Distance Sales Contract
DISTANCE SALES CONTRACT
1. Parties
This Distance Sales Agreement ("Agreement") has been established electronically between the address specified in Article 7 ("BUYER") and the address specified in Article 6 ("SELLER") within the framework of the terms and conditions set forth below.
2. Definitions
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.
Buyer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
Minister: Minister of Trade,
Ministry: Ministry of Commerce,
SELLER: STRONDERS
Service: The subject of any consumer transaction other than the provision of goods that is made or promised to be made in return for a fee or benefit.
Law: Consumer Protection Law,
Platform: The website named "www.stronders.com" belonging to STRONDERS,
Orderer: A natural or legal person who requests a product or service through the STRONDERS website "www.stronders.com",
Contract: This Contract concluded between SELLER and BUYER,
Parties: SELLER and BUYER,
Product or Products: Movable goods and all similar products that are subject to shopping.
Regulation: Distance Sales Regulation,
3. Subject and Scope of the Agreement
This Agreement has been prepared in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation. The Parties accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the Goods/Services with the qualifications specified in the Agreement, for which the real person BUYER has placed an electronic order for the purchase of the Goods/Services of the SELLER offering the Goods/Services for sale on the Platform belonging to STRONDERS.
4. Matters of which the Buyer is informed in advance
4.1. BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations on the relevant pages and sections of the Platform before the establishment of this Agreement by the BUYER on the Platform and before placing the order and assuming the payment obligation.
a) SELLER's title, contact information and current introductory information,
b) Appropriate tools and methods for the stages of the sales process during the purchase of the Products from the Platform and for the correction of incorrectly entered information,
c) The confidentiality, data usage-processing and electronic communication rules applied by the Seller for the BUYER information and the permissions given by the BUYER to the Seller in these matters, the BUYER's legal rights, the SELLER's rights and the methods of the Parties to use their rights,
d) Shipping restrictions for the products as determined by the SELLER,
e) Payment methods and instruments accepted by the seller for the products subject to the contract, basic features and characteristics of the products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
f) Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
i) Products and other goods and services for which the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose the right of withdrawal if the right is not exercised within the time limit,
k) For products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and he/she will be liable to the SELLER in any case. In cases where the SELLER accepts, he/she may deduct an amount he/she deems appropriate for the damage or change in question from the refund to be made to the BUYER.
l) In cases where the right of withdrawal exists, 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 the reward points earned/used by the BUYER during the return),
m) Details of the conditions (special conditions) for the BUYER to benefit from various opportunities that may be applied from time to time on the platform,
n) Depending on its nature, this Agreement and all other sales terms included in this Agreement can be stored and accessed by the BUYER for the desired period of time, as it is sent to the BUYER via e-mail after being approved and established on the Platform by the BUYER.
o) In case of dispute, the BUYER can submit his/her complaints to the seller or the SELLER through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. Seller Information
Title: STRONDERS
Address: Akarca mah. Mustafa Kemal (TZL) blv. No:173 B Fethiye/Mugla
Phone: +90 507 099 7124
Email: iletisim@stronders.com
6. Recipient Information
Person to be Delivered:
Delivery Address:
Telephone:
Email/Username:
7. Billing Information
Invoice Delivery: The invoice will be delivered to the delivery address together with the order during order delivery.
8. Information on the Product/Products Subject to the Contract
8.1.The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are available on the Platform. You can examine the basic features of the product during the campaign period.
9. General Provisions
9.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the Product subject to the Agreement on the Platform, has been informed and has made the necessary confirmation electronically. BUYER may send his/her requests and complaints as a consumer to the SELLER contact information provided above and/or through the channels provided by the Platform. BUYER accepts, declares and undertakes that he/she has obtained the address that should be given to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely before confirming the Preliminary Information Form electronically and establishing the Distance Sales Contract.
9.2. Each product subject to the contract shall 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 to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date specified as "estimated delivery date" on the website is stated as an estimate and this expression does not include any commitment. These products shall be delivered to the BUYER within 30 days at the latest, as specified in the legislation. In the event that the BUYER or the person to whom the product will be delivered is not at the address at the time of delivery, the SELLER shall not be responsible for any damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all.
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 and the information and documents required for the job, free from any defects, in a solid manner in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence 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 expiry of the performance obligation arising from the Contract.
9.5. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution but for which a failed code is sent by the bank and/or financial institution for any reason.
9.6. 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 as a result of the unfair 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 being borne by the BUYER.
9.7. BUYER shall inspect the goods/services subject to the Agreement before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.
9.8. Unless otherwise provided, the delivery costs of the goods shall be borne by the BUYER. If the SELLER has declared on the Platform that the delivery costs shall be covered by the SELLER, the delivery costs shall be borne by the SELLER. The delivery of the goods shall be made within the promised period if the SELLER's stock is available and after the payment is made.
9.9. In cases where the fulfillment of the ordered goods or services becomes impossible, the SELLER must notify the BUYER in writing or via the BUYER data keeper within 3 (three) days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within fifteen days from the date of notification at the latest. The fact that the goods are not in stock is not considered as the fulfillment of the goods. In payments made by the BUYER with a credit card, 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 (two) to 3 (three) weeks, and since the reflection of this amount in the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.10. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
9.11. In case of sending goods that were not ordered, no rights can be claimed against the BUYER. In such cases, the BUYER's silence or use of the goods cannot be interpreted as a declaration of acceptance for the establishment of the contract.
10. Special Conditions
10.1.The BUYER will be able to shop from more than one boutique on the Platform in a single basket. The SELLER may issue more than one invoice for each product purchased from a different boutique in the same basket. For the avoidance of doubt, it should be noted that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
10.2. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank and information about the campaigns is provided on our pages if TISSEIA is aware of them. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
11. Rules Regarding the Protection of Personal Data, Commercial Electronic Messages and Intellectual Property Rights
Information such as the BUYER's name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc., which may be defined as personal data within the scope of the Personal Data Protection Law No. 11.1.6698;
* The above-mentioned data may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the seller and seller affiliates and third parties and/or organizations indefinitely/temporarily for the purpose of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, -in case of prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, and performing the distance sales contract and other contracts established between the BUYER and the SELLER, and for the SELLER to provide the technical, logistic and other similar functions of third parties.
11.2. In accordance with the current legislation, commercial electronic communications may be made to the BUYERS for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications by the SELLER via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, and other electronic communication tools. The BUYER has accepted to receive commercial electronic messages.
11.3. Necessary measures for the security of the information and transactions entered by the BUYER to the Platform have been taken in the seller's own system infrastructure, in accordance with the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's devices, the BUYER is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.
11.4.BUYER may contact the seller through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if BUYER wishes, always apply to the seller and receive information on matters such as transactions regarding the processing of personal data, 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 means of analysis with automatic systems, compensation in case of damages due to unlawful processing of data. The said applications shall be examined and BUYER shall be contacted within the legal period and within the periods stipulated in the legislation.
11.5. All intellectual and industrial rights and property rights regarding all kinds of information and content of the Platform and their arrangement, revision and partial/full use, except those belonging to other third parties in accordance with the agreement of the seller, belong to the seller.
11.6.Other sites accessed from the Platform have their own privacy-security policies and terms of use. The seller is not responsible for any disputes or negative consequences that may arise.
12. Right of Withdrawal
In cases where any opening, deterioration, damage, tearing, use, etc. is detected on the product and its packaging, and if the product cannot be returned in the same condition as when it was delivered to the customer and with the product invoice, the company reserves the right not to accept the product back and not to refund the price. Return, exchange and cancellation shipping costs belong to our customers.
12.2.SELLER in accordance with the provisions of the legislation. It is mandatory for the BUYER to be notified, stating that the product is defective .
12.3.After notification:
a) BUYER returns the Goods to SELLER via cargo company within 10 (ten) days.
b) The Goods to be returned must be returned complete and undamaged, including the box, packaging, standard accessories, if any, and any other products gifted with the Goods.
12.4. The BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions.
12.5. If the BUYER sends the Goods to be returned with a cargo company other than the SELLER's contracted cargo company specified in the Preliminary Information Form, the SELLER is not responsible for the return cargo cost and any damage to the Goods that may occur during the cargo process.
12.6. In cases where the product ordered by the BUYER cannot be supplied for various reasons or the arbitration committee decides to refund the amount to the BUYER, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below:
The Bank makes the refund to the BUYER in installments, regardless of the number of installments the BUYER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month and the BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
13. Cases in which the right of withdrawal cannot be exercised
13.1.BUYER cannot exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER.
b) Contracts regarding goods prepared in line with the consumer's requests or personal needs.
c) Contracts for the delivery of goods that are perishable or may expire quickly.
c) Contracts regarding 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.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
f) Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes.
g) Contracts regarding services performed instantly in an electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal period.
If the Goods/Services subject to the contract consist of Goods/Services that are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the BUYER's home with the SELLER's regular deliveries and services in areas such as travel, accommodation, restaurant business, entertainment sector), the right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
14. Dispute Resolution
14.1. In the implementation of this Distance Selling Contract, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Goods or Services and where he/she resides are authorized up to the value declared by the Ministry of Trade.
District/provincial consumer arbitration committees are authorized regarding consumer demands in accordance with the lower and upper limits specified in the first paragraph of Article 68 of the Law on Consumer Protection No. 14.2.6502.
15. Price of Goods/Services
The cash or deferred sales price of the product is the price included in the order form, as well as the information e-mail sent at the end of the order and the invoice sent to the customer together with the product. Discounts, coupons, shipping costs and other applications made by the SELLER are reflected in the sales price.
16. Default Event and Legal Consequences
16.1. In case the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action, request the expenses and attorney fees from the BUYER and in any case, in case the BUYER defaults due to his debt, the BUYER will be liable for the loss and damage suffered by the SELLER due to the late performance of the debt by the BUYER.
17. Notifications and Evidence Agreement
17.1. All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation.
17.2. BUYER accepts, declares and undertakes that in disputes that may arise from this Agreement, SELLER's official books and commercial records, electronic information and computer records kept in its own database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
18. Entry into force
18.1. This Agreement consisting of 19 (eighteen) articles has been concluded and entered into force by being read by the Parties and approved electronically by the BUYER on the transaction date. A copy of the Agreement is available in the BUYER's membership account and can also be sent by e-mail upon request.