Distance Sales Agreement

 
 
 
 
 
 
 
This DISTANCE SALES CONTRACT (hereinafter referred to as the "Contract") has been concluded between the parties. 

 
PARTIES: 
 
(1) SELLER:  

Operating at İkitelli Mehmet Akif Mah. Kafkas Sok. No. 40 Küçükçekmece / İSTANBUL, registered with the Anadolu Corporate Tax Office under Tax Identification Number ………………..,         is Giamare Alüminyum Mobilya San. ve Tic. Ltd. Şti.

Telephone: - 

Fax: - 

Electronic Notification Address: info@giamare.com 

(Hereinafter referred to as the SELLER.) 

 

(2) BUYER: 

Operating at …………………………………. Kadıköy - İstanbul, is ……………………………………….  

Telephone: - 

Fax: - 

Electronic Notification Address: 25858-12488-02829 

(Hereinafter referred to as the BUYER or CONSUMER.) and 

 

(3) INTERMEDIARY SERVICE PROVIDER DETAILS: 

Operating at ………………………………… Şişli-İstanbul, registered with the Boğaziçi Corporate Tax Office under Tax Identification Number 2650179910, is ……………………….. 

Telephone: - 

Fax: - 

Electronic Notification Address: 25989-43798-00242 

(Hereinafter referred to as the Intermediary Service.) 

(Hereinafter, the Seller, the Buyer or Consumer and the Intermediary Service Provider may each be referred to individually as a “Party” and collectively as the “Parties”.) 

 

1. SUBJECT OF THE CONTRACT  

 

     1.1 This distance sales contract (the "Contract") has been drawn up, within the framework of Law No. 6502 on Consumer Protection and the relevant secondary legislation, for the purpose of the SELLER offering for sale and delivering the product, whose characteristics and sales price are specified below and which the CONSUMER has ordered electronically via the www.giamare.com website, and determining the rights and obligations of the parties. 

 

     1.2 The CONSUMER accepts, declares and undertakes that they have been informed clearly, comprehensibly and in a manner accessible electronically about the SELLER’s title, full address and contact details, the basic characteristics of the product subject to sale, the total sales price including taxes, the payment and delivery terms, the right of withdrawal and its exercise, and the relevant legal procedures; that they have confirmed this preliminary information electronically; and that they have placed the order accordingly.

 

2. PRODUCT(S) SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY 

 

2.1 Information on the characteristics of the product (type, quantity, colour) and the Sales Price including VAT (quantity x unit price) is as specified in the sub-clauses below, and this information has also been approved by the BUYER.

 

2.1.1 The product sold under this contract is ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Quantity 

Unit Sales Price 

Instalment Sales Price 

…. 

….. 

….. 

 

The BUYER may benefit from the instalment options specified on the order summary page. However, instalments are at the discretion of the relevant banks and are not the responsibility of the SELLER.

 

Instalment sales can only be made with credit cards issued by banks, and the consumer accepts, declares and undertakes that they will separately confirm matters such as the interest rates and default interest applicable to credit card use with the relevant bank, and that, in accordance with the legislation in force, the provisions on interest and default interest will be applied within the framework of the credit card agreement concluded between the consumer and the bank.

 

If the consumer exercises the right of withdrawal, the ordered product cannot be supplied, or the consumer arbitration committee rules that the price be refunded, the following refund procedures will apply:

 

For Credit Card Payments: For instalment transactions, the bank will make the refund in the same number of instalments in which the consumer purchased the product.

 

For Bank Transfer/EFT Transactions: The consumer’s bank account details will be obtained and refunds will be made by bank transfer or EFT to the name on the invoice or to the account number specified by the account holder.

 

For Payments with Shopping Loans: Refunds of purchases made with a loan will be processed according to the procedures set by the bank, and the refund process will be carried out within the framework of the loan agreement between the bank and the consumer.

 

For Cash on Delivery Payments: The consumer’s bank account details will be obtained and the refund will be made by bank transfer or EFT to the account of the person named on the invoice or of the account holder.

 

During the delivery process, the ordered product will be delivered to the address provided by the consumer through the contracted carrier; the shipping fee for delivery is included in the total order amount and delivery costs are borne by the consumer. If the consumer is not present at the specified address at the time of delivery, the seller will be deemed to have fully and completely fulfilled its obligation, and in this context the seller cannot be held responsible for damages and additional costs arising from the consumer’s late collection or non-collection of the product. Nevertheless, the seller is responsible for delivering the product subject to the contract intact, complete, in accordance with the characteristics specified in the order and, where applicable, together with the warranty certificate and user manuals.

 

Under the “Quick and Easy Shopping” option offered to speed up the consumer’s shopping process, an SMS verification code will be sent to the consumer following order confirmation, and if the consumer consents to the storage of their delivery address and payment details in the system, this information will be stored securely. The consumer may delete their saved information at any time via their customer profile, and all processes relating to the storage of such data will be carried out in accordance with the personal data protection legislation in force. 

 

GENERAL PROVISIONS  

 

The CONSUMER accepts, declares and undertakes that they have examined in detail, on the www.hepsiburada.com website, the basic characteristics of the product subject to this contract, its sales price, payment terms, delivery process, right of withdrawal and all relevant preliminary information, that they are fully informed on these matters and that they have given their approval electronically.

 

The product subject to the contract will be delivered to the CONSUMER within thirty (30) days at the latest from the date this contract is concluded. Until the product is delivered, all legal and financial responsibility for storing the product and managing logistics processes rests with the SELLER.

 

If the CONSUMER requests that the purchased product be delivered to a third person or organisation other than themselves, the SELLER will bear no responsibility if the delivery is not accepted by that person/organisation. In this case, the CONSUMER is obliged to arrange for the product to be collected again and will be responsible for any additional costs arising from this process.

 

The SELLER is responsible for ensuring that the product subject to the contract:
Is intact, undamaged and in usable condition; Complies with the technical specifications, colour, model and functional characteristics stated in the order; Is delivered with the warranty certificate, user manual and other legal documents, if any; Reaches the consumer in accordance with the legal warranty coverage determined by the manufacturer or importer;

 

 

For the product to be delivered, the product price must have been paid in full in accordance with the payment method chosen by the CONSUMER. If the product price is not paid for any reason, or if the relevant banking transaction is cancelled or reversed, the SELLER will be fully released from its obligations regarding delivery of the product.

 

If, after the product has been delivered, the CONSUMER’s credit card is used by unauthorised persons without the CONSUMER’s consent, the relevant legal and administrative process will be carried out by the banks. The SELLER will only fulfil the obligations incumbent upon it under the relevant legislation.

 

Products sold with a warranty certificate are assessed under warranty subject to the warranty terms set by the manufacturer or importer. If the product sold is defective, breaks down within the warranty period or does not work in accordance with its intended use, the necessary repair or replacement will only be provided through authorised service centres. If the CONSUMER wishes to send the product to the SELLER due to a defective goods notification or a warranty repair request, the shipping costs arising in this process will be covered by the SELLER.

 

Product returns will be carried out in accordance with the legal procedures set out in the relevant legislation.

 

If the CONSUMER wishes to benefit from "Trade In Your Old One" or similar campaigns, they are obliged to fulfil the relevant campaign conditions fully and completely. If the campaign conditions are fulfilled incompletely or incorrectly, the CONSUMER will not be able to benefit from the campaign advantages. The invoice for products purchased under the campaign will be issued after verification that the CONSUMER has fulfilled the campaign conditions. 

 

For products whose sale is subject to procedures to be carried out before official authorities under the relevant legislation, the Preliminary Information Form and the Distance Sales Contract are only in the nature of a preliminary protocol, and the final sale will only take effect upon completion of the relevant official procedures. The total price of such products does not include notary, tax, duty and other costs that may arise during the official procedures, and these additional obligations are borne entirely by the CONSUMER. Transfer of ownership and possession of such products will take place upon completion of the official procedures. For products in this category, the right of withdrawal, delivery processes and other consumer rights relating to distance sales may be restricted or may not apply. The CONSUMER accepts, declares and undertakes that they are aware of this matter, that they purchase the product subject to sale with this awareness, and that they will act in accordance with the relevant processes. 

 

The Parties accept that all notices, warnings and information to be given under this contract may be sent by email, SMS or other digital communication tools.

 

Notifications sent to the email address or contact number provided by the CONSUMER to the SELLER replace official notification and are deemed legally valid.

 

If there is any change in their contact details, the CONSUMER is obliged to inform the SELLER in writing. Otherwise, notifications sent to the old contact details will be deemed valid.

 

Borr at Your Home Option;

When the CONSUMER likes more than one carpet and has difficulty choosing between them, they may add up to a maximum of 5 carpets to their cart and benefit from the home trial service by pressing the Borr at Your Home button. The trial service fee is 5,000.00 TL, and the carpets will be delivered to the home after payment is made. 

If a carpet is purchased from the site, this amount will be deducted from the carpet’s sales price. If no purchase is made from the site, an invoice for this service will be issued and sent to the consumer. 

 

RIGHT OF WITHDRAWAL 

 

General Provisions 

 

The CONSUMER has the right to withdraw from this Distance Sales Contract signed with the SELLER within fourteen (14) days from the date the contract is concluded, without giving any reason and without paying any penalty. The CONSUMER is obliged to return the goods subject to the contract to the SELLER or to the carrier designated by the SELLER within ten (10) days at the latest from the date they exercise the right of withdrawal. The withdrawal period

 

begins, for contracts for the performance of services, on the date the contract is concluded; and for contracts for the delivery of goods, on the date the CONSUMER or a third party designated by the CONSUMER receives the goods.

In determining the withdrawal period: 

 

For goods within a single order but delivered separately, the date on which the CONSUMER or the third party designated by them receives the last item; for goods consisting of multiple parts, the date on which the CONSUMER or the third party designated by them receives the last part; and for contracts involving regular delivery of goods over a certain period, the date on which the CONSUMER or the third party designated by them receives the first item is taken as the basis.

 

The CONSUMER may exercise the right of withdrawal within the period via the “Easy Return” option in their personal membership account on the Website or through other notification channels provided by the SELLER. The carrier designated for the right of withdrawal is the shipping company that delivered the ordered product, and details of the return process are explained on the CONSUMER’s personal membership page.

 

Cases in Which the Right of Withdrawal Cannot Be Exercised: 

 

The CONSUMER cannot exercise the right of withdrawal in the following contracts:

 

Contracts for goods or services whose price changes depending on fluctuations in financial markets and is not under the control of the SELLER or the provider; contracts for goods prepared in line with the CONSUMER’s special requests or customised to their personal needs; contracts for goods that may deteriorate quickly or risk passing their expiry date; contracts for goods unsuitable for return for health and hygiene reasons whose packaging has been opened or whose tape, seal or package has been damaged; contracts for goods that, after delivery, are mixed with other products and by their nature cannot be separated; contracts for copyright-protected products such as books, digital content or computer consumables whose packaging has been opened; contracts for the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; contracts for accommodation, transport of goods, car rental, food and beverage supply, and entertainment and leisure services that must be performed on a specific date or period; contracts for services performed instantly in electronic form or intangible goods delivered instantly to the CONSUMER; and contracts for services whose performance began with the CONSUMER’s explicit consent before the withdrawal period expired.

 

Right of Withdrawal for Payments Made with a Shopping Loan: 

 

The CONSUMER accepts, declares and undertakes in advance that, for payments made under this contract using a shopping loan, they will exercise the right of withdrawal from the Instant/Distance Shopping Loan Agreement within the framework of the provisions of the loan agreement directly with the lending bank. The CONSUMER’s withdrawal from this Distance Sales Contract signed with the SELLER will not automatically terminate the Instant/Distance Shopping Loan Agreement signed with the Bank. The CONSUMER must submit their withdrawal request regarding the loan agreement directly to the lending Bank within the period and in accordance with the procedure specified in the Instant/Distance Shopping Loan Agreement. If the withdrawal notifications that the CONSUMER must make to the Bank are not made at all or not made on time, the SELLER bears no responsibility regarding the loan relationship between the Bank and the CONSUMER. In this context, the CONSUMER accepts and undertakes that the SELLER is only a party to the contract for the sale of goods or services and that any dispute arising from the loan agreement with the Bank is not the responsibility of the SELLER.

 

FORCE MAJEURE  

 

The SELLER is obliged to deliver the order within 30 days at the latest. However, the SELLER cannot be held responsible for delivery delays caused by natural disasters, disruptions in the logistics chain, import/export restrictions, measures taken by official authorities, strikes, lockouts, war, acts of terrorism or states of emergency. In the event of such extraordinary circumstances, the SELLER is obliged to inform the CONSUMER of the delay in writing. The CONSUMER may request that an alternative delivery date be set or may cancel the order and request a refund.

 

CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA  

 

The CONSUMER accepts that the personal data obtained from them by the SELLER under this contract is processed in accordance with Law No. 6698 on the Protection of Personal Data ("KVKK") and the relevant legislation. The SELLER will use the CONSUMER’s personal data only for processing orders, carrying out delivery, invoicing processes and customer service activities. The CONSUMER’s personal data will not be shared with third parties without their consent, but may be shared within the framework of legal obligations upon the request of legally authorised administrative and judicial authorities.

 

The CONSUMER accepts and declares that, under the KVKK, they have the right to obtain information about their personal data, to request its correction, to request its deletion if the purpose of processing no longer exists, and to object. To exercise these rights, they may apply through the communication channels specified by the SELLER.

 

COMPETENT COURT  

 

In disputes that may arise from the implementation of this Distance Sales Contract, within the monetary limits determined each year by the Ministry of Trade of the Republic of Türkiye, the Consumer Arbitration Committees and Consumer Courts at the place where the CONSUMER purchased the goods or services or where they reside will have jurisdiction. 

 

For PARTIES who do not have consumer status, the Istanbul Central Courts and Enforcement Offices have jurisdiction to resolve disputes that may arise from this Contract.

 

This Contract has been read, accepted and approved by the parties electronically. For matters not regulated in the contract and the preliminary information form, the provisions of Law No. 6502 on Consumer Protection and the relevant legislation will apply.

IN WITNESS WHEREOF, the undersigned have signed this Contract as of the date below 

DATE: 

Signed for and on behalf of. 

…….. 

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Signed for and on behalf of. 

…. 

……. 

Signed for and on behalf of. 

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