Distance Sales Contract

  1. PARTIES

This Distance Selling Agreement (“ Agreement ”) has been signed electronically between the Seller and the Buyer, whose information is provided below. The parties accept, declare and undertake that they have read this Agreement in its entirety, fully understood its content and approved all its provisions.

SALES PERSON:

Seller's Name: SMARANA TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Seller's Full Address: Harbiye District Atiye Street Genc Apartment No:1 Flat:6 Sisli/Istanbul
Seller Mersis Number: 772135845900001

Seller's Email Address: destek@smaranaatelier.com

BUYER:
 Recipient's Name/Surname:
Recipient's Address:
Buyer's Phone:
Recipient's Email Address:

  1. ESTABLISHMENT OF THE CONTRACT
  • THE BUYER ACCEPT THAT HE HAS READ THE CONTRACT, UNDERSTAND IT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
  • THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE ACTIONS AGREED IN THE CONTRACT, THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB, AND THAT THEY DO NOT HAVE ANY LACK OF EXPERIENCE WITH REGARDS TO THE TRANSACTIONS WITHIN THE SCOPE OF THE CONTRACT.
  • THE BUYER ACCEPT THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.
  • THE PARTIES AGREE THAT THE CONTRACT PROVISIONS DO NOT CONSTITUTE AN UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
  • THE PROVISIONS OF THIS AGREEMENT DO NOT INCLUDE ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRARY TO THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMER.
  • THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT HAVE ANY NATURE THAT IS FOREIGN (CONFUSING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICATIONS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.
  1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Buyer ordered electronically through the website www.smaranaatelier.com (“Site”) belonging to the Seller.

  1. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT

The basic characteristics, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product Code and Name Piece Unit Price (VAT included) Shipping Fee Discount / Coupon Total Price (VAT included)
[…] […] […] […] […] […]

 

PAYMENT AND DELIVERY CONDITIONS

Total product price excluding shipping:

Shipping Fee:

Total product price including shipping and all taxes:

Payment Method:

Number of Installments:

Received Maturity Difference:

Interest rate used in the maturity difference calculation:

Additional costs to be paid by the Buyer:

Delivery Address:

Person to be Delivered:

The total product price stated above is collected from the Buyer by SMARANA TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ.

  1. DELIVERY

The product/products subject to the contract shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer within this 30 (thirty) day period, depending on the distance of the Buyer's delivery address for each product, provided that it does not exceed the legal period of 30 (thirty) days following the delivery of the order to the Seller.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, it is a condition that this Agreement and the Preliminary Information Form have been confirmed electronically by the Buyer and the price of the product(s) has been paid in full and in full using the payment method preferred by the Buyer. If for any reason the price of the product is not paid, is paid in full or the payment is cancelled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the product.

In cases where the fulfillment of the ordered goods or services becomes impossible, the Seller shall notify the Buyer in writing or via a permanent data provider within 3 (three) days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days from the date of notification.

  1. REPRESENTATIONS AND COMMITMENTS OF THE BUYER

The Buyer accepts, declares and undertakes that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, delivery and cargo cost of the goods or services subject to the Agreement on the Site, that he/she has given the necessary confirmation electronically and that he/she is aware that he/she has entered into the PAYMENT OBLIGATION by confirming the order on the Site.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered goods or services, price of the goods or services including taxes, payment and delivery and delivery price information that should be given to the Buyer by the Seller before the conclusion of distance contracts, correctly and completely.

If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.

If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.

  1. SELLER'S REPRESENTATIONS AND WARRANTIES

The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any, in accordance with consumer legislation.

The Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract, provided that it has a justified reason and informs the Buyer and obtains his/her express approval.

  1. BUYER'S RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal, without assuming any legal or criminal liability and without giving any justification, within 14 (fourteen) days from the date the Buyer or a third party designated by the Buyer receives the goods in contracts related to the delivery of goods, and within 14 (fourteen) days from the date the contract is established in contracts related to the performance of services. The Buyer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.

The Buyer may exercise his/her right of withdrawal by filling out the withdrawal form delivered to him/her together with the order or by sending it to the Seller with a clear statement stating his/her decision of withdrawal. The form or the clear withdrawal statement in question must be sent to the Seller in writing or via a permanent data provider before the expiration of the right of withdrawal period. The contact information of the Seller to whom the withdrawal notification can be made is as follows:

Full Address: Harbiye District Atiye Street Genc Apartment No:1 Flat:6 Sisli/Istanbul

Email: support@smaranaatelier.com

The Seller shall refund to the Buyer all payments made by the Buyer to the Seller for the relevant goods or services, including the delivery costs of the goods to the Buyer, if any, in a single payment in accordance with the payment instrument used during purchase and without imposing any cost or liability on the consumer, within 14 (fourteen) days from the date of receipt of the notification that the Buyer has exercised his/her right of withdrawal.

In case the Buyer exercises his right of withdrawal, the cargo company that will take back the product as stipulated by the Seller is ARAS KARGO. In case the right of withdrawal is exercised, if the product is sent back through the cargo company specified herein, the Buyer shall not be held responsible for the costs related to the return. In case the Buyer sends the product to be returned with a cargo company other than the contracted cargo company of the Seller specified in this Agreement, the Seller shall not be responsible for the return cargo costs and damages that the product may suffer during the cargo process.

The Buyer must return the goods to the Seller within 10 (ten) days from the date of notification of exercising the right of withdrawal. The invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods must be returned to the Seller together with the goods to be returned, complete and undamaged. The Buyer must use the goods in accordance with their operation, technical specifications and instructions for use within the withdrawal period, otherwise he/she is responsible for any changes and deteriorations in the goods.

  1. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The Buyer accepts, declares and undertakes that he/she is aware that he/she cannot exercise his/her right of withdrawal in the following cases:

  1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller or provider.
  2. Contracts for goods prepared in line with the consumer's wishes or personal needs.
  3. Contracts for the delivery of goods that are perishable or subject to expiry.
  4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
  5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
  6. Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
  7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
  8. Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes.
  9. Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
  10. Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.

 

  1. SELLER'S RESOLUTION METHOD FOR COMPLAINTS

The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller's contact addresses specified under the Parties heading above). If the complaint is submitted, the Seller will provide all possible support to resolve the problem.

  1. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

In the event that the Buyer defaults in transactions made with a credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action and request the costs and attorney fees from the Buyer. In any case, in the event of the Buyer defaulting, the Buyer will be liable for all kinds of damages and losses suffered by the Seller.

  1. INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones used in the designs of the products manufactured by the Seller, and all kinds of graphic designs, illustrations, drawings, designs and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

All intellectual and industrial rights and property rights regarding all kinds of information and content on the Site and their arrangement, revision and partial/full use; except those belonging to other third parties according to the Seller's agreement; belong to the Seller. All, part of the product/products purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, made subject to derivative works, transferred or sold. The Buyer accepts and undertakes that it will not use the product it purchased with this Agreement for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liabilities that may arise belong to the Buyer, and the Seller reserves all rights to claim compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities.

  1. DISPUTE RESOLUTION

In case of disputes arising from the contract, applications may be made to the Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or where the Buyer resides, up to the value declared by the Ministry of Customs and Trade each year, and to the Consumer Courts for disputes above the said value.

  1. FORCE

This Agreement has been concluded and entered into force by being approved electronically by the Buyer on […]. Transactions made through the Site are considered as declarations of intent binding the parties in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.

The text of this Agreement will be sent to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for a period of 3 (three) years. If the Buyer wishes, destek@smaranaatelier.com The Seller may request access to a copy of this Agreement by submitting a request to the e-mail address provided by the Seller.

SALES PERSON

SMARANA TEXTILE INDUSTRY AND TRADE LTD. ŞTİ.

 BUYER

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