Distance Sales Contract

DISTANCE SALES CONTRACT

1. PARTIES AND SUBJECT

This Distance Selling Agreement ("Agreement") {{created_at}} Signed on between the following parties:

SALES PERSON

Title	: Cengiz Aktürk Clothing and Clothing Industry Trade Ltd. Co.
Address	: Akşemsettin Mah. Fevzipaşa St. No:35 34080 Fatih - Istanbul - Türkiye
CRS Number	: 0043-0360-9930-0018
Trade Registry Number	: 765722
Tax Identification Number	: FATIH - 0430360993
KEP address	: cengizakturkgiyimkonfeksiyon@hs01.kep.tr
Telephone	: 0 (212) 491 23 81
Email	: info@cengizkakturk.com

(Company Name hereinafter "Sales person" (hereinafter referred to as.)

BUYER

Name Surname	: {{shipping_address.first_name}} {{shipping_address.last_name}}
Address	: {{full_address}}
Telephone	: {{shipping_address.phone}}
Email	: {{email}}

({{shipping_address.first_name}} {{shipping_address.last_name}} hereinafter referred to as the “Buyer”)

Seller and Buyer will hereinafter be referred to individually as a “Party” and collectively as the “Parties”.

2. SCOPE

This Agreement also covers the cases where the Buyer makes transactions using the application on his/her mobile device. www.cengizakturk.com on the e-commerce website (“Website”) the products that you want to purchase by placing an order and that are specified in article 3 below ("Products") It regulates the rights and obligations of the Parties regarding the sale and delivery by the Seller to the Buyer and other matters.

3. PRODUCTS SUBJECT TO THE CONTRACT AND PRICE OF THE PRODUCTS

The type and kind of products, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product introduction page on the Website and in this Agreement (“Products”).
Prices announced on the Website are sales prices. Prices announced are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
The sales price of the Products or services subject to the contract, including all taxes, is shown in the table below.

4. INVOICE INFORMATION

Name-Surname/Commercial Title	: {{billing_address.first_name}} {{billing_address.last_name}}
Address	: {{billing_full_address}}
Telephone	: {{billing_address.phone}}
Email	: {{email}}

5. DELIVERY INFORMATION

Person to be Delivered	: {{shipping_address.first_name}} {{shipping_address.last_name}}
Contact Information	: {{shipping_address.phone}}
Delivery Address	: {{full_address}}

6. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

The Buyer accepts and declares that he/she has read and reviewed all relevant information texts and explanations on the Website and the Preliminary Information Form sent to him/her before the Contract is established regarding the matters specified under this article of the Contract:

Basic characteristics of the Products subject to the contract,
Seller's name or title, central address, MERSIS number, tax identification number
The Seller's full address, telephone number and similar contact information, which allows the Buyer to quickly contact the Seller, and the identity and address of the person acting on behalf of or on behalf of the Seller,
The total price of the Products including all taxes and delivery costs, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and information that additional costs can be paid if these cannot be calculated in advance,
Payment, delivery and performance period in line with the period promised in commercial advertisements and promotions, other information regarding delivery and performance and, if any, commitments related to these and the Seller's solution methods regarding complaints,
Information on products for which the Buyer does not have the right of withdrawal, the conditions, duration and procedure for exercising this right in cases where the Buyer has the right of withdrawal, and the carrier the Seller has designated for return,
The full address or e-mail address to which the notice of withdrawal will be sent,
In cases where the right of withdrawal cannot be exercised, information on whether the Buyer will not be able to benefit from the right of withdrawal or under what conditions he will lose the right of withdrawal,
Information that the Buyer can apply to the Consumer Court or the Consumer Arbitration Committee regarding the dispute,
Technical steps showing the necessary stages for the establishment of the Contract, such as selecting the Products, entering delivery and payment information and confirming the order,
Information on how the Contract will be stored electronically and how the Buyer will be able to access the Contract later,
Information that technical tools such as summary order form and undo and change will be provided so that the Buyer can clearly and understandably identify and correct errors in data entry before placing the order,
Privacy rules regarding personal data obtained by the Seller due to electronic commerce transactions,
Electronic contact information where the Seller can obtain information about the Professional Chamber to which he/she is a member and the rules of conduct stipulated by the professional chamber regarding the profession,
Shipping restrictions for products and
Details of the Buyer's conditions for benefiting from various opportunities that may be applied by the Seller on the Website (special conditions).

7. DELIVERY

The delivery address specified in Article 5 of this Agreement has been notified to the Seller by the Buyer. The Seller is obliged to deliver the Products to the address notified by the Buyer, and the Buyer accepts, declares and undertakes that it is responsible for the completeness, accuracy and correctness of the address notified to the Seller. If the Buyer requests the Products to be delivered to a third person/institution other than itself, it must clearly notify the Seller.
The Products will be delivered through the Seller's contracted cargo company/companies. If the cargo company that will make the delivery does not have a branch in the Buyer's location, the Buyer must pick up the Products from another branch close to be notified by the Seller. The Buyer will be informed about this matter by e-mail, SMS or telephone.
If the Buyer or the person to be delivered is not at the address at the time of delivery, the Seller is not responsible for any damages and expenses arising from the Buyer/person to be delivered receiving the product late or not receiving it at all.
The Buyer accepts that the delivery made to the address notified by the Buyer during the sales process and to the person present at this address during the delivery will be deemed to have been delivered to him. Even if the Buyer is not present at the address notified by the Buyer at the time of delivery, the Seller will be deemed to have fulfilled its obligation fully and completely.
Any damages arising from the Buyer's late receipt of the Products and the expenses incurred due to the Products waiting at the cargo company and/or the return of the cargo to the Seller will be the responsibility of the Buyer.
If, upon the Buyer's request, the Products are to be delivered to another person/organization other than the Buyer, and the person/organization to whom the Products are to be delivered does not accept/receive the delivery, the Seller will not be held responsible for this reason. The Buyer cannot make any claims against the Seller regarding this situation.
In order for the Products subject to the Agreement to be delivered to the Buyer, the Agreement must be accepted by the Buyer during the sales transaction on the Website and the price of the Products must be paid by the Buyer. If the price of the Products is not paid for any reason or if the payment made by credit card is cancelled by the bank, the Seller is deemed to be relieved of its obligation to deliver the Products.
The delivery of the Products shall be made within the promised period, except for the mobile areas of the cargo, provided that the Seller's stock is available and after the payment is made. In any case, the Products shall be delivered to the Buyer within 30 (thirty) days at the latest from the moment the Buyer's order reaches the Seller. If the Seller fails to fulfill its obligation within this period, the Buyer may terminate the Contract. If the Products have been prepared in accordance with the Buyer's request or personal needs, the period specified in this article for the Products may exceed 30 (thirty) days. In the event of termination of the Contract, the Seller shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date on which the termination notice is received.

8. PAYMENT

The price of the Products is as stated in article 3.3.
Prices on the Website include VAT and taxes, but do not include shipping costs.
As a rule, the shipping cost of the Products belongs to the Buyer. If it is stated on the Website that the shipping cost will be covered by the Seller, the shipping cost will belong to the Seller.
The Buyer accepts, declares and undertakes that it will electronically confirm the Agreement for the delivery of the Products, and that if the price of the Products is not paid for any reason and/or is cancelled in the bank or financial institution records, the Seller's obligation to deliver the Products subject to the Agreement will end. The Buyer accepts, declares and undertakes that the Seller has no responsibility for payments made to the Seller by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
If the Buyer and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Products are delivered to the Buyer, the Seller may request the Buyer to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the Buyer provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
If the relevant bank or financial institution does not pay the price of the Products to the Seller due to the unfair and unlawful use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the Products have been delivered to the Buyer by the Seller, the Buyer is obliged to return the Products received to the Seller.
In order for the Buyer to make a payment by credit card, the Buyer must fill in the credit card information completely and completely as requested on the website. The Buyer can make a single payment by credit card, or a deferred payment can be made by dividing it into the number of installments determined according to the installment policy applied by the banks. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the bank (“Bank”) that is the addressee of the agreement signed by the Buyer are valid. The Bank may apply a higher number of installments than the number of installments selected by the Buyer by organizing campaigns and may offer services such as installment postponement. Such campaigns are at the initiative of the Bank and have no relation with the Seller. Starting from the credit card statement date, the order total will be divided by the number of installments and reflected on the credit card statement by the Bank. The Bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The Bank is responsible for creating a detailed payment plan.
Since the interest rates and default interest rates to be applied due to installment sales will be determined by the Bank, the Buyer accepts, declares and undertakes that it will also confirm the relevant interest rates and default interest information from the 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 provisions of the legislation in force.
In case the Buyer defaults in the transactions made with the credit card, the Buyer shall pay interest within the framework of the credit card agreement made with the Bank and shall be liable to the Bank. In this case, the Bank may take legal action, claim the expenses and attorney fees from the Buyer and in any case, in case the Buyer defaults due to its debt, the Buyer shall be liable for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
In cases where the Buyer pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; for the parties to this Agreement, it is not a credit or installment sale, but an advance sale. The Seller's legal rights in cases legally considered as installment sales (including the right to terminate the contract and/or demand payment of the entire remaining debt together with default interest in case the installments are not paid) are available and reserved within the framework of the relevant legislation.
If the payments are made in installments, the Buyer returns the Products purchased from the Seller or if the Buyer's paid amount needs to be refunded for any reason, the Seller's obligation is to pay the amount purchased with the card to the bank. The fact that the refund payment is made to the Buyer in installments every month is related to the bank the Buyer works with, and since the average process for the amount refunded to the credit card by the Seller in the payments made by the Buyer with a credit card can take 2 (two) to 3 (three) weeks for the bank to reflect the amount refunded to the Buyer's account, and since the reflection of this amount to the Buyer's account after the Seller returns it to the bank is entirely related to the bank transaction process, the Buyer accepts, declares and undertakes that it will not hold the Seller responsible for possible delays.

9. RIGHTS AND LIABILITIES OF THE SELLER

The Seller accepts, declares and undertakes to deliver the Products subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals and the information and documents required for the job, to perform the job in accordance with the standards, free from any defects, in accordance with the requirements of the legal legislation and within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, and to act with prudence and foresight.
The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract. The Buyer is free to give or not give such approval in all respects and in cases where he/she does not give approval, the contractual and legal provisions regarding order cancellation (termination of the Contract) shall apply.
In cases where the fulfillment of the ordered goods becomes impossible, the Seller shall notify the Buyer in writing or electronically within 3 (three) days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification at the latest. The fact that the Products are not in stock shall not be accepted as the impossibility of fulfilling the fulfillment of the goods.
If the Products cannot be delivered within the legal maximum period of 30 (thirty) days due to extraordinary circumstances beyond the control of the Seller (adverse weather conditions, earthquake, flood, fire, etc.), the Seller will inform the Buyer about the delivery. In this case, the Buyer may cancel the order, order a similar product or wait until the end of the extraordinary situation.
The Seller may limit the number of products that the Buyer can order during the times announced on the Website. If the Buyer orders more products than the number stated in the announcements made on the Website, the orders may be canceled and the product prices will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that the order has been created by accepting these matters and that the Seller has the right to cancel the order for orders exceeding the number of units.
Other sites accessed through the Website have their own privacy and security policies and terms of use, and the Seller is not responsible for any disputes or negative consequences that may arise.

10. RIGHTS AND LIABILITIES OF THE BUYER

The Buyer accepts, declares and undertakes that the order placed on the Website means a payment obligation.
The Buyer is obliged to inspect the Products before receiving them; not to accept Products that are damaged and/or defective (crushed, broken, torn packaging, etc.) due to the cargo or that can be detected by a regular inspection, and to have the cargo company official draw up a report regarding the defect in the Products. If the Buyer will exercise his/her right of withdrawal, he/she shall return the Products without using them, together with the invoice and all other documents (warranty certificate, user manual, etc.) sent to the Buyer at the time of delivery.
The Seller is responsible for any loss or damage that occurs until the Products are delivered to the Buyer or a third party designated by the Buyer other than the carrier. The Buyer is responsible for the careful protection of the Products after delivery.
In case of sending Products that are not ordered, no rights can be claimed against the Buyer. In such cases, the Buyer's silence or use of the Products cannot be interpreted as a declaration of acceptance for the establishment of the contract. The Buyer has no obligation to send back or keep the Products.
If the Buyer selects the corporate invoice option for orders placed via the Website, the Seller may issue a corporate invoice. The Seller will issue a corporate invoice in accordance with the tax identification number and tax office information that the Buyer will provide via the Website. It is the Buyer's sole responsibility to ensure that the specified information is entered correctly and completely.
The Seller may, at its sole discretion, organize various campaigns for Buyers on the Website, the terms, content and duration of which are determined by the Seller at various times. The Seller reserves the right to stop, update and change the campaign terms announced on the Website at any time. The Buyer must review the campaign terms before each purchase from the Website.
In all cases where the Buyer purchases a discount or a free (gift) product of the same nature by shopping at the minimum amount of any Seller campaign or obtains or uses a gain such as a gift certificate etc., if the said minimum amount is dropped as a result of using the right of withdrawal for all or part of the ordered products or the gain/use condition is eliminated in any way, thus the conditions for benefiting from the campaign/gain or use conditions are eliminated for the Buyer, the entirety of the said discount/discount (if any, the gift product price) will be deducted from the amount to be returned to the Buyer, and in cases where the offset is insufficient, it will be collected from the payment tool (credit card etc.) used during shopping; If the Buyer has earned a (virtual/physical) gift certificate, point, discount etc. due to their shopping, these will be canceled, and the (virtual or physical) gift certificate, point, discount etc. during shopping will be refunded to the Buyer. If the product has been used, the entire price will be deducted from the amount to be returned to the Buyer, and in cases where the deduction is insufficient, it will be collected from the payment instrument (credit card, etc.) used during shopping. This article applies in the same way to all other cases where the product is returned, except for defective products, in addition to the cases where the right of withdrawal is used.

11. RIGHT OF WITHDRAWAL

The Buyer shall return the purchased Products from the date of delivery without assuming any legal or criminal liability and without giving any justification. 14 (fourteen) The Buyer may also exercise his/her right of withdrawal within the period from the establishment of the Contract until the delivery of the Products.
The Buyer may also exercise his right of withdrawal in writing or via e-mail to the Seller.
In determining the period of the right of withdrawal;
1. For goods that are subject to a single order and delivered separately, the day the Buyer or a third party designated by the Buyer receives the last goods,
2. For goods consisting of more than one piece, the day the Buyer or a third party designated by the Buyer receives the last piece,
3. In contracts where the goods are delivered regularly for a certain period of time, the day on which the Buyer or a third party determined by the Buyer receives the first goods is taken into account.
In order to exercise the right of withdrawal, it is necessary to notify the Seller within the due time and in accordance with the provisions of the legislation.
In case of exercising the right of withdrawal:
1. The Buyer shall return the Products to the Seller via the Seller's contracted cargo company within 10 (ten) days from the date of notification of exercising the right of withdrawal.
2. Within the scope of the right of withdrawal, the box, packaging, standard accessories and other products gifted together with the Products (if any) must be returned complete and undamaged.
3. When returning the products to the Seller, the original invoice presented to the Buyer at the time of delivery must also be returned by the Buyer. If the Buyer requests a corporate invoice, they must issue a return invoice for the return of the relevant product or, if possible, reject the commercial invoice from their own system within the due date.
The Buyer shall not be responsible for any changes or deteriorations that occur if the Products are used in accordance with their operation, technical specifications and instructions for use within the withdrawal period. Otherwise, the Buyer shall be personally responsible for any damages incurred by the Products.
The Seller is obliged to refund all payments collected, including delivery costs, to the Buyer within 14 (fourteen) days from the date on which the Seller receives notification that the Buyer has exercised his right of withdrawal.
As long as the Buyer sends the Products to be returned to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no branch of the Seller's contracted cargo company at the Buyer's location for return, the Buyer may send them with any cargo company, in which case the shipping cost belongs to the Seller. If the Buyer sends the Products to be returned with a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the Buyer, and the Seller is not responsible for any damage to the Products during the shipping process.
With the exercise of the right of withdrawal, all contracts, agreements and understandings between the Buyer and the Seller are terminated without any obligation to pay any expenses, compensation or penalties.

12. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The buyer cannot exercise his right of withdrawal in the following contracts:

Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller,
Contracts regarding goods prepared in line with the Buyer's requests or personal needs,
Contracts for the delivery of goods that are perishable or may expire quickly,
Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons,
Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
Contracts for the delivery of periodicals such as newspapers and magazines other than those provided within the scope of the subscription contract,
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,
Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,
Contracts regarding services that are started to be performed with the Buyer's approval before the expiry of the right of withdrawal period.

13. RESOLUTION OF COMPLAINTS AND DISPUTES

The Buyer may submit his/her complaints to the Seller through the channels specified in the Preliminary Information Form, by phone, by mail or in writing.
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are competent within the monetary limits determined and announced by the Ministry of Trade every year in accordance with the relevant legislation, and Consumer Courts are competent in cases exceeding these limits. Within this framework, the Buyer may apply to the Arbitration Committees and Consumer Courts in his or the Seller's place of residence, if he wishes.

14. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

The Buyer accepts and declares that he/she has read and understood the Privacy and Personal Data Protection Policy published by the Seller on the Website. The Buyer's personal data will be processed in accordance with the Privacy and Personal Data Protection Policy. In the event that there are processing purposes that require the Buyer's explicit consent, the Seller also requests and allows the Buyer to reject the explicit consent in accordance with the Personal Data Protection Law No. 6698 and other legislation. In such cases, if the Buyer gives approval in the relevant areas, the Buyer's personal data may also be processed for purposes that require explicit consent.
Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the Seller's own system infrastructure, in accordance with the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the Buyer's devices, the Buyer is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.

15. EVIDENCE AGREEMENT

The parties accept, declare and undertake that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and the Buyer, the electronic information and computer records kept in their own databases and servers will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

16. ENFORCEMENT

This Agreement, consisting of 16 (sixteen) articles, has been concluded and entered into force by being read by the Parties and approved electronically by the Buyer on the transaction date. The "Preliminary Information Form" sent to the Buyer's e-mail address, submitted to the Buyer's knowledge and approval on the internet before the Agreement is established and a draft of which is also available on the Website, is an integral part of the Agreement.

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Distance Sales Contract