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DISTANCE SALES AGREEMENT

 

  1. PARTIES

This Distance Sales Agreement ("Agreement") has been entered into between the parties below under the provisions and conditions specified below.

  1. ‘BUYER’; (hereinafter referred to as the "BUYER" in the contract)

FULL NAME:

ADDRESS:

  1. 'SELLER'; (hereinafter referred to as "NITA TASARIM TEKSTIL DIS TICARET ANONIM SIRKETI" in the contract)

By accepting this agreement, the buyer acknowledges that, upon confirming the order subject to the contract, they assume the obligation to pay the product price, shipping fee, and other specified additional charges such as taxes. The buyer acknowledges that they have been informed of this obligation.

  1. DEFINITIONS

In the application and interpretation of this agreement, the terms written below will express the explanations corresponding to them.

MINISTER: Minister of Customs and Trade

MINISTRY: Ministry of Customs and Trade

LAW: Law No. 6502 on Consumer Protection

REGULATION: Regulation on Distance Contracts (Official Gazette: 27/11/2014, No: 29188)

SERVICE: Every kind of consumer transaction, other than providing goods for a fee or benefit

SELLER: Real or legal person acting on behalf of or on behalf of the person providing goods to the consumer for commercial or professional purposes, including public legal entities

PROVIDER: Real or legal person acting on behalf of or on behalf of the person providing services to the consumer for commercial or professional purposes, including public legal entities

BUYER: Real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes

SITE: Seller's website

ORDERING PARTY: Real or legal person requesting a good or service from the seller's website

PARTIES: Seller and buyer

DISTANCE CONTRACT: Contracts established between the seller or provider and the consumer within the framework of a system created for the remote marketing of goods or services, including the use of remote communication tools from the moment the contract is created and even the moment it is created

ANCILLARY AGREEMENT: A contract related to the sale or provision of goods or services provided to the consumer in addition to a distance contract by the seller, provider, or a third party

GOODS: Tangible movable property and immaterial goods such as software, sound, image, and similar prepared for use in electronic media

PERMANENT DATA STORAGE DEVICE: Any means or medium that allows the information sent by the consumer or sent to the consumer to be recorded in a way that allows it to be examined for a reasonable period in accordance with its purpose and allows the information to be copied without modification, including but not limited to short message, email, internet, disk, CD, DVD, memory card, and similar tools or media.

  1. SUBJECT
    • This Agreement regulates the rights and obligations of the parties in relation to the sale and delivery of the product with the characteristics and sales price specified below, which the buyer orders electronically through the seller's website, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
    • The listed prices on the site are the sales prices. The announced prices and promises are valid until an update is made or changed.

 

  1. SELLER INFORMATION

Seller Name/Title: Nita Tasarım Tekstil Dış Ticaret Anonim Şirketi

Address: Maslak Mahallesi Maslak Meydan Sokak Beybi Gız Plaza A Blok No:1/55 Sarıyer/İSTANBUL

Phone: 0212 970 21 91

E-mail: [email protected]

Website: www.valnue.com

MERSİS No: 0631-1891-9900-0001

TAX OFFICE: MASLAK 631 189 1990

 

  1. RECIPIENT INFORMATION

Recipient Name:

Delivery Address:

Phone:

Fax:

Email/Username:

 

  1. ORDERING PERSON INFORMATION

Name/Surname/Title:

Address:

Phone:

Fax:

Email/Username:

  1. CONTRACT SUBJECT PRODUCT/PRODUCT INFORMATION
    • The basic features of the product(s) or service (type, quantity, brand/model, color, etc.) are published on the seller's website.
    • If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
    • The listed prices on the website are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
    • The total sales price, including all taxes, of the subject of the contract is shown on the website.
    • Product Description Unit Price Quantity Subtotal (Including VAT):

Shipping Cost:

Grand Total:

Delivery Address:

Recipient:

Billing Address:

Order Date:

Delivery Date:

Delivery Method:

 

  • Shipping cost, which is the shipment expense, will be paid by the buyer, and shipping is free for purchases over €300.

 

  1. INVOICE INFORMATION

Name/Surname/Title:

Address:

Phone:

Fax:

Email/Username:

Invoice delivery: The invoice will be delivered to the invoice address during the order delivery, and it will also be sent by email upon request.

  1. PAYMENT AND DELIVERY CONDITIONS

Total Product Price Excluding Shipping:

Shipping Fee:

Installment Difference:

Total Order Amount:

Order Date:

Payment Method and Plan:

Delivery Conditions will be applied as specified on the product page.

Delivery Conditions: To be Received by the Buyer

Persons to Receive the Delivery:

  1. GENERAL PROVISIONS
    • The Buyer acknowledges, declares, and undertakes that they have read and are informed about the essential qualities of the product, the sales price, payment method, and preliminary information about delivery on the Seller's website, and has provided the necessary confirmation in electronic form.
    • The Buyer, by confirming the Preliminary Information electronically, acknowledges, declares, and undertakes that they have accurately and completely acquired the address to be provided by the Seller before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and payment and delivery information.
    • 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, not exceeding the legal period of 30 days, depending on the distance of the Buyer's place of order. In case the product cannot be delivered to the Buyer within this period, the Buyer has the right to terminate the contract.
    • The Seller agrees, declares, and undertakes to deliver the subject of the contract without any defects, in accordance with the specified qualifications in the order, and, if any, with warranty documents, usage manuals, necessary information, and documents related to the job, in compliance with the legal requirements, and to perform the work with accuracy and honesty, maintain and improve the quality of service, and act with care and foresight during the performance of the work, excluding any defects according to legal regulations.
    • The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
    • If the Seller cannot fulfill the contractual obligations due to the impossibility of delivering the ordered product or service, the Seller agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total price to the Buyer within a period of 14 days.
    • The Buyer agrees, declares, and undertakes that they will confirm this Contract electronically for the delivery of the ordered product, and in case the price of the contracted product is not paid for any reason and/or canceled in the bank records, the Seller's obligation to deliver the contracted product will cease.
    • In case the Seller cannot deliver the contracted product within the specified period due to force majeure events that occur beyond the will of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties' obligations, the Seller agrees, declares, and undertakes to notify the Buyer of the situation. The Buyer also has the right to request the cancellation of the order, replacement of the contracted product with its equivalent, if any, and/or the postponement of the delivery period until the obstacle is eliminated from the Seller. In the event of the cancellation of the order by the Buyer, in case of cash payments made by the Buyer, the product amount is refunded to the Buyer in cash and in full within 14 days. In the case of payments made by the Buyer with a credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the Buyer. The Buyer acknowledges that the average process for the refund to be reflected in the Buyer's account by the bank after being returned to the credit card by the Seller may take between 2 to 3 weeks. The Buyer further acknowledges that the timing of the refund appearing in their accounts is entirely related to the bank's transaction process, and the Buyer cannot hold the Seller responsible for any potential delays.
    • The Seller has the right to contact the Buyer through mail, e-mail, SMS, phone calls, and other means of communication for communication, marketing, notifications, and other purposes using the address, e-mail address, fixed and mobile phone numbers, and other contact information specified in the registration form on the website or subsequently updated by the Buyer. By accepting this agreement, the Buyer acknowledges and declares that the Seller may engage in the communication activities mentioned above.
    • The Buyer will inspect the goods/services before accepting delivery; the Buyer will not accept damaged or defective goods/services, such as dented, broken, torn packaging, etc., from the courier company. The received goods/services will be deemed undamaged and intact. After delivery, the obligation to protect the goods/services with care lies with the Buyer. If the right of withdrawal is to be exercised, the goods/services should not be used, and protective tapes should not be removed. Cancellation can be made on the same day of the order. There is no return or exchange for thongs, briefs and bodysuits. All invoices and other equivalent documents must be returned.
    • The Buyer declares and undertakes that the personal and other miscellaneous information provided when registering on the Seller's website is accurate and agrees to immediately, in cash and at once, compensate for all damages that the Seller may suffer due to the inaccuracies in this information upon the first notification.
    • The Buyer undertakes to comply with the legal regulations when using the website of the Seller and to not violate them from the beginning. Otherwise, the Buyer will be solely and exclusively responsible for all legal and criminal liabilities that may arise.
    • The Buyer cannot use the Seller's website in any way that disrupts public order, violates general morality, disturbs and harasses others, or for an illegal purpose that infringes on the material and spiritual rights of others. Additionally, the Buyer cannot engage in activities that prevent or hinder others from using the services (spam, viruses, trojan horses, etc.).
    • Links to other websites and/or content owned and/or operated by third parties not under the control of the Seller may be provided through the Seller's website. These links are provided for the convenience of the Buyer and do not imply endorsement of any website or the person operating that site, and they do not constitute any warranty regarding the information contained on the linked website.
    • The member who violates one or more of the articles listed in this agreement shall be personally responsible for the legal and criminal consequences of such violation. In addition, in the event of the incident being brought into the legal domain due to this violation, the Seller reserves the right to claim compensation from the member for failure to comply with the membership agreement.
    • Orders dispatched to the courier cannot be canceled during the delivery process.
    • The buyer can return orders dispatched to the courier by handing over the package to the shipping company without opening the product box.

 

  1. WITHDRAWAL (RETURN) RIGHT
  • This Agreement has been signed between the parties under the terms and conditions specified below. In accordance with Article 48/4 of the Consumer Protection Law; the consumer has the right to withdraw from contracts without specifying any reason and without paying any penalty. The right of withdrawal terminates the contractual relationship with a unilateral declaration of will.
  • The consumer can exercise the right of withdrawal without specifying any reason and without paying any penalty within 14 days.
  • In the event of exercising the right of withdrawal, related ancillary contracts are also terminated automatically, and the buyer is not obliged to pay any expenses, compensation, or penalties.
  • The withdrawal period for service contracts begins on the day the contract is concluded; for contracts for the delivery of goods, it begins on the day the consumer or the third party designated by the consumer receives the goods. However, the consumer can exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.
  • In determining the withdrawal period:
  1. a) For single-item contracts delivered separately, the day the consumer or the third party designated by the consumer receives the last item,
  2. b) For multi-part items, the day the consumer or the third party designated by the consumer receives the last part,
  3. c) For contracts where goods are regularly delivered over a specific period, the day the consumer or the third party designated by the consumer receives the first item is considered as the starting point.
  • In contracts where the delivery of goods and the provision of services are performed together, the provisions regarding the right of withdrawal for the delivery of goods are applied.
  • The delivery of goods to the carrier is not considered as delivery to the consumer.
  • Notification of the exercise of the right of withdrawal is sufficient if it is made in writing or in a durable medium to the Seller before the expiration of the withdrawal period.
  • In exercising the right of withdrawal, the consumer can use the form available on our website or make an explicit statement declaring the decision to withdraw.
  • In case the right of withdrawal offered to consumers on the website is exercised, the Seller immediately communicates to the consumer the confirmation information that the withdrawal request has been received.
  • The burden of proof for the exercise of the right of withdrawal shall be borne by the consumer.
  • The Seller shall refund all payments received, including the costs of delivering the goods to the consumer, within fourteen days from the date on which the notification of the consumer's exercise of the right of withdrawal is received, provided that the goods are returned.
  • In the case of orders received by the consumer or a third party on behalf of the consumer, products with opened protective elements such as packaging, tape, seal, package cannot be returned due to health and hygiene reasons.

The clear address for submitting the withdrawal notice is Maslak Mahallesi Maslak Meydan Sokak Beybi Gız Plaza A Blok No:1/55 Sarıyer/İSTANBUL. The email address for submitting the withdrawal notice is [email protected], which is also indicated on the website.

 

 

 

 

SAMPLE CANCELLATION FORM FOR RETURNS

 (This form is to be filled out and sent only if you wish to exercise your right of withdrawal from the contract.)

If the right of withdrawal is to be exercised, the goods/services should not be used, and protective tapes should not be removed. There is no return or exchange for thongs, briefs, boxers and bodysuits

-To: (To be filled by the Seller or Provider, including the name, title, address, and, if available, fax number and email address)

 

-With this form, I declare that I am exercising my right of withdrawal from the contract for the sale of the following goods or services.

 

 

 

 

 

-Order date or delivery date:

 

 

 

 

 

-The goods or services subject to the right of withdrawal:

 

 

 

 

 

-The price of the goods or services subject to the right of withdrawal:

 

 

 

 

 

-Consumer's name and surname:

 

 

 

 

 

-Consumer's address:

 

 

 

 

 

-Consumer's signature: (Only if sent on paper)

 

 

 

 

 

-Date:

 

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