Distance Sales Agreement
ARTICLE 1 - PARTIES
Title: BS Mağazacılık Tekstil İth. Ihr. Ltd. Sti.
Address: Guzelevler Mah. Mobilyacilar Sitesi Akasya Sok. No:9/A Yuregir ADANA
Phone: 0 850 532 0559
Email : email@example.com
Mersis no: 0187064055300010
Name Surname / Address:
Turkish Identity Number:
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this Distance Sales Contract (hereinafter referred to as the "Agreement") is that the BUYER belongs to the SELLER. www.shopjly.com It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the products, the content and sale price of which are specified above, and which have the qualifications mentioned in the contract, ordered electronically through the website.
The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she has knowledge of all preliminary information and the right of withdrawal regarding the product subject to sale, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this Agreement. www.shopjly.com The preliminary information and invoice on the website are integral parts of this Agreement. It is assumed that the BUYER has accepted all the terms of this Agreement and knows that he is under a payment obligation at the time the order is placed.
Type and type of product, quantity, brand/model, color, sales price including all taxes, payment method, delivery method and shipping fee www.shopjly.com It is as stated in the information on the product's introduction page on the website and in the invoice, which is considered an integral part of this Agreement. Seller is not responsible for price update errors due to technical reasons. Preliminary information and the provisions of this Agreement are sent to the e-mail address notified by the BUYER to the SELLER, and the order summary is also included in the aforementioned e-mail along with the confirmation of the receipt of the order.
ARTICLE 3 - PAYMENT OF THE PRODUCT PRICE
3.1. www.shopjly.com You can shop online by credit card or bank transfer. Orders that are not transferred within 3 (three) days from the order date will be cancelled. The processing time of orders is not the date the order is placed, but the moment when the necessary collection is made from the credit card or the transfer reaches the bank account. By confirming the order, the BUYER undertakes to pay the price of the products ordered.
In order for the BUYER to pay by credit card, the credit card information must be filled in completely and completely in the relevant section.
3.2. A single payment can be made with a credit card, or a deferred payment can be made by dividing into a number of installments to be determined within the scope of the campaigns. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank are valid. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as deferral of installments. Such campaigns are at the initiative of the Bank.
3.3. Due to the fact that the forward sales are made only with the credit cards of the Bank, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the Bank, and that the provisions regarding the interest and default interest in accordance with the provisions of the current legislation are stipulated in the credit card agreement between the Bank and the BUYER. accepts, declares and undertakes that it will be implemented within the scope of
3.4. In case the payments are made in installments, the reflection of the refund to the credit card in installments every month is entirely related to the processes and practices of the Bank.
ARTICLE 4 – DELIVERY AND DELIVERY METHOD OF THE PRODUCT
4.1. The product will be delivered to the BUYER or the relevant person at the delivery address requested by the BUYER, through the courier company authorized by the SELLER. The BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery shall be deemed as the delivery made to the BUYER. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
4.2. In the event that the consumer requests the goods to be sent with a carrier other than the carrier determined by the seller, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
4.3. For the delivery of the product subject to the contract, this Contract must be approved by the BUYER and the product price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the Bank's records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.4. The delivery is fulfilled within the time promised by the SELLER, starting from the date the order reaches the SELLER, without exceeding the legal period of 30 (thirty) days. If the SELLER cannot deliver the product subject to the Contract within the period due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER.
4.5. If the SELLER has declared on the website that the delivery fee will be covered by those who shop above the amount declared on the website, the delivery cost belongs to the SELLER. Apart from this, the delivery costs belong to the BUYER.
ARTICLE 5 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER
The BUYER accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
By approving the order, the BUYER is deemed to have accepted the terms of this contract and accepts and undertakes to make the payment in accordance with the payment method specified in the contract.
The BUYER shall inspect the product subject to the contract before receiving it, dents, broken, torn packaging, etc., which are understood to be caused by transportation. It is responsible for not accepting the damaged and defective product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility and the received product will be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. The BUYER agrees and undertakes to return the original invoice at the time of return, together with the return invoice for corporate purchases.
ARTICLE 6 - STATEMENTS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
In cases where the delivery of the product becomes impossible, the SELLER notifies the BUYER in accordance with the law within 3 (three) days from the date of learning about this situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery time until the obstacle is removed. If the BUYER cancels the order, the price paid and the documents, if any, that put the buyer under debt are returned within 14 (fourteen) days from the date of cancellation.
ARTICLE 7 – FORCE MAJEURE
Force majeure (natural disaster, warfare) , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party that occurs in the person of force majeure shall notify the other party of the situation immediately and in writing. During the continuation of the force majeure, the parties will not be liable for failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party has the right to terminate unilaterally.
Returns are not accepted due to the covid 19 epidemic in overseas sales.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1 In distance contracts regarding the sale of goods, the consumer may use his right to withdraw from the contract by rejecting the goods without any legal or criminal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated. The duration of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the period of the right of withdrawal;
a) For goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last goods,
b) For goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first goods is taken as a basis.
8.2 In order to exercise the right of withdrawal, a written notification must be given to the Seller by registered mail, e-mail or fax within 14 (fourteen) days. Notification regarding the exercise of the right of withdrawal can be made to the address indicated under the title of “SELLER INFORMATION” in Article 1 of this contract, in case it is made by registered mail, or to the fax number or e-mail address specified in the same article if it is made by fax or e-mail.
8.3 In order for the return process to be carried out, the return form sent to the consumer must be filled in completely and put in the return package. The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)
8.4 The products to be returned must be delivered with their box, packaging and standard accessories, if any.
8.5 The Seller is obliged to return the total price and the documents that put the Consumer under debt within 14 (fourteen) days at the latest from the receipt of the withdrawal notice to the Consumer.
The seller makes all the repayments specified in the first paragraph at once, in accordance with the payment instrument used by the consumer and without incurring any expense or obligation to the consumer.
(In case the consumer uses the installment option to the credit card during the purchase, the refund will be made to the bank at once, and the Bank's payment of the relevant amount to the consumer in installments is not a violation of this article)
8.6 Return of the product to the seller by the consumer due to the right of withdrawal UPS Cargo will be made through In cases where the product is not returned with the specified cargo company, the return costs of the product are paid by the consumer.
8.7. From the date of the consumer's right of withdrawal ten (10) days is responsible for returning the goods to the seller.
8.8 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's losses at the rate of the BUYER's fault.
8.9 In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
ARTICLE 9 Products for which the Right of Withdrawal cannot be exercised and in which cases the right of withdrawal cannot be exercised.
Contracts for the sale of goods that are prepared in line with the wishes of the consumer or clearly in line with his personal needs, are not suitable for return, are disposable, have the risk of spoiling quickly or are likely to expire, and to audio or video recordings, provided that the package has been opened by the consumer. The right of withdrawal cannot be exercised in contracts regarding software programs and computer consumables.
a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
And) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts for consumables in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
In particular, the return of the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused and untested:
· All Kinds of Cosmetics
· Underwear Products
· All Kinds of Personal Care Products
· All kinds of software and programs
· DVD, VCD, CD and cassettes
· Computer and stationery consumables (toner, cartridge, ribbon, etc.)
· Portable Computers and Desktop Computers (except in case the product is defective or defective) will not be refunded after the original operating system is installed, that is, the computer is installed.
g) Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
The BUYER, by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties-organizations to be determined by them, of the personal information transmitted by the BUYER, by all kinds of promotion, advertisement, promotion, communication, sales, marketing, store card, credit card and for membership applications, to be recorded, kept in written/magnetic archives, stored, processed, updated, shared, transferred and used indefinitely or for the period they will predict, SMS, internet, letter, telephone, etc., unless otherwise stated. allows them to communicate through channels. If the BUYER wishes to change its data sharing preferences, it shall be submitted to BS Mağazacılık Tekstil İth. Ihr. Ltd. Şti. will be able to transmit to the communication channels specified by.
www.jly.com.tr The information entered for membership, product/service purchase and information update purposes, as well as confidential information about credit and debit cards, cannot be viewed by other internet users.
ARTICLE 11 - REQUEST AND COMPLAINT / LEGAL REMEDIES
The BUYER may notify the SELLER, verbally or in writing, of his requests and complaints regarding the product and sale, by contacting the SELLER's communication channels below.
BS Mağazacılık Textile Import Export Ltd. Sti.?
Customer Service Phone: 0850 532 0 559 ?
Address: Guzelevler Mahallesi Furniture Site Akasya Sokak No:9/A Yuregir / Adana?Adana Chamber of Commerce Registration Number: 64533?
Mersis Number: 0187064055300010?
Registered Electronic Mail (KEP) Address:
Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized in the disputes that may arise from this Agreement, within the monetary limits announced annually by the Ministry of Customs and Trade, as required by law.
ARTICLE 12 – NON-CONSUMER BUYERS
Benefiting from the mandatory regulations pursuant to the Law on the Protection of the Consumer within the scope of this contract depends on the BUYER being the consumer defined in the Law No. 6502. If the buyer is not a consumer, it will not be possible to benefit from the provisions of this contract, and the sales contract will be evaluated in accordance with the general provisions and any disputes that may arise will be resolved within this framework. Adana Courts and Enforcement Offices are authorized for disputes arising from the contracts made with the BUYER, who is not considered a consumer.