Distance Sales Agreement
DISTANCE SALES AGREEMENT
PARTIES
1.1. SELLER / SERVICE PROVIDER INFORMATION
Title: AKBAŞLAR TEKSTİL ENERJİ SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address: KURTULUŞOSB MAH. ATATÜRK CAD. AKBAŞLAR TEKSTİL AKBAŞ HOLDING NO: 197
GÜRSU/BURSA
Tax Office: Ertuğrulgazi Tax Office
Tax No: 0150059091
E-mail: [email protected]
Phone: (224) 280 25 00
Hereinafter referred to as the “SELLER” in this Agreement.
1.2. BUYER / CUSTOMER INFORMATION
Name Surname / Title: [Buyer’s Name Surname/Title]
Address: [Buyer’s Address]
Phone: [Buyer’s Phone Number]
E-mail: [Buyer’s E-mail Address]
Hereinafter referred to as the “BUYER” in this Agreement.
The SELLER and the BUYER shall be referred to separately as a “Party” and collectively as the “Parties” in this Distance Sales Agreement.
SUBJECT AND SCOPE OF THE AGREEMENT
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 Distance Contracts Regulation, regarding the sale and delivery of textile products whose qualifications and sales price are specified on the Platform and which the BUYER orders electronically through the website www.akbaslarkumas.com and/or mobile-compatible electronic platforms (“Platform”) operated under the Akbaşlar brand owned by the SELLER.
The SELLER sells textile products and related consumer products through the Platform, and the products offered to the BUYER are physical products delivered by cargo.
INFORMATION REGARDING THE PRODUCT/SERVICE SUBJECT TO THE AGREEMENT
3.1. Basic Characteristics and Sales Price of the Product
The products offered by the SELLER to the BUYER through the Platform consist of textile products and related consumer products, and for each product;
• Type,
• Model, color and size, if any,
• Quantity,
• Unit sales price,
• Total sales amount including VAT
are clearly stated on the Platform and in the Preliminary Information Form at the time the order is created.
The BUYER accepts and declares that, before completing the order, they have reviewed and approved the basic characteristics, sales price and payment terms of the product.
3.2. Delivery and Performance Method
The products subject to the Agreement are physical products and are delivered by cargo to the delivery address provided by the BUYER during the order.
The delivery period, cargo company and other matters related to delivery are specified in the Delivery and Cargo Policy.
3.3. Payment Method
The BUYER may pay the order amount;
• By credit card or
• By debit card
through the secure payment infrastructure offered on the Platform. Payment transactions are carried out using security measures such as 3D Secure.
3.4. Additional Costs
Since the delivery of the products subject to the Agreement is made by physical cargo, the cargo fee, additional delivery costs if any, and campaign conditions are clearly notified to the BUYER before order approval. Whether the cargo fee belongs to the BUYER is determined according to the explanations on the Platform.
ORDER AND PAYMENT TERMS
4.1. The BUYER creates the order by reviewing the basic characteristics, sales price, total amount including VAT and, if applicable, cargo fee of the product they wish to purchase through the Platform. Completion of the order depends on the successful completion of the payment transaction.
4.2. The BUYER declares that they have read, understood and accepted this Agreement and the Preliminary Information Form before completing the order. The BUYER accepts that they have the opportunity to store these documents electronically via a permanent data storage medium.
4.3. The order amount is collected using secure payment methods such as 3D Secure through the credit card or debit card options offered on the Platform. By completing the payment transaction, the BUYER accepts and declares that they have expressly approved the collection of the order amount by the SELLER.
DELIVERY
5.1. Subject and Method of Delivery
The products subject to this Agreement are physical products and, following the BUYER’s order approval and the successful completion of the payment transaction, are delivered to cargo within an estimated 3 business days and sent by cargo to the delivery address specified by the BUYER during the order.
5.2. Delivery Period
The SELLER delivers the ordered products to the BUYER within 30 (thirty) days at the latest from the order approval date, without prejudice to legal periods. The delivery period may vary depending on the stock status of the product and the delivery conditions of the cargo company.
5.3. Obligations During Delivery
The BUYER is obliged to check the product during delivery. Products found to have damaged, missing or defective packaging must be recorded with a report in the presence of the cargo officer and must not be accepted. Otherwise, it shall be deemed that the delivery was made without any issues.
5.4. Failure to Deliver
If the product cannot be delivered due to the BUYER not being present at the delivery address or due to incomplete/incorrect address information, the SELLER’s delivery obligation shall be deemed fulfilled. In this case, any additional cargo costs that may arise shall belong to the BUYER.
RIGHT OF WITHDRAWAL AND EXCEPTIONS
6.1. Right of Withdrawal
In accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, the BUYER has the right to withdraw from the agreement within 14 (fourteen) days from the date of receipt of the product subject to the agreement, without giving any reason and without paying any penalty.
In order to exercise the right of withdrawal, it is sufficient to notify the SELLER in writing or through a permanent data storage medium within the withdrawal period.
6.2. Cases Where the Right of Withdrawal Cannot Be Exercised
Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following products:
• Products specially prepared in line with the BUYER’s requests or personal needs,
• Products that are not suitable for return due to hygiene reasons and whose packaging has been opened, such as underwear, socks, products intended for mouth-nose contact, etc.,
• Products whose return is not suitable for health and hygiene reasons due to the opening of their packaging, tape, seal or package after delivery,
• Products that cannot be returned due to their nature.
The BUYER accepts and declares that they have been informed before purchasing products within this scope and that they do not have the right of withdrawal.
6.3. Return Process in Case of Exercising the Right of Withdrawal
If the right of withdrawal is duly exercised;
• The BUYER is obliged to return the product, together with all accessories, invoice and original packaging, within 10 (ten) days at the latest following the receipt of the withdrawal notification by the SELLER.
• The product amount shall be refunded within 14 (fourteen) days at the latest following the receipt of the returned product by the SELLER, through the payment method used by the BUYER and in a single payment.
If the right of withdrawal is exercised by the BUYER, the return cargo fee shall belong to the BUYER. However, if the product is defective, damaged or incorrectly sent due to a reason originating from the SELLER, the return cargo fee shall be covered by the SELLER.
The BUYER accepts and declares that they have been informed about this matter through the Preliminary Information Form before completing the order.
6.4. Return Address and Notification
The BUYER may send notifications regarding the right of withdrawal;
• In writing to the address ….,
• By e-mail to the address ….
RETURN PROCEDURES AND REFUND
7.1. Except for the exceptions to the right of withdrawal, if the BUYER’s return request is approved by the SELLER, the paid amounts shall be refunded to the BUYER within 14 (fourteen) days at the latest.
7.2. Refunds for payments made by credit card or debit card are made to the same card depending on the procedures of the relevant bank. The time for the refund to be reflected in the BUYER’s account may vary due to the internal processes of banks.
7.3. For payments made by bank transfer/EFT, the refund is made to the bank account provided by the BUYER when placing the order.
OTHER CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to Article 15 of the Distance Contracts Regulation and general legal regulations, the right of withdrawal cannot be exercised in the following cases:
a) Agreements regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Agreements regarding goods prepared in line with the consumer’s requests or personal needs.
c) Agreements regarding the delivery of goods that may spoil quickly or whose expiration date may pass.
d) Agreements regarding the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is not suitable for health and hygiene reasons. Especially products that have mouth-nose contact and similar hygienic products.
e) Agreements regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Agreements regarding books, digital content and computer consumables presented in a physical medium if protective elements such as packaging, tape, seal or package have been opened after delivery of the goods.
g) Agreements regarding the delivery of audio or video recordings, books, digital content materials, software programs and computer consumables, other than those provided under a subscription agreement, if they have been opened/used.
h) Agreements regarding services whose performance has begun with the approval of the consumer before the expiry of the right of withdrawal period.
ı) Agreements regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
The BUYER accepts and declares that they have been informed through the Preliminary Information Form before the order that there is no right of withdrawal for the above-mentioned product groups.
LIABILITY AND RESOLUTION OF DISPUTES
9.1. Liability of the SELLER
The SELLER is responsible for delivering the products subject to this Agreement to the BUYER in accordance with the basic characteristics specified on the Platform, without defects, completely and in accordance with the order. The liability of the SELLER is determined within the framework of the Law No. 6502 on the Protection of Consumers and relevant legislation.
9.2. Liability of the BUYER
The BUYER is obliged to use the product received in accordance with the product instructions and intended purpose. If the product is damaged after delivery due to the BUYER’s fault, negligence or misuse, the SELLER cannot be held responsible for the consequences arising therefrom.
9.3. Force Majeure
In cases of force majeure beyond the control of the Parties, such as natural disasters, war, fire, strike, epidemic disease, infrastructure failures, delays caused by cargo companies and similar situations, the SELLER shall not be liable for failing to fulfill its contractual obligations on time or properly.
9.4. Resolution of Disputes
In disputes that may arise from this Agreement, it is essential to seek a resolution first through goodwill negotiations between the Parties. In this context, the BUYER may submit their requests to the SELLER via [[email protected]].
If the dispute cannot be resolved;
• If the BUYER has the status of a consumer;
Consumer Arbitration Committees in the place of residence of the BUYER or where the transaction was made, within monetary limits, or Consumer Courts shall be authorized.
• If the BUYER is not a consumer;
Istanbul Çağlayan Courts and Enforcement Offices shall be authorized.
EFFECTIVE DATE AND UPDATE
10.1. Effective Date
This Agreement shall be deemed to have been established electronically and entered into force upon the BUYER’s approval of the order through the Platform.
On the order approval screen, this Distance Sales Agreement and the Preliminary Information Form shall be presented to the BUYER, the BUYER’s explicit approval that they have read and accepted these texts shall be obtained, and these documents shall be provided to the BUYER in an accessible and downloadable manner through a permanent data storage medium.
10.2. Update
The SELLER may make changes to this Agreement and its annexes in line with legislative changes or mandatory updates in business processes.
The changes made shall apply prospectively from the date they are announced on the Platform and shall not affect the rights and obligations retrospectively regarding orders placed by the BUYER before the date the agreement was established.
The BUYER accepts that if they place a new order through the Platform, the agreement provisions in force on that date shall apply.
PROTECTION OF PERSONAL DATA AND PRIVACY POLICY
11.1. The SELLER processes the personal data of the BUYER in accordance with the Personal Data Protection Law No. 6698 and relevant legislation. Detailed information regarding the protection of the BUYER’s personal data can be accessed from the Privacy Policy available at www.akbaslarkumas.com and the Clarification Text available at www.akbaslarkumas.com.
11.2. The BUYER accepts and declares that, by using the website, their personal data shall be processed as specified in the Privacy Policy and Clarification Text, and that they shall act in accordance with the relevant policies.
ACCESS AND SERVICE INTERRUPTIONS
12.1. The SELLER shall make maximum effort to ensure that the Product/Service is uninterrupted, error-free and continuously accessible. However, the SELLER cannot be held responsible for access interruptions or slowdowns caused by factors beyond the SELLER’s control, such as internet infrastructure, telecommunication networks, power outages, maintenance works or force majeure events.
12.2. The SELLER shall inform the BUYER in advance about planned maintenance works. In urgent and unplanned interruptions, information shall be provided as soon as possible.
FORCE MAJEURE
13.1. Situations that occur beyond the control of the Parties and make it impossible for the Parties to partially or completely fulfill the debts and responsibilities they undertake under this Agreement or to fulfill them on time, such as natural disasters, war, terrorism, rebellion, embargo, practices of state authorities, cyber attacks, communication network failures, power outages, etc., shall be considered force majeure.
13.2. In the event of Force Majeure, the Parties shall not be responsible for failing to fulfill their obligations. If the Force Majeure situation lasts more than 30 (thirty) days, each Party shall have the right to terminate the Agreement.
SUSPENSION AND TERMINATION OF SERVICE
14.1. SELLER’s Right of Intervention
If it is determined that the BUYER has acted contrary to this Agreement, the Preliminary Information Form, the Privacy Policy or the applicable legislation, the SELLER has the right to cancel orders whose order process has not been completed or which have not yet been delivered to cargo, and also to temporarily or permanently restrict the user account belonging to the BUYER.
This authority is used only in cases of unlawful, malicious or unfair use and in accordance with the principle of proportionality.
14.2. Refund
If the order is canceled due to a reason arising from the BUYER’s fault or conduct contrary to the agreement, the product amount shall be refunded for products that have not yet been delivered to cargo, and documented expenses incurred by the SELLER, such as payment infrastructure deductions, cargo preparation expenses, etc., may be deducted from the refund amount. If the product has been delivered to cargo, the right of withdrawal and return conditions shall apply in accordance with the relevant articles of this Agreement.
EVIDENCE
Platform records, including order, payment and access information
E-mail correspondence
Commercial books and records
Banking transaction records
Relevant legal legislation, including Law No. 6502 on the Protection of Consumers, Distance Contracts Regulation, etc.
All kinds of legal evidence
CONCLUSION AND REQUEST
This Distance Sales Agreement determines the terms and conditions regarding the sale of products/services made through the Platform between the SELLER and the BUYER. By approving the order, the BUYER shall be deemed to have accepted and undertaken all provisions of this Agreement.
Date: [Date the Agreement Was Prepared]
SELLER BUYER
[Buyer’s Name Surname/Title]
[Authorized Person’s Name Surname] [Buyer’s E-mail Address]
[Signature] [Electronic Approval]