Distance Sales Agreement
This AGREEMENT regulates the rights and obligations of the parties regarding the sale, delivery of the products/services (“Product/Products”) to the BUYER they want to purchase by placing an order to the electronic commerce website www.sogoglam.com of the SELLER and other issues including their transactions via the application on the mobile device of the BUYER (CONSUMER). After the BUYER approves this AGREEMENT on the INTERNET SITE, the price and expenses of the PRODUCT(S) ordered are collected by the payment method chosen.
ARTICLE - PARTIES
SELLER Title: MASLAK İNŞAAT TEKSTİL TURİZM VE MEYVECİLİK TİCARE SANAYİ LİMİTED ŞİRKETİ
Address: Mehmet Akif Cad. Keresticiler Sitesi. Kestane Sk. No:13 K:2 Ersu İş Hanı Merter Güngören / İstanbul
Phone: +90 212 231 32 66 Internet Address: www.sogoglam.com E-mail: firstname.lastname@example.org IBAN : XXX XXXXX XXX Internet Address: www.sogoglam.com
BUYER (CONSUMER) Name, Surname/Title: Address: Phone: E-mail:
ARTICLE - SUBJECT The subject of this AGREEMENT is the determination of the rights and obligations of the parties in accordance with the Law on Consumer Protection No.6502, the Regulation on Distance Agreements and other relevant legal provisions regarding the sale of the PRODUCT(S) whose qualifications and sales price are specified below, which the SELLER sells to the BUYER electronically from the WEBSITE www.sogoglam.com, including the cases where the SELLER performs transactions with the application on his mobile device.
ARTICLE 3 – INFORMATION REGARDING THE PRODUCT, PRICE, PAYMENT AND DELIVERY SUBJECT TO THE AGREEMENT The Kind and Type, Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information of the PRODUCT (S) and Delivery Information including the place of delivery notified by the BUYER are as follows.In case the cargo company that shall make the delivery does not have a branch in the place where the BUYER is located, the BUYER must receive the PRODUCT (S) from another close branch to be notified by the SELLER (The necessary notification will be made to the BUYER by e-mail / mail, SMS or telephone).Other issues related to delivery are specified below in Article 7 of the Agreement.
Product Name and Basic Features, Quantity, Unit Price (Total Turkish Lira including VAT) Forward / Cash Sale Price (Total including VAT) Order processing and shipping charges
PAYMENT METHOD AND PLAN
DELIVERY INFORMATION Name, Surname/Title: Address: Phone: E-Mail:
INVOICE INFORMATION Name, Surname/Title: Address: Phone: E-Mail:
ARTICLE 4 - ISSUES ON WHICH THE BUYER HAS BEEN INFORMED PREVIOUSLY The BUYER acknowledges that they have been informed about the following matters by seeing and examining all general / special explanations on the relevant pages / sections of the INTERNET SITE before the establishment and acceptance of this AGREEMENT on the INTERNET SITE and before they get under the obligation of both order and payment.
• SELLER's title and contact information and up-to-date introductory information,
• The stages of the sales process during the purchase of the PRODUCT (S) from the INTERNET SITE and the appropriate tools and methods for correcting the wrongly entered information,
• Electronic contact information from where the information on the code of conduct regarding the profession stipulated by the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) ITO that the SELLER is a member of (Phone: 444 0 486, www.ito.org.tr)
• Confidentiality applicable to the BUYER information applied by the SELLER, data use-processing and rules of electronic communication to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
• Shipping restrictions stipulated by the SELLER for the PRODUCT (S),
• The payment methods-means accepted by the SELLER for the PRODUCT (S) subject to the contract and the basic features and qualities of the PRODUCT (S), the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses),
• Information about the procedures for the delivery of the PRODUCT (S) to the BUYER and the shipping-delivery-cargo costs,
• Other payment / collection and delivery information regarding the PRODUCT (S) and information regarding the execution of the AGREEMENT, the commitments-responsibilities of the parties in these matters,
• PRODUCTS (S) and other goods-services that the BUYER has no right of withdrawal,
• In cases where the BUYER has the right of withdrawal, the conditions, period and procedure of using this right and the fact that the BUYER will lose the right of withdrawal if the right is not used in time,
• About the PRODUCT (S) with the right of withdrawal, if the PRODUCT(S) is damaged or changed due to the non-use of the product (S) in accordance with the instructions for use, the usual operation or technical specifications, the BUYER's withdrawal request may not be accepted and in any case it will be liable to the SELLER; in cases where the SELLER accepts, it may collect an amount that it deems appropriate according to the aforementioned defect or change by deduction from the refund to the BUYER,
• In cases where there is a right of withdrawal (in other relevant cases), how to return the PRODUCT (S) to the SELLER and all related financial matters (including the return means, cost and return of the price of the PRODUCT (S) and the reward points won / used by the BUYER during the return, discounts and offsets for points, gift vouchers, free products and other free / discounted opportunities provided),
• In case the BUYER is a legal person, they will not be able to use their "consumer rights", especially the right of withdrawal, for the PRODUCT (S) purchased for commercial or professional purposes (for example, collective purchases are counted as such in any case),
• According to its nature, all the other sales conditions included in this AGREEMENT and, since this AGREEMENT is sent to the BUYER by e-mail after being established and approved by the BUYER on the INTERNET SITE, it can be stored and accessed from here and the SELLER may keep it within itself for a period of three years,
• Processes-practices about confidentiality, personal data and electronic commercial communications
• In case of dispute, the BUYER can submit their complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 5 – RIGHT OF WITHDRAWAL The BUYER has the right to withdraw from this AGREEMENT within fourteen (14) days from the date of receipt of the PRODUCT (s) without stating any justification and paying any penalty.
The right of withdrawal starts on the day the BUYER or the third party determined by the BUYER receives the goods in the agreements for the delivery of the goods. However, the BUYER may also use its right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the BUYER or the third party designated by the BUYER receives the last good,
b) For goods consisting of more than one piece, the day the BUYER or the third party designated by the BUYER receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day the BUYER or the third party designated by the BUYER receives the first goods is taken as a basis.
However, legally, there is no right of withdrawal in the agreements regarding the following goods / services, even if they have not been used / benefited from.
a) Goods prepared in line with the special requests of the BUYER or their personal needs (those that are customized to person / personal needs by making changes or additions on them, including special Products imported / supplied from within the country or abroad in accordance with the BUYER's order)
b) Goods perishable or can be expired such as cosmetics, etc. and foodstuffs such as chocolate, etc.
c) again, cosmetics, swimwear, underwear, etc., of which, after the delivery, the protective elements such as packaging, tape, seal, package are opened and the return is not appropriate for health and hygiene
d) goods that are mixed with other products after delivery and cannot be separated due to their nature
e) books, CDs, DVDs, audio and video recordings, software and similar digital content products and computer consumables with protective elements such as packaging, tape, seal, package opened; vi) All services performed instantly in electronic environment and all kinds of intangible goods delivered immediately to the consumer
f) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller / provider
g) periodicals such as newspapers and magazines, except those provided under a subscription agreement.
h) the service of recreation for accommodation, furniture transportation, car rental, food and beverage supply and entertainment or rest, which should be done on a specific date or period.
i) Services initiated within the period of withdrawal with the approval of the BUYER and
j) In general, other goods and services considered outside the scope of distance sales in accordance with the relevant legislation and the cases where the BUYER purchases for commercial / professional purposes.
In cases where it is possible to use the right of withdrawal, the BUYER is legally responsible for the changes and deteriorations that occur if the goods are not used in accordance with the operation, technical specifications and usage instructions within the withdrawal period.Accordingly, if there is a change or deterioration due to the product (s) not being used in accordance with the instructions for use, technical specifications and functioning until the date of withdrawal, the BUYER may lose the right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the returned PRODUCT (s), corresponding to the cost of the change / deterioration.
In cases where there is a right of withdrawal, it is sufficient for the BUYER to direct a clear notification that the BUYER has used the right of withdrawal to the SELLER within the legal 14-day period (verbal / written communication to the above mentioned contact addresses).In the event that the said right is exercised within its time, the PRODUCT (s) must be sent to the above address of the SELLER at the expense of the BUYER within a maximum of ten (10) days.
In this return process, the PRODUCT (s) must be delivered complete and undamaged, together with its box, packaging and standard accessories, if any.In addition, in accordance with the tax legislation, in addition to the cases where a Return Invoice is required by the BUYER by law, the following section on the return will be filled and signed on the invoice to be returned with the Product.Order returns with invoices issued on behalf of institutions (legal entities) will not be accepted unless the Return Invoice is issued.
"The address to which the product will be returned, the SELLER's address / the address of the cargo company to which the product is delivered for return.”
Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 (fourteen) days from the date of receipt of the withdrawal notice to the SELLER, the cost of the PRODUCT (s) and the delivery costs of the PRODUCT (s) to the BUYER, if any, is returned in accordance with the payment method used when purchasing the PRODUCT(S).
The statutory rights and responsibilities of the BUYER after the withdrawal period regarding the PRODUCT (s) and the rights and obligations of the SELLER, including the contractual and legal collection-offset rights, including those related to award points, gift checks and free opportunities are also available and valid.
ARTICLE 6 - RULES ON SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS The confidentiality rules-policy and conditions specified in the SOGO CONFIDENTIALITY AGREEMENT apply to the protection, confidentiality, processing-use and communications and other issues on the INTERNET SITE.