Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME / TITLE: Seda Zabun (Sole Proprietorship)
Tax No: 71505283383
ADDRESS: Adnan Kahveci Mah. Yavuz Sultan Selim Blv. İşyeri No: 4 C İç Kapı No: 8 Beylikdüzü / İSTANBUL
Phone: 0542 782 81 18
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, and that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of all types of consumer transactions, excluding the provision of goods, performed or promised to be performed for a fee or benefit,
SERVICE: The subject of all types of consumer transactions, excluding the provision of goods, performed or promised to be performed for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the goods provider,
BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The sezza.com.tr website belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service via the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods such as software, audio, video and similar items prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified below, and which the BUYER ordered electronically via the website belonging to the SELLER.
4. SELLER INFORMATION
Title: Seda Zabun (Sole Proprietorship)
Tax No: 71505283383
Address:
Adnan Kahveci Mah. Yavuz Sultan Selim Blv.
İşyeri No: 4 C İç Kapı No: 8
Beylikdüzü / İSTANBUL
Phone: 0542 782 81 18
Email: sezza.com.tr@gmail.com
Website: www.sezza.com.tr
5. BUYER INFORMATION
Person to be Delivered to:
Delivery Address:
Phone:
Email/Username:
6. ORDERER INFORMATION
Name/Surname/Title:
Address:
Phone:
Email/Username:
7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION
7.1. The main characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the main characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product Description
QuantityUnit PriceSubtotal (VAT Included)Total Discount:Shipping Fee:Total:
Payment Method and Plan:
Delivery Address:
Person to be Delivered to:
Invoice Address:
Order Date:
7.4. The shipping cost for the product is 19.90 TL, and the shipping fee is added to the total order amount and paid by the BUYER. The shipping fee is not included in the product price. For purchases over 750 TL, shipping is free.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Email/Username:
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and has given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information regarding the address to be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information, prior to the establishment of the distance sales contract.
9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's residence, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and necessary information and documents, free from any defects, in a sound manner in accordance with legal regulations and standards, honestly and fairly, to maintain and improve service quality, to show necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining explicit consent, before the expiry of its performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of providing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that the SELLER's obligation to deliver the product subject to the contract will terminate if the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records.
9.7. The BUYER accepts, declares, and undertakes that if, after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if it cannot deliver the product subject to the contract on time due to force majeure events such as unforeseen circumstances beyond the will of the parties that prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is eliminated. If the order is canceled by the BUYER, for payments made in cash, the product amount is paid back to them in cash and in one lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's processing period, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes, through the address, e-mail address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form or updated later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them.
9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the shipping company. It shall be deemed that the delivered goods/services are undamaged and sound. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit identification 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 confirming that the credit card belongs to them. The order will be suspended during the period until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER accepts, declares, and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that they will immediately, in cash and in one lump sum, compensate the SELLER for any damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and penal liabilities arising shall bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, violates general morality, bothers and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. The SELLER's website may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. A member who violates one or more of the clauses listed in this agreement shall be personally responsible legally and criminally for this violation, and shall keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, in the event that this violation is brought to legal proceedings, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods without undertaking any legal or criminal responsibility and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated by them. In distance contracts related to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this agreement. If this right is exercised,
- a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
- b) Return form,
- c) The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories if any.
- d) The SELLER is obliged to return the total amount and the documents that bind the BUYER to the BUYER within 10 days at the latest from the date the withdrawal notification reaches them, and to take back the goods within 20 days.
- e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for their damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the right of withdrawal period.
- f) If the campaign limit amount falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
According to the Regulation, the return of products prepared in line with the BUYER's wishes or explicit personal needs and not suitable for return, such as underwear bottom parts, swimwear and bikini bottoms, make-up products, disposable products, products with a risk of rapid deterioration or which may expire soon, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, is not possible. In addition, the exercise of the right of withdrawal for services whose performance has begun with the consumer's consent before the right of withdrawal period expires is also not possible according to the Regulation.
Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged and unused to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment when making transactions with a credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement between them and the cardholder bank, and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney's fees from the BUYER, and in all circumstances,
If the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the SELLER the loss and damage incurred due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the law below.
14. AGREEMENT ON EVIDENCE
In the application of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and CONSUMER COURTS at the SELLER's place of residence are authorized. If the order is approved electronically, the BUYER is deemed to have accepted all provisions of this contract.
In the event of any dispute between the parties and/or regarding complaints from third parties, the SELLER's records and documents, email correspondence, and system records on the website (including records in magnetic media such as computer-audio recordings) shall constitute definitive evidence in the sense of Article 193 of the Civil Procedure Code.
15. EFFECTIVENESS
The BUYER shall be deemed to have accepted all terms of this contract when making the payment for the order placed through the Site.
SELLER: Seda Zabun
ADDRESS: Adnan Kahveci Mah. Yavuz Sultan Selim Blv. İşyeri No: 4 C İç Kapı No: 8 Beylikdüzü / İSTANBUL
BUYER:
DATE: