Distance Sales Agreement 


1.PARTIES 

This Agreement has been signed between the following parties within the framework of the provisions and conditions stated below.

A. 'BUYER'; (hereinafter referred to as the 'BUYER' in the contract)

NAME-SURNAME:
ADDRESS:


B. 'SELLER'; (hereinafter referred to as the 'SELLER' in the contract)

NAME-SURNAME: Aliye Feryal Revanbahş

ADDRESS: Maslak Mah. AOS 9.sok No284 Maslak Sarıyer İstanbul

By accepting this contract, the BUYER agrees in advance to be obliged to pay the order amount and any additional fees specified, such as shipping fees and taxes, upon approval of the order, and acknowledges being informed about this.


2.DEFINITIONS

In the implementation and interpretation of this contract, the following terms shall denote the written explanations stated alongside them:

MINISTRY: Republic of Turkey Ministry of Commerce,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (OG: 27.11.2014/29188)

SERVICE: The subject matter of any consumer transaction other than the provision of goods in return for a fee or benefit,

SELLER: The company offering goods to the consumer within the scope of commercial or professional activities or acting on behalf of or for the account of the entity offering the goods,

BUYER: The individual or legal entity acquiring, using, or benefiting from a good or service for non-commercial or professional purposes,

WEBSITE: The website belonging to the SELLER, www.fersknit.com,

ORDERING PARTY: The individual or legal entity requesting a good or service via the SELLER's website,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract entered into between the SELLER and the BUYER,

GOODS: Moveable property subject to the transaction and intangible assets such as software, sound, image, and similar products prepared for use in electronic media.


3. SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, the qualities and sales price of which the BUYER has ordered electronically through the website www.fersknit.com ("Website") owned by the SELLER.

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a specific period are valid until the end of the specified period.


4. SELLER INFORMATION

Title:Aliye Feryal Revanbahş
Address:Maslak Mah. Aos 9.sok No284 Maslak Sarıyer İstanbul
Eposta:info@fersknit.com


5. BUYER INFORMATION

Recipient Name
Delivery Address
Phone
Fax
Email/Username


6. ORDERING PERSON INFORMATION 
Name/Surname/Title
Address
Phone
Fax
Email/Username


7. PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT INFORMATION
7.1. The basic features of the product(s)/service, such as type, quantity, brand/model, color, and quantity, are published on the Website. If the SELLER has organized a campaign, the basic features of the relevant product can be examined on the Website during the campaign period, and the campaign price will be valid for the periods published on the Website by the SELLER. In the event that the performance of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the consent of the BUYER in order to fulfill the performance obligation arising from the contract.

7.2. The listed prices and the prices announced on the Website are the sales prices. The announced prices and promises will remain valid until the SELLER makes an update or a change. Prices announced for a specific period are valid until the end of the specified period.

7.3. The sales price including all taxes of the product or service subject to the contract is indicated below.

 

Product Description

Quantity    

  Unit Price

Subtotal
(Including VAT)

Shipping Cost

Total :

Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method

 

7.4. The shipping cost, which is the shipping expense of the product, will be paid by the BUYER.


8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.


9. GENERAL PROVISIONS

9.1. The BUYER, by placing an order through the SELLER's website, acknowledges that they have read the basic qualities of the product subject to the contract, the sales price including all taxes and the payment method, the delivery time, and that the delivery expenses will be covered by the BUYER unless otherwise stated, as well as the full trade name, clear address, and contact information of the SELLER, and that they have been informed correctly and completely about the conditions for the exercise of the right of withdrawal and has provided the necessary confirmation electronically, accepts, declares, and undertakes.

9.2. By confirming this Agreement electronically, the BUYER acknowledges, declares, and undertakes that, before the conclusion of the distance sales contract, they have obtained accurate and complete information about the title, address, contact information to be provided by the SELLER to the BUYER, basic features of the ordered product(s), the price including all taxes of the product(s), payment and delivery information, the right of withdrawal, and the method and conditions of the exercise of the right of withdrawal.

9.3. The BUYER may communicate their requests and complaints using the communication channels specified above. Complaints and requests will be responded to promptly by the SELLER's customer service.

9.4. Within the period stated on the Website's preliminary information section, not exceeding 30 (thirty) days, each product subject to the contract will be delivered to the BUYER or the person and/or organization specified by the BUYER, depending on the distance of the BUYER's place of residence.

9.5. 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 for the refusal of the recipient to accept the delivery.

9.6. The SELLER is responsible for delivering the product subject to the contract in sound, complete, and in conformity with the essential qualifications declared in the order and, if any, the warranty documents, usage instructions, and other information and documents necessary for the work.

9.7. In case of technical errors or material errors during the stage of offering the product on the Website, such as errors in product price, product description, product quality, etc., the SELLER has the right to cancel the order and refund the collected amount to the BUYER in accordance with the relevant legislation.

9.8. The BUYER agrees that due to the handmade nature of the products presented on www.fersknit.com, there may be differences of up to ± %10 in weight, length, width, etc. characteristics due to the differences in the dimensions of the ordered products after production.

9.9. If it becomes impossible for the SELLER to fulfill the obligations of the contract for the product or service subject to the order, the SELLER shall notify the BUYER in writing or with a permanent data storage device within 3 (three) days from the date of learning of this situation, and within 14 (fourteen) days at the latest from the date of notification, the SELLER shall refund all payments, including the delivery expenses if any.

9.10. In case the performance of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the approval of the BUYER to fulfill the performance obligation arising from the contract.

9.11. If the BUYER's credit card, bank card, and/or other payment systems offered on the Website are not paid to the SELLER by the relevant bank or financial institution for reasons not arising from the BUYER's fault and in an unauthorized or unlawful manner, the BUYER must return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. The expenses related to the return of the product shall be borne by the BUYER.

9.12. In case the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather preventing transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of the BUYER's termination of the contract, the SELLER is obliged to refund all payments received, including delivery expenses, within 14 (fourteen) days at the latest, following the receipt of the termination notice.

9.13. Pursuant to the fourth paragraph of Article 16 of the Distance Contracts Regulation numbered 29188, which entered into force on 27.02.2015, in cases where it becomes impossible to fulfill the performance of the product or service subject to the order, the Seller or the provider is obliged to notify the consumer in writing or with a permanent data storage device within 3 (three) days from the date they learn about this situation and to refund all payments received, including the delivery expenses, within 14 (fourteen) days from the date of notification.

9.14. In cases where the BUYER exercises the right of withdrawal or if the product subject to the order cannot be supplied for various reasons or in cases where the Arbitration Committee decisions decide to refund the amount to the BUYER, if the purchase is made with a credit card and in installments, the SELLER pays the Bank the price of the product at once. If the BUYER pays in installments, the Bank refunds the BUYER in the same number of installments. In the case of payment by money transfer/EFT or cash on delivery, the return is made by asking the Consumer for bank account information, and the refund will be made to the account specified by the Consumer (it is required that the account is in the name of the person at the billing address or the user member). The BUYER acknowledges and agrees that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account, and that the reflection of this amount into the BUYER's account after the refund to the bank is entirely related to the bank transaction process and that the SELLER cannot be held responsible in this regard.

9.15. The SELLER has the right to reach the BUYER through the address, e-mail address, fixed and mobile phone lines, and other communication information provided by the BUYER on the registration form on the SELLER's Website, for communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER can carry out the above-mentioned communication activities towards the BUYER (to the extent permitted within the scope of the Personal Data Protection Law) on the Website.

9.16. The BUYER will check the product/service before receiving it; they will not accept damaged and defective products/services such as crushed, broken, torn packaging, etc. from the shipping company. The BUYER acknowledges that the product/service received is undamaged and sound. The obligation to protect the product/service carefully after delivery belongs to the BUYER.

9.17. The BUYER declares and undertakes that the personal and other related information provided to the SELLER when becoming a member of the SELLER's Website is accurate, and that they will compensate immediately and in cash all damages that the SELLER will suffer due to the discrepancy of this information upon the first notification by the SELLER.

9.18. The BUYER undertakes to comply with and not to violate the provisions of the legal legislation while using the SELLER's Website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will belong entirely and exclusively to the BUYER.

9.19. The BUYER may not use the SELLER's Website in any way that disrupts public order, is contrary to public morality, is disturbing and harassing to others, is for an unlawful purpose, and infringes on the material and spiritual rights of others. In addition, the member may not engage in any activities preventing or complicating others' use of the services (spam, virus, trojan horse, etc.) through forceful or harassment processes.

9.20. Through the Website owned by the SELLER, links to other websites and/or other content owned and/or operated by third parties may be provided. These links are placed to facilitate the redirection to the BUYER and do not support any website or the person operating that site and do not imply any guarantee regarding the information contained on the linked website.

9.21. The member who violates one or more of the items listed in this Agreement shall be personally responsible for this violation, both criminally and legally, and shall relieve the SELLER of all legal and criminal consequences of these violations. In addition, in the event of the violation being referred to the legal field, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.


10. RIGHT OF WITHDRAWAL

10.1. BUYER; in case of a distance contract related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the indicated address, it is necessary to notify the SELLER by phone and/or e-mail, and it is a condition that the product is not within the provisions of Article 15 titled "Exceptions to the Right of Withdrawal" of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 and is in a condition that can be put up for sale again by the SELLER. In the event of exercising this right:

a) The invoice of the product delivered to the 3rd party or the BUYER must be sent to the SELLER within 10 (ten) days (if the invoice of the product to be returned is corporate, if the corporate-issued return invoice is not issued, the product return cannot be completed by the SELLER).

b) Return form,

c) The products to be returned within 10 (ten) days from the date of the withdrawal request must be returned to the SELLER complete and undamaged, including the box, packaging, certificates, if any, gift products and accessories, along with gift vouchers. If any of these materials are not sent or damaged, even if it is caused by the shipping company, the price of the material will be deducted from the refund amount, and the return process will be completed. The BUYER should contact the SELLER through the contact information specified to learn the method to be followed for these procedures.

d) The SELLER is obliged to return the documents that put the BUYER under debt and to accept the return of the product within a period of 20 days.

e) In the event of the reduction of the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.

f) The carrier foreseen within the scope of the right of withdrawal is the shipping company determined by the Seller.

10.2. The SELLER shall return the product to the BUYER within 14 (fourteen) days at the latest from the date the withdrawal notification reaches them.


11. PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

a) Contracts related to goods prepared in accordance with the BUYER's requests or personal needs: When production is specially made in a different color than the one presented on the website at the request of the BUYER or in special orders given outside the ring size range, necklace and bracelet length presented on the internet site, including wedding rings with writing inside, and other products or when changes such as ring size, necklace, bracelet length, and model are made after the product is delivered to the BUYER at the request of the BUYER, these goods, which are specially produced according to the BUYER's special requests, fall within the scope of products for which the right of withdrawal cannot be used.

b) Contracts related to goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or provider.

c) Contracts for the delivery of perishable goods or goods that may expire.

d) Contracts for the delivery of goods with protective elements such as packaging, tape, seal, package opened after delivery, the return of which is not suitable for health and hygiene.

e) Contracts related to goods that are mixed with other products after delivery and cannot be separated by their nature.

f) Contracts related to books, digital content, and computer consumables presented in the physical environment, provided that the packaging, tape, seal, package, and other protective elements have been opened after the delivery of the goods.

g) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.

h) Contracts for the evaluation of leisure time for accommodation, goods transportation, car rental, food and beverage supply, and entertainment or relaxation purposes, to be made at a specific date or period.

i) Contracts related to non-material goods that are instantly performed electronically or delivered instantly to the consumer.

j) Contracts for services whose performance has started with the approval of the consumer before the expiry of the right of withdrawal.

k) Products delivered to an address outside the Turkish Customs Area as a result of the Buyer declaring a foreign delivery address are not within the scope of return.

 

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment transactions made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest in accordance with the credit card agreement between the cardholder bank and will be responsible to the bank. In this case, the relevant bank can resort to legal remedies; it can request expenses and attorney fees from the BUYER, and in any case, the BUYER accepts, declares, and undertakes that in case of default due to the delayed performance of the debt, they will pay the damages incurred by the SELLER due to the delayed performance of the debt.


13. APPLICATIONS REGARDING DISPUTES 

If the BUYER has any complaints regarding their order and/or the product subject to their order and/or any other matter related to their order, they can submit their complaints to the SELLER via the contact information specified above. The submitted complaint applications will be recorded, evaluated by the relevant units, and attempted to be resolved, and a return will be provided as soon as possible. In addition, the BUYER can submit their applications regarding their complaints and objections to the consumer problems arbitration committee or the consumer court in the place where they purchased the goods or services or where their residence is located within the monetary limits determined by the Ministry of Commerce of the Republic of Turkey every December.


14. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this agreement when making the payment for the order placed on the Site. The SELLER is responsible for making the necessary software arrangements to ensure that this agreement has been read and accepted by the BUYER on the site before the order is placed.

SELLER: Aliye Feryal Revanbahş

BUYER:

DATE: