DISTANCE SALES AGREEMENT

 

 

1. Parties

This Agreement is made between:

↳ Seller

Company Name: Only Classic (Eren Arıkan Sole Proprietorship)

Address: Veysel Karani Dist., 5. Yeni St., No: 31-33 OSMANGAZİ / BURSA

Tax Office: ULUDAĞ TAX OFFICE

Email: [email protected]

Customer Service Phone: +90 0531 303 27 85

and

↳ Customer

Name/Title: 

Address:

Email:

Phone: 

This Agreement was entered into on [DYNAMIC] date, based on the offer and acceptance communicated through the internet platform.

(In this Agreement, the Seller and the Customer shall be individually referred to as a "Party" and collectively as the "Parties".)

2. Definitions

In the implementation and interpretation of this Agreement, the following written terms shall represent the explanations provided alongside them:

MINISTRY: The Ministry of Trade of the Republic of Turkey,

PRODUCT: The products to be sold under the brand name Only Classic in the transaction,

SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities,

CUSTOMER: The natural or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes,

WEBSITE: The website owned by the Seller,

ORDER PLACER: The natural or legal person who requests a product or service through the Seller's website,

PARTIES: The Seller and the Customer,

AGREEMENT: The distance sales agreement concluded between the Seller and the Customer.

3. Subject of the Agreement

3.1. The subject of this Agreement is the regulation of the rights and obligations of the Parties regarding the sale and delivery of the products ("Product/Products") with the specified characteristics mentioned in the Agreement, which the Customer orders electronically from the website owned by the Seller, Only Classic (referred to as the "Site" hereinafter), in accordance with the relevant provisions of the applicable legislation.

3.2. The prices listed and announced on the website are the sales prices. The announced prices are valid until updates or changes are made on the website. Prices announced for a specified period are valid until the end of the specified period.

4. Contractual Product or Service, Payment, and Delivery

The type, quantity, brand, model, color, and sales price including VAT of the Product or Products forming the subject of this Agreement are as specified below:

Product Description/Stock Code/Number          Quantity Unit Price              Subtotal (Including VAT)

5. Representations, Rights and Obligations of the Parties

5.1. The Customer acknowledges, declares, and undertakes that they will bear the sales price including VAT and delivery expenses of the Product or Products subject to this Agreement. The Customer further acknowledges that they have read and fully understood the pre-information form regarding the Seller's full commercial name, address, and contact information, and they have provided the necessary consent electronically, acknowledging the accuracy and completeness of the information.

5.2. The Customer acknowledges, declares, and undertakes that they have knowledge about the essential characteristics of the Product or Products being sold, the sales price, payment method, delivery conditions, and all other preliminary information, including the right of withdrawal. The Customer confirms that they have confirmed this preliminary information electronically and subsequently placed an order for the Product or Products, accepting, declaring, and undertaking to comply with the provisions of this Agreement.

5.3. The delivery of the Product or Products will be made as soon as possible after the availability of stock and the payment of the price is credited to the Seller's account. The Seller agrees, declares, and undertakes to deliver the Product or Products to the delivery address specified in this Agreement, depending on the distance of the Customer's place of residence, within a period not exceeding 30 (thirty) days from the date of the order.

5.4. The Seller accepts, declares, and undertakes that they are responsible for delivering the Product or Products specified in the Agreement to the Customer in a complete, conforming to the specified qualities in the order, and, if applicable, with warranty documents, user manuals, and any necessary information and documents related to the job.

5.5. If the Seller has declared that they will cover the delivery fee for those who make purchases above a certain amount determined by themselves and announced on the Site, or if they will provide free delivery as part of a campaign, then the delivery expenses will be borne by the Seller. However, if no statement has been made regarding free delivery, the expenses will be borne by the Customer.

5.6. The Customer will inspect the Product or Products at the time of delivery but before accepting them, and will not accept damaged or defective Products with dents, breakage, torn packaging, or similar damages from the shipping company.

5.7. The Customer acknowledges, declares, and undertakes that the Product or Products received from the shipping company are delivered to them complete, undamaged, and in good condition. The Customer is responsible for the careful preservation of the Product or Products after delivery. If the right of withdrawal is to be exercised, the Product or Products in question should not be used. The invoice should also be returned. If the returned Product or Products, using the right of withdrawal, have been used, the Seller reserves the right not to accept the return of the Product or Products.

5.8. If the relevant bank or financial institution, due to the unauthorized or unlawful use of the Customer's credit card by unauthorized individuals, not arising from the Customer's fault, fails to make payment to the Seller for the price of the Product or Products, the Customer acknowledges, declares, and undertakes that they are obliged to return the delivered Product or Products to the Seller within 3 (three) days, and in this case, the delivery expenses incurred will be borne by the Customer.

5.9. If for any reason the price of the Product or Products is not paid or is canceled in the bank records, the Seller shall be deemed released from the obligation to deliver the Product or Products under this Agreement.

5.10. In the event that the Product or Products are to be delivered to a person/organization other than the Customer, the Parties acknowledge, declare, and undertake that the Seller shall not be responsible for the refusal of acceptance by the recipient.

5.11. If the Seller considers that the performance of the Product or Products has become impossible, the Seller shall notify the Customer before the expiration of the performance period stated in the Agreement. The paid amount and any accompanying documents will be refunded to the Customer within 10 (ten) business days.

5.12. The Seller shall not be held responsible for any inability to deliver the ordered Product or Products to the Customer's specified delivery address due to any problems encountered by the shipping company responsible for the delivery.

5.13. In the event that the Seller is unable to deliver the Product or Products within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the Seller is obliged to inform the Customer about the situation. In this case, the Customer may exercise their right to cancel the order or postpone the delivery period until the obstructing condition is resolved. If the Customer cancels the order, the amount paid will be refunded to them within 10 days.

5.14. If the Customer makes a purchase with a credit card and in installments, the installment method specified in this Agreement shall apply.

5.15. In payments made by the Customer with a credit card, the product amount will be refunded to the relevant bank within 10 business days after the Customer cancels the order. The reflection of this amount into the Customer's account is entirely related to the bank's transaction process, and the Seller cannot intervene in any way regarding this matter.

5.16. The coupon codes that the Customer earns for use on the website can only be used once for each order. If they are used 2 or more times, the order will be canceled, and the paid amount will be refunded.

5.17. The Seller reserves the right to stop the order if the information provided by the Customer does not match the reality. In cases where the Seller identifies problems with the order and cannot reach the Customer through the provided phone, email, and mailing addresses, the Seller suspends the order for a period of 15 (fifteen) days. During this time, the Seller expects the Customer to contact them regarding the matter. If no response is received from the Customer during this period, the Seller cancels the order to prevent any harm to both parties.

5.18. Bank transfer orders that are not paid within 3 business days will be canceled. In the case of the same customer initiating two consecutive bank transfers without making the payment, the Seller reserves the right to cancel other bank transfer orders. If the Customer fails to receive a cash on delivery order twice, the Seller may cancel the Customer's other cash on delivery orders.

5.19. In the return process of promotional products, it is mandatory for the Customer to send all the products included in the purchased campaign back to the Seller. If the promotional product(s) included in the campaign are not returned to the Seller in their entirety, the Customer will be considered out of the campaign, and the remaining products will be evaluated at the seasonal price for the Customer, and the refund will be made for the remaining amount.

5.20. The Customer who violates the provisions of this agreement will be personally liable for the legal and penal consequences of such violations. The Seller shall not be held responsible for the legal and penal consequences of these violations. Additionally, the Seller reserves all rights to pursue legal action and complaints regarding such violations.

6. Right of Withdrawal

6.1. The Customer has the right of withdrawal without stating any reason within 14 (Fourteen) days starting from the delivery of the Product(s) to the delivery address specified in this Agreement. However, the Customer does not have the right to request product exchange. In case the Customer is not satisfied with the product, they must exercise their right of withdrawal by initiating the product return procedure. The Customer acknowledges and agrees in advance that no product exchange will be made.

6.2. In order to exercise the right of withdrawal, it is required to notify the Seller via email within the 14-day period and the Product(s) to be returned must be unused and in a resalable condition in accordance with the provisions of Article 6 of this Agreement. When exercising the right of withdrawal, the following conditions must be met:

- The invoice of the Product(s) delivered to the delivery address specified in this Agreement must be returned. (If the invoice of the Product(s) to be returned is issued to a company, it must be sent along with the return invoice issued by the company. Returns of orders issued on behalf of companies cannot be completed without an official return invoice.)

- The return form.

- The box, packaging, and, if applicable, the standard accessories of the Product(s) must be returned to the Seller complete and undamaged.

6.3. Within 10 (Ten) business days following the receipt of the items listed in Article 6.2, the Seller shall refund the payment for the returned Product(s) to the Customer.

6.4. The Customer shall bear all shipping costs, including the return shipping fees, for any returned Product(s) due to any reason within the specified period. In case of returns for cash on delivery shipments, the service fee charged by the shipping company for collecting the product amount will not be refunded.

6.5. When returning the Product(s) to the Seller, the original invoice presented to the Customer during the delivery must also be returned to the Seller. If the invoice is not sent to the Seller along with the Product(s) or within 5 (Five) days from the date of shipment of the Product(s), the return process will not be carried out, and the Product(s) will be returned to the Customer under the same conditions with the Customer being responsible for the return shipping fees.

6.6. The phrase "return invoice" shall be written on the invoice to be returned, and it shall be signed by the Customer.

6.7. In sales transactions conducted with cash or bank transfer, including the exercise of the right of withdrawal, the refund will be made to the bank account that the Customer used to place the order. Unless otherwise stated by the Customer in writing on the return form, indicating a different account, the Customer cannot request the refund to be made to a bank account of a person other than the account used to place the order through phone, email, or other communication channels. The Customer agrees that the Seller has the right to refuse making the refund to a third-party account, including first-degree relatives.

7. Products For Which The Right Of Withdrawal Cannot Be Used

The right of withdrawal cannot be exercised for the following products:

• Products whose protective elements such as packaging, tape, seal, or package have been opened after delivery.
• Products that are not suitable for return due to health and hygiene reasons.

8. Force Majeure

8.1. Circumstances that do not exist or are not foreseen at the time the contract is signed that are beyond the control of the parties and prevent one or both parties from partially or completely fulfilling their contractual obligations and responsibilities, or make it impossible for them to fulfill them in a timely manner, shall be considered as force majeure (such as natural disasters, war, terrorism, uprising, changes in legislation, seizure or strike, lockout, significant breakdown in production and communication facilities, etc.). The party experiencing the force majeure event shall immediately notify the other party in writing.

8.2. During the continuation of the force majeure, neither party shall be held liable for the inability to fulfill their obligations. If this force majeure situation lasts for a period of 30 (thirty) days, each party shall have the right to terminate the contract unilaterally.

9. Default and Consequences

In the event that the Customer defaults on payment when making the payment transactions with a credit card, the Customer acknowledges, declares, and undertakes to pay interest to the card-issuing bank and be liable to the bank in accordance with the credit card agreement between the Customer and the bank. In this case, the relevant bank may take legal action, claim the resulting expenses and attorney fees from the Customer, and in any case of the Customer's default on the debt, the Customer acknowledges, declares, and undertakes to compensate the Seller for any damages and losses incurred due to the delayed performance of the debt.

10. Competent Court

In disputes arising from this agreement, the laws of the Republic of Turkey shall be applied and the Courts and Enforcement Offices of the Republic of Turkey shall be authorized.

11. Notifications

All notices, notifications and declarations to be given in accordance with this Agreement; shall be made to the addresses of the Parties specified in Article 1 of this Agreement by e-mail, annotated cargo shipment, registered letter with return receipt or by means of a notary public. The Parties agree that the addresses specified in the Agreement are their legal notification addresses, and unless a change of address is notified to the other party at least five (5) business days in advance, notifications made to these addresses will be considered valid. All notifications made by the Seller within the scope of this Agreement will be deemed to have reached the Customer three (3) days after they are sent, and all notifications made by the Customer to the Seller will be valid as of the date they are deemed to have been served in accordance with the laws of the Republic of Turkey.

12. Final Clauses

12.1. This Agreement consists of 12 (twelve) articles and has been concluded by the Parties on [DYNAMIC DATE]. The pre-information form and invoice found on the payment page of the website www.onlyclassic.co are integral parts of this Agreement. The Parties acknowledge that they have read and accepted the entire Agreement, that the information provided by them is accurate, and that all provisions of the Agreement are valid and binding. By confirming this Agreement through the specially designed infrastructure of the website, the Customer is deemed to have accepted all the terms and conditions of the Agreement.

12.2. The Customer is deemed to have accepted all the terms of this Agreement when making payment for the Product(s) ordered through the website.

Seller: Only Classic

Customer: