DISTANCE SALES AGREEMENT
1.Sides
This Agreement has been signed between the following parties in accordance with the terms and conditions set out below. dec.
A.”BUYER” ; (hereinafter referred to as “BUYER” in the contract)
B.”SELLER” ; (hereinafter referred to as “SELLER” in the contract)
COMPANY NAME: Green Shoping Dış Ticaret LTD. ŞTİ
ADDRESS: Mahmutbey Mah. Taşoğcağı Yolu Caddesi Polat Tower No:1 İç Kapı No:29 Bağcılar/İstanbul
WEBSITE: https://bergiss.com
By accepting this agreement, the BUYER agrees in advance that if he confirms the order subject to the contract, he will be obliged to pay the october subject to the order and the additional fees specified, such as shipping fees, taxes, if any, and that he has been informed about it.
2.Definitions
In the application and interpretation of this agreement, the following terms will refer to the written statements against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (RG:27.11.2014/29188)
SERVICE: The subject of all types of consumer transactions other than providing goods that are made or committed for a fee or benefit ,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or on account of the seller of goods,
BUYER: A natural or legal person who acquires, uses or uses a good or service for commercial or non-professional purposes,
SITE: The SELLER’s website,
ORDERING PERSON: A natural or legal person who requests a product or service through the SELLER’s website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and DEC BUYER,
GOODS: Refers to movable property that is the subject of shopping, as well as software, audio, video and similar intangible goods prepared for use in electronic media.
3. Subject
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts in relation to the sale and delivery of the product specified below, the qualifications and sale price of which the BUYER has ordered electronically via the SELLER’s website.
The prices listed and announced on the site are the sale price. The announced prices and promises are valid until the update is made and changed. The prices announced for the period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Green Shoping Dış Ticaret LTD. ŞTİ.
Address: Mahmutbey Mah. Taşoğcağı Yolu Caddesi Polat Tower No:1 İç Kapı No:29 Bağcılar/İstanbul
Phone: +90 544 935 31 10
Email: info@bergiss.com
5. BUYER INFORMATION
(THE FOLLOWING INFORMATION WILL BE BASED ON THE INFORMATION PROVIDED BY THE BUYER ON THE SALES PAGE.)
Contact person to be delivered, Delivery Address, Phone, Fax, email/username,
6. ORDERING CONTACT INFORMATION
(THE FOLLOWING INFORMATION WILL BE BASED ON THE INFORMATION PROVIDED BY THE BUYER ON THE SALES PAGE.)
Name/Surname/Title, Address, Phone, Fax, e-mail/user name
7. INFORMATION ABOUT THE PRODUCTS /PRODUCTS SUBJECT TO THE CONTRACT
7.1. The basic characteristics of the Product /Product / Products/ Service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If a campaign has been organized by the seller, you can review the main features of the relevant product during the campaign. It is valid until the date of the campaign.
7.2. The prices listed and announced on the site are the sale price. The announced prices and promises are valid until the update is made and changed. The prices announced for the period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
For the following information, the information contained in the user information is valid if the user has logged in as a member. If the user placed the order without logging in as a member, the information specified on the payment page will be based on.
Product Description, Qty, Unit Price, Dec Total(Including VAT), Shipping Amount, Total(Including VAT), Payment Method and Plan, Delivery Address, Person to be delivered, Billing Address, Order Date, Delivery Date, Delivery method
7.4. The shipping fee for the product shipment will be as indicated on the Order page
8. BILLING INFORMATION
(THE FOLLOWING INFORMATION WILL BE BASED ON THE INFORMATION PROVIDED BY THE BUYER ON THE SALES PAGE.)
Name/Surname/Title, Address, Phone, Fax, e-mail/user name
Invoice delivery: The invoice will be delivered together with the order to the invoice address during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER agrees, declares and undertakes that he has read the basic characteristics of the product subject to the contract, the sales price and payment method, as well as the preliminary information about delivery on the SELLER’s website, has information, and has given the necessary confirmation electronically. The addressee’s; Preliminary information electronically to verify before the establishment of the distance sales contract by the seller, the buyer’ or the address on the order of the products required for the basic features of the product price including taxes, payment and delivery information that is acquired is accepted as correct and complete.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed 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 must complete the product subject to the contract, the appropriate qualifications in order, and, if available, warranty documents, user manuals to deliver the information and documents that are fundamental to business, as you call any shame in accordance with the requirements of the legislative solid, within the principles of honesty and accuracy in compliance with the standards to perform the upgrade during the execution of the works and keeping the quality of service necessary to show care and attention, to act with prudence and foresight is accepted.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the expiration of the contractual performance obligation.
9.5. Vendor, product or service in case of fulfillment of the imkansizlasmas, fails to fulfill the contractual obligations, this situation will notify the consumer in writing within 3 days from the date of knowledge, within a period of 14 days, we will refund the total cost to the buyer undertakes to accept that.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the product subject to the contract is not paid for any reason and /or cancelled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
9.7. If the BUYER does not pay the price of the product subject to the contract to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER’s credit card after delivery of the product subject to the Contract to the person and/ or organization at the address indicated by the BUYER or the BUYER, the BUYER agrees, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days with the cost of transportation belonging to the SELLER.
9.8. Beyond the control of seller parties, unforeseeable and debts of the parties fulfill blocker and/or cases of force majeure, such as retardant due to the formation of the product subject to the contract if it does not deliver within the period of the buyer to notify agrees, declares and undertakes. The BUYER also has the right to request the SELLER to cancel the order, replace the product subject to the contract with a precedent, if any, and/ or postpone the delivery time until the elimination of the blocking situation. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and repeatedly within 14 days for payments made by the BUYER in cash. If the BUYER makes payments by credit card, the amount of the product will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned by the SELLER to the credit card in the BUYER’s account by the bank may take 2-3 weeks, and since the reflection of this amount in the BUYER’s accounts after the refund to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The site itself or the seller by the buyer specified in the registration form later updated by address, e-mail address, fixed and mobile telephone lines and other communication based on the information letter, e-mail, SMS, phone calls and other means of Communication, Marketing, reporting to the recipient has the right to access and for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities for him.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, torn packaging, etc. it will not take delivery of damaged and defective goods/services from the cargo company. The delivered goods/services will be considered to be undamaged and intact. The BUYER is responsible for the careful protection of the goods/services after delivery. Goods/services should not be used if the right of withdrawal is to be exercised. The invoice must be returned.
9.11. That was used during your order with credit card holder, the buyer is not the same person, or before the submission of the product to buyer, the order in relation to the credit card that was used for vulnerability detection in the case of the seller, the credit card holder’s identity and contact information of the credit card used in the order that was on the previous month’s statement from the bank or card holder may request the recipient to submit the article that own a credit card. The order will be frozen in the time it takes until the BUYER provides the information / documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order. jul.
9.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER when registering on the website is in accordance with the truth, that the SELLER will immediately, in cash and repeatedly compensate all damages that it will incur due to the untruth of this information, upon the SELLER’s first notification.
9.13. The BUYER agrees and undertakes from the very beginning to comply with the provisions of legal legislation and not to violate them when using the SELLER’s website. Otherwise, all civil and criminal obligations that will arise will be fully and exclusively attributed to the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way in a way that violates public order, violates general morality, offends and harasses others, violates the material and moral rights of others for a purpose contrary to the law. In addition, the member may prevent or prevent others from using the services (spam, virus, trojan horse, etc.) cannot be involved in transactions.
9.15. Links to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER and/or otherwise may be provided through the SELLER’s website. These links have been placed to provide ease of redirection to the RECIPIENT and do not support any website or the person operating that site and do not constitute any warranty for the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this agreement is personally and criminally liable for this violation and will keep the SELLER free of the civil and criminal consequences of these violations. In addition, if the incident is transferred to the legal field due to this violation, the SELLER reserves the right to file a claim for compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise his right to withdraw from the contract by refusing the goods without any civil and criminal liability and without any justification, provided that he informs the SELLER within 14 (fourteen) days from the date of delivery of the product to him or the person/organization at the address indicated, if the distance contract relates to the sale of the goods. As for distance contracts for the provision of services, this period begins from the date of signing the contract. Before the expiration of the right of withdrawal period, the right of withdrawal may not be used in service contracts that have been initiated with the approval of the consumer to perform the service. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he has been informed of the right to withdraw.
10.2. The use of the right of withdrawal for 14 (fourteen) day period, the seller or by certified mail, fax or email to be notified in writing by this agreement, the right of withdrawal and the product can’t be used in products that “it is imperative that provisions be used under. If this right is exercised,
a) 3. if the invoice of the product delivered to the person or the BUYER is corporate (the invoice of the product that is requested to be returned), it must be sent together with the return invoice issued by the institution when returning. Order refunds issued on behalf of the billing institutions will not be completed unless the RETURN INVOICE is deducted.)
b) Return form,
c) The products to be returned must be delivered in a complete and undamaged condition with a box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within 10 days at the latest from the date of receipt of the withdrawal notification to the BUYER and to return the goods within 20 days.
e) If there is a decrease in the value of the goods for some reason caused by the BUYER’s defect or if a refund becomes impossible, the BUYER is obliged to compensate the SELLER’s damages at the rate of defect. However, the BUYER is not responsible for changes and disruptions caused by the proper use of the product or product during the right of withdrawal period.
f) If the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Or according to buyer’s request needs to be sent back to be generated and available in clearly personal, non-lower parts underwear, swimsuits, bikini bottoms, makeup, disposable products, which are likely to pass or goods are in danger of fast degradation is delivered to buyer after the expiration date, to be returned if the packaging is opened by the client in terms of Health and hygiene products that are not appropriate, delivery, and mixed with other products after products that cannot be distinguished by the nature of the subscription agreement, except as provided under, periodicals such as newspapers and magazines for goods, or services performed instantly in electronic environment intangible goods that are delivered to the consumer with video or audio records, books, digital content, software programs, and data storage devices to store data, computer consumables, packaging has been opened by the purchaser, if a refund according to the regulation, it is not possible. In addition, it is also not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer before the expiration of the right of withdrawal period in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCD, CDs and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) in order to be returned, their packaging must be unopened, untested, intact and unused.
12. DEFAULT STATUS AND LEGAL CONSEQUENCES
BUYER, in the case of payment transactions made with your credit card, the stoppage in case of the credit card agreement between the cardholder’s bank that will be responsible to pay the interest within the framework of the bank is accepted. In this case, the relevant bank may apply for legal remedies; it may charge the BUYER for the costs and power of attorney that will arise, and in case of default on the BUYER’s debt in all circumstances, the BUYER agrees, declares and undertakes that he will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt
13. COMPETENT COURT
In disputes arising out of this agreement, complaints and objections will be filed with the arbitration committee for consumer issues or the consumer court at the location of the consumer’s settlement or the place where the consumer transaction was made within the monetary limits specified in the following law. The following is the information on the monetary limit:
effective from 01/01/2017, the value of applications to consumer arbitration committees for 2017:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish liras and 3,610 (three thousand six hundred dec) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred ten) Turkish liras in the centers of provinces that do not have metropolitan status,
ç) Provincial consumer arbitration committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred dec) Turkish Liras in districts affiliated to provinces that are not under metropolitan status.
This Agreement is made for commercial purposes.
14. FORCE
The BUYER is deemed to have accepted all the terms of this agreement when he makes the payment for the order he placed through the Site. The SELLER is obliged to make the necessary software arrangements in such a way as to receive confirmation that this agreement has been read and accepted by the BUYER on the site prior to the fulfillment of the order.
SELLER: Bergiss Fashion LLC
BUYER: (THE INFORMATION PROVIDED BY THE BUYER ON THE SALES PAGE WILL BE BASED ON.)
DATE: (THE INFORMATION PROVIDED BY THE BUYER ON THE SALES PAGE WILL BE BASED ON.)