Distance Sale Contract
1. PARTIES TO THE CONTRACT
SELLER: Ünal Remzi Tekstil San. ve Tic. Ltd. Şti.
E-mail: info@unalremzi.com
Contact: +902122316548
Buyer(Customer) : Person who attempted to buy products on
www.regularsuit.com
(The SELLER and the Customer shall be referred to as a “Party”
individually and “Parties” collectively.)
2. SUBJECT MATTER OF THE CONTRACT
The subject matter of this Contract is to set forth the rights and obligations
of the Parties as per the provisions of Law No. 6502 on the Protection of
Consumers (“Law”) and Regulation No. 29188 on Distance Contracts (“Regulation”)
in connection with sale and delivery of products meeting the quality specified
in the Contract and having prices again specified in the Contract for which
they placed an order via the website,www.regularsuit.com , owned by the
Customer’s SELLER (“Site”).
3. GOODS OR SERVICES COVERED BY THE CONTRACT AND PAYMENT AND DELIVERY
The types, quantities, brands, models, colors and sales values, inclusive of
VAT.
4. REPRESENTATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer hereby agrees, declares and pledges that it has read the
preliminary information form on the SELLER’s full trade name, full address and
communication information under which the basic qualities of the Product or
Products covered by the Contract, terms regarding sale prices including VAT,
delivery and costs of delivery, renouncement right and exercise shall be met by
the Customer, obtaining accurate and full information in connection therewith.
4.2. The Customer hereby agrees, declares and pledges that it is aware of the
basic qualities, sale prices, payment methods and delivery conditions of the
Product or Products covered by sale as well as of any other preliminary
information and renouncement right, that it confirms this preliminary
information electronically and subsequently places an order for the Product or
Products.
4.3. Delivery of the Product or Products is made as soon as possible upon stock
availability and receipt of the price in the SELLER’s account. The SELLER
hereby agrees, declares and pledges to deliver the Product or Products at the
delivery address specified by the Customer in this Contract no later than 30
(thirty) days from the order.
4.4. The SELLER hereby agrees, declares and pledges that it is responsible for
delivering the Product or Products covered by the Contract to the Customer in a
condition meeting the qualities specified in the order and together with
warranty certificates and operating guides if any.
4.5. Delivery costs are borne by the SELLER in cases where the SELLER states
that the SELLER shall meet delivery costs or that free delivery shall be made
as part of a campaign in case of those shopping for a figure above the figure
set and announced by the SELLER on the Site.
4.6. The Customer shall inspect the Product or Products covered by the Contract
during delivery before taking their delivery, not taking delivery of any
Product or Products which are bruised, broken and have torn packages and
similar damages and defects.
4.7. The Customer hereby agrees, declares and pledges that the Product or
Products taken over from the courier have been delivered in a complete, damage
free and sound condition. The Customer is obligated to protect the Product or
Products with care after delivery.
4.8. The Customer hereby agrees, declares and pledges that the Customer is
obligated to return the Product or Products to the SELLER within 3 (three) days
and meet delivery costs to be incurred in this case in the event that the
relevant bank or finance institution does not pay the value of the Product or
Products to the SELLER after delivery of the Product or Products because the
credit card held by the Customer is used by unauthorized persons in an
unjustified or illegal manner not arising from the Customer’s fault.
4.9. In the event that the value of the Product or Products is not paid or
payment is cancelled in the bank records for any reasons whatsoever, the SELLER
is considered having been relieved of its obligation to deliver the Product or
Products covered by this Contract.
4.10. The Parties hereby agree, declare and pledge that in cases where the
Product or Products are to be delivered to a person/entity other than the
Customer, and the Person/entity to take delivery thereof refuses to accept
delivery, the SELLER is not liable in connection therewith.
4.11. The SELLER may provide the Customer with other Product or Products of
equal quality and price before the expiry of the performance period in the
Contract in case of justified grounds thereof. The sum paid and documents if
any are returned to the Customer within 10 (ten) business days. In cases where
the SELLER considers that the performance of the Product or Products is
impossible, the SELLER informs the Customer accordingly before the expiry of
the performance term of the Contract.
4.12. The SELLER may not be held liable for non-delivery of the ordered Product
or Products at the delivery address of the Customer, or at the Customer’s
Delivery Address specified in the Contract, due to any problems to be
encountered by the courier, which shall make delivery, at the stage of delivery
to the Customer.
4.13. In the event that the SELLER is unable to meet its obligations under the
Contract because delivery of the ordered Product or Products to the Customer is
not possible, the SELLER informs the Customer accordingly before the expiry of
the term of its performance obligation arising from the Contract and may
provide the Customer with a different product of the same quality and price.
4.14. In cases where the SELLER is unable to deliver the Product or Products
covered by the Contract in the prescribed time limit due to Force Majeure or
extraordinary circumstances such as adverse weather and interruption of
transport preventing delivery, the SELLER is obligated to inform the Customer
accordingly. In this case, the Customer may exercise one of the options
involving order cancellation, replacement of the Product or Products with
equivalent items and/or postponement of the delivery time limit until after the
elimination of the preventive condition. In the event that the Customer cancels
the order, the sum paid thereof is refunded in cash and all at once within 10
days.
4.15. If the Customer shops with credit card with payments in installments, the
method of instalments specified in this Contract applies. In installment
operations, the relevant provisions of the contract signed between the Customer
and credit owner bank apply. The credit card payment date is determined as per
the provisions of the Contract between the bank and the Customer. In addition,
the Customer may follow the number of installments and payments thereof on the
statement of accounts sent by the bank.
4.16. In payments made by the Customer with a credit card, the product sum is
returned to the relevant bank within 7 days after order cancellation by the
Customer. The reflection in Customer’s account after the refund of this sum to
the Bank is solely a bank process and the SELLER is unable to intervene with
this process in any manner whatsoever.
5. RENOUNCEMENT RIGHT AND REPLACEMENT
5.1. The Customer is entitled to renouncement and replacement without having to
provide any justification within 14 (fourteen) days from delivery of the
Product or Products to the Delivery Address specified in this Contract.
5.2. For exercise of the renouncement right, notice must be served on the
SELLER by telephone or e-mail within the time limit of 14 (fourteen) days and
the Product or Products intended to be returned must be in an unused condition
allowing the SELLER to put them on sale again subject to the provisions of
Article 6 of this Contract. In case of the exercise of the renouncement right:
the Product or Products must be delivered to the SELLER in a complete and
undamaged condition with:
i. The invoice of the Product or Products delivered to the Customer’s Delivery
Address specified in this Contract (in cases where the invoice of the Product
or Products intended to be returned is corporate, products must be sent with
the return invoice issued by the relevant entity upon return. Order returns for
invoices that are issued to any corporate bodies may not be processed IF NO
RETURN INVOICE IS ISSUED),
ii. Return Form,
iii. Box(es), packages or Standard accessories, if any, of the Product or
Products.
5.3. The sum of the Product or Products is returned to Customer
within 10 (ten) business days from receipt of the items listed in Article 5.2
by the SELLER.
Any transport costs of the Product or Products returned in the prescribed time
limit for any reasons including costs of shipment to the Customer shall be met
by the SELLER. In case of replacement, transport costs for initial replacement
shall be met by the SELLER; in cases where the same product is replaced twice,
costs of the second replacement shall be met by the Customer.
5.4. Upon return of the Product or Products to the SELLER, the original invoice
submitted to the Customer during delivery must also be returned to the SELLER
and no return request may be processed unless the invoice is sent back with the
Product or Products or individually sent to the SELLER within 5 (five) days
from shipment of the Product or Products; in this case, the Product or Products
shall be sent back to the Customer against payment upon delivery.
5.5. The phrase, “return invoice” shall be written and signed by the Customer
on the invoice to be returned.
6. PRODUCTS FOR WHICH RENOUNCEMENT RIGHT IS NOT EXERCISABLE.
Renouncement right may not be exercised for products not considered appropriate
to be returned in terms of health and hygiene as far as goods on which
protective elements such as packaging, tapes, seals and packages are opened
after delivery are concerned.
7. JURISDICTION
Consumers Arbitration Tribunals and Consumers Courts at the location of the
Customer’s domicile have the sole jurisdiction over settlement of disputes
arising from this Contract, which have a value of up to the limit communicated
by the Ministry of Industry and Trade.
8. NOTICES
Any notices, warnings and notifications to be served as per this Contract shall
be served by e-mail, courier accompanied with explanation thereof, certified
mail or a notary at the addresses of the Parties designated in Article 1 of
this Contract.
The Parties hereby agree that their addresses designated in the Contract are
their respective notice addresses and that unless any change of address shall
be notified to the other Party before five (5) business days, notices to be
served at these addresses shall be effective. Any notices served by the SELLER
on the Customer under this contract shall be considered having reached the
Customer 1 (one) day after this dispatch and any notices to be sent by the
Customer to the SELLER shall be considered effective from the date when they
are considered having been served according to Turkish laws.
9. FINAL PROVISIONS
This Contract, comprising 9 (nine) articles and 5 (five) pages is hereby
executed by the Parties . The preliminary information form located on the
payment page of the website, www.regularsuit.com, and invoice are integral
parts of this Contract. The Parties hereby agree, declare and pledge that they
have fully read, understood and accepted this Contract in its entirety, that
the information provided by each of them is correct and that any provisions
hereof are effective. By approving this Contract via the specifically prepared
platform of the Site, the Customer is hereby considered as having agreed to any
terms here of.
Seller
Ünal Remzi Tekstil San. ve
Tic. Ltd. Şti.