Distance Sales Contract
1.PARTIES
This Agreement has been signed between the following parties within the
framework of the provisions and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the "BUYER" in the
agreement)
NAME-SURNAME: (As indicated on the payment page by the BUYER)
ADDRESS: (As indicated on the payment page by the BUYER)
B. ‘SELLER’; (hereinafter referred to as the "SELLER" in the
agreement)
NAME/TITLE: Coastal Stories Textile Apparel Accessories and Decoration
Ind. and Trade Ltd. Co.
ADDRESS: Merkez Mah. Perihan St., No: 9/A, Bomonti, Şişli, 34381,
Istanbul, Türkiye
By accepting this agreement, the BUYER undertakes to pay the order
amount, including the order subject price and any additional charges such as
shipping fees, taxes, if specified, upon confirming the order, and acknowledges
in advance that they have been informed in this regard.
2.DEFINITIONS
The following terms written herein shall have the meanings set forth
opposite them in their written explanations for the application and
interpretation of this Agreement:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on the Protection of the Consumer No. 6502,
REGULATION: Regulation on Distance Contracts (Official Gazette:
27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction other than
providing goods in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope
of its commercial or professional activities or acts on behalf or account of
the party offering the goods,
BUYER: The real or legal person who acquires, uses, or benefits from a
good or service for non-commercial or professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person who requests a product or service via
the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract entered into between the SELLER and the BUYER,
GOODS: The movable goods subject to purchase and the intangible goods
such as software, audio, visual, and similar products prepared for use in
electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in
accordance with the provisions of the Law on the Protection of the Consumer No.
6502 and the Regulation on Distance Contracts regarding the sale and delivery
of the product whose characteristics and sales price are specified below, which
the BUYER orders electronically through the website of the SELLER.
The prices listed and announced on the website are the sales prices.
Announced prices and promises are valid until updated and changed. Prices
announced for a certain period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Coastal Stories Textile Clothing Accessories and Decoration Ind.
and Trade Ltd. Co.
Address: Merkez Mah. Perihan St., No: 9/A, Bomonti, Şişli, 34381,
Istanbul, Turkey
Phone: +90 532 722 2028
Email: info@thecoastalstories.com
5. BUYER INFORMATION
Recipient (As indicated on the payment page by the BUYER)
Delivery Address (As indicated on the payment page by the BUYER)
Phone (As indicated on the payment page by the BUYER)
Fax (As indicated on the payment page by the BUYER)
Email/username (As indicated on the payment page by the BUYER)
6. INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title (As indicated on the payment page by the BUYER)
Address (As indicated on the payment page by the BUYER)
Phone (As indicated on the payment page by the BUYER)
Fax (As indicated on the payment page by the BUYER)
Email/username (As indicated on the payment page by the BUYER)
7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The basic characteristics (type, quantity, brand/model, color,
quantity) of the Goods/Product/Products/Service are published on the SELLER's
website. If a campaign has been organized by the Seller, you can review the
basic features of the relevant product during the campaign period. It is valid
until the campaign date.
7.2. The prices listed and announced on the website are the sales
prices. Announced prices and promises are valid until updated and changed.
Prices announced for a certain period are valid until the end of the specified
period.
7.3. The sales price of the product or service subject to the contract,
including all taxes, is shown below. (As stated in the order summary)
Product Description
Quantity
Unit Price
Subtotal
(Incl. VAT)
Shipping Cost
Total:
PAYMENT METHOD AND PLAN (As specified by the BUYER on the payment
page)
Delivery Address (As specified by the BUYER on the payment page)
Recipient for Delivery (As specified by the BUYER on the payment
page)
Invoice Address (As specified by the BUYER on the payment page)
Order Date (As specified by the BUYER on the payment page)
Delivery Date (As specified by the BUYER on the payment page)
Delivery Method (As specified by the BUYER on the payment page)
7.4. The shipping cost, which is the product shipment expense, shall be
borne by the BUYER, unless stated otherwise on the SITE.
8. INVOICE INFORMATION
Name/Surname/Title (As specified by the BUYER on the payment page)
Address (As specified by the BUYER on the payment page)
Telephone (As specified by the BUYER on the payment page)
Fax (As specified by the BUYER on the payment page)
Email/Username (As specified by the BUYER on the payment page)
Invoice Delivery: The invoice will be delivered to the invoice address
along with the order during delivery.
9. GENERAL TERMS
9.1. The BUYER acknowledges, declares, and undertakes that they have
read and understood the basic characteristics of the product, sales price,
payment method, and delivery information provided on the SELLER's website, and
that they have given the necessary confirmation in electronic form before the
distance sales contract is concluded. The BUYER further acknowledges, declares,
and undertakes that they have correctly and completely obtained information
about the address to be given by the SELLER before the conclusion of the
contract, the basic features of the products ordered, the price of the products
including taxes, payment, and delivery information.
9.2. Each product subject to the contract shall be delivered to the
BUYER or the person and/or organization at the address indicated by the BUYER
within the period specified in the preliminary information section on the
website, depending on the distance of the BUYER's place of residence. In the
event that the product cannot be delivered to the BUYER within this period, the
BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the subject of the contract in
full, in accordance with the specified qualities in the order and, if any, with
the warranty documents, usage manuals, and necessary information and documents,
and to perform the work in accordance with legal requirements other than any
defects, and to maintain and improve the quality of service, to perform the job
with the necessary care and diligence, and to act with caution and
foresight.
9.4. The SELLER may supply a different product of equal quality and
price by informing the BUYER before the expiry of the performance obligation
arising from the contract and obtaining the express approval of the BUYER.
9.5. If the SELLER is unable to fulfill its obligations under the
contract due to the impossibility of delivering the product or service subject
to the order, the SELLER shall notify the consumer in writing within 3 days of
learning of the situation and return the total price to the BUYER within 14
days.
9.6. The BUYER acknowledges, declares, and undertakes that if the
contract is not paid for any reason or if it is canceled in the bank records,
the SELLER's obligation to deliver the product under the contract will
cease.
9.7. After the delivery of the product subject to the contract to the
BUYER or the person and/or organization at the address indicated by the BUYER,
if the credit card belonging to the BUYER is used unjustly by unauthorized
persons, the BUYER shall return the product subject to the contract to the
SELLER within 3 days at the expense of the SELLER.
9.8. If the SELLER cannot deliver the contract subject to the contract
within the period, the SELLER accepts, declares, and undertakes to notify the
BUYER in writing and obtain the express approval of the BUYER. In the event of
the cancellation of the order by the BUYER, in case of payment made by cash,
the product amount will be paid in cash and in full within 14 days. In case of
payment made by credit card, the product amount will be refunded to the 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 to the credit card by the SELLER to be reflected in the BUYER's
accounts, and that the delay in reflecting this amount in the accounts of the
BUYER is completely related to the bank transaction process, and the BUYER
accepts, declares, and undertakes that the SELLER cannot be held responsible
for possible delays.
9.9. The SELLER has the right to reach the BUYER through letter, e-mail,
SMS, telephone call, and other means for communication, marketing,
notification, and other purposes through the addresses, e-mail addresses, fixed
and mobile phone lines, and other communication information specified by the
BUYER on the registration form to the website or subsequently updated by the
BUYER. The BUYER acknowledges and declares that by accepting this Agreement,
the SELLER may engage in the above-mentioned communication activities with
respect to the BUYER.
9.10. The BUYER will inspect the product/service before accepting
delivery; they will not accept damaged or defective products/services such as
dented, broken, torn packaging, etc., from the shipping company. The
product/service received will be deemed undamaged and intact. The obligation to
carefully protect the product/service after delivery belongs to the BUYER. If
the right of withdrawal is to be exercised, the product/service should not be
used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same
person as the BUYER or if there is a security vulnerability related to the
credit card used in the order before the product is delivered to the BUYER, the
SELLER may request the BUYER to provide the identity 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 indicating that the credit card belongs
to the cardholder. Until the requested information/documents are provided by
the BUYER, the order will be suspended, and if such requests are not fulfilled
within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other
information provided when becoming a member of the SELLER's website is
accurate, and in case of any discrepancies, they will compensate the SELLER for
all damages immediately, in cash and in full, upon the first notification by
the SELLER.
9.13. The BUYER undertakes to comply with the legal regulations while
using the SELLER's website and not to violate them. Otherwise, all legal and
penal liabilities arising therefrom will be entirely and exclusively binding on
the BUYER.
9.14. The BUYER shall not use the website of the SELLER in any way that
disrupts public order, is contrary to general morality, disturbs and harasses
others, or violates the material and moral rights of others for an illegal
purpose, in any way that prevents or complicates others from using the services
(spam, virus, trojan, etc.).
9.15. Links to other websites and/or other content owned and/or operated
by third parties, which are not under the control of the SELLER, may be
provided through the website of the SELLER. These links are provided to
facilitate the redirection of the BUYER and do not imply endorsement of any
website or the person operating that site, nor do they guarantee the
information contained on the linked website.
9.16. The member who violates one or more of the articles mentioned in
this contract shall be personally responsible for this violation and relieve
the SELLER from any legal and penal consequences of these violations. In
addition, if the violation of the contract results in litigation, the SELLER
reserves the right to claim compensation from the member for non-compliance
with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event of a distance contract for the sale of goods, the
BUYER may exercise the right of withdrawal from the contract within 14
(fourteen) days from the date of delivery of the product to themselves or to
the person/organization at the address indicated by them, without assuming any
legal or penal responsibility and without giving any reason, provided that they
notify the SELLER. In distance contracts for the provision of services, this
period begins from the date of signing the contract. The right of withdrawal
cannot be used in service contracts where the service has started with the
consent of the consumer before the end of the withdrawal period. The expenses
incurred due to the exercise of the right of withdrawal shall be borne by the
SELLER. The BUYER, by accepting this contract, pre-accepts that they have been
informed about the right of withdrawal.
10.2. To exercise the right of withdrawal within the 14 (fourteen) day
period, it is necessary to notify the SELLER by registered letter with
acknowledgment of receipt, fax, or email, and the product must not have been
used within the framework of the provisions of the "Products for Which the
Right of Withdrawal Cannot Be Used" set forth in this contract. In case of
exercising this right:
a) The invoice of the product delivered to the third party or the BUYER,
(If the invoice of the product to be returned is corporate, it must be returned
with the return invoice issued by the institution. Order returns with invoices
issued in the name of institutions will not be completed without an official
return invoice.)
b) Return form,
c) The box of the products to be returned, the packaging, if any, the
standard accessories, must be returned complete and undamaged.
d) The SELLER is obliged to return the total price and all documents
that put the BUYER under obligation to the BUYER within 10 days from the date
the withdrawal notification reaches them and to receive the goods within 20
days.
e) If there is a decrease in the value of the goods due to a fault of
the BUYER or if it becomes impossible to return the goods, the BUYER shall
compensate the damages of the SELLER to the extent of their fault. However, the
BUYER is not responsible for changes and deteriorations occurring due to the
proper use of the product/service within the withdrawal period.
f) In case the campaign limit amount is fallen below due to the exercise
of the right of withdrawal, the discount amount obtained within the scope of
the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that are prepared according to the consumer's requests or
clearly personalized, underwear, swimwear bottoms, makeup products, disposable
products, products with a risk of rapid deterioration or expiry, unsuitable for
return for health and hygiene reasons after delivery to the consumer when the
packaging is opened by the consumer, products mixed with other products after
delivery and inherently inseparable, goods related to periodicals such as
newspapers and magazines, electronic services or intangible goods delivered to
the consumer instantly, and sound or visual recordings, books, digital content,
software programs, data storage and data recording devices, computer
consumables, the return of which is not possible in accordance with the
Regulation if their packaging is opened by the BUYER. Additionally, the right
of withdrawal cannot be exercised before the expiry of the withdrawal period
for services performed with the consumer's consent before the end of the
withdrawal period according to the Regulation.
Cosmetic and personal care products, lingerie, swimsuits, books,
copyable software and programs, DVDs, VCDs, CDs and cassettes, as well as
stationery consumables (toner, cartridge, ribbon, etc.), can be returned only
if their packaging is unopened, untried, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payments made by credit card,
the BUYER agrees that they will pay interest to the bank cardholder bank within
the framework of the credit card agreement between them and the bank and will
be liable to the bank; in this case, the bank may apply to legal remedies; may
demand the expenses and attorney fees incurred from the BUYER, and in any case,
the BUYER agrees that they will compensate the damages incurred by the SELLER
due to the BUYER's default.
13. AUTHORIZED COURT
In case of disputes arising from this agreement, complaints and
objections will be made to the consumer problems arbitration committee or
consumer court in the consumer's place of residence or where the consumer
transaction is made within the monetary limits specified in the law below.
Monetary limit information is as follows:
As of May 28, 2014:
a) In disputes with a value below 2,000.00 (two thousand) TL according
to Article 68 of the Consumer Protection Law No. 6502, to the district consumer
arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) TL, to the
provincial consumer arbitration committees,
c) In metropolitan municipalities, disputes between 2,000.00 (two
thousand) TL and 3,000.00 (three thousand) TL are referred to the provincial
consumer arbitration committees.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER completes the payment for the order placed through the
Site, they are deemed to have accepted all the terms of this agreement. The
SELLER is responsible for making the necessary software arrangements to ensure
that this agreement is read and accepted by the BUYER before the order is
placed.
SELLER: Coastal Stories Textile Apparel Accessories and Decoration Ind.
and Trade Ltd. Co.
BUYER: (As specified by the BUYER on the payment page)
DATE: (As indicated in the order summary)