Distance Sales Agreement
1. Parties to the Contract:
1.1. About the Seller:
| Trade Name: Hatun İstanbul İç ve Dış Ticaret Ltd. Şti. |
| Tax Office – Tax ID: Davutpaşa Tax Office – 4590336974 |
| Address: Merkezefendi Mah. Mevlana Cad. No:112/1 Zeytinburnu/İstanbul |
| Phone: 0(212) 546 11 37 |
| Email: info@hatunistanbul.com |
1.2. About the Buyer:
| Name-Surname / Title: |
| Address: |
| Turkish ID No: |
| Phone: |
| Email: |
2. Definitions:
Website: Refers to the Website consisting of the domain name www.hatunistanbul.com and its subdomains.
Buyer: Refers to the user who purchases products offered for sale by the Seller using the services provided on the Website.
Seller: Is a sole proprietorship that offers goods and/or services to consumers within the scope of its commercial or professional activities, or acts on behalf or account of the provider of goods.
Product: Refers to all kinds of goods and/or services offered for sale by the Seller on the Website.
User: Refers to all natural and legal persons, whether members or not, who are eligible to use their civil rights to benefit from the content, applications, and services on the Website by accepting the terms of the Contract.
3. Subject and Scope of the Contract:
The subject of this Distance Sales Contract ("Contract") is the determination of all preliminary information regarding the products offered on the Website, the order conditions for the products in electronic environment, the basic characteristics of the goods/services subject to sale (sale price, payment method, delivery conditions, etc.), and the right of withdrawal, as well as the rights and obligations of the parties.
This Distance Sales Contract has been prepared in accordance with the Law No. 6502 on Consumer Protection ("Law") and the Regulation on Distance Contracts. The parties to this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Contract.
This Distance Sales Contract ("Contract") has been arranged between the buyer who accesses and/or becomes a member of the Website, and the Buyer who accesses and/or becomes a member of the Website accepts and declares that they have read the entire Contract, understood its content completely, and approved all its provisions.
4. Membership Conditions
Membership is completed by the person who wants to become a user submitting the necessary identity information for membership to the Website through the relevant section of the Website and the Seller approving the registration process. Membership is optional, and non-member users can also place orders through the Website.
5. Order / Delivery Method / Payment Procedure:
The Contract comes into force upon electronic approval by the Buyer and is fulfilled upon delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and to the specified authorized person/persons.
Delivery of the ordered goods to the cargo company is made within 3 (three) working days after payment is made, provided that the ordered goods are in stock. If an error is found in the stock status of the product, and the delivery time to the cargo company will be extended, the Buyer will be notified in writing.
The Seller shall deliver the goods or services within 30 (thirty) days from the date the goods or services were ordered by the Buyer, reserving the right for cases where the performance of the order for goods or services becomes impossible (force majeure). The party affected by force majeure shall immediately notify the other party in writing. During the continuation of force majeure, no liability shall arise from the parties' inability to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.
The detailed specifications of the Product and the sales price including all taxes ("Total Sales Price") are as stated on the Website page.
Any disruption in the process or problems that may arise with the credit card will be notified to the buyer using one or more of the telephone/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact their bank. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection from the credit card account is made or when the money transfer (EFT) is determined to have reached the seller's accounts.
For buyers who do not want to use credit card information online, cash transfer order options have been offered. For payment by money order, the buyer can choose the most suitable bank and make the transfer. If an EFT has been made, the date of credit to the account will be taken into consideration. When making a money order and/or EFT, the "Sender Information" must be the same as the Invoice Information, and the order information must also be sent to the seller via email.
If the Buyer has chosen to pay by credit card, the Buyer accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the Buyer in accordance with the current legislation (the Seller has no responsibility in this regard).
6. Delivery Costs and Performance
Unless otherwise stated, delivery costs for the goods belong to the Buyer. If the Seller specifically declares on the Website that the delivery fee will be covered by them, the delivery costs will belong to the Seller.
If the goods are defective, as long as the Buyer sends the goods to be returned to the Seller via the contracted cargo company (Aras Kargo), the return shipping cost belongs to the Seller. If the Buyer performs a return process for a reason other than the goods being defective, the return shipping cost belongs to the Buyer. The Seller is not responsible for any damage the goods may incur during the shipping process if the Buyer sends the cargo via a contracted cargo company. If the Buyer sends the goods to be returned via a cargo company other than the Seller's contracted cargo company, the Seller is not responsible for the return shipping cost and any damage the goods may incur during the shipping process.
If for any reason the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller is deemed to have been released from the obligation to deliver the goods or services.
In case of order cancellations made by the Buyer after the goods have been shipped by the Seller but before they are received by the Buyer (subject to the provisions in the "Return and Right of Withdrawal" section of this contract), the Buyer is responsible for the shipping cost.
In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date they learn of this situation and shall refund all collected payments, including delivery costs if any, within a maximum of 14 (fourteen) days from the date of notification.
7. Return and Right of Withdrawal:
The Buyer may exercise their right of withdrawal within 14 (fourteen) days after receiving the goods, unless one of the exceptions to the right of withdrawal specified in Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts exists.
To exercise the right of withdrawal, it is mandatory to notify the Seller in accordance with the provisions of the legislation within this period. In case the right of withdrawal is exercised:
a) The product delivered to the Buyer or the third party specified by the Buyer whose information is provided above must be returned.
b) The box, packaging, standard accessories if any, and other products gifted with the product, if any, of the products to be returned within 14 (fourteen) days must be delivered completely and undamaged.
c) The product price will be refunded to the Buyer in the same way it was paid, within 14 (fourteen) days following the exercise of the right of withdrawal and the receipt of the notification.
d) When returning the product to the Seller, the original invoice presented to the Buyer during product delivery must also be returned. As long as the Buyer sends the defective goods to the Seller via the contracted cargo company (Aras Kargo), the return shipping cost belongs to the Seller. If the Buyer returns the goods for a reason other than the goods being defective, the return shipping cost belongs to the Buyer. The return section of the invoice to be returned with the product must be filled out and signed by the Buyer.
e) The period for the right of withdrawal begins from the day the goods are delivered to the buyer.
f) In cases where any opening, deterioration, breakage, damage, tearing, use, and similar situations are detected in the product and its packaging, which were received by mistake, and if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and its price will not be refunded.
8. Rights and Obligations:
8.1. Rights and Obligations of Website Users and/or Buyers
The security, storage, keeping away from third-party knowledge, and use of access tools (username, password, etc.) that Users use to benefit from the services offered are entirely the responsibility of the users. The Seller shall not be held directly or indirectly responsible for any damages incurred or that may be incurred by Users and/or third parties due to any negligence or fault of the Users in matters such as the security, storage, keeping away from third-party knowledge, and use of system access tools.
Users accept, declare, and undertake that the information and content they provide within the Website are correct and lawful. The Seller is not obliged or responsible for investigating the accuracy of the information and content transmitted by users via the Website or uploaded, modified, or provided by them via the Website, nor for guaranteeing that this information and content is secure, accurate, and lawful, nor can it be held responsible for any damages arising from such information and content being incorrect or erroneous.
Those who benefit from the services offered by the Website and those who use the Website can only perform transactions on the Website for lawful purposes. The legal and criminal responsibility for every transaction and action made by Users within the Website belongs to them. Each User accepts, declares, and undertakes that they will not reproduce, copy, distribute, process, make derivative works from, or prepare the images, texts, visual and audio images, video clips, files, databases, catalogs, and lists on the Website, or allow others to access or use the Website, in a way that constitutes a violation of the material or personal rights or property of a third party, and that they will not directly and/or indirectly compete with the Website through these actions or by other means. The Website cannot be held directly and/or indirectly responsible in any way for damages incurred or that may be incurred by third parties due to illegal activities carried out by Users on the Website.
Users accept, declare, and undertake that they will not engage in behavior that manipulates the operation of the Website, otherwise they will compensate for any damages incurred by the Website.
The Buyer cannot transfer the rights and obligations under this Contract, in whole or in part, to any third party without the written consent of the Seller.
All confirmations/acceptances given electronically by the Buyer within the scope of this Contract shall be considered "written approval" if necessary.
The Buyer accepts, declares, and undertakes that they have knowledge of the basic characteristics of the Product, the total sales price, the payment method, and all preliminary information about the Product, including the "right of withdrawal," and that they accept the terms, and that they have made the payment for the Product after approving this information electronically.
The Buyer should not receive damaged and defective Goods/Services, such as those that are destroyed, broken, or have torn packaging, from the cargo company by inspecting them before receiving the Goods/Services subject to the Contract. If they do so, the responsibility lies entirely with them. Goods/Services received from the cargo company official by the Buyer will be deemed to be undamaged and sound. After delivery, the responsibility for the Goods/Services and any damage lies with the Buyer.
If, after the delivery of the Goods/Services, the Buyer's credit card is used unfairly or unlawfully by unauthorized persons for a reason not attributable to the Buyer's fault, and the relevant bank or financial institution does not pay the price of the Goods/Services to the Seller, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to them. In this case, the delivery costs belong to the Buyer.
The Buyer accepts and undertakes not to damage the product and its packaging in any way if they wish to return the product, and to return the original invoice and delivery note at the time of return.
In cases where the goods subject to the contract cannot be supplied and/or a stock problem is encountered, the Buyer will be immediately and clearly informed, and if they give their consent, another good of equal quality and price can be sent to the Buyer, or according to the buyer's desire and choice; a new product can be sent, the product's entry into stock or the removal of other obstacles to delivery can be awaited, and/or the order can be canceled.
The Buyer accepts and undertakes that they will not produce, reproduce, or offer for sale products by copying the content, nature, essence, name, etc. of the product they purchased.
8.2. Rights and Obligations of the Seller:
The Seller is not responsible for price update errors arising from technical reasons; sales made during such an error are invalid.
The Seller accepts, declares, and undertakes to fully and completely fulfill the supply and delivery of the Product to the Buyer in accordance with the provisions of this Contract.
The Seller reserves the right to change the Services and content offered on the Website at any time.
9. Force Majeure:
In all cases legally considered "force majeure," the Seller is not obligated due to late or incomplete performance or non-performance of any of these User contracts and negotiations. In such cases, delay, incomplete performance, non-performance, or default will not be attributed to the Seller, and no compensation can be claimed from the Seller under any name for this. "Force majeure" will be interpreted as an unavoidable event beyond the reasonable control of the relevant party, which could not be prevented despite due diligence, including but not limited to natural disaster, riot, war, epidemic, strike, communication systems, infrastructure and internet failures, system improvement or renovation works and resulting failures, power outage, and bad weather conditions.
10. Intellectual Property Rights:
Users and/or Buyers may not resell, share, distribute, display, reproduce, create or prepare derivative works from the services offered through the Website, which are subject to the Seller's copyrights, or allow others to access or use the Website; otherwise, they will be responsible for compensating the Seller for the amount of damages claimed by third parties, including but not limited to licensors, and for all other liabilities, including but not limited to court costs and attorney fees.
Users and Buyers accept, declare, and undertake not to violate any Intellectual and Industrial Property Rights belonging to other Users on the Website.
11. Contract Amendments:
The Seller may unilaterally amend this Contract at any time it deems appropriate, by announcing it on the Website, in view of changing circumstances. The amended provisions of this Contract shall become effective on the date they are announced; the remaining provisions shall remain in force and continue to produce their terms and effects.
12. Effectiveness:
All articles of this Contract have been read and accepted by the Buyer and the Seller, and this Contract has come into force as of the date it was approved electronically by the Buyer.
13. Applicable Law and Authorized Court
Turkish Law shall apply in the application, interpretation, and management of legal relations arising within the provisions of this Contract. The Bakırköy Courts and Enforcement Offices are authorized to resolve any disputes arising or that may arise from this Contract.