Distance Sales Agreement
Article 1. Seller
Title: RB Clothing Industry and Trade Inc. MERSIS No: 0734164823400001 Address: Merkez Mah. Kazım Orbay Cad. No: 57 Internal Door No: 4 Şişli / İstanbul Website: https://inthemoodforlove.com.tr E-mail: email@example.com
Article 2. Subject of the Agreement
2.1 The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection, the Distance Sales Regulation, and other related regulations, regarding the sale and delivery of the product described below in its features and sales price, which the real or legal person ("Buyer") who signed this agreement ordered electronically from the website https://inthemoodforlove.com.tr ("Website") owned by the Seller. For Buyers who are not considered consumers, the provisions of the Code of Obligations and the Turkish Commercial Code apply.
2.2 The Buyer acknowledges and declares under the provisions of this agreement that they have been informed by the seller in a clear, understandable, and internet-compatible manner about the seller's name, title, open address, phone and other access information, the basic features of the product subject to sale, including taxes, the sale price, payment method, delivery conditions and expenses, etc., all pre-information about the product, and the "right of withdrawal" and how this right will be used, and complaints and objections that can be directed to the official authorities. They confirmed this pre-information electronically and then ordered the product.
2.3 The Pre-Information located on the Website and the invoice issued upon the order placed by the Buyer are inseparable parts of this agreement.
Article 3. Product(s) Subject to the Agreement, Delivery, and Payment Information
The Buyer acknowledges and declares that they have been informed and have approved the type, code, quantity, brand/model, sale price, payment method, recipient, delivery address, invoice details, and shipping fee of the Product(s) purchased electronically. The individual to be invoiced must be the same as the person making the agreement.
Article 4. Matters for which the Buyer was Informed in Advance
The Buyer acknowledges, declares, and commits to having been informed of the following matters prior to the establishment of this Agreement by its acceptance by the Buyer on the Website and before undertaking both the order and the payment obligation:
- Seller's title and contact information, details about the professional chamber, and current promotional information.
- Basic features of the Product(s), total price including taxes, and information about shipping costs.
- Delivery, billing, and payment information for the Product(s).
- Shipping restrictions set by the Seller for the Products.
- Conditions, period, and method of using the right of withdrawal when the Buyer has this right, and that the Buyer will lose the right of withdrawal if it is not used within the period.
- Products for which the Buyer does not have the right of withdrawal.
- How the Products can be returned to the Seller in cases where there is a right of withdrawal and all financial matters related to returns (including return methods, costs, and deductions and offsets for reward points earned/used by the Buyer during the return).
- Stages of the sales transaction when purchasing from the Website and tools-methods related to correcting incorrectly entered information.
- In cases of disputes, contact information where the Buyer can communicate complaints to the Seller and legal applications that can be made to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 5. Order & Payment Conditions
The total TL amount of the products selected by the Buyer, including VAT (total installment amounts in installment transactions), and all costs including shipping fee, if any, are processed through the payment method chosen by the customer after being approved by the Buyer. A shipment will not be made until an order confirmation email is sent following the payment.
Article 6. Shipping and Delivery Conditions
6.1 The Seller will ship the Products within a maximum of 30 days using its affiliated courier service. If the courier company does not have a branch in the Buyer's location, the Buyer must collect the Product from the nearest branch of the courier company within a maximum of 7 days; otherwise, the Buyer will be responsible for all resulting damages and costs.
6.2 If the Buyer is not personally present at the address at the time of delivery and if no one at the address accepts the delivery, the Seller will be considered to have fulfilled its obligation. If no one is available at the address to accept the delivery, it's the Buyer's responsibility to follow up with the courier service. The Seller cannot be held responsible if the Product is to be delivered to someone other than the Buyer and that person/organization is not present or refuses the delivery. In these cases, all damages resulting from the Buyer's late receipt of the Product, the Product's stay at the courier company, and/or the return of the shipment to the Seller will be borne by the Buyer.
6.3 The Buyer is responsible for checking the Product upon delivery and, if there's an issue arising from the courier, the Buyer should not accept the Product and must ensure an official report is prepared by the courier representative. Otherwise, the Seller won't accept responsibility.
6.4 In case the Product cannot be delivered within the legal timeframe due to force majeure, the Seller will immediately notify the Buyer. In this case, the Buyer can either cancel the order or wait until the force majeure event ends. If the Seller can't procure the Product, the Seller will inform the Buyer within 3 days. If the Buyer cancels the order, the Seller is obligated to return the total amount paid by the Buyer and any document that incurs debt to the Buyer within 14 days. In such a situation, the Buyer will not have any additional material or moral damage claims against the Seller.
6.5 After the Product delivery, if the bank or financial institution does not pay the Product's price to the Seller or requests the paid amount back for any reason, the Product must be returned to the Seller by the Buyer within 3 days. If the non-payment of the Product price arises from the Buyer's fault or negligence, shipping costs will be borne by the Buyer. The Seller reserves all rights, including the right to claim the Product price.
Article 7. Right of Withdrawal and Conditions of Use for the Buyer
7.1 The Buyer has the right to withdraw from the order/Agreement without stating any reason and without any penalty within fourteen (14) days from the date of receiving the Product. However, the Buyer can use this right of withdrawal between the establishment of the Agreement and the delivery of the Product.
7.2 Unless otherwise agreed in writing by the parties, the Buyer cannot exercise the right of withdrawal for the following Product/services, even if they haven't been used: a) Products or services whose prices are subject to fluctuations in financial markets and are not under the control of the Seller. b) Products prepared according to the Buyer's wishes or personal needs (those modified or added to make them specific to the person/specific needs). c) Products whose protective elements such as packaging, tape, seal, or package have been opened after delivery and are not suitable for return due to health and hygiene reasons. d) Services that started with the Buyer's approval before the end of the withdrawal period.
Article 7. Right of Withdrawal and Conditions of Use for the Buyer (continued)
7.3 For the Buyer to exercise the right of withdrawal, they must notify the Seller in writing through the Seller's official contact channels and return the Product within 14 days. The Seller is obligated to return the total amount paid and any documents that incur debt to the Buyer within 14 days of receiving the withdrawal notice. The Product's return shipping cost will be borne by the Buyer.
7.4 If the Buyer exercises the right of withdrawal, any damage to the Product due to the fault of the Buyer or its use that reduces its value will be borne by the Buyer. If the decrease in the value of the Product or the damage is due to the Buyer's fault, the Seller has the right to demand compensation for the loss in value.
7.5 If the Buyer chooses a payment method with a cost, the Seller is not obligated to cover the additional fees when returning the amount paid.
Article 8. Settlement of Disputes
8.1 Any dispute arising from the execution of this Agreement will be settled by the Arbitration Committee or the Consumer Court in the Seller's location.
8.2 If the Buyer makes a complaint or objection to the bank or payment agent about the payment made by the Buyer, the Buyer must send the necessary documents to prove the complaint to the Seller. If the Buyer does not submit the necessary documents within 15 days, the Buyer will be deemed to have accepted the Seller's records.
8.3 During the resolution of disputes, the Buyer must provide all correspondence, documents, and records to prove their claims. If the Buyer fails to provide the necessary documents, the Seller's declarations and records will be deemed valid and binding.
Article 9. Miscellaneous
9.1 Any changes to this Agreement must be in writing. No verbal agreement, claim, or promise made by the parties outside of this written Agreement will be binding.
9.2 If any provision of this Agreement becomes unenforceable or is declared null and void by any competent authority, the rest of the Agreement will remain in full force and effect.
9.3 This Agreement contains all the terms and conditions agreed upon by the parties and supersedes any previous understandings or agreements between the parties.