Distance Sales Contract

1. 
   PARTIES

This Agreement has been signed between …………………………………………….…………………………. (hereinafter referred to as "BUYER" in the Agreement) residing at the address of …………………………………………….………. and Berk Konfeksiyon San.Tic.Ldt.Şti. (hereinafter referred to as "SELLER" in the Agreement) residing at the address of Merkez Mah. Güngören cad.5/3 sk. No:8, 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.

MINISTER	:	Minister of Customs and Trade,
MINISTRY	:	Ministry of Customs and Trade,
LAW	:	Consumer Protection Law,
REGULATIONS	:	Regulation on Distance Contracts,
SERVICE	:	The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SALES PERSON	:	A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the 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 SELLER's website named www.bestello.com,
ORDERED BY	:	A natural or legal person who requests a product or service through the SELLER's website www.bestello.com,
PARTIES	:	SELLER and BUYER,
AGREEMENT	:	This contract concluded between SELLER and BUYER,
GOODS	:	It refers to movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and the like prepared for use in electronic environment.

3. SUBJECT

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 the Protection of Consumers and the Regulation on Distance Contracts dated 27.11.2014, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.

By accepting this distance sales contract, the BUYER accepts in advance that he/she is obliged to pay the order price and additional charges such as shipping fee, tax, if any, if he/she approves the order subject to the contract, and that he/she has been informed about this.

4. SELLER INFORMATION

Title	:	Berk Clothing Industry Trade Limited Company
Address	:	Merkez Mah. Gungoren St.5/3 Street No:8
Telephone	:	0507 179 6797
Email address	:	www.rodijeans.com.tr

 

5. BUYER INFORMATION

Person to be Delivered	:
Delivery Address	:
Telephone	:
Fax	:
Email/Username	:

 

6. ORDERING PERSON INFORMATION (Hereinafter referred to as ORDERING PERSON.)

Name/Surname/Title	:
Address	:
Telephone	:
Fax	:
Email/Username	:

7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are available on the SELLER's website. You can examine the basic features of the product during the campaign period. Valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.

7.3. The sales prices of the goods or services subject to the contract are including taxes.

7.4. Product shipments will start within 1 week for ready products and within the promised shipment times at the beginning of the season for seasonal orders. The shipping fee, which is the product shipment cost, will be paid by the BUYER.

8. 
   GENERAL PROVISIONS

8.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER's electronic confirmation of the Preliminary Information, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.

8.2. 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 of the website, depending on the distance of the BUYER's place of residence, provided that the legal period of 30 days is not exceeded. In the event of failure to fulfill the obligation within this period, the consumer may terminate the contract.

8.3. 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, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and 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.

8.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

8.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer of this situation before the expiration of the contractual obligation and will refund the total price to the BUYER within 10 days.

8.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the contractual product will be terminated.

8.7. 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 accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.

8.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a lump sum within 10 days for payments made by the BUYER in cash. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 7 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

8.9. SELLER has the right to reach BUYER via letter, e-mail, SMS, telephone conversation and other means for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract.

8.10. BUYER shall inspect the goods/services subject to the contract 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 BUYER. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice must be returned.

8.11. 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 hours, the SELLER has the right to cancel the order.

8.12. BUYER declares and undertakes that the personal and other information provided by him while registering on the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.

8.13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.

8.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

8.15. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website. The BUYER accepts, undertakes and declares that it has all necessary rights and authorizations for the use of its personal and other information for the processing and compilation of all activities to be carried out by bestello.com for the provision of Services and in business partnerships and systems belonging to third parties, without any time or place limitation and free of charge.

8.16. The member who violates one or more of the articles listed in this membership agreement shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

9. BILLING INFORMATION

Name/Surname/Title	:
Address	:
Telephone	:
Fax	:
Email/Username	:
Invoice Delivery	:

10. 
    RIGHT OF WITHDRAWAL

10.1. In distance contracts related to the sale of goods, the BUYER may use the right to reject the goods and withdraw from the contract without giving any reason within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated. In distance contracts related to the provision of services, this period starts from the date of signing the contract. The BUYER must notify the SELLER within this period regarding the use of the right of withdrawal. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the seller or provider in a clear and understandable manner on the issues specified in the regulation and that he/she will be under a payment obligation if he/she approves the order, and the BUYER accepts in advance that he/she has been informed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER.

10.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out under Article 11. In case of exercising this right,

3. a) The invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
4. b) Return form,
5. c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
6. d) The SELLER is obliged to return the total price and the documents that burden the BUYER with debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
7. e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault.
8. f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the Regulation, it is not possible to return Special Design products and materials that are prepared in accordance with the BUYER's requests or clearly in line with his/her personal needs and that are not suitable for return due to their nature, if the packaging has been opened by the BUYER.

Special Design product group materials can be returned if they are unopened, untested, undamaged and unused.

12. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

BUYER accepts, declares and undertakes that in case of default in transactions made with credit card, the cardholder bank will pay interest within the framework of the credit card agreement made with the BUYER and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from BUYER and in any case, in case BUYER defaults due to his debt, BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by SELLER due to delayed payment of the debt.

13. COMPETENT COURT

13.1. The Parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides will have jurisdiction up to the value declared by the Ministry arising from the implementation and interpretation of the Agreement.

13.2. The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court where the SELLER purchased the goods or services or where it is domiciled, within the monetary limits determined by the Ministry. Information regarding the monetary limit is provided below:

Effective as of 28/05/2014:

For disputes with a value below 2,200.00 TL (Two Thousand Two Hundred Turkish Lira), it is mandatory to apply to the District Consumer Arbitration Committees, for disputes with a value below 3,300.00 TL (Three Thousand Three Hundred Turkish Lira), it is mandatory to apply to the Provincial Consumer Arbitration Committees, and in provinces with metropolitan status, for disputes between 2,200.00 TL - 3,300.00 TL (Two Thousand Two Hundred Turkish Lira and Three Thousand Three Hundred Turkish Lira), it is mandatory to apply to the Provincial Consumer Arbitration Committees. For disputes above these values, applications cannot be made to the Consumer Arbitration Committees.

This Agreement is made for commercial purposes.

14. FORCE

If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed without receiving confirmation that the said Agreement has been read and accepted by the BUYER on the site.

SALES PERSON	:	Berk Clothing Industry Trade Limited Company
BUYER	:
HISTORY	: