DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
SELLER
Business Title Habby Accessories, Fevzi Çakmak Mahallesi Osmangazi Caddesi 2088. Sokak No:9 Ground Floor, 34200 Bağcılar/Istanbul
Phone: 0850 532 13 31
E-mail: info@habbyaccessories.com
BUYER
Name – Surname: [invoice-name] [invoice-company]
Address: [invoice-address]
Phone: [phone]
E-mail: [email]
Tax Office: [tax-office]
Tax Number: [tax-number]
ARTICLE 2 – SUBJECT and SCOPE OF THE AGREEMENT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette No. 27866, regarding the sale and delivery of goods/services with the characteristics specified in the agreement, which the Buyer electronically orders from the Seller, Habby Accessories, Fevzi Çakmak Mahallesi Osmangazi Caddesi 2088. Sokak No:9 Zemin Kat, 34200 Bağcılar/Istanbul, via https://www.habbyaccessories.com/ (“Website”).
The Buyer acknowledges and declares that he/she has been informed by the Seller of the name, title, address, telephone and other contact information, basic characteristics of the subject of the sale, including taxes, the sale price, payment method, delivery conditions and expenses, the right to “withdraw” and how to use this right, the official authorities to which complaints and objections can be made etc. in a clear, understandable and appropriate manner for the internet environment (e-commerce website), and confirms these pre-information electronically and then orders the goods. The pre-information on the https://www.habbyaccessories.com/ website and the invoice issued based on the order of the Buyer are integral parts of this agreement.
ARTICLE 3 – BASIC CHARACTERISTICS and PRICE OF THE SUBJECT OF THE AGREEMENT
The type, quantity, brand/model, color and sales price including taxes and delivery information of the Product/Products are as follows:
Product(s):
[product-list]
Cart Amount: [cart-amount]
Shipping Amount: [shipping-amount]
Coupon Amount: [coupon-amount]
Tax Amount: [tax-amount]
Total Sale Amount: [total-amount]-₺
Payment Method: [payment-method]
Delivery Information: [shipping-name] [shipping-company]
Phone Number: [phone]
Email Address: [email]
Invoice Information: [tc-identification-no] [invoice-name] [invoice-company] [invoice-address]
The shipment will begin within three (3) business days of the order being placed. The shipment will be completed within seven (7) business days.
ARTICLE 4 – DELIVERY AND METHOD OF DELIVERY
The contract shall be deemed to have entered into force upon approval by the Buyer, and shall be fulfilled by the delivery of the Goods/Services purchased by the Buyer from the Seller to the person/persons indicated in the Buyer’s order form and in this contract at the address specified.
Any situations that occur, which are not currently foreseen or that are beyond the control of the parties and which arise and make it impossible or difficult for one or both parties to fulfill their obligations and responsibilities under the contract, shall be considered as an irresistible force (natural disaster, war, terrorism, rebellion, changes in legislation, seizure or strike, lockout, significant breakdowns in production and communication facilities, etc.). The party in whose name the irresistible force occurs shall immediately notify the other party in writing of the situation.
No liability shall arise from the parties’ inability to fulfill their obligations during the continuation of the irresistible force. If this irresistible force continues for 30 (thirty) days, each party shall have the right to terminate the contract unilaterally.
ARTICLE 5 – DELIVERY COSTS AND EXECUTION
The delivery costs of the goods/services belong to the Buyer. If the Seller has stated on their website that the delivery fee will be covered by them, the delivery costs will belong to the Seller. The delivery of the goods will be made within the promised time after the availability of the Seller’s stock and the payment is made. The Seller will deliver the goods/services within 30 (thirty) days from the date of ordering by the Buyer and reserves the right to extend this period by an additional 10 (ten) days by written notice. If for any reason the Buyer does not pay for the goods/services or the payment is cancelled in the bank records, the Seller will be considered to be released from the obligation of delivering the goods/services. In areas where the carrier company makes deliveries once a week, there may be deviation from the specified time in cases of errors or omissions in the shipping information, as well as certain social events and natural disasters. The Buyer cannot hold the Seller responsible for such deviations. If the product is to be delivered to another person/organization other than the Buyer, the Seller shall not be liable for any extra shipping costs arising from the refusal of the person/organization to accept the delivery, errors or omissions in the shipping information, or the absence of the Buyer. If the product/products do not reach the customer within the specified days, delivery problems must be immediately reported to the customer service at info@habbyaccessories.com, or by mail to Habby Accessories, Fevzi Çakmak Mahallesi Osmangazi Caddesi 2088. Sokak No:9 Zemin Kat, 34200 Bağcılar/İstanbul. In case of damaged package; Damaged packages must be recorded by making a protocol with the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the Buyer has the right to request that the package be opened and checked for undamaged delivery of the products and the situation be recorded with another protocol. The package is considered to have been completely delivered by the Cargo Company when it is accepted by the Buyer. If the package is not accepted and a protocol is made, the situation must be reported to the Seller’s Customer Service as soon as possible with the copy of the protocol remaining with the Buyer.
ARTICLE 6 – DECLARATIONS AND COMMITMENTS OF THE BUYER
The buyer declares that he has read and become aware of the basic characteristics, sale price and payment and delivery methods of the product subject to the contract on the Website, and has given the necessary confirmation electronically. The buyer confirms by confirming this Agreement and the Pre-Information Form electronically that he has obtained the correct and complete information on the address to be given to the consumer before the conclusion of the distance contracts, the basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information. The buyer’s responsibility is fully his own if he receives the damaged, broken, packaging torn, etc. damaged and defective goods from the cargo company before inspecting the goods subject to the contract. The goods received by the buyer from the cargo company will be considered undamaged and sound. The responsibility and damages of the goods after delivery belong to the buyer. On https://www.habbyaccessories.com/, cash transfer options are offered to buyers who do not want to use credit card information in the online environment. In the case of payment by transfer, the buyer can select the bank most suitable for himself and make the transfer. If EFT is made, the date of receipt to the account will be taken into account. When making the transfer and/or EFT, it is necessary that the “Sender Information” is the same as the Invoice Information and the order number is written. In case that the bank or financial institution does not pay the price of the goods/services to the seller due to the unauthorized or illegal use of the credit card of the buyer, which is not due to the fault of the buyer, after the delivery of the goods/services, the buyer is obliged to return the goods/services to the seller within 10 (ten) days, with the condition that it has been delivered to him. In this case, the delivery expenses belong to the buyer. If the buyer has chosen to pay by credit card, the BUYER confirms, accepts, declares and undertakes that he will also confirm the relevant interest rates and information about the default interest from his bank, and that the interest and default interest provisions will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER in accordance with the applicable legislation.
ARTICLE 7 – SELLER’S STATEMENTS AND COMMITMENTS
The seller is responsible for delivering the goods/services in question in accordance with Consumer Legislation in a sound, complete, and in accordance with the specifications stated in the order, and with any warranty documents and user manuals to the buyer. If the seller is unable to deliver the goods/services in question due to force majeure or extraordinary circumstances that prevent transportation, the seller is obligated to inform the buyer as soon as possible. If the goods/services in question are to be delivered to a person other than the buyer, the seller cannot be held responsible for the person’s refusal to accept the delivery. Individuals under the age of 18 cannot make purchases from https://www.habbyaccessories.com/. The seller will assume that the buyer’s stated age is correct, but the seller will not be held responsible in any way for any inaccuracies in the buyer’s age. Errors in pricing due to system errors are not the responsibility of https://www.habbyaccessories.com/. Accordingly, the seller is not responsible for any promotional or pricing errors that may occur due to system errors, design errors, or illegal interventions in the website. Buyers cannot claim rights from the seller based on system errors. Purchases can be made from https://www.habbyaccessories.com/ using credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week of the order date will be canceled. The time of the order being processed is not the time the order is given, but the time when the required collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal check that are not discussed with customer service are not accepted.
ARTICLE 8 – PRODUCT RETURN AND RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from the contract without giving any reason and without penalty within seven (7) days after receiving the goods. In order for the return process to be carried out in accordance with the general circular of the Tax Procedure Law numbered 385, the buyer must send one copy of the seller’s invoice and the return form, which must be filled out completely and correctly and signed, along with the product to the seller, and keep the other copy with him. The period of withdrawal begins from the day the goods are delivered to the buyer. The cost of returning the product or products must be borne by the buyer.
The right of withdrawal is not applicable for goods prepared according to the buyer’s requests and/or clearly for his personal needs.
If the buyer exercises his right of withdrawal, the seller must refund the total amount received and any documents that put the consumer into debt without any additional charges within ten (10) days at the latest from the date the notification of withdrawal and the product reaches him.
The existence of a reason that causes the value of the received goods to decrease or makes the return impossible does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of the return is caused by the consumer’s fault, the consumer must compensate the seller for the value of the goods or the decrease in value.
The general return period for mistakenly purchased items is seven (7) days. During this period, returns of items in the form of opened, used, damaged, etc. are not accepted. The return must be made in the original packaging.
If any opening, damage, breakage, damage, tearing, use, or other conditions are detected in the mistakenly purchased item and packaging, and if the item cannot be returned in the same condition as it was delivered to the buyer, the item will not be returned and the cost will not be refunded.
For product returns, the situation should be reported primarily to customer services. The information about the product being returned is sent by the seller to the customer. After this conversation, the product should be returned along with the invoice containing the information about the return via the cargo company that delivered the product to the buyer’s address. The returned product is accepted as a return if it meets the conditions specified in this agreement, and the refund is made to the buyer’s credit card / account. No refund will be made without the return of the product. The time it takes for a refund to be reflected on a credit card account is at the discretion of the relevant bank.
If the purchase is made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer requests to purchase the product in installments, the bank will make the refund to the buyer in installments. After the seller pays the full amount of the product at once to the bank, the requested refund amounts will be transferred in installments to the involved parties’ accounts by the bank to prevent them from being harmed. If the refund date does not overlap with the credit card account statement date, the refund for the installments paid before the cancellation of the sale will be reflected on the card every month, and the buyer will receive the refund for the installments paid before the cancellation after the sale installments are finished and will decrease his current debts.
In the case of returning goods and services purchased with a card, the seller cannot make cash payments to the buyer in accordance with the agreement with the bank. The member store, or the seller, will make the refund through the relevant software, and since the member store, or the seller, is liable to pay the relevant amount to the bank in cash or by deduction, cash payments to the buyer cannot be made in accordance with the above-mentioned procedure. The credit card refund will be made by the bank according to the above-mentioned procedure after the buyer pays the full amount to the bank at once.
ARTICLE 9 – RESOLUTION OF DISPUTES
In case of disputes arising from the implementation of this agreement, Consumer Arbitration Boards announced by the Ministry of Industry and Trade within the amount announced in December of each year and the Consumer Courts in the place of residence of the buyer or seller are authorized.
ARTICLE 10 – WARRANTY
Products used in accordance with the instructions for use and cleaned are guaranteed against any manufacturing defects within the conditions stated below: the seller’s warranty responsibility is only valid for consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.
ARTICLE 11 – CONFIDENTIALITY
Information provided by the buyer to the seller for the purpose of making payment under this agreement will not be shared with third parties by the seller. The seller may only disclose these information within the framework of the existence of administrative / legal obligation. In the case of any legal investigation where the seller holds the information required, the seller may provide the relevant authorities with the information. Credit card information is not stored, credit card information is only used to safely transfer to the relevant banks for provision and is deleted from the system after provision. The e-mail address, mailing address and telephone number of the buyer are only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotion information may be sent to the buyer after approval.
Formun Üstü
ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES
In case of default by the buyer in transactions made with credit card, the buyer shall pay interest according to the credit card agreement made with the card-issuing bank, and shall be liable towards the bank. In this case, the bank may take legal action; it may demand the costs and attorney’s fees from the buyer, and in any case of default by the buyer, the buyer shall accept to pay the damages and loss incurred by the seller due to delayed performance of the debt.
ARTICLE 13 – EFFECTIVENESS
This Agreement, consisting of 13 (thirteen) articles, is executed by the Parties reading it, approved by the buyer in electronic media, and shall be effective immediately.
Date: [date]
SELLER : Habby Accessories, Fevzi Çakmak Mahallesi Osmangazi Caddesi 2088. Sokak No:9 Ground Floor, 34200 Bağcılar/Istanbul
BUYER: [invoice-name] [invoice-company]