on the website, includes the basic characteristics of the product/products subject to the Contract, the sales price including VAT, the validity period of all the commitments of the SELLER including the price and the payment method and preliminary information regarding the delivery; the right of withdrawal and how it will be used, the fee if there is a cost to be borne by the BUYER, the delivery and performance times of the product/products subject to the contract, the address, telephone and other access information of the SELLER to which the BUYER can forward their requests and complaints, the customs clearance of the applications regarding complaints and objections. and within the monetary limits determined by the Ministry of Commerce, accepts, declares and undertakes that the BUYER has read and informed that the consumer problems in the place of purchase or residence can be filed with the arbitral tribunal or the consumer court and gives the necessary confirmation in the electronic environment.

6.2. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.


6.3. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.

6.4. The BUYER accepts, declares and undertakes that he/she will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.

6.5. The BUYER accepts, declares and undertakes that persons under the age of 18 will not be able to shop even if the product/products intended for children are offered for sale on the website, and that the SELLER will not be liable in any way for the damages incurred by third parties due to the product ordering in violation of this rule. If the SELLER determines that there has been a violation of this article, it has the right to cancel the contract by canceling the order.

6.6. The SELLER reserves the right to freeze or terminate the order if it determines that the information given by the BUYER does not correspond to the truth. In such a case, if the SELLER cannot reach the BUYER from the phone, e-mail or delivery address given by the BUYER, it will freeze the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If the BUYER does not contact the SELLER within this period, the order will be cancelled. If the order is canceled, the payments made by the BUYER, if any, are returned within 10 (ten) days. For payments made by credit card, the refund is made to the credit card from which the payment was made. It is sufficient for the SELLER to make the payment within this period, and the SELLER cannot be held responsible for the process of reflecting the payment by the bank.

6.7. The SELLER is not responsible for price and content errors caused by typesetting and system errors. In case the product prices are written far below the market price at a level that can be understood by the average person as a clear error, all orders placed according to this incorrect price have the right to be canceled by the SELLER. In such a case, the BUYER accepts and declares that he will not make any rights or claims, including the delivery of the product at the declared faulty price, due to a clear mistake.

6.8. The SELLER reserves the right to cancel purchases that exceed the BUYER's needs from the same product on the Website. In case the purchases exceed 3 (three) products in wholesale purchases exceeding the BUYER's needs, the SELLER reserves the right to cancel the order completely or to send only 3 (three) products, which it accepts as the retail purchase limit.

ARTICLE 7- FORCE MAJEURE

Circumstances that did not exist and could not be foreseen at the date of signing of the Agreement, that developed beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities assumed by the Agreement or to fulfill them on time, force majeure will be considered as the cause. SELLER, force majeure (natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of the competent authorities, stocks If the product/products in the Contract cannot be delivered within the 14-day legal period due to the exhaustion, commercial impossibilities or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the BUYER is obliged to notify the situation to the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product/products subject to the contract with its precedent, if any, and/or postpone the delivery time until the impediment is removed. If the BUYER cancels the order, the amount paid will be returned to him within 14 (fourteen) days.

 

ARTICLE 8- RIGHT OF WITHDRAWAL

8.1. The BUYER may use the right of withdrawal granted to him in accordance with the relevant legislation within 14 (fourteen) days from the delivery of the product/products subject to the Contract to himself or to the person at the address he has notified. In order for the BUYER to exercise its right of withdrawal, the SELLER must notify the SELLER in writing or verbally through customer service within this period, and the product/products must be subject to withdrawal specified in the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014. It is obligatory that the product is not from products for which the right of use cannot be used, or that it has not suffered any damage that would prevent the product from being offered for resale except for customary use.

8.2. If the BUYER uses its right of withdrawal by notifying the SELLER in writing within 14 (fourteen) days following the delivery of the products to him, the SELLER may declare the product/products as they were first sold, that is, unused, together with the copy of the delivery report and the original invoice. is obliged to take delivery, provided that the costs are covered by the SELLER. The BUYER has the right to withdraw before the delivery of the product/products. The SELLER shall receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal, via the transport company with which the SELLER has contracted and at a time (date) to be determined in advance with the SELLER. . The website of the Cargo Company with which the SELLER has contracted as of the date of approval of this Agreement and the form in the package, and the SELLER can be contacted to learn it separately. In the event that the BUYER sends the product/products to be returned via the transport company of his choice, with which the SELLER is not contracted, the shipping cost shall be borne by the BUYER. Company returns are required to issue a return invoice.

8.3. If the BUYER requests a refund for payments made by credit card, he accepts, declares and undertakes that the refund will not be made in cash. In case the right of withdrawal is exercised, the price and shipping costs of the product/products are returned to the BUYER within 14 (fourteen) days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER. Refunds to the credit card are made within the framework of the banks' current refund procedures. In this context, in cases where payment in installments is in question, the refund is made within the framework of the current procedures of the banks. In the event that the SELLER cannot return due to the fact that the BUYER's credit card has been canceled/changed and/or inoperable for any reason, the BUYER is obliged to receive the money by applying to the SELLER in writing, together with the documents received from the relevant bank. In such a case, the BUYER cannot claim any delay loss, interest or similar claims from the SELLER under any name whatsoever.

8.4. The BUYER has to send the product back to the product return address specified in article 1 in order to deliver the goods to the SELLER within 20 days from the date on which he/she made the notification regarding the use of his/her right of withdrawal.

 

ARTICLE 9- CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

9.1. It is not possible to exercise the right of withdrawal regarding the product/products that have gained personal qualities by making modifications, changes or additions on the request of the BUYER prior to the order.

 

ARTICLE 10- APPLICABLE LAW AND RESOLUTION OF DISPUTES

10.1. Turkish Law shall apply in case of any dispute arising from the implementation and interpretation of this Agreement and this Agreement.

10.2. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. 68 of the Law on the Protection of Consumers No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.

 

ARTICLE 11 - STATUS OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed performance of the BUYER's debt.

 

ARTICLE 12 – NOTICES and EVIDENCE AGREEMENT

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER, without prejudice to the right to present additional evidence in disputes that may arise from this Agreement; It accepts, declares and undertakes that the SELLER's official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding and conclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

 

ARTICLE 13 – EFFECTIVENESS

This Agreement consists of 13 (thirteen) articles, has been read by the Parties and approved by the Buyer electronically, and has been concluded and entered into force.

 

SALES PERSON 

BUYER

 

Name/Surname:

{_aliciad_} {_alicisoyad_} 

Date :

{_tarih_}

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