Distance Sales Agreement
DISTANCE SALES AGREEMENT
1-With this contract, the conditions regarding the shopping between the "Consumer" (hereinafter referred to as the Customer) and the "Seller" are regulated in the form of immediate or subsequent delivery or performance of the goods or services to the consumer, using written, visual and electronic media or other communication tools and without confronting the consumers.
2- The SELLER is Serra Cömert Tamias Private Company (hereinafter referred to as Tamias.co).
MERSIS number:
Address:
Email address:
Phone number:
The BUYER is (Please fill in the buyer's information) (hereinafter referred to as the "Buyer").
ID number:
Address:
Email address:
Recipient for delivery:
Delivery address:
Phone:
Fax:
Email/username:
ORDER PLACER INFORMATION:
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
INFORMATION ABOUT THE SUBJECT OF THE CONTRACTED PRODUCT/PRODUCTS:
5.1. The basic specifications of the goods/products/services (size, color, measurements, fabric structure, etc.) are published on Thamias.co's website and social media accounts.
5.2. The prices listed and offered through the website or social media addresses are selling prices. The prices stated indefinitely will remain valid until they are updated or changed. The prices stated for a specific period will be valid until the expiration of that period.
5.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Fee:
Total:
Payment Method and Plan
5.4. The shipping cost, or in other words, the courier cost, will be borne by the BUYER.
6-INVOICE INFORMATION:
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the specified address within the product package.
7.3. Tamias.co will prepare the contracted product in accordance with the specified qualities stated in the order, complete with warranty documents and user manuals, free from any defects, compliant with legal regulations, and deliver it in a sound condition, in accordance with the principles of accuracy and honesty. Furthermore, Tamias.co agrees, declares, and undertakes to exercise the necessary care during the performance of the work.
7.4. Tamias.co may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the fulfillment of the performance obligation arising from the contract.
7.5. In the event that the performance of the contract becomes impossible for the product/service subject to the contract, Tamias.co agrees, declares, and undertakes to notify the consumer within 3 days from the date of learning about this situation and to refund the total amount to the buyer within 14 days if it fails to fulfill its contractual obligations.
7.6. The BUYER agrees, declares, and undertakes to confirm this agreement electronically for the delivery of the contracted product and acknowledges that in case the payment for the contracted product is not made and/or canceled in the bank records, Tamias.co's obligation to deliver the contracted product will be eliminated.
7.7. The SELLER agrees, declares, and undertakes to notify the buyer in case the delivery of the product subject to the contract cannot be made within the specified period due to circumstances beyond the parties' control, unforeseeable events, and force majeure, which prevent or delay the fulfillment of the parties' obligations. The BUYER has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or postponement of the delivery period until the obstructive situation is resolved. In case the buyer cancels the order, the product amount paid in cash will be refunded to the buyer within 14 days. In case the buyer makes the payment with a credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the buyer. The BUYER acknowledges that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to be reflected in the BUYER's account by the bank, and that the reflection of this amount to the account is entirely related to the bank's transaction process. Therefore, the BUYER agrees, declares, and undertakes that they cannot hold the SELLER responsible for any possible delays.
7.8. The SELLER agrees, declares, and undertakes that they can be contacted through communication tools such as the telephone number and email address specified in the membership form. In case these tools are changed and transferred to the SELLER by the BUYER, the BUYER will be able to reach the SELLER through the new communication tools.
7.9. The BUYER shall immediately inspect the product or service subject to the contract upon delivery and, in the event of any defects (damaged packaging, torn fabric, loose stitches, etc.) or damages, shall immediately notify the seller and return the product. Otherwise, the BUYER shall be deemed to have accepted the defective/damaged product and shall not be able to exercise the rights arising from the defect. If the buyer directly accepts the product (failure to return it within the specified period), it will be deemed that the product is free from defects and damages. The duty to carefully preserve the product or service after delivery passes to the buyer. In the event of exercising the right of withdrawal, the product/service must not have been used, and the invoice must also be returned.
7.10. If the credit card holder used during the order process is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request from the BUYER to provide the identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank stating that the credit card belongs to the cardholder. The BUYER's request for information/documents mentioned above
The order will be put on hold until it is fulfilled, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
7.11. The BUYER acknowledges, declares, and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and agrees to immediately, in cash and in full, compensate the SELLER for any damages incurred due to the inaccuracy of this information upon the SELLER's first notification.
7.12. The BUYER agrees and undertakes to comply with the provisions of the applicable legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising from such violations shall be solely and exclusively binding on the BUYER.
7.13. Through the SELLER's website, links may be provided to other websites and/or content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided to facilitate the navigation for the BUYER and do not endorse any website or the person operating it, nor do they imply any warranty regarding the information contained on the linked website.
8-RIGHT OF WITHDRAWAL:
8.1. In the case of a distance contract relating to the sale of goods, the BUYER may exercise the right of withdrawal without assuming any legal or criminal liability and without giving any reason by rejecting the goods and notifying the SELLER in writing within 14 days from the delivery date to the BUYER or the designated address. In the case of distance contracts for the provision of services, this period starts from the date of signing the contract. In service contracts where the performance of the service has started with the consumer's consent before the expiry of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges being informed about the right of withdrawal.
8.2. In the event of exercising the right of withdrawal, the BUYER is obliged to return the invoice of the goods or services (if an invoice return is possible in corporate establishments, an invoice return should be made).
8.3. The SELLER is obliged to refund the payment and return any documents that place the BUYER in debt within 10 days from the receipt of this withdrawal notification, and the BUYER is obliged to return the goods or services subject to the contract within 10 days.
8.4. If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER shall be liable to compensate the SELLER for the damages to the extent of their fault. However, the BUYER shall not be held responsible for any changes or deterioration in the goods or products due to their proper use within the withdrawal period.
8.5. The BUYER is obliged to fill out the return form provided by the SELLER for all return requests.
9-PRODUCTS THAT CANNOT BE RETURNED:
9.1. Products produced at the request of the member/customer shall be considered as the work of the SELLER and shall be subject to the "work contract" unlike standard products. The return of custom-made products and the exercise of the right of withdrawal for these products are not possible.
9.2. Customized products based on customer measurements, damaged products by the customer, and products not used in accordance with the instructions cannot be returned, and there is no possibility of withdrawal from the contract.
9.3. Products purchased by trying them on in our stores cannot be returned.
9.4. From the date you receive the product, you have the option to exchange the size and model one time within 7 days.
DEFAULT AND LEGAL CONSEQUENCES:
In the event that the buyer defaults on payment made by credit card, the buyer acknowledges, declares, and undertakes that they will pay interest to the bank in accordance with the credit card agreement between the cardholder and the bank, and they will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the expenses and attorney fees from the buyer and, under any circumstances, the buyer, in case of default in the performance of the debt, agrees, declares, and undertakes to pay the damages incurred by the seller due to the delayed performance of the debt.
COMPETENT COURT
In disputes arising from this agreement, complaints and objections can be filed with the Consumer Problems Arbitration Committee or the consumer court within the monetary limits specified in the relevant laws.
This Agreement is made for commercial purposes. In case there is no specific regulation in the laws regarding disputes that may arise within the framework of this agreement, Kocaeli Courts and Enforcement Offices are authorized.
EFFECT
The buyer is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the website.
