Distance Sales Contract

DISTANCE SALES CONTRACT

 

ARTICLE 1- PARTIES

  • Seller

Commercial title

: ANTEBİ DESİGN TEKSTİL SAN. VE TİC. A.Ş

Tax ID: ÇİĞLİ VD- 0700351139

Adress: A.O.S.B MAH. 10007 SOK. NO20 ÇİĞLİ/İZMİR

Trade Register No: İZMİR-184239

Telephone No: (0232) 328 0973

E-Mail: siparis@antebies.com

Mersis No: 5425591836623650

 

1.2. Buyer

               Name-Surname:

               Adress:

               Telephone No:

               E-Mail:

 

ARTICLE 2- SUBJECT AND SCOPE OF THE CONTRACT

 

This Distance Sales Contract ("Contract") has been arranged in accordance with the Law on the Protection of the Consumer and the Regulation on Distance Contracts. The parties of this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Contract. The subject of this contract is the sale of the goods / services with the qualifications specified in the contract, where the Buyer has electronically ordered for the purchase of the products belonging to the Seller over shop.antebies.com or other domain names linked to the service provided ("Website"). and the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts.

 

ARTICLE 3- SUBJECT OF THE CONTRACT, FUNDAMENTAL QUALITIES AND PRICE OF THE GOODS

3.1. Product type, quantity, brand/model, color and sales price including taxes and delivery information are as follows:

 

Product information

Price per unit

Subtotal (VAT incl.)

Total

 

 

 

 

 

3.2. Payment method and plan: …………………………………………………

3.3. Dispatching will start within two working days following date of oder and will be completed within 7 business days.

3.4. Delivery adress: ………………………………………………………………….

3.5. Delivery persons: …………………………………………………….

3.6. Billing adress: …………………………………………………………………….

 

ARTICLE 4- PRODUCT DELIVERY AND DELIVERY METHOD

The contract has entered into force upon approval by the buyer, and it is fulfilled by the delivery of the goods / service purchased by the Buyer. The goods / services will be delivered to the person (s) at the address specified in this contract and in the order form.

 

ARTICLE 5- SHIPPING COSTS AND DELIVERY

Shipping costs belong to the Buyer. If the Seller declares on the website that the shipping costs will be covered by him, the shipping costs will be borne by the Seller.

Delivery of the goods is made within the promised period after the seller's stock is available and the payment is made. The Seller delivers the goods / service within 30 (thirty) days from the order date, and reserves the right to extend an additional 10 (ten) days by written notification within this period. If, for any reason, the goods / service price is not paid or the payment made is canceled in the bank records, the Seller shall be deemed to be freed from the obligation to deliver the goods / service.

 

ARTICLE 6- STATEMENTS AND OBLIGATIONS OF THE BUYER

6.1. The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the fundamental qualities of the product, the sales price, the payment method and the delivery on the Website, and that she/he has given the necessary confirmation electronically. Buyers may convey their demands and complaints to the above mentioned contact information.

6.2. By confirming this contract and the preliminary information form electronically, the Buyer has confirmed that the address to be given by herself/himself to the Seller before the conclusion of the distance sales contract, the fundamental features of the products ordered, the price of the products including taxes, payment and delivery information are also correct and complete.

6.3. The buyer will examine the goods / services for defects prior to acceptance. If goods/services are accepted from the cargo company despite the goods being damaged, all responsibility lies with the buyer. The goods/service received by the buyer from the cargo company officer will be deemed undamaged and intact. After delivery, the responsibility of the goods /services and damages belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the goods/services to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons, not due to the Buyer's fault, she/he is obliged to return the goods /service to the Seller within 3 (three) days.

 

 

ARTICLE 7- SELLER’S DECLARATION AND OBLIGATIONS

The seller is responsible for delivering the goods/service to the Buyer in accordance with the Consumer Legislation, in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. The seller is obliged to notify the Buyer as soon as possible if the contractual product cannot be delivered within the due time due to force majeure or extraordinary circumstances preventing the shipment. The Seller cannot be held responsible for not accepting the delivery.

 

ARTICLE 8 - RIGHT OF WITHDRAWAL

8.1. The Seller undertakes that the Buyer has the right to withdraw from the contract by refusing the goods or services within 14 (fourteen) days from the date of receipt or signing the contract without any legal or criminal liability and without any justification, and the Seller will take back the goods from the date of receipt of the notice of withdrawal to the Seller. The notification of the right of withdrawal and other notices regarding the contract can be sent to the above mentioned contact information of the Seller.

8.2. In order to use the right of withdrawal, it is mandatory to notify the Seller in accordance with the provisions of the legislation. If the right of withdrawal is exercised:

  1. a) It is mandatory to return the product delivered to the Buyer or to the third party informed by him.
  2. b) The box, packaging, standard accessories, if any, of the products must be returned complete and undamaged within 14 (fourteen) days.

 

The product price is returned to the Buyer within 10 (ten) days following the use of the right of withdrawal and the delivery of the information. While the product is returned to the Seller, the original invoice submitted to the Buyer during product delivery must also be returned. The return shipping costs belongs to the Seller, if the package is sent with the cargo company that the Seller has an agreement with. The return form must be completed and signed by the buyer and sent back with the product.

 

ARTICLE 9- CASES IN WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

The right of withdrawal cannot be used in the following cases:

  1. a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
  2. b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
  3. c) Contracts for the delivery of perishable or expired goods.
  4. d) Contracts of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
  5. e) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
  6. f) Contracts regarding the books, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods
  7. g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
  8. g) Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
  9. h) Contracts for services performed immediately in the electronic environment or for intangible goods delivered immediately to the consumer.
  10. i) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.

 

ARTICLE 10- INFORMATION ABOUT THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL RIGHTS

10.1. First and last name, email address, T.C. Identity number, information on communication channels, address, financial data, etc. may be recorded in written / magnetic archives, stored, used, updated, shared, transmitted and processed in other forms in order to take orders, provide products and services, develop products and services, solve systemic problems, carry out payment transactions, improve marketing activities on orders, products and services, update information of the BUYER, as well as the management and maintenance of memberships and distance sales between the Buyer and the Seller, In order to perform  and other contracts and to ensure that the technical, logistical and similar activities, which are carried out by a third party on behalf of the SELLER. You can access detailed information through the Data Protection Declaration and KVKK Policy.

10.2. According to the current legislation SMS, instant notifications can be sent to the buyer and automatic calls can be made for the purposes of advertising, sales promotion, communication, marketing of all kinds of products and services. Commercial electronic communication can be done by telephone, email / post, fax, or other electronic communication means. The BUYER has accepted the sending of commercial electronic messages. He has been informed that he can withdraw this assumption at any time.

10.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website are taken within the scope of the current technical possibilities in the system infrastructure of the Seller, according to the nature of the information and transaction. However, since the information in question is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.

10.4. Regarding all kinds of information and content of the Website and their arrangement, revision and partial / full use; Except for those belonging to other third parties according to the SELLER's agreement intellectual and industrial rights and property rights belong to Antebies.

10.5. The privacy-security policies and terms of use of the other sites that can be accessed from the Website are valid, the SELLER is not responsible for any disputes and negative consequences that may ocur from that.

 

ARTICLE 11- PRICE OF GOODS / SERVICES

The cash, deferred and down payment prices of the goods / services are included in the order form. After the order is completed, the sample invoice sent by mail and the invoice sent to the customer together with the product contains the current price. Discounts and coupons made by the seller are reflected in the sales price and invoice.

 

ARTICLE 12- DEFAULT STATE AND LEGAL RESULTS

If the buyer goes into default in his transactions with his credit card, the cardholder will pay interest and 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; The Seller may request the costs and the attorney's fee from the Buyer, and in any case, in the event that the Buyer goes into default due to the debt, the Buyer agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.

 

ARTICLE 13- NOTIFICATIONS AND EVIDENTIAL CONTRACT

All kinds of correspondence between the Parties under this Contract will be made via E-Mail, except for the obligatory cases listed in the Law. In the event of disputes that may arise from this Agreement, the Buyer accepts, declares and undertakes that it is of natüre that the Seller's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, conclusive and exclusive evidence, and the evidential contract within the meaning of Article 193 of the Code of Civil Procedure Law.

 

ARTICLE 14- RESOLUTION OF DISPUTES

Consumers, who have problems with the Seller and the Seller cannot solve the problem, may apply to the Consumer Problems Arbitration Committee in the place where they purchased the product or where they are domiciled, for complaints and appeals related to the transactions up to the amount of the Consumer Arbitration Committee; In case of complaints and appeals related to transactions with a product price above this amount, they will be able to make their applications to the Consumer Court in the place where they purchased the product or where their residence is located.

ARTICLE 15- ENTRY INTO FORCE

This Agreement, which consists of 15 (fifteen) articles, has been read by the Parties, approved by the Buyer in electronic form and entered into force immediately.