Distance Sales Agreement

ARTICLE 1 – PARTIES

1.1 SELLER

 

TITLE: YEŞİM GUNER COMPANY

ADDRESS: TELSİZ MAH 101 STREET NO 100/A FLOOR 1 ZEYTİNBURNU/ ISTANBUL

TELEPHONE :

FAX:

E-MAIL:

1.2. BUYER 

NAME/SURNAME/TITLE:

ADDRESS:

TELEPHONE :

E-MAIL:

ARTICLE 2 – 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 Distance Contracts Regulation published in the Official Gazette on 27.11.2014, regarding the sale and delivery of the product/products that the CUSTOMER ordered electronically from the website called seizetheday.com and whose code, name, quantity and sales price are stated on the invoice in Article 3.

ARTICLE 3 – DETERMINATION OF MATTERS RELATED TO THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT

3.1 PRODUCTS

The basic specifications of the goods or services are available at seizetheday.com. The sales price listed for the products and announced on the site is the price. Advertised prices and promotions remain valid until updated or changed. Prices advertised for a limited period will remain valid until the end of the specified period. All taxes for the goods or services subject to the contract are included in the sales price and published on the site.

3.2 DELIVERY METHOD AND SCHEDULE

Delivery Address:

Person to be Delivered:

Billing Information :

Once the ordered product(s) are procured by Seize The Day, they will be shipped within 1-7 business days, depending on their category. Shipping costs for products shipped by Seize The Day are the responsibility of the customer if the shipping cost is less than 1250 TL, and our company if the shipping cost is over 1250 TL.

3.3 DELAY INTEREST

Payment for purchased products will be made in cash or by credit card. Therefore, the SELLER will not charge any late payment interest.

ARTICLE 4 – GENERAL PROVISIONS

4.1. The seizetheday.com website declares that it has read the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes, the payment method, delivery and the fact that the costs thereof will be covered by the BUYER, the delivery period and the full commercial title, full address and contact information of the SELLER, and that it has been informed accurately and completely and has given the necessary confirmation electronically.

4.2. The product or service subject to this contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that the legal 30-day period does not exceed this period. For orders under 1250 TL, the shipping cost for orders subject to the delivery specified in Article 3 will be charged to the BUYER at the time of payment, while orders over 1250 TL will be paid by the seller.

4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.

4.4. SELLER cannot be held responsible for any failure to deliver the ordered product to BUYER due to any problems encountered by the cargo company during the delivery of the product to BUYER. SELLER will be deemed to have fulfilled its obligations fully and completely even if BUYER is not present at the address at the time of delivery. Therefore, BUYER will be responsible for any and all damages arising from BUYER's late receipt of the product, as well as any costs incurred while the product was waiting at the cargo company and/or the cost of returning the cargo to SELLER.

4.5. If the BUYER makes payment for the service(s) subject to this agreement by credit card, all legal risks, including unauthorized and unfair use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the service will be provided, shall be borne by the BUYER. The BUYER accepts and undertakes that it will not make any claims against the SELLER in the event of any damages incurred in the aforementioned cases.

4.6. If a repair is requested for the product, the periods specified in the Consumer Law and relevant regulations apply.

4.7. The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that it has a justified reason.

4.8. If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be refunded in a lump sum within 10 days, according to the payment method specified in the order.

4.9. Unless there is a temporary disruption in the delivery of a collected order, the company reserves the right to change the intermediary cargo company for end users without any notice.

4.10. If, after delivery of the product, the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card, bank card, debit card and/or other payment systems offered on the Website by unauthorized persons for reasons not caused by the BUYER's fault, the BUYER is obligated to return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the BUYER's responsibility.

4.11. Once a package is received, it is deemed that the delivery company has fulfilled its duty properly. Therefore, packages found to be damaged during delivery must not be accepted, and a report must be kept.

ARTICLE 5 PAYMENT REFUND PROCEDURE

5.1. In cases where the BUYER exercises its right of withdrawal, or if the product in question cannot be supplied for various reasons, or if the arbitration committee decides to refund the price to the BUYER, the remaining portion of the amount collected by the SELLER, after deducting the shipping fee, will be refunded to the relevant bank within 14 (fourteen) days after the order is cancelled by the BUYER in payments made by credit card, debit card and/or debit card or other payment systems offered on the Website. The bank will refund the payment to the BUYER's credit cards in the same installment as the BUYER purchased the product in. The reflection of this amount in the BUYER's accounts after the refund to the bank depends entirely on the banks' processes, and the SELLER cannot intervene in this matter in any way.

5.2. Products requested to be returned or exchanged must be placed in a separate package/box and returned in a way that will prevent any damage during shipping. Any damage to the original boxes or shipping labels, etc., will impair the originality of the products and therefore their resalability, and therefore, they will not be returned or exchanged.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. In distance contracts for the sale of goods, the consumer has the right to withdraw from the contract by rejecting the goods within 14 days from the date of receipt, without assuming any legal or criminal liability and without giving any justification. However, some products sold on our website are made to order, and returns are not accepted for these dresses. This statement is clearly stated on the product detail pages. In distance contracts for the provision of services, this period begins on the date the contract is signed. If the contract stipulates that the service will be performed before the 14-day period expires, the consumer may exercise the right of withdrawal up to the date the performance will begin. The costs incurred in exercising the right of withdrawal will be borne by the BUYER, as the product will be shipped via the SELLER's contracted cargo company.

6.2. To exercise the right of withdrawal, the SELLER must be notified by fax, telephone, or email within 14 days, as specified in Article 1 of this Agreement, and the product must not have been used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must have been unused in accordance with the provisions of Article 6 of the distance sales contract. If the returned product is returned via the SELLER's contracted cargo company, the return shipping costs will be deducted from the customer's return price at the contracted price of the company.

6.3. Products to be returned within 14 days must be returned complete and undamaged, including the box and packaging. The product price will be refunded to the Customer within 14 days following the receipt of these documents by the Seller.

6.4. If this right is exercised, the original invoice and a copy of the cargo delivery report stating that the product delivered to a third party or the BUYER was sent to the SELLER must be returned. If the original invoice is not returned, VAT and any other legal obligations cannot be refunded.

ARTICLE 7 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

1. a) 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. b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
3. c) Contracts for the delivery of goods that are perishable or may expire quickly.

d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.

1. d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
2. e) Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
3. f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
4. g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the utilization of free time for entertainment or recreation purposes, which must be made on a specific date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

1. h) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period.

ARTICLE 8 – COMPETENT COURT

In case of disputes arising from the implementation of this Agreement, Turkish Law shall apply and Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction.

This Agreement has been read, accepted, and confirmed by the parties electronically. For matters not regulated in this Agreement, the provisions of Consumer Protection Law No. 6502 and related legislation shall apply. If the order is placed, the BUYER shall be deemed to have accepted all terms of this Agreement.

SELLER: YEŞİM GUNER COMPANY

BUYER :

HISTORY :