Distance Sales Contract

Distance Sales Contract


This Distance Selling Agreement ("Agreement") regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6052 on the Protection of Consumers and the " Distance Contracts Regulation", which was published in the Official Gazette No. 29188 dated 27.11.2014, regarding the sale and delivery of the products/goods ("Product") specified in this Agreement and which the Buyer/Consumer wishes to purchase by placing an order from the Seller's website at www.tiemconcept.com ("Website").

After the Buyer/Consumer approves this Agreement on the Website, the price and expenses of the Product ordered will be collected from the Buyer/Consumer using the payment method chosen by the Buyer/Consumer. The Buyer/Consumer is informed about the characteristics, sales price, payment method, delivery conditions and all other preliminary information about the Product subject to this Agreement and the right of withdrawal, and places an order after confirming that he/she has read and understood the preliminary information in question on the Website. The preliminary information form and invoice on the payment page of the Website are an integral part of this Agreement.

In order for this Agreement to be concluded, it must be approved electronically by the Buyer/Consumer. By confirming this Agreement electronically, the Buyer/Consumer confirms that he/she has obtained the specifications of the Product he/she ordered, its price including taxes, payment and delivery information accurately and completely.

Article 1-PARTIES

1.1-Seller
Trade Name: TIEM CONCEPT
Address: Şirinevler mah. Mahmutbey 4. Street No:8 B Bahçelievler/İstanbul
Phone: 0 535 975 20 00
Email Address: info@tiemconcept.com

1.2-Buyer/Consumer
Name Surname/Title:
Address :
Phone Number :
Email Address:

Article 2 - PRODUCT, PAYMENT METHOD, PRICE, DELIVERY INFORMATION, INVOICE INFORMATION

2.1- The Product subject to this Agreement shall be delivered within 3-7 business days depending on the distance of the delivery address provided by the Buyer/Consumer for each Product, provided that the legal 30-day period is not exceeded. If it is understood that delivery cannot be made within this period, a written notification shall be made to the Buyer/Consumer and delivery shall be made within an additional 10 business days.

Delivery costs are covered by the Buyer/Consumer. If the Seller has clearly stated on the website that the delivery costs will be covered by the Seller, the delivery costs are covered by the Seller. Delivery is made on condition that the stock is available and the Product price is paid by the Buyer/Consumer.

In order for the Product, which is the subject of this Agreement, to be delivered to the Buyer, it is a condition that this Agreement is approved electronically and the sales price is transferred to the Seller's account by the payment method preferred by the Buyer/Consumer or the orderer. If, for whatever reason, the Product price is not transferred to the Seller's account or is cancelled in the bank records, the Seller is relieved of its delivery obligation.

2.3- If the Product subject to this Agreement is to be delivered to a person other than the Buyer/Consumer, if the person to whom the delivery is made refuses to accept the delivery, the Seller is not responsible for the failure to deliver and any damages and losses that may occur as a result.

2.4- Product, Price, Payment Method, Delivery Information, Invoice Information

ARTICLE 3 - RIGHT OF WITHDRAWAL

3.1- The Buyer/Consumer has the right to withdraw from this Agreement within 14 (fourteen) days from the date of delivery of the Product to him/her or to the person at the address he/she has indicated, without assuming any legal or criminal liability, without giving any reason and without paying any penalty.

In order to exercise the right of withdrawal, the Seller must be notified by registered mail, fax, telephone or e-mail within the legal 14-day period. In case of exercising the right of withdrawal, the original invoice and a copy of the cargo delivery report stating that the Product delivered to the Buyer/Consumer has been sent to the Seller must be returned to the Seller. If the original invoice is not returned, VAT and other liabilities, if any, may not be refunded to the Buyer/Consumer.

Within 14 days from the date on which the Seller receives the notification that the Buyer/Consumer has exercised his/her right of withdrawal, all payments collected from the Buyer/Consumer will be refunded in a form appropriate for the payment without imposing any additional cost on the Buyer/Consumer. If the right of withdrawal is exercised within 14 days, the Product will be returned to the Seller by the Buyer/Consumer via cargo and in this case, the cargo fee will be the responsibility of the Seller. The Buyer must return the Product to be returned to the Seller within 10 (ten) days from the date of exercise of the right of withdrawal, complete and undamaged. The Buyer/Consumer is not responsible for any changes or deteriorations that occur if the Product is used in accordance with its operation, technical specifications and instructions for use during the withdrawal period.


3.2- Unless otherwise expressly agreed in this Agreement, the Buyer/Consumer cannot exercise the right of withdrawal in the following cases:

  1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller or provider ,
  2. Contracts regarding the Product prepared in line with the Buyer/Consumer's requests or personal needs,
  3. Contracts regarding the delivery of Products that are perishable or may expire quickly,
  4. Contracts regarding the delivery of products whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons,
  5. Contracts regarding Products that are mixed with other products after delivery and cannot be separated due to their nature,
  6. 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 product,
  7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription contract,
  8. 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,
  9. Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
  10. Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.

4- GENERAL PROVISIONS

4.1- The Buyer/Consumer accepts and declares that he/she has read and understood the features, sales price and payment method of the Product subject to this Agreement, preliminary information regarding delivery and this Agreement on the Website, and thus, he/she has given the necessary confirmation electronically, being fully aware of all these matters.

4.2- The Buyer/Consumer is obliged to pay the total prices specified in this Agreement based on the total order amount for the Product subject to this Agreement.

4.3- The Buyer/Consumer and the invoice information may belong to the same person or to different persons. However, even if it belongs to different persons, the accuracy of all information provided within the scope of this Agreement is the responsibility of the Buyer/Consumer.

4.4- The Buyer/Consumer accepts and declares that all information provided regarding the conclusion and execution of this Agreement is correct. In the event that the information provided by the Buyer/Consumer is inconsistent or incorrect, or if the Buyer/Consumer cannot be reached for confirmation, the Seller has no responsibility and the responsibility belongs to the Buyer/Consumer.

4.5- The Buyer/Consumer accepts and declares that all rights arising from FSEK for all Products on the Seller's Website belong to the Seller and that these rights have not been transferred in any way or form. The Buyer cannot copy, reproduce or offer for sale for commercial purposes the Product he/she purchased. Otherwise, this will be considered as an infringement of the trademark.

4.6- The Buyer/Consumer accepts and declares that he/she has read and is informed about all the information regarding the price, payment method, basic qualities and distinguishing features of the Product subject to this Agreement and confirms it electronically.

4.7- If the Seller cannot fulfill its delivery obligations under this Agreement for any reason, it shall refund all payments collected from the Buyer/Consumer to the Buyer/Consumer within 14 days.

4.8- If the relevant bank or financial institution fails to pay the price of the Product to the Seller for any reason due to the fault of the Buyer/Consumer after the delivery of the Product subject to the Contract to the Buyer or to the third party notified by the Buyer/Consumer, if the Product has been delivered to the Buyer/Consumer or to the third party notified by the Buyer/Consumer, the Buyer/Consumer must return the Product in question to the Seller within 3 days, and in this case, the return and delivery costs related to the return are the responsibility of the Buyer/Consumer.

4.9- In case of extraordinary circumstances preventing delivery (adverse weather conditions, earthquake, fire, flood, storm, terrorist attacks, strike, lockout, etc.), the Seller shall notify the Buyer/Consumer within a reasonable period of time through appropriate means. If delivery cannot be made within 10 business days from the date of notification, the Buyer/Consumer has the right to cancel the order. If the Buyer/Consumer cancels the order, the amounts collected from him/her will be refunded in full.

4.10- If the Product is found to be damaged or defective when delivered to the Buyer/Consumer, a written report must be recorded with the personnel of the cargo company making the delivery.

4.11- In payments made by the Buyer/Consumer via credit card, it must be determined that the amount to be paid has been blocked in the Seller's account or transferred to the Seller's account in order for the order to be processed.

4.12- Any deductions or charges made or charges made by the relevant bank or card organization in connection with the payment of the product price are not the responsibility or liability of the Seller, and concern the internal relationship between the Buyer/Consumer and the relevant bank or card organization.

4.13- In cases where a refund needs to be made to the Buyer/Consumer's credit card (or the credit card notified at the time of ordering and from which the payment was made), the refund will only be made to the card in question or to the account notified by the bank to which the card is linked.

No refund will be made to the Buyer/Consumer in cash or in any other way. In this context, refunds to the credit card in question are made in accordance with the refund procedures and rules of the relevant bank/banks and in compliance with the bilateral agreements between the Seller and the bank/banks. In this respect, the Buyer/Consumer accepts and declares that he/she knows that the relevant bank can make the payment to him/her in the same installments as the one in which he/she purchased the product in installment purchase refunds.

ARTICLE 5: DEFAULT

In case the Buyer/Consumer goes into default for any reason, the Buyer/Consumer is obliged to pay the debt together with the legal interest and any other damages and losses. In payments made by credit card, the Buyer-Consumer accepts and declares that he/she is aware that he/she will be responsible in case of default in accordance with the bilateral agreement/agreements he/she has made with the relevant bank.

ARTICLE 6: COMPETENT COURT

In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees have jurisdiction and authority within the monetary limits determined each year by the Ministry of Customs and Trade, and Consumer Courts have jurisdiction and authority in cases exceeding these limits.

ARTICLE 7: FINAL PROVISIONS

BUYER/CONSUMER ACCEPT AND DECLARES THAT HE HAS READ AND UNDERSTOOD THIS AGREEMENT AND THE PRELIMINARY INFORMATION FORM WHICH FORM AN INTEGRAL PART, IS COMPREHENSIVE OF THEM AND ACCEPTS ALL THE PROVISIONS IN THIS AGREEMENT.