DISTANCE SALES AGREEMENT
ARTICLE 1: Subject of the Contract and the Parties
This contract determines the rights and liabilities of the abovementioned parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the purchase performed by the Buyer whose detailed information is given below of products and/or services on the website www.beyliss.com operated by the seller (hereinafter referred to as the “Website”) and the delivery of these purchased products and/or services to the delivery address.
Company Name: Beyliss Tekstil ve Turizm Tic. Ltd. Şti.
(Central Registry System No: 0601032116500016)
Address: Kilyos Caddesi No: 258/1 Uskumruköy, Sarıyer/İstanbul
Tel: 0212 262 22 72
Fax: 0212 262 22 72
Name Surname / Title:
ARTICLE 2: Contract Date and Delivery
This contract has been signed on [ ], the date of the Buyer’s order on the Website, and a copy of the contract prepared within the scope of the agreement between the parties has been sent to the Buyer’s email address given above.
ARTICLE 3: Products and Services
The nature of the products and services (hereinafter “Product”) purchased by the Buyer, their number, sales price, tax amounts are as follows.
Price of the unit
Name, code, barcode etc.
ARTICLE 4: Shipping and Delivery
The Product will be delivered in a packaged and intact condition, together with its invoice, to the abovementioned address provided by the Buyer during the order and purchase within 30 days at the latest. This period may be extended in compulsory situations. It is not obligatory to deliver the Product to the Buyer in person, but it will be delivered to the person who is at the delivery address at that time of delivery and accepts the delivery on behalf of the Buyer. The Seller shall not be held liable if the person or organization present at the delivery address at that time of delivery does not accept the delivery of the Product or if the delivery address is incorrect. The Buyer is obliged to check the Product at the time of delivery, shall there be any problem arising from the shipping company to have this issue recorded in a report and not to accept the delivery of the Product in such case. Otherwise, the Buyer is held fully responsible, and the Seller shall not accept any responsibility.
ARTICLE 5: Payment Method
The sale transaction is carried out in the form of CASH SALE by charging the entire price of the Product at once. The fact that the Buyer on his/her own will made the payment in a deferred form through his/her credit card cannot be interpreted as the sale made in installments. In the event of making the payment in deferred form via the credit card the Buyer accepts, declares, and undertakes that he/she has received the necessary information from the bank or another payment institution regarding the relevant interest rates and default interest charged by the bank or payment institution for such payment type, and that this issue is not related to the Seller. Apart from this, the legal rights of the Seller regarding the cases that are legally deemed to be sales in installments (including the right to terminate the contract and/or demand the payment of the remaining debt together with the default interest) are reserved. In this type of cases, in the event of the Buyer’s default a monthly default interest rate of 3% is applied.
ARTICLE 6: General Provisions
6.1. The Buyer acknowledges that he/she has read and is aware of the preliminary information regarding basic characteristics of the Product, the sales price, the form of payment and the terms of delivery provided on the Website, and that he/she gives the necessary approval and confirmation for the electronic sale.
6.2. Prior to the conclusion of the distance sales contract the Buyer confirms that he/she has been provided with correct and complete information regarding the address that needs to be given to the Consumer by the Seller, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information.
6.3. The Seller is responsible for delivering the product that is the subject of this contract in a sound and complete manner, in accordance with the characteristics specified in the order, and together with the warranty documents and user manuals, shall there be any.
6.4. The Seller may supply a different product of equal quality and price to the Buyer before the contractual performance obligation expires.
6.5. In the event that the delivery of the Product becomes impossible, the Seller notifies the Buyer before the end of the performance obligation period and may supply a different product of equal quality and price.
6.6. In order for the Product to be delivered, the approved and signed copy of the contract must be delivered to the Seller and the sales price must be paid in the form of payment preferred by the Buyer. In the event that the Bank or the Buyer fails to pay the sales price of the Product for any reason, the Seller is released from the obligation to deliver the Product.
6.7. In the event that the Bank or another payment institution fails to pay to the Seller the sales price for any reason after the delivery of the Product, the Buyer is obliged to return the Product to the Seller within 3 days at the latest at his/her own expense. All other contractual and statutory rights of the Seller are reserved.
6.8. If the delivery of the Product does not take place within 30 days due to force majeure, weather conditions, or other unexpected events and the delay lasts for more than 10 days, the Seller may terminate the contract by providing the necessary information, in this case, if the sales price of the Product has been collected, the refund will be issued to the Buyer within 10 days from the cancellation date. For credit card payments the refund is performed by returning the sales price to the credit card of the Buyer.
6.9. The Buyer accepts and declares that he/she has been provided with the preliminary information that includes the basic characteristics, sales price, payment method, delivery conditions and other issues related to the Product that is the subject of this sale, as well as the "right of withdrawal", that he/she has read the preliminary information electronically and has confirmed it, and that after having done this he/she has concluded the contract by ordering the Product. The text of preliminary information and issued invoice are integral parts of this contract.
ARTICLE 7: Right of Withdrawal
7.1. In the event of the Buyer exercising his/her right of withdrawal from the contract by refusing the goods or services within 14 (fourteen) days from the date of the delivery or from the date of the conclusion of this contract without any legal and criminal liability and without giving any justification, the Seller undertakes to take back the goods starting from the date when the Seller or the product supplier received the withdrawal notification.
7.2. In order to use the right of withdrawal, a written notification must be sent to the Seller within this period. If such right is exercised, it is obligatory to return a copy of the cargo delivery receipt and the original invoice to the Seller together with the Product that had been delivered to the 3rd party or the Buyer. The refund of the sales price will be issued to the Buyer within 10 days from the receipt of these documents. For credit card payments the refund is performed by returning the sales price to the credit card of the Buyer.
7.3. If the original invoice is not sent in accordance with the tax legislation, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the returned product is paid by the Buyer.
7.4. The Buyer cannot exercise the right of withdrawal in the event that the Product was produced in accordance with the special requests and demands of the Buyer, has been modified or personalized by making changes or additions to it, cannot be returned due to its nature, or in case there is a possibility of rapid deterioration or exceeding the expiration date.
ARTICLE 8: Products Exempt from the Right of Withdrawal
Refunds are not accepted for the products that cannot be returned due to their nature, disposable products, reproducible software and programs, products that deteriorate rapidly or are likely to exceed their expiration date. The following products can be returned on the condition that the package of the product is unopened, intact and the product has not been used and tested. All kinds of cosmetic products - underwear - all kinds of personal care products - all kinds of software and programs - DVD, VCD, CD and cassettes - computer and stationery consumables (toner, cartridge, tape, etc.).
ARTICLE 9: Evidence Agreement and Authorized Court
In the resolution of any dispute that may arise from this contract and/or its implementation the records of the Seller (including magnetic media such as computer-sound recordings) constitute definitive evidence, Consumer Arbitration Committees are authorized to settle the dispute between the Buyer and the Seller for the cases up to the value announced by the Ministry of Industry and Trade and in exceeding cases, the Consumer Courts and Execution Directorates has such authorization.
The Seller declares and acknowledges that he has read, understood and fully accepted this agreement and the preliminary information agreement, and that the contract was completed with the approval he made on the Website.