DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
Title: Duygu Derin E-Ticaret Şirketi
Address: Halaskargazi Mah. Rumeli Caddesi Nur Apt. No:35/37 D.8 K:4 Nişantaşı/İstanbul
E-mail : [email protected]
Name Surname / Title:
Turkish Identity Number:
ARTICLE 2 - SUBJECT OF THE AGREEMENT
2.1. The subject of this Distance Sales Contract (hereinafter referred to as the "Contract") is the subject of Article 3 of the Contract, which the BUYER orders electronically through the www.deepatelier.com website belonging to the SELLER, which has the qualifications mentioned in the contract. To determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the products whose content and sales price are specified in the article.
2.2. The BUYER accepts and declares in accordance with the provisions of this Agreement that he has information about the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. . The preliminary information and invoice on the www.deepatelier.com site are integral parts of this Agreement. The BUYER is deemed to have accepted all the terms of this Agreement at the time of the order.
The type and type, quantity, brand/model, color and sales price including all taxes of the product are as stated in the information on the promotion page of the product on the website www.deepatelier.com and on the invoice, which is considered an integral part of this Agreement. Seller is not responsible for price update errors due to technical reasons. Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period. The SELLER reserves the right to change the prices. 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.
2.3. The invoice will be sent via e-mail to the e-mail address given by the BUYER during the order in the form of an e-archive invoice. If it is not possible to send it in the form of an e-archive invoice, the invoice will be delivered to the BUYER together with the order.
ARTICLE 3- FEATURES OF THE PRODUCT
Name of the product
Total Price (Including VAT)
ARTICLE 4 - GENERAL PROVISIONS
4.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. The BUYER confirms the Preliminary Information electronically, accepts, declares and undertakes that the SELLER obtains the address required to be given to the BUYER' by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
4.2. The BUYER is responsible for inspecting the product subject to the contract before receiving it, 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. The responsibility of carefully protecting the product after delivery belongs to the BUYER.
4.3. Each product subject to the contract is delivered to the person and/or institution at the address indicated by the BUYER within 10-15 business days from the date of order. Cargo delivery times may vary depending on the distance of the BUYER' 's settlement. The SELLER cannot be held responsible for the delays that may occur in the cargo due to the distance of the BUYER's settlement. Delivery times of products to be sent abroad may vary. 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.
4.4. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and to perform the work within the principles of accuracy and honesty, with the information and documents required by the work, in accordance with the requirements of the legal legislation, free from all kinds of defects. In addition, it accepts, declares and undertakes to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
4.5. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
4.6. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
4.7. The BUYER accepts, declares and undertakes that he/she will confirm this Preliminary Information Form 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 end if the contract product price is not paid for any reason and/or it is canceled in the bank records.
4.8. The SELLER accepts, declares and undertakes to notify the BUYER' of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. If the product purchased by the BUYER cannot be delivered within 30 days, the BUYER's order may be cancelled. In this case, in the payments made by the BUYER in cash, the product amount is paid to him in cash and in one lump sum within 7 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
4.9. The right of withdrawal can only be exercised if the SELLER cannot supply the product due to force majeure reasons that cannot be foreseen in advance.
4.10. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the SITE belonging to the SELLER. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
4.11. The BUYER cannot use the SITE belonging to the SELLER in any way, in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot take actions that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
ARTICLE 5- PAYMENT OF THE PRODUCT PRICE
5.1. 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. The BUYER can also make the payment by transferring/eft to the bank account of the SELLER. For orders placed abroad, payment can also be made by western union. (For this, you can contact us from our contact information.)
5.2. Payment can be made with a credit card in a single payment, as well as a deferred payment 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 deferment of installments. Such campaigns are at the initiative of the Bank.
5.3. Since the futures sales are made only with the credit cards belonging to the Bank, the BUYER accepts, declares and undertakes that he will separately confirm the relevant interest rates and information about the default interest from the Bank and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.
ARTICLE 6 - USE OF THE RIGHT OF EXCHANGE
6.1. The BUYER may use the right to exchange the size or model of the product within 3 (three) days from the delivery of the product subject to sale to himself or to the person/organization at the address indicated. In order to exercise the right of exchange, a clear notification must be made to the SELLER by fax, e-mail or telephone within the same period. The e-archive invoice, or the invoice sent with the product, must be sent to the seller's address in a 'Buyer pays' manner, within 3 (three) days from the date on which the BUYER notifies that he/she has exercised his/her right of exchange. If this right is exercised, it is obligatory to return the original invoice for the delivered product in accordance with the tax legislation. If the original invoice is not sent, the right of exchange cannot be used.
6.2. Within 10 to 15 working days after the notification regarding the right of exchange is received by the SELLER, another product chosen by the BUYER or a different size of the same product is sent to the BUYER by the SELLER. When the BUYER wants to exchange with a different model, he is obliged to pay the price difference in case the product requested has a higher price. If the product for which the exchange is requested is less than the price of the product previously purchased, the SELLER is obliged to return the difference to the bank account number to be notified by the BUYER.
6.3. Since the products are evening dress models, the right of withdrawal cannot be used by the BUYER.
ARTICLE 7 - PRODUCTS AND SERVICES WITHOUT EXCHANGE RIGHT
a) Products that are determined to be used by the BUYER, that have any odor, perfume smell, that are torn, dismantled, damaged and/or used and dry-cleaned or modified,
b) Products prepared in line with the wishes or personal needs of the BUYER and on which personal modifications are made,
c) Products that are not suitable for exchange in terms of health and hygiene, if the package is opened by the BUYER after delivery to the BUYER,
d) It is not possible to exchange products that are mixed with other products after delivery and cannot be separated due to their nature.
Before the expiry of the right to barter, it is not possible to exercise the right regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
8.1. You are required to enter your contact information (such as name, address, telephone, e-mail address), financial information (credit card information, account number) and personal information (tax number, identification number, etc.) in the order form or member registration form for purchases made through the www.deepatelier.com address.
8.2. Contact information will only be used in order and member registration forms to communicate with our users when necessary, and to send news about our company (new products, campaigns, discounts, etc.). This information is never shared with third parties. Our users can delete their records from our system at any time.
8.3. Financial information will only be used for payment transactions, invoicing and processing if the user approves. This information is never shared with third parties.
8.4. Personal information will be used for our users to log in to our site and, if necessary, to verify the identity of the person. This information is never shared with third parties.
8.5. Contact information will be used for the order to reach the user. This information is shared only with the cargo company that will ensure the delivery of the order and is not shared with other third parties.
ARTICLE 9- PROTECTION OF PERSONAL INFORMATION
9.1. As www.deepatelier.com, we collect and process all your personal data you have provided to us within the scope of the Personal Data Protection Law No. 6698 (“Law”) and relevant legislation.
9.2. Your personal data is collected and processed in order to provide you with a better service in accordance with the legislation at the stages of ordering, invoicing, delivery and product promotions. Your name, address, telephone and identity information are shared only with the cargo company so that your order can reach you.
ARTICLE 10 - REQUEST AND COMPLAINT / LEGAL REMEDIES
10.1. The BUYER may notify the SELLER, verbally or in writing, of his requests and complaints regarding the product and sale, by using the above-mentioned addresses of the SELLER or by contacting the communication channels.
10.2. Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized in 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 11 – EFFECTIVENESS
When the BUYER makes the payment for the order placed on the SITE, it is deemed to have accepted all the terms of this AGREEMENT.