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PARTIES
This Agreement is signed between the following parties under the terms and conditions stated below.
A.‘BUYER’; (hereinafter referred to as the “BUYER”)
B.‘SELLER’; (hereinafter referred to as the “SELLER”)
NAME-SURNAME: ECLECTİC MODA TEKSTİL SAN. TİC. A.Ş.
By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees such as shipping fee, tax, and that they have been informed about this. -
DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall have the meanings ascribed to them below.
MINISTER: Minister of Customs and Trade
MINISTRY: Ministry of Customs and Trade
LAW: Law No. 6502 on the Protection of Consumers
REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188)
SERVICE: Any kind of consumer transaction other than providing goods, performed or promised to be performed in return for a fee or benefit
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the provider of goods
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes
SITE: The website owned by the SELLER
ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER’s website
PARTIES: The SELLER and the BUYER
AGREEMENT: This agreement concluded between the SELLER and the BUYER
GOOD: Movable property subject to shopping and software, audio, video, and similar intangible goods prepared for use in electronic environment -
SUBJECT
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 whose characteristics and sale price are stated below and which the BUYER has ordered electronically from the SELLER’s website.
The listed and announced prices on the site are the sale prices. The announced prices and commitments are valid until updated or changed. Prices announced for a certain period are valid until the end of the specified period. -
SELLER INFORMATION
Title: ECLECTİC MODA TEKSTİL SAN. TİC. A.Ş.
Phone: +90 534 699 03 25
Email: info@eclectic.com.tr -
BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
Email/Username: -
ORDERING PARTY INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username: -
PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The main characteristics of the good/product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the main characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The listed and announced prices on the site are the sales prices. The announced prices and commitments are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The total price of the good or service subject to the agreement including all taxes is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT)
Shipping Cost:
Total:
Payment Method and Plan:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Date: 5 business days from order
Delivery Method:
7.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
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BILLING INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice shall be delivered together with the order to the billing address at the time of delivery. -
GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information about the basic characteristics of the product subject to the contract, sales price, payment method, and delivery on the SELLER’s website, and confirmed it electronically. The BUYER acknowledges, declares, and undertakes that they have obtained the required preliminary information, including the SELLER’s address, the basic features of the ordered products, the price including taxes, and payment and delivery information, before the distance sales agreement is concluded and that they confirmed this electronically.
9.2. Each product subject to the agreement is delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the BUYER’s place of residence, not exceeding the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.9.4. The SELLER may supply a different product of equal quality and price, with the BUYER’s clear approval and by informing the BUYER, before the fulfillment period of the contractual obligation expires.
9.5. If the SELLER cannot fulfill the contractual obligation due to the impossibility of delivering the ordered product or service, they agree, declare, and undertake to notify the BUYER in writing within 3 days from becoming aware of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes that if they do not confirm this Agreement electronically, or if the product price is not paid for any reason and/or is canceled in bank records, the SELLER shall be relieved of its obligation to deliver the product.
9.7. If, after delivery of the product subject to the contract to the BUYER or the person/institution at the indicated address, the relevant bank or financial institution fails to pay the price of the product to the SELLER due to unauthorized use of the BUYER’s credit card by an unauthorized person, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. If force majeure events (such as natural disasters, war, terrorism, riots, legislative changes, seizure or strike, lockout, production and communication disruptions, etc.) beyond the parties’ control arise and prevent or delay either party from fulfilling their obligations, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. In such cases, the BUYER has the right to request the cancellation of the order, replacement of the product with a similar one, and/or postponement of delivery until the obstructive condition is eliminated. If the BUYER cancels the order, in case of payment by cash, the amount shall be refunded to the BUYER in cash and in full within 14 days. If the payment was made by credit card, the refund shall be made to the bank within 14 days after cancellation. The BUYER acknowledges that the average period for the bank to reflect the refund into the account may take 2 to 3 weeks, and that the SELLER cannot be held responsible for any delays due to the bank’s processes.
9.9. The SELLER may contact the BUYER via letter, email, SMS, phone call, and other methods using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER during registration or subsequently updated by them, for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER agrees and declares that the SELLER may carry out such communication activities.
9.10. Before accepting delivery of the goods/services, the BUYER shall inspect them for any dents, breakages, torn packaging, and other defects. The BUYER shall not accept delivery of any damaged or defective goods/services from the courier. If accepted, the product will be deemed to have been delivered in good condition and undamaged. After delivery, the obligation to protect the product belongs to the BUYER. If the right of withdrawal is to be exercised, the product must not be used. The invoice must be returned as well.
9.11. If the credit card holder and the BUYER are not the same person or if a security vulnerability is detected regarding the credit card used in the order before delivery of the product to the BUYER, the SELLER may request the BUYER to provide 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 written confirmation from the bank that the card belongs to the holder. Until the requested documents are provided, the order shall be frozen. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during registration on the SELLER’s website is accurate, and that they shall immediately, in cash and in full, indemnify the SELLER for all damages incurred due to the inaccuracy of such information.
9.13. The BUYER agrees and undertakes to comply with legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities shall be borne solely by the BUYER.
9.14. The BUYER shall not use the SELLER’s website in any way that is contrary to public morality, disruptive to public order, harassing to others, unlawful, or that infringes upon the material or moral rights of others. In addition, the BUYER may not engage in activities that prevent or complicate the use of the services by others (such as spam, viruses, Trojan horses, etc.).
9.15. Links may be provided via the SELLER’s website to other websites or content that are not under the SELLER’s control and/or owned or operated by third parties. These links are placed for the convenience of the BUYER and do not imply endorsement of any website or the person operating the site, nor do they constitute any guarantee of the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement shall be personally liable both legally and criminally for such violations, and shall hold the SELLER harmless from the legal and criminal consequences. Additionally, in the event the violation is brought to legal proceedings, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract related to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery to themselves or the person/entity at the address indicated, without assuming any legal or penal liability and without providing any justification, by notifying the SELLER. For distance contracts related to services, this period begins on the contract date. The right of withdrawal cannot be exercised if the performance of the service has begun with the consumer’s approval before the withdrawal period ends. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER, by accepting this agreement, acknowledges in advance that they have been informed regarding the right of withdrawal.10.2. To exercise the right of withdrawal, the BUYER must send a written notice to the SELLER via registered mail with return receipt, fax, or email within the 14-day period, and the product must not be used under the terms set forth in the “Products Not Eligible for Withdrawal” section of this agreement. Upon exercising this right:
a) The original invoice of the product delivered to the third party or the BUYER must be returned (If the invoice is corporate, a return invoice issued by the institution must be sent along with the product. Returns of orders invoiced to institutions cannot be completed without a return invoice.),
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including box, packaging, and any standard accessories,
d) The SELLER is obliged to refund the total amount and any documents binding the BUYER within 10 days from receipt of the withdrawal notice, and to accept the returned goods within 20 days,
e) If the value of the goods is reduced due to a fault of the BUYER or if return becomes impossible, the BUYER shall compensate the SELLER’s damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration due to proper use of the product within the withdrawal period,
f) If exercising the right of withdrawal causes the total purchase to fall below the threshold of a promotional campaign, the discount granted under the campaign will be canceled.
11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products that are prepared according to the BUYER’s request or clearly personal needs, underwear bottom pieces, swimsuits, bikini bottoms, makeup items, disposable products, goods at risk of rapid deterioration or likely to expire, products unsuitable for return due to health or hygiene reasons after the packaging is opened, goods mixed with others and impossible to separate, newspapers or magazines other than those under subscription, instantly delivered digital content, software, audio/video recordings, books, computer consumables whose packaging has been opened, etc., cannot be returned under the Regulation.
Cosmetic and personal care products, underwear, swimsuits, books, reproducible software and programs, DVDs, VCDs, CDs and tapes, and stationery (toners, cartridges, ribbons, etc.) can only be returned if unopened, unused, untested, and intact in their original packaging.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in transactions made by credit card, they accept, declare, and undertake that they will pay interest under the credit card agreement with the card issuer bank and will be responsible to the bank. In this case, the relevant bank may take legal action and claim any expenses and attorney’s fees from the BUYER. In any case, if the BUYER defaults due to a debt, the BUYER agrees to compensate the SELLER for all losses and damages arising from the delay.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court located in the place where the consumer resides or where the consumer transaction took place, within the monetary limits specified in the law.
Effective from 01/01/2017, for the year 2017:
a) District consumer arbitration committees for disputes under 2,400 TL,
b) Provincial arbitration committees for disputes between 2,400–3,610 TL in metropolitan municipalities,
c) Provincial arbitration committees for disputes under 3,610 TL in non-metropolitan cities,
d) District arbitration committees for disputes between 2,400–3,610 TL in districts of non-metropolitan cities,
are authorized.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER shall be deemed to have accepted all terms of this agreement upon making payment for the order on the Site. The SELLER is responsible for ensuring that the BUYER reads and approves this agreement electronically before the order is completed.SELLER: ECLECTİC MODA TEKSTİL SAN. TİC. A.Ş.
BUYER:
DATE