Distance Sales Contract
1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
BUYER: (hereinafter referred to as "BUYER" in the agreement)
SELLER: (hereinafter referred to as "SELLER" in the agreement)
By accepting this agreement, BUYER accepts in advance that if the order subject to the agreement is approved, he/she will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that he/she has been informed about this.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below will refer to the written explanations opposite 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 (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the one offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and BUYER contract,
GOODS: It refers to the movable goods that are the subject of the transaction and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3.TOPIC
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically via the SELLER's website. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Color Reflect, founded by AES Design and Consultancy
Address: Beşiktaş / Istanbul
Email: info@colorreflect.co
5. BUYER INFORMATION
Person to be delivered
Delivery Address
Phone
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Email/username
7. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically 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, will be shown.
Payment Method and Plan
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, is informed and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that he/she has correctly and completely obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information by confirming the Preliminary Information electronically.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by 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. SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, to perform the job in accordance with the standards and in accordance with the principles of honesty and integrity, free from all kinds of defects and in accordance with the requirements of the legal legislation, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with caution and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. SELLER accepts, declares and undertakes that if it cannot fulfill its obligations subject to the contract in case the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is canceled in bank records for any reason, the SELLER's obligation to deliver the contractual product will end.
9.7. The BUYER accepts, declares and undertakes that if the contractual product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs of which will be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER of the situation if it cannot deliver the contractual product within the specified period due to force majeure events such as situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER that the order be canceled, the contractual product be replaced with a similar one, if any, and/or the delivery period be postponed until the impeding situation is eliminated. In the event that the order is canceled by the BUYER, in payments made by cash by the BUYER, the product amount shall be paid to the BUYER in cash and in a lump sum within 14 days. In payments made by the BUYER by credit card, the product amount shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays. 9.9. SELLER has the right to reach BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other communication information specified by BUYER in the site registration form or updated by him/her later. BUYER accepts and declares that SELLER may engage in the communication activities specified above towards him/her by accepting this contract.
9.10. BUYER will inspect the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received will be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.
9.11. If BUYER and the credit card holder used during the order are not the same person or the product
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal. 10.2. In order to exercise the right of withdrawal, it is required that a written notification is made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercise of this right,
a) The invoice of the product delivered to the 3rd party 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. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their boxes, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the notice of withdrawal and to receive the return of the goods within a period of 20 days.
e) If the value of the goods decreases due to a reason caused by the fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product during the right of withdrawal period. f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the request of the BUYER or clearly in line with their personal needs and are not suitable for return, products that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if their packaging is opened by the BUYER. In addition, it is not possible to use the right of withdrawal regarding services that were started to be performed with the approval of the consumer before the expiration of the right of withdrawal period, according to the Regulation. In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER defaults in the payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, the Consumer Arbitration Committees at the Buyer's place of residence shall have jurisdiction up to the value declared by the Ministry of Customs and Trade each year, and the Consumer Courts shall have jurisdiction over disputes above the said value.
14. ENFORCEMENT
This Agreement is concluded and enters into force on the date when the BUYER electronically approves it and then clicks the “Confirm Order” button.
SELLER: AES Design Design and Consultancy
BUYER