Distance Sales Contract

Distance Sales Contract

DEFINITIONS

WEBSITE: The medium through which the SELLER sells its Products and Services to the Consumer over the internet and is represented as www.cottonhali.com in this agreement.

SELLER: The companies within Cotton Halı are currently COTTON HALI TEXTILE IND. TRADE LTD. ŞTİ.

PRODUCT/PRODUCTS: Includes all goods and services sold to CONSUMERS on the WEBSITE.

CONSUMER: Refers to persons who order PRODUCTS via the WEBSITE.

CONTRACT: Contains the terms and obligations of the sales transaction made by the SELLER to the CONSUMER via the WEBSITE.

This Agreement regulates the rights and obligations of the parties regarding the sale-delivery of the following products/services ("Products") to the Consumer, which the Consumer wishes to purchase by placing an order on the SELLER's WEBSITE, and other matters, including the cases where the Consumer makes transactions using the application on his/her mobile device. After the Consumer approves this Agreement on the WEBSITE, the price and expenses of the Product(s) he/she orders will be collected through the payment method he/she chooses.

Article 1 - PARTIES

SALES PERSON:
Title COTTON CARPET TEXTILE IND. TRADE CO. LTD.
Address: Zafer District Turgut Ozal Street No:69 Buca/Izmir
Telephone: 0 (232) 443 08 48
Bank account:

BANK : VAKIFBANK

BRANCH: GIRNE BOULEVARD (950)

IBAN: TR94 0001 5001 5800 7312 6822 65

CONSUMER:
Title
Address:
Telephone:
Bank account:

 

Article 2: CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY

The Type and Kind of Products (goods/services), Quantity, Brand/Model/Color, Unit Price(s) and Sales Price, Payment (collection) Information and Delivery Information including the delivery location notified by the Consumer are as stated below. If the cargo company that will make the delivery does not have a branch in the location of the Consumer, the Consumer must collect the delivery from another branch close to be notified by the SELLER (The necessary information to the Consumer in this regard will be provided by e-mail/mail, SMS or telephone). Other issues regarding delivery are specified in Article 7 of the Contract below.

PRODUCT: UNIT PRICE: PIECE: TOTAL:
Order processing and shipping fees
TOTAL PAYMENT

 

DELIVERY INFORMATION:
Name, Surname/Title:
Address:
Telephone:
Email:

 

BILLING INFORMATION:
Name, Surname/Title:
Address:
Telephone:
Email:
 

Article 3 - MATTERS ABOUT WHICH THE CONSUMER WAS INFORMED IN ADVANCE

The Consumer confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages and sections of the WEBSITE before the acceptance and establishment of this Agreement by the Consumer on the WEBSITE and before placing an order and assuming the payment obligation.

-- SELLER's title, contact information and current introductory information,
-- Appropriate tools and methods for the stages of the sales process during the purchase of the Product(s) from the WEBSITE and for the correction of incorrectly entered information,
-- Electronic contact information where the SELLER can obtain information on the Professional Chamber (Izmir Chamber of Commerce) to which the SELLER is a member and the rules of conduct stipulated by IZTO regarding the profession (Phone: 4449292, www.izto.org.tr)

-- Privacy, data usage-processing and electronic communication rules for Consumer information applied by the SELLER, and the permissions given by the Consumer to the SELLER in these matters, the legal rights of the Consumer, the rights of the SELLER and the methods of exercising the rights of the parties,
-- Shipping restrictions for the products as set forth by the SELLER,
-- Payment methods and instruments accepted by the SELLER for the Product(s) subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the Consumer to the SELLER, including relevant expenses),
-- Information on the procedures for delivering the Products to the Consumer and shipping-delivery-cargo costs,
-- Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,
-- Products and other goods and services for which the Consumer does not have the right of withdrawal,
-- In cases where the Consumer has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the Consumer will lose his right of withdrawal if the right is not exercised within the time limit,
-- For Products with a right of withdrawal, if the Product is damaged or changes due to not being used in accordance with the instructions for use, its normal operation or technical specifications within the withdrawal period, the Consumer's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may collect an amount it deems appropriate for the damage or change in question as a deduction (set-off) from the refund to be made to the Consumer.
-- In cases where the right of withdrawal exists (in other relevant cases), how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for reward points, gift vouchers, free products and other free/discounted opportunities provided by the Consumer during the return),
-- If the Consumer is a legal entity, he/she cannot use his/her "consumer rights", especially the right of withdrawal, for the Products he/she purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
-- Depending on its nature, this Agreement and all other sales conditions included in this Agreement can be stored and accessed by the Consumer for a period of time as it is sent to the Consumer via e-mail after being approved and established by the Consumer on the WEBSITE, and the SELLER can store it for a period of three years.
-- Procedures and practices regarding privacy, personal data and electronic commercial communications,
-- In case of dispute, the Consumer can submit their complaints to the SELLER through the contact information and make their legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4 - RIGHT OF WITHDRAWAL

The Consumer has the right to withdraw from the order-Agreement without any penalty within fourteen (14) days from the date of receipt of the Product, without giving any justification.

In cases where there is a legal right of withdrawal, the Consumer is legally responsible for deformations and damages that occur due to failure to use the product in accordance with its characteristics and usage instructions within the withdrawal period, and may therefore lose his right of withdrawal regarding the Product.

If the Consumer exercises his/her right of withdrawal, he/she can have the relevant Product sent to the SELLER free of charge, with the Buyer paying, by Yurtiçi Kargo, the contracted cargo company.

The explicit notification of withdrawal can be made to our contact addresses above, via web request form, e-mail, telephone, etc. In case of exercising this right, the original invoice must be returned with a copy of the cargo delivery report stating that the Product was sent to the SELLER, a return invoice must be issued for Product returns whose invoices are issued in the name of institutions, and the Products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.

In cases where there is a right of withdrawal, it is sufficient for the Consumer to send a clear notification to the SELLER (verbally/written to the contact addresses specified above) within the legal 14-day period regarding the exercise of the right of withdrawal. In case the said right is exercised within the period, the Product must be sent to the SELLER's address above within a maximum of ten (10) days, with the expenses to be borne by the Consumer. If a contracted cargo company is specified on the WEBSITE for product returns, the Consumer can send the Product from a branch within or outside the District where the Consumer is located, in which case no expense will be charged to the Consumer.

In addition, in accordance with tax legislation, in addition to the cases where a Return Invoice must be issued by the Consumer by law, the section regarding the return specified below must be filled in and signed on the invoice to be returned with the Product. Returns of orders whose invoices are issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued.

Provided that the above-mentioned requirements are fulfilled by the Consumer, the price of the Product and, if any, the delivery costs of the Product to the Consumer will be refunded to the Consumer in accordance with the payment method used when purchasing the Product, within 14 days from the date on which the notice of withdrawal reaches the SELLER.

The legal rights and responsibilities of the Consumer after the withdrawal period regarding the Products and the rights and responsibilities of the SELLER, including contractual and legal collection and offset rights, including those regarding reward points, gift vouchers and free opportunities from the Consumer, are also available and valid.

ARTICLE 5 – SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE CONSUMER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR USES REWARD POINTS AND MAKE PAYMENTS TO THE SELLER

5.1. In the presence of a current agreement-contract between an organization that provides reward points etc. and the Consumer and the SELLER, which allows reward points to provide discounts etc. in purchases from the SELLER's WEBSITE, if the Consumer has earned such reward points due to the shopping subject to this Agreement as a requirement of the SELLER's said agreement and his/her own contract with the said organization, in cases where this Agreement is withdrawn or otherwise terminated/order cancelled and a refund is made to the Consumer, the amount (monetary value) of the reward points, gifts and similar earned by the Consumer through the purchase subject to this Agreement shall be taken back from the Consumer.

Namely; this refund process is carried out by deducting (offsetting) the amount to be refunded by the SELLER to the Consumer, if the Consumer has sufficient other reward points (excluding the reward points earned through the shopping subject to this Agreement) at the said institution-system, unless a different method is foreseen in the SELLER's agreement with the relevant institution.

5.2. If the payment to the SELLER is made partially/fully with reward points etc. by the Consumer during the Product purchase subject to this Agreement, and the Product purchased in this manner is to be returned in a way that the Product price will be refunded to the Consumer in accordance with the relevant provisions of this Agreement, the reward points and similar that the Consumer used with the SELLER while purchasing the Product on the WEBSITE may be returned to the Consumer (again as points) unless the SELLER has a different agreement with the relevant institution.

5.3. As a general rule, in cases where any unfair earning or use of reward points by the Consumer is detected, the monetary value-amount of the reward points in question can be collected from the Consumer by the SELLER (via credit card, cash or other legal methods). This provision also applies to the price of the goods given as a gift by the SELLER to the Consumer as a result of the application of such a system.

5.4. Other issues related to the acquisition and use of reward points and similar items are subject to the provisions of the agreements-contracts between the relevant institution and the Consumer and the SELLER, and in relevant cases, the SELLER may use all rights-authorities specified herein and in the aforementioned agreements-contracts with the Consumer and the institution, and may also carry out the relevant transactions on behalf of and/or on behalf of the specified institution and/or other workplaces in the same system.

5.5. Cash requests in return for reward points, gift vouchers, etc. earned from or used by the SELLER will not be accepted under any circumstances.

5.6. SELLER does not accept any liability for disputes between the Consumer and the above-mentioned institutions and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.

5.7. The above provisions shall also apply analogously to the earning and use of reward points, if any, obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use their reward points etc. in their payments to the SELLER, thus the Consumer shall (also) accept the above special conditions.

ARTICLE 6 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.

6.1. Necessary measures for the security of the information and transactions entered by the Consumer on the WEBSITE have been taken in the system infrastructure on the SELLER side, in accordance with the current technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the Consumer's device, the Consumer is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it from being accessed by unrelated persons.

6.2. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications provided by the Consumer in other ways; the information obtained during the Consumer's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways by the SELLER, its affiliates and future subsidiaries, affiliated companies, partners, successors and/or third parties/organizations determined by them for the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications indefinitely or for a period they may foresee by the specified ones and their successors. These data may also be forwarded to the relevant Authorities and Courts when required by law. The consumer consents and allows the use, sharing and processing of his/her current and new personal and non-personal information, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and the sending of commercial and non-commercial electronic and other communications to him/her within the above scope.

6.3. The consumer may stop the data usage-processing by reaching the SELLER through the specified communication channels and/or by using the right of rejection in electronic communications sent to him/her at any time. According to the clear notification of the consumer in this regard, personal data transactions and/or communications to the consumer are stopped within the legal maximum period; in addition, if the consumer wishes, the information other than those legally required to be preserved and/or possible is deleted from the data recording system or anonymized in a way that prevents identification. If the consumer wishes, he/she may always apply to the SELLER through the communication channels above and receive information on matters such as transactions regarding the processing of his/her personal data, the persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by analyzing it with automatic systems, and compensation in case of damages due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the consumer.

6.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual and industrial property rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.

6.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.

6.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

Article 7 - GENERAL PROVISIONS

7.1. The Product subject to the contract is delivered to the Consumer or the third person/organization at the address indicated on the WEBSITE in accordance with the principles specified below, provided that the legal 30-day period is not exceeded. The SELLER sends and delivers the Products through a contracted cargo company for its shipments. If this cargo company does not have a branch in the location where the Consumer is located, the Consumer must receive the Product from another branch of the cargo company notified by the SELLER.

Products in stock are planned to be delivered to cargo within three (3) business days at the latest from the date of order. However, if there are Products to be procured from stores or external warehouses within the same order, it is planned to deliver all products in the order to cargo within seven (7) business days. The specified periods are notified to the Consumer at the shopping cart stage and are also specified in the informative e-mail sent after the order is completed. If these estimated periods are extended, the Consumer will be notified separately by the SELLER. Cargo Companies deliver the shipments they receive from the SELLER to consumers within an average of 2 (two) business days under normal conditions, although they vary depending on the distance.

7.2 In general and unless otherwise explicitly stated, delivery costs (shipping costs etc.) belong to the Consumer. The SELLER may not reflect all or part of the delivery costs to the Consumer depending on the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE. In cases where the right of withdrawal is used for all of the ordered products or for a part of them (which the Consumer benefits from), if the minimum shopping amount falls below the SELLER free shipping (delivery) campaign, the entire delivery-shipping fee not collected within the scope of the campaign will be deducted from the amount to be returned to the Consumer and collected (in cases where the Consumer pays the delivery-shipping fee, this fee will be returned).

Similarly, in cases where the Consumer purchases a discount or a free (gift) product of the same nature by shopping for the minimum amount of any SELLER campaign or in all cases where the Consumer wins/uses a gift voucher, if the right of withdrawal is used for all or part of the ordered products and the minimum price is dropped or the gift voucher earning/use condition is eliminated in any way, thus, in general terms, if the conditions for benefiting from the campaign / gift voucher earning or use are violated/not complied with by the Consumer, the entirety of the said discount (and also the gift product price, if any) is deducted from the amount to be returned to the Consumer and collected; If the Consumer has won a (virtual/physical) gift voucher due to shopping, this voucher is cancelled, if the Consumer has used a (virtual or physical) gift voucher, the entirety of the voucher price is deducted from the amount to be returned to the Consumer.

These provisions apply in the same way to all other cases where the product is returned, except for defective products, as well as to cases where the right of withdrawal is exercised.

7.3. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER will inform the Consumer about the delivery. In this case, the Consumer may cancel the order, order a similar product or wait until the extraordinary situation ends.

7.4. In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.

7.5. If the Consumer is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the Consumer's responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/organization other than the Consumer, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery.
In such cases, all kinds of damages arising from the Consumer receiving the Product late, as well as the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the SELLER, belong to the Consumer.

7.6. The Consumer is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the SELLER will not accept any liability.

7.7. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the Contract, if the Product price has been collected, it will be returned to the Consumer within a maximum of 14 days. The requirements of the following rule are reserved. The return will be made in accordance with the payment instrument used by the Consumer to pay the Product price to the SELLER. For example, in credit card payments, the return transaction will be made by returning the Product to the Consumer's credit card and the Product amount will be returned to the relevant bank within the same period after the order is cancelled by the Consumer; since the reflection of this amount to the Consumer's account after the return transaction is made by the SELLER to the bank is completely related to the bank transaction process, the Consumer accepts in advance that the SELLER will not be able to intervene and assume any responsibility for possible delays (the process of banks reflecting the return to the Consumer's account can usually take up to three weeks).
The SELLER has and reserves the rights of offset, discount and deduction arising from this Agreement and the law for the amount to be returned. The legal rights of the Consumer regarding the cases where the Agreement is terminated by the Consumer due to the SELLER's failure to perform its obligations are also reserved and available.

7.8. The Consumer may notify the SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by reaching the SELLER through the communication channels in the introduction section of the Contract.

7.9. If the SELLER understands that it cannot supply the Product subject to the Contract, it may supply another good/service of equal quality and price, provided that it clearly informs the Consumer within three (3) days from the date of learning of this situation in a legal manner and obtains his/her verbal/written approval, and is deemed to have fulfilled the commitment subject to the Contract. The Consumer is free to give or not give the said approval in all respects, and in cases where he/she does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.

7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information viewed/approved by the Consumer on the WEBSITE, as well as in the information pages/sections of the WEBSITE (sales stages or general, depending on the interest).

7.11. The Consumer can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his/her device, as they are sent to the e-mail address he/she provided after acceptance. On the other hand, they are kept in the systems of the SELLER for a period of three years.

7.12. Unless otherwise stated in writing by the SELLER, the Consumer shall pay the full price before receiving the Product.

In case of cash sales, if the Product price is not paid to the SELLER in full before delivery, or in case of installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card was used does not pay the Product price to the SELLER or requests the amount paid back, the Product shall be returned to the SELLER by the Consumer within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the Consumer, the shipping costs shall be covered by the Consumer. All other contractual and legal rights of the SELLER, including the right to pursue the receivable of the Product price without accepting the return, are reserved separately and in any case.
For the avoidance of doubt; in cases where the Consumer pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales made within this framework and for which the SELLER collects the price in a lump sum or in stages are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the rights to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the Consumer, a default interest is applied at a monthly rate as stipulated by the laws in force.

Article 8 - CONSUMER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

In disputes that may arise regarding this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined by law each year by the Ministry of Customs and Trade, and Consumer Courts are authorized in cases exceeding these limits. In this case, the consumer may apply to the Arbitration Committees and Consumer Courts in his or the SELLER's place of residence.

The Consumer accepts and declares that he/she has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the WEBSITE), that he/she has prior knowledge of all the issues written in Article 3 of this Agreement, including the basic characteristics of the Product/Products subject to sale, delivery conditions, payment method, sales price, all other preliminary information about the SELLER and the Product subject to sale, the right of withdrawal and personal information-electronic communication and reward points conditions, that he/she has seen all of them electronically on the WEBSITE and that he/she has accepted the provisions of this Agreement by ordering the Product by approving all of these electronically.

Preliminary information and this Agreement are also sent to the above e-mail address provided by the Consumer to the SELLER, and the order summary is included in the e-mail together with the confirmation that the order has been received.