Distance Sales Agreement

Distance Sales Agreement

 

(“Agreement”)

  1. PARTIES TO THE AGREEMENT

This Agreement hereby is by and between the Seller

Trade Name

:

DAGİ Giyim Sanayi ve Ticaret A.Ş.(hereinafter referred to as the "Seller".)

Taxpayer ID

:

2650527899 Boğaziçi Corporate Tax Office

Notification Address

:

Birahane Sok. Koç Plaza No: 3/1 Bomonti Şişli/İstanbul

E-mail

:

[email protected]

Phone

:

0212 240 40 65

Fax

:

0212 240 40 65

and the Customer

 

 

 

 

 

Name and Surname/ Trade Name

:

.........(hereinafter referred to as the "Customer".)

Notification Address

:

.........

E-mail

:

.........

Phone

:

.........

Fax

:

.........

upon the offer and acceptance reported via Internet on the date of ..........

(The Seller and the Customer will shall be hereinafter referred as “Party” individually, and “Parties” collectively.)

 

  1. SUBJECT OR THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the Parties regarding the sale and delivery of the products (“Product/Products”), which have the qualifications mentioned in the Agreement and the sales price of which is given in the Agreement, which the Customer has ordered electronically from the Seller's website (http://intl.dagi.com.tr) (“Website”) pursuant to the provisions of the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts No. 29188 (“Regulation”).

  1. CONTRACTUAL GOODS OR SERVICES, PAYMENT AND DELIVERY

Below are stated the type, quantity, brand, model, color and sales price of the Product or Products that are the subject of this Agreement, including VAT:

Product Name

Qty.

Price

(Including VAT)

Sub Total

.........

.........

.........

.........TL

.........

.........

.........

.........TL

.........

.........

.........

.........TL

Order processing and shipping fees

.........TL

Promotion / Discount

.........TL

Total (including VAT)

.........TL

Mode of payment

.........

Delivery address

.........

Recipient

.........

Invoice Address

.........

  1. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The customer accepts, declares and undertakes that the Customer has read the preliminary information form regarding the full trade name, full address and contact information of the Seller and is fully and accurately informed and gives the necessary approval in electronic environment about the characteristics of the Product(s) subjecting to this Agreement, the sales price including VAT, mode of payment, delivery terms, and that the delivery costs will be borne by the Customer.

4.2. The Customer agrees, declares and undertakes that he/she is aware of the basic characteristics, sales price, payment method, delivery conditions and all other preliminary information of the Product(s) subject to sale as well as the right of withdrawal, and confirmed this preliminary information electronically and then ordered the Product(s) in accordance with the provisions of this Contract hereby.

4.3. The Product(s) will be deliverd as soon as the stock is available and the price is transferred to the Seller's account. The Seller agrees, declares and undertakes to deliver the Product(s) to the Customer's delivery address specified in this Agreement within 30 (Thirty) days following the order.

4.4. The Seller agrees, declares and undertakes that the Seller is responsible for delivering the Product(s) subjecting to the Agreement to the Customer in full, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.5. If the Seller has determined and declared that the delivery fee of the shoppers who are above the figure announced on the Website will be covered by him/her or that s/he will deliver free of charge within the campaign, the delivery cost belongs to the Seller.

4.6. The customer will inspect the Product(s) subjecting to the Agreement during delivery but before taking delivery; and s/he will not receive damaged and defective Product(s) with dents, parts, torn packaging and the like from the shipping company.

4.7. The Customer agrees, declares and undertakes that the Product(s) s/he has received from the cargo company have been delivered to her/him in full, undamaged and intact. The Customer is obliged to carefully protect the Product(s) after delivery.

4.8. In case the bank or financial institution does not pay the price of the Product(s) to the Seller, due to the unfair or unlawful use of the Customer's credit card by unauthorized persons, after the delivery of the Product(s), by the parties, the Customer agrees, declares and undertakes that the Customer will be obliged to send the Product(s) delivered to him/her to the Seller within 3 (Three) days, and in this case, the delivery expenses will be borne by the Customer.

4.9. If, for any reason, the price of the Product(s) is not paid or the payment is canceled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Product(s) subjecting to this Agreement.

4.10. The Parties agree, declare and undertake that if the Product(s) will be delivered to a person/company other than the Customer, the Seller shall not be responsible if the said person/company does not accept the delivery.

4.11. If there is a justified reason, the Seller may supply other Product(s) of equal quality and price to the Customer before expiration of the performance period in the Agreement. If the Seller believes that the performance of the Product(s) has become impossible, s/he notifies the Customer before expiration of the Agreement.

4.12. The Seller may not be held responsible if the ordered Product(s) cannot be delivered to the Customer's delivery address stated in this Agreement for any problems that the cargo company that will deliver the Product(s) to the Customer will encounter at the stage of delivery.

4.13. If the Seller fails to fulfill its contractual obligations in the event that the delivery of the ordered Product(s) to the Customer becomes impossible, it shall notify the Customer of this situation before the expiry of the performance obligation arising from the Agreement and may supply the Customer with a different product of equal quality and price.

4.14. If the Seller is unable to deliver the Product(s) subjecting to the Agreement within the time limit due to force majeure or extraordinary circumstances such as weather opposition that prevents delivery, interruption of transportation, s/he is obliged to inform the Customer of the situation. In this case, the Customer may use one of the rights to cancel the order, replace the Product or Products with a precedent, if any, and/or postpone the delivery time until the elimination of the blocking situation.

4.15. If the Customer purchases by credit card and in installments, the installment format specified in this Agreement applies. For installment transactions, the relevant provisions of the agreement signed between the Customer and the Card issuing bank apply. The credit card payment date is determined by the provisions of the Agreement between the bank and the Customer. The Customer can also track the number of installments and payments from the account statement sent by the bank.

4.16. For payments made by the Customer by credit card, the amount of the product is returned to the relevant bank within 7 days after the cancellation of the order by the Customer. The reflection of this amount on the Customer's accounts after the refund to the bank is entirely related to the bank's transaction process, and it is not possible for the Seller to intervene in any way in this regard.

4.17. The Customer agrees, declares and undertakes that the Seller shall not be held responsible for any problems that may arise due to the Seller not reading this notice, before purchasing the product(s) subjecting to the campaign, through the Seller's website, before the Seller purchases the product(s) subjecting to the campaign.

4.18. In the case of technical problems not attributable to the Seller, such as applying a discount which is applied to a single product to more than one product, or representation of wrong price due to technical issues that may be experienced in the Internet system, in the sales made by the Seller over the Internet, the Seller reserves the right to cancel the sale made over incorrect pricing due to this technical problem. As stated in the article 4.17 of this agreement, the Customer, who has been notified of the sales conditions with the campaign, agrees, declares and undertakes that the Seller has the right to cancel the order given by the wrong pricing due to the technical problems experienced on the website.

  1. RIGHT OF WITHDRAWAL

5.1. The Customer has the right to withdraw the Product(s) within 14 (Fourteen) days from the date of delivery to the delivery address specified in this Agreement without having to give any reason.

5.2. In order to exercise the right of withdrawal, the Seller must be notified by fax, telephone or e-mail within a period of 14 (Fourteen) days and the Product(s) that are requested to be returned are unused and available for resale by the Seller again in accordance with the provisions set out in the Article 6 of this Agreement. In the case that the right of withdrawal is exercised:

  1. The invoice of the Product(s) delivered to the delivery address specified by the Customer in this Agreement (If the invoice of the Product(s) requested to be returned is a corporate invoice, it must be sent together with the return invoice issued by the corporation when returning. Order refunds invoiced on behalf of the corporations will not be completed unless a REFUND INVOICE is made out)
  2. Return form,

iii. Product's box, packaging, and standard accessories if any,

must be delivered to the Seller in full and undamaged.

5.3. Once those listed in the Article 5.2 are received by the Seller, the cost of the returned Product(s) will be refunded to the Customer.

5.4. All shipping costs of the Product(s) returned for any reason during the period, including shipping to the Customer, will be covered by the Seller.

5.5. When returning the Product or Products to the Seller, the original invoice submitted to the Customer at the time of delivery must also be returned to the Seller. If the invoice is not sent to the Seller together with the Product(s), or within 5 (Five) days after the Product(s) are sent at the latest, no refund will be made. The Product(s) will be sent back to the Customer in the same way on the basis of counter-payment.

5.6. "Return invoice" will be written on the invoice to be returned and signed by the Customer.

  1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

The right of withdrawal may not be exercised for products, of which protective elements such as packaging, tape, seal, package have been opened and which have been used, or which are not suitable for return in terms of health and hygiene. Furthermore, the right of withdrawal may not be used for products that are used in violation of the instructions for use, manufactured in accordance with the Buyer's specific requests and demands, or customized by making changes or additions to them.

  1. COMPETENT COURT

In disputes arising out of this agreement, Consumer Arbitration Committees and Consumer Courts in the Customer's settlement shall have jurisdiction up to the value declared by the Ministry of Industry and Trade.

  1. NOTIFICATIONS

All notifications and notices to be made under this Agreement shall be made to the addresses of the Parties stated in the Article 1 of this Agreement, by e-mail, annotated cargo, registered mail with return receipt or via notary public. The parties agree that their addresses stated in the Agreement are their respective legal notification addresses, and notifications to these addresses will be valid unless a change of address is notified to the other party five (5) business days in advance. All notifications made by the Seller under this Agreement shall be deemed to have been received by the Customer 1 (one) day after sending. All notifications to be sent by the Customer to the Seller under this Agreement shall be valid from the day they are deemed to have been served in accordance with Turkish Laws.

  1. FINAL PROVISIONS

This Agreement hereby consists of 9 (nine) articles and 6 (six) pages and it is signed by the Parties on .......... The invoice and the preliminary information form found on the payment page of http://www.dagi.com.tr are integral parts of this Agreement. The Parties agree, declare and undertake that they have read and accepted the entire content of this Agreement, and the information given herein is correct and all provisions of this agreement are valid. By approving this Agreement through the designated infrastructure of the Website, the Customer is deemed to have accepted all terms and conditions in the Agreement.

Seller

Customer

DAGİ Giyim Sanayi ve Ticaret A.Ş.

.........