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DISTANCE SALES AGREEMENT

Distance Sales Agreement

Distance Sales Agreement

 

ARTICLE 1– PARTIES

 

 1.1 SELLER

 

TITLE         :  RAMİNYA TEKSTİL TİCARET ANONİM ŞİRKETİ

ADDRESS : TARAKÇI HÜSNÜ SOK. NO:15/2 KOCAMUSTAFAPAŞA/İSTANBUL

1.2. CONSUMER 

NAME/SURNAME/TITLE :

 

ARTICLE 2 – SUBJECT

This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts as published on the Official Newspaper of the Republic of Turkey on 27.11.2014 (dd/mm) regarding the sale of products and services; which are detailed in terms of their codes, names, numbers and sale prices in Article 3 below, done by the Consumer on the website newarrivals.co over electronical domains.

 

ARTICLE 3 – DETERMINATION OF THE SUBJECT MATTER PRODUCTS AND SERVICES (DETERMINATION OF THE SUBJECT MATTER PRODUCTS, PAYMENT DETAILS AND PROPERTIES REGARDING DELIVERY)

 

3.1 PRODUCTS

The base information regarding all products and services are provided on newarrivals.co website. Listed and declared on the website are the current sale prices of all listed items on the website. These declared prices and promotions will keep their validity until they are updated and changed on our website. Prices that have been declared as limited time promotional exceptions will only be valid within the declared limited time. All of the listed prices on the website regarding the subject matter products and services include their associated taxes.

 

3.2 DELIVERY/SHIPMENT DETAILS AND PLAN

Delivery Address          :

Person Receiving Delivery  :

Invoice/Receipt Details           :

Ordered items will be shipped within 3-5 business days after having been acquired by New Arrivals according to their categories. The shipments of all orders made from newarrivals.co, if the delivery is going to be made within Turkey, are free and covered entirely by the SELLER. However, if the shipment is to be made overseas, the CONSUMER is responsible for covering the cost of delivery, prices of which are determined by country and added to the total price at checkout.

3.3 OVERDUE INTEREST

The payment options for New Arrivals products are either cash taken in advance or credit card, henceforth the SELLER does not implement overdue interest.

 

ARTICLE 4 – RIGHTS & OBLIGATIONS

 

4.1. The CONSUMER agrees that he/she has read and is aware of the preliminary information regarding the basic qualifications, sales price, payment methods and delivery of the products as well as the SELLER’s complete title, address and communication information which are shown in at newarrivals.co and has given the necessary confirmation for the authorization of the sale in the electronical domain.

4.2. The product is delivered to the delivery address specified by the CONSUMER on newarrivals.co or to the person / organization at the address indicated by him / her within 30 days at the latest, in a secured way and packed together with its invoice. As shown on Article 3 regarding the delivery of the products, the SELLER will cover all costs of delivery so long as the delivery address is within Turkey, while the CONSUMER has to cover all costs of delivery so long as the delivery address is in any other country outside of Turkey.

4.3. If the products are to be delivered to a third-party person / organization and not the original consumer, the SELLER is not responsible for the possible rejection of the package by said third party element.

4.4. In the event that the shipping company encounters problems regarding the delivery of the products to the CONSUMER, the SELLER cannot be held accountable. Even in the event of the CONSUMER not being able to receive the package due to not being at their notified residence, the SELLER will be considered as having completed all of their obligations and is therefore not responsible for the failure of the CONSUMER in receiving the delivery. Henceforth, any problems regarding the late delivery of the package by the courier company, late delivery of the package due to consumer failure and the prospect of the consumer wishing to return the package back to the seller for changes or refunds are all entirely the responsibility of the CONSUMER, the costs of which shall be covered by themselves.

4.5. In the event that the purchase of goods and services on newarrivals.co is made by a credit card that doesn’t directly belong to the CUSTOMER themselves, all legal risks that could and could not be accounted for such as the unlawful usage of the credit card by unauthorized parties is entirely the responsibility of the CUSTOMER alone. Henceforth, the CUSTOMER agrees that if such a situation results in moral or financial damages, they have no rights to demand any compensation from the SELLER.

4.6. If any repairs are required due to the state of the products, necessary timing for the repairs will be as directed by the particular articles of The Protection of Customer laws.

4.7.Under certain valid reasons, which should be communicated to the consumer, the SELLER shall provide the CONSUMER with a different product / products of equal quality and price before the Obligation of Fulfilment time as has been specified in this document is met.

4.8. The SELLER is obliged to notify the CONSUMER if the delivery of the product subject to this contract cannot be delivered within due time due to force majeure or extraordinary situations such as adverse weather conditions preventing shipping, interruption of transportation. In this case, the BUYER can use the right to postpone the delivery period until the impending conditions are over, demand the change of the product with one of equal value and properties or outright demand a refund. If the BUYER decides to get a refund for the product, the paid amount shall be refunded within 10 days according to the method of payment the BUYER had utilized.

4.9. The delivery of a collected order reserves the right to change the intermediary cargo company for end users without giving any information, unless there is a temporary disruption.

4.10. After the delivery of the product has been made, any failures in installment payments from the credit card / bank card / debit card (or any other methods of payment as specified on the website) of the CUSTOMER, due to reasons beyond their knowledge, such as in the cases of the payment devices being used for unlawful purposes by unauthorized third party elements and therefore the responsible bank / financial corporation not authorizing the payment of the product to the SELLER, the CONSUMER having received the products, must return them to the SELLER within 3 (three) days. Under these circumstances, all costs of delivery shall be covered by the CONSUMER.

4.11. After the delivery package has been accepted, it is agreed directly that the SELLER has completed its obligations adequately. Therefore, the CONSUMER shall inspect the package before dismissing the courier and if any faults are found on the package, it shall be returned to the courier officer and a statement should be taken down. Otherwise, the Seller shall not accept any liability.

 

ARTICLE 5 – PAYMENT REFUND PROCEDURE

 5.1. In the event that the CONSUMER wishes to express their right of withdrawal or the subject matter products and or services are not able to be delivered due to a variety of reasons or if the board of arbitration decides on a direct refund to the CUSTOMER on valid grounds, the full amount which has been paid by the CUSTOMER will be returned to their credit card/ bank card / debit card or any other payment method they have used within the first 14 (fourteen) days after the CUSTOMER has agreed to the refund. If the CUSTOMER had bought the product with bank installments, then the bank will repay them in installments in the same way they have chosen. After the SELLER has authorized the refund and refunded the amount to the CUSTOMER’s bank or financial institution, the SELLER is not responsible and is not able to assist in any way regarding the time it takes for the said bank or institution to transfer the amount to the CUSTOMER’s account.

5.2. If the products are being sent back to the seller for refunds or exchanges, they should be packaged in separate parcels then the ones they have arrived with and these parcels should be strong enough to withstand the shipping period without receiving much damage. The damage that could be accumulated by the original packaging during the reshipping period as well as the shipping labels and other such stickers that could be put on to the parcel would compromise the originality and resale ability of the SELLER’s product and are thus not accepted as returns or exchanges.

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. Pursuant to the relevant provisions of Consumer Protection Law no 6502, In distance contracts about sales of goods, the consumer has the right to withdraw within 14 (fourteen) days of receiving their products without showing any excuses and paying any penal clause. However, the consumer may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods has been complete. However, certain products on sale at newarrivals.co are produced on order and are thus not applicable for returns. The details about the return policies of these particular products are openly and clearly described in their own web pages. For distance service agreement, the process begins once this agreement has been accepted. If the contract points out that the service can only be provided within the first 14 days, the CUSTOMER can reverse their decision until this time passes. The expenses which result from the use of the CUSTOMER’s right of withdrawal are the responsibility of the SELLER if the products are shipped back with a postal service that the SELLER is working with.

6.2. For the right of withdrawal to be valid, the CUSTOMER needs to declare their notice of withdrawal to the SELLER via fax, phone or e-mail within the first 14 days of receiving their package and the contents must be unused and in mint condition as per the 1st Article of this hereby agreement. As was pointed out before, as per the 6th Article of this hereby agreement, the contents of the order must be unused too be able to exercise the right of withdrawal.

6.3.  The orders for which the right of withdrawal is being exercised must be returned with their original packaging and all items within the original packaging without any deficits and with no damage. Following the arrival of the package to the SELLER, if these conditions are met, the CUSTOMER will be refunded in 14 days.

6.4. If the right of withdrawal is being exercised for an order which has been shipped or gifted to a 3rd party element or the CUSTOMER themselves, a delivery receipt report and the original bill of sale are required to be sent back to the SELLER. If the original bill of sale is not returned to the SELLER, the applicable taxes and other legal obligations will not be refunded.

 

ARTICLE 7 – ITEMS FOR WHICH THE RIGHT OF WITHDRAWAL DO NOT APPLY

Unless agreed upon by both sides, the CUSTOMER cannot exercise their right of withdrawal under the conditions listed below,

  1. a) Contracts involving products and services which had their prices altered due to fluctuations in the financial spheres which could not be controlled by the SELLER or PROVIDER.
  2. b) Contracts for products which have been produced on order, specifically for the needs or desires of the CUSTOMER.
  3. c) Contracts for products which could be spoiled quickly or not out their best by dates.
  1. d) Contracts for products which have had their original packaging removed and are therefore unhygienic.
  2. e) Contracts for products which have been mixed with other products after delivery and cannot be separated
  3. f) Contracts involving products which have had their original packaging removed and have therefore lost their originality, such as books, digital products, computer parts, etc.
  4. g) Contracts for products with very short shelf lives such as magazines and newspapers that have been acquired without subscription.
  5. h) Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period.
  6. i) Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
  7. j) Contracts regarding services for which organization has begun with the approval of the consumer, before the expiry of the right of withdrawal.

 

ARTICLE 8 – AUTHORIZED COURT

With respect to the disputes that may arise regarding these Terms primarily the provisions set out herein, if not, the laws of the Republic of Turkey shall be applied. Istanbul (Central) Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from the execution of these Terms.

This Agreement has been read, accepted and confirmed by the parties electronically. In matters not regulated in this Agreement, the provisions of the Law No. 6502 on the Protection of the Consumer and the relevant legislation shall apply. In the event that the order is realized, the CONSUMER is deemed to have accepted all the terms of this contract.

 

SELLER           : RAMİNYA TEKSTİL TİCARET ANONİM ŞİRKETİ

 

CONSUMER   :

DATE :