Distance Sales Agreement

DISTANCE SALES AGREEMENT

 

  1. Parties
    1. Seller

Title: Tuba Ayşe Kadıoğlu / Carpesita

Address: Dirmil Mah. Kızılburun cad. No:16/6 Bodrum Muğla

Tax No: 40916106984

Phone: +90 532 4122849

Email: info@carpesita.com

    1. Buyer

Name Surname: [.]

Address: [.]

Phone: [.]

Email: [.]

  1. Definitions

Buyer: The person who purchases products sold through www.carpesita.com (“Platform”).

Law: Refers to Law No. 6502 on Consumer Protection.

Seller: Refers to the legal entity whose title and trade registry information are provided in Article 1.1 of the Agreement.

Platform: Refers to the website www.carpesita.com.

Preliminary Information Form: Refers to the informative text, an integral part of the Distance Sales Agreement, which aims to inform the Buyer about the Seller's detailed contact information, the basic characteristics of the service subject to sale, the sale price, the conditions for the right of withdrawal, and the method of use of the Product before payment.

Product: Refers to the product and/or product groups that constitute the content of the purchase subject to the Agreement.

Regulation: Refers to the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014.

 

  1. Purpose and Subject of the Agreement

The purpose and subject of the Agreement are related to the determination of the rights and obligations of the parties regarding the sale of products and product groups offered by the Seller to the Buyer through the Platform, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties acknowledge, declare, and undertake that they have carried out the sales transaction by knowing and understanding the terms and conditions in the Agreement, the Preliminary Information Form, which is an annex to the Agreement, and the invoice.

  1. Term and Validity of the Agreement

The Agreement comes into force upon the Buyer proceeding to the payment step after purchasing the selected product or products, carefully reviewing and electronically approving this Agreement and the Preliminary Information Form, and completing the payment transactions by entering card information. The legal periods regulated in the Agreement begin on the date the product is delivered to the Buyer and end at the end of the periods running from that date.

  1. Characteristics of the Product

 

Product Description

 

Quantity

 

Cash Price

 

Subtotal (Including VAT)

[.]

[.]

[.]

[.]

 

Product refers to all products and product groups displayed by the Seller on the Platform. The Buyer can see detailed information about the Product to be purchased on the Platform within the product's page and in the Preliminary Information Form approved before purchase.

  1. Rights and Obligations of the Parties
    1. The Buyer declares and undertakes that as of the date of the Agreement, they are 18 years old and do not have any condition that may require legal guardianship.
    2. The Buyer declares that they have read and understood the preliminary information loaded by the Seller regarding the basic characteristics, sales price, and payment method of the Product, and have given the necessary confirmation, approval, and explicit consent electronically.
    3. The Buyer accepts, declares, and undertakes that the information provided when becoming a member of the Platform is complete, full, and accurate, and that they will immediately compensate for any damages the Seller may incur due to this information being untrue.
    4. The Buyer may not provide or share the password and user information created on the Platform with other individuals or organizations. In the event that the Buyer's password is stolen and another person conducts transactions with the same password, the Buyer is obligated to make the payments resulting from such transactions completely and on time. For this reason, all liability that may arise and all claims and demands that may be put forward against the Seller by third parties or authorized authorities are reserved for the Seller's right to compensation and other demands.
    5. The Buyer accepts, declares, and undertakes that they cannot transfer their rights and obligations in the Agreement and other texts approved on the Platform to third parties. The Seller is not responsible for price errors arising from systemic and technical errors. In this case, the Seller reserves the right to unilaterally cancel the purchase made with incorrect pricing. If the Seller cancels the purchase made with incorrect prices, the fee paid by the Buyer will be refunded according to the fee refund procedures and conditions regulated in the Agreement.
    6. The Seller shall perform the subject of the order within a maximum of thirty days from the day the order is transmitted to them by the Buyer. This period can be extended by a maximum of ten days, provided that the Buyer is notified in writing or by a durable data carrier in advance. Delivery costs, shipping fees, and packaging fees belong to the buyer unless otherwise stated by the seller. Product delivery is made via cargo companies. The seller is not responsible for any disruptions experienced by the cargo company during the delivery of the products to the Buyer. In the event that the Buyer is not present at their address at the time of delivery, the Seller shall be deemed to have fulfilled its performance completely and fully. Therefore, any damage arising from the Buyer's late receipt of the product, as well as expenses incurred due to the product having waited at the cargo company and/or the cargo being returned to the Seller, shall also belong to the Buyer.
    7. The Seller accepts, declares, and undertakes that if the contractual product cannot be delivered within the period due to force majeure events such as events arising beyond the will of the parties, unforeseen and preventing and/or delaying the fulfillment of the parties' obligations, the Seller will notify the Buyer of the situation. The Buyer also has the right to request the cancellation of the order, the replacement of the contractual product with an equivalent if available, and/or the postponement of the delivery period until the preventing situation is eliminated. In the event that the Buyer cancels the order, for payments made by the Buyer in cash, the product amount is refunded to them in cash and in full within 14 days. For payments made by the Buyer with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the Buyer. The Buyer accepts, declares, and undertakes that the average process for the amount refunded 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 that the reflection of this amount in the Buyer's accounts after it is refunded to the bank is entirely related to the bank's transaction process, and therefore, the Buyer cannot hold the Seller responsible for possible delays. The unavailability of the goods in stock is not considered an impossibility of performance of the goods. In this case, the delivery period is extended for the time required to procure the product.
    8. If the parties mutually agree, or if it is determined that the product cannot be supplied within the provisions regulated in the Agreement or for a justified and reasonable reason, the Seller may supply another good or service of equal quality and price to the Buyer.
    9. The Buyer accepts, declares, and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and that if the price of the contractual product is not paid for any reason and/or canceled in bank records, the Seller's obligation to deliver the contractual product will cease. The Buyer accepts, declares, and undertakes that if the price of the contractual product is not paid to the Seller by the relevant bank or financial institution for any reason after the delivery of the contractual product to the Buyer or the person and/or organization indicated by the Buyer at the address, the Buyer will return the contractual product to the Seller within 3 days, with the shipping cost belonging to the Seller.
    10. In case it is determined that the documents and information provided for the order are incomplete, fake, and/or incorrect, or if there is a suspicion or detection that the order was placed with ill intent and/or for commercial and/or profit purposes, the Seller reserves the right to stop and/or cancel the order application at any time, provided that the Buyer is informed, in order to conduct necessary investigations. In case of cancellation, the refund process for the payment can be made by notifying the Buyer.
  2. Right of Withdrawal
    1. In distance contracts for the sale of goods, the Buyer may exercise their right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated, provided that they notify the Seller, under the terms and conditions regulated in this article, without incurring any legal or criminal liability and without giving any reason. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. By accepting this contract, the Buyer acknowledges that they have been informed about the right of withdrawal in advance.
    2. To exercise the right of withdrawal, a written notification must be sent to the Seller by registered mail with return receipt, fax, or email within the 14 (fourteen) day period, and the product must not have been used within the scope of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this agreement.
    3. If this right is exercised, 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 with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed unless a "Return Invoice" is issued.)
    4. The products to be returned must be delivered complete and undamaged, along with their box, packaging, standard accessories if any, and ancillary products sent as gifts by the Seller.
    5. The Seller is obliged to return the total price and the documents that put the Buyer under debt to the Buyer within a maximum of 10 days from the date the withdrawal notification reaches them and to take back the goods within 20 days.
    6. If there is a decrease in the value of the goods due to the Buyer's fault or if return becomes impossible, the Buyer is obliged to compensate the Seller's damages in proportion to their fault, and in this case, the Seller has the right not to take back the product. If the campaign limit amount determined by the Seller falls below due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
  3. Cases Where the Right of Withdrawal Cannot Be Exercised
    If the product or product groups provided by the Seller fall under the following provisions, the Buyer will not be able to exercise the right of withdrawal. In this case, any request from the Buyer within the scope of the right of withdrawal may not be accepted by the Seller.
    a) Contracts related to goods or services whose price varies depending on fluctuations in financial markets and are not under the control of the seller or provider.
    b) Contracts related to goods prepared according to the consumer's requests or personal needs.
    c) Contracts related to the delivery of perishable goods or goods whose expiration date may pass.
    d) Contracts related to the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
    e) Contracts related to goods that mix with other products after delivery and cannot be separated by nature.
    f) Contracts related to books, digital content, and computer consumables, data recording and data storage devices presented in a tangible environment if their packaging, tape, seal, package, etc., have been opened after delivery.
    g) Contracts related to the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription contract.
    h) Contracts related to accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be made on a specific date or period.
    i) Contracts related to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
    j) Contracts related to services whose performance has begun with the consumer's consent before the right of withdrawal period expires. For cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), their packaging must not be opened, tried, spoiled, or used for them to be returned.
  4. Resolution of Disputes and Applicable Law

Turkish Law will apply to the provisions and implementation of this Agreement.

Consumer Arbitration Committees and Consumer Courts are authorized in disputes arising from the Agreement. The Buyer can make their complaints and objections to the Consumer Arbitration Committee or Consumer Court in the place where they purchased the Product or where they reside, within the monetary limits stipulated by the current legislation. In the final resolution of disputes within the monetary limit, Muğla Courts and Enforcement Offices are authorized.

 

  1. Amendments and Validity

This Agreement has been read and understood by the parties and signed. The Buyer's signing is deemed to have occurred by selecting the approval option on the Platform and completing the payment transactions. The Seller may add new articles and/or subheadings, remove them, or change articles if deemed necessary. The Buyer declares and undertakes that they have accepted these changes in advance.

 

This Agreement, consisting of 10 (ten) articles, has been read by the Parties, concluded by the Buyer's electronic reading and selection of the approval option on the Platform, and has come into force immediately.