DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
SELLER INFORMATION (“SELLER”)
- Company Name: Üçdal Tekstil Sanayi Ve Ticaret Limited Şirketi
- Address: Firuzköy Bulvarı No:108 Avcılar/Istanbul
- Phone: 0212 428 32 20
- Email: [email protected]
- Mersis No: 0904006356000014
BUYER/CUSTOMER INFORMATION (“BUYER”
- Name-Surname:
- Phone:
- Email:
- Address:
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Sales Agreement has been prepared in accordance with the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation. The parties of this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation.
2.2. The subject of this Agreement is to determine the rights and obligations of the Parties regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically through the SELLER's website.
ARTICLE 3- INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
3.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are available on the SELLER’s website “www.brix.com.tr”.
3.2. The quantity, price, and payment (collection) information of the goods or services purchased by the BUYER are as follows: The advertised prices or promises are valid until they are updated and changed. The prices specified for a limited period are valid until the end of the specified period.
PRODUCT DESCRIPTION
QUANTITY
CASH PRICE
SUBTOTAL
(VAT INCLUDED)
TOTAL
3.3. For the avoidance of doubt, in cases where the BUYER pays the sale price with credit cards, installment cards, etc., issued by banks (including finance companies), all the facilities provided by these cards are directly provided by the issuing institution; thus, the sales made within this framework, where the SELLER collects the price either in full or in installments, do not constitute a credit or installment sale for the Parties of this Agreement, but a cash sale. The SELLER's legal rights in cases considered as installment sales by law are reserved within the framework of the relevant legislation.
3.4. The shipping cost of the product, such as the courier fee, and all other taxes, duties, and charges will be borne by the BUYER.
ARTICLE 4- INFORMATION PROVIDED TO THE BUYER IN ADVANCE
4.1. The BUYER acknowledges that they have read, understood, and reviewed all general and specific explanations on the relevant pages/sections of the website regarding the following before entering into the payment obligation and before the Agreement is established by the BUYER's acceptance on the website:
- The SELLER's title and contact information,
- The stages of the sales process on the website and the tools/methods for correcting incorrect information,
- The professional organization to which the SELLER is affiliated (ITO-Istanbul Chamber of Commerce) and the electronic contact information where the BUYER can access the codes of conduct determined by ITO regarding the profession (Phone: 444 0 486, www.ito.org.tr),
- The SELLER's privacy, data usage-processing policies, and rules for electronic communication with the BUYER, the permissions given by the BUYER to the SELLER in this regard, the legal rights of the BUYER, the rights of the SELLER, and the procedures for exercising these rights,
- Shipping restrictions foreseen by the SELLER for the Products,
- Payment methods accepted by the SELLER for the Products, the main features-qualities of the Products, the total price of the Products including taxes (including related expenses to be paid by the BUYER to the SELLER) and information about the delivery method and shipping-delivery-courier expenses,
- Other payment/collection and delivery information regarding the Products, information on the performance of the Agreement, the responsibilities of the parties, the Products and other goods and services for which the BUYER does not have the right to withdraw, conditions for using the right of withdrawal, duration and procedure in cases where the BUYER has the right to withdraw, and the fact that the BUYER will lose the right of withdrawal if they do not use this right within the specified period,
- In products with the right of withdrawal, if the product is used contrary to the instructions for use, normal functioning, or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and in any case, the BUYER will be responsible to the SELLER, and if accepted by the SELLER, an appropriate amount may be deducted from the refund to be made to the BUYER depending on the defect or change,
- The manner in which the BUYER will return the products to the SELLER in cases where the right of withdrawal is available and all financial matters (return methods, cost, and refund of the product price, and discounts and deductions for reward points earned/used by the BUYER during the return),
- Conditions (special terms) for benefiting from various opportunities that may be applied on the website from time to time,
- All other sales terms mentioned in this Agreement and, as the Agreement is sent to the BUYER via email after being approved on the website, the BUYER can store it as long as they wish and access it later; the SELLER can also store it for three years.
In cases of disputes, the BUYER can convey their complaints to the SELLER's contact information and make legal applications to the District/Provincial Consumer Arbitration Committees and Consumer Courts following the relevant provisions of Law No. 6502.
ARTICLE 5- GENERAL TERM
5.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information about the basic characteristics of the products subject to the Agreement, the sales price, and the payment method, as well as the delivery information on the website, and that they have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have obtained the address to be provided by the SELLER before the conclusion of the distance sales contract, the basic characteristics of the products ordered, the prices including taxes, and payment and delivery information correctly and completely before the conclusion of the distance sales contract.
5.2. Each product subject to the Agreement is 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, not exceeding the legal period of 30 days. If the SELLER fails to fulfill its obligation within this period, the BUYER can terminate the Agreement. The estimated delivery dates indicated for the products on the website are approximate and do not constitute a commitment. These products will be delivered to the BUYER within 30 days as stipulated by law.
5.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in accordance with the qualifications specified in the order, and if any, with warranty documents, user manuals, and all kinds of information and documents required by the job, free from any defects, in compliance with the legal regulations, in a solid manner, in compliance with the standards, and in accordance with the principles of honesty and fairness, to maintain and improve the service quality, to exercise due diligence and foresight during the performance of the work, and to act with prudence and foresight.
5.4. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and if the price of the product subject to the Agreement is not paid and/or is canceled in the bank or financial institution records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease. The BUYER also accepts, declares, and undertakes that they will have no responsibility for any payments made to the SELLER by the bank or financial institution in cases where a failure code is sent by the bank and/or financial institution for any reason.
5.5. The BUYER accepts, declares, and undertakes that if the product subject to the Agreement is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER after the delivery, and if the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
5.6. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the Agreement on time due to force majeure or extraordinary circumstances such as adverse weather conditions, which prevent transportation, or disruptions in transportation. In this case, the BUYER can cancel the order, replace the product subject to the Agreement with its equivalent, if any, and/or postpone the delivery period until the obstacle is removed. In cases where the order is canceled by the BUYER, the amount paid in cash by the BUYER will be refunded to them in cash and in full within 10 (ten) days. For payments made by the BUYER with a credit card, the product amount will be returned to the relevant bank within 7 (seven) days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process of reflecting the amount returned by the SELLER to the credit card to the BUYER's account may take 2 (two
) to 3 (three) weeks, and that the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
5.7. The BUYER will inspect the goods/services subject to the Agreement before receiving them; broken, damaged, torn packaging, etc. goods/services will not be accepted from the courier company. The goods/services received will be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. The product/service should not be used if the right of withdrawal is to be exercised. The invoice must be returned.
5.8. If the BUYER and the holder of the credit card used during the order are not the same person or if a security gap is detected regarding the credit card used in the order before the delivery of the product 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 of the cardholder stating that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 (twenty-four) hours, the SELLER will have the right to cancel the order.
5.9. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is accurate, and that they will immediately, in cash, and in full, indemnify all damages incurred by the SELLER due to the inaccuracy of this information upon the first notification of the SELLER.
5.10. The BUYER accepts, declares, and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal liabilities will bind the BUYER exclusively.
5.11. The BUYER cannot use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
5.12. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER’s website. These links are provided to the BUYER for ease of direction and do not support any website or the person operating the site and do not constitute any guarantee for the information contained on the linked website.
5.13. The member who violates one or more of the articles listed in this membership agreement is personally responsible for this violation in legal and penal terms and will keep the SELLER free from the legal and penal consequences of these violations. Additionally, in case of violations, if the event is brought to the legal field, the SELLER’s right to claim compensation against the member due to non-compliance with the membership agreement is reserved.
ARTICLE 6- RULES REGARDING PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
6.1. Information such as the BUYER’s name, surname, email address, T.C. Identity number, demographic data, financial data, which can be defined as personal data within the scope of the Law on the Protection of Personal Data No. 6698, can be recorded indefinitely/for a period, stored in written/magnetic archives, used, updated, shared, transferred, and processed in other ways by the SELLER, SELLER affiliates, and third parties and/or organizations to receive orders, provide products and services, develop products and services, solve systemic problems, perform payment transactions, conduct marketing activities for orders, products and services with prior approval, update the information of the BUYER and manage and maintain memberships, and perform the distance sales agreement and other agreements between the BUYER and the SELLER and to ensure the technical, logistical, and other similar functions of third parties on behalf of the SELLER.
6.2. In accordance with the current legislation, BUYERs can be sent commercial electronic communications via SMS/short message, instant notification, automatic call, computer, telephone, email, fax, and other electronic communication tools for the promotion, advertisement, communication, promotion, sale, and marketing of all kinds of products and services, as well as credit card and membership information, transactions, applications by Üçdal Tekstil Sanayi Ve Ticaret Limited Şirketi/www.brix.com.tr, and the BUYER has accepted to receive commercial electronic messages.
6.3. The necessary measures for the security of the information and transactions entered by the BUYER on the website have been taken within the SELLER’s own system infrastructure, to the extent of today’s technical possibilities, according to the nature of the information and the transaction. However, since the said information is entered from the BUYER’s devices, it is the BUYER’s responsibility to take the necessary measures to prevent unauthorized access and use by third parties, including those related to viruses and similar harmful applications, and to protect them.
6.4. The BUYER can always request to stop data use-processing and/or communication by contacting the SELLER through the provided communication channels. According to the BUYER's clear notification on this matter, personal data processing and/or communications are stopped within the legal maximum period; in addition, if desired, the information, except for those legally required and/or possible to be kept, is deleted from the data recording system or anonymized in a way that does not reveal the identity. If the BUYER wishes, they can apply to the SELLER and obtain information about the processes related to the processing of their personal data, the persons to whom it is transferred, its correction if it is incomplete or incorrect, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the emergence of a result against them by analyzing the processed data exclusively through automatic systems, and the compensation for the damage in case of illegal processing of the data.
6.5. All kinds of information and content on the website, and their arrangement, revision, and partial/complete use, except for those belonging to other third parties according to the agreement of the SELLER, are subject to all intellectual-industrial rights and property rights belonging to Üçdal Tekstil Sanayi Ve Ticaret Limited Şirketi.
6.6. The privacy-security policies and terms of use of the sites accessed through the Internet Site are valid, and the SELLER is not responsible for any disputes and consequences that may arise.
ARTICLE 7- CONFIDENTIALITY
7.1. The SELLER undertakes to show the necessary effort to protect the confidentiality of the data of its BUYERs to provide better service, to consider this as a duty of confidentiality, to take necessary measures to ensure and maintain confidentiality, to prevent all or any part of confidential information from entering the public domain or being used or disclosed without authorization, and to show necessary care.
7.2. The BUYER declares that they know that the Confidentiality and Personal Data Policy, which is an annex to the Agreement, will be applied regarding the protection of confidentiality and the use of cookies on the Website, and that they have read and are aware of the Policy and accept it.
ARTICLE 8- RIGHT OF WITHDRAWAL
8.1. In the case of sales contracts for goods, the BUYER may use the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated, without giving any reason. For distance contracts related to service delivery, this period starts from the date of signing the contract. The BUYER must notify the SELLER of the withdrawal within this period. The BUYER accepts in advance that they have been informed in a clear and understandable manner by the seller or provider about the details determined in the regulation before accepting the distance contract or any equivalent offer, and that they will be under the obligation to pay if they confirm the order. In service contracts where the provision of the service has started with the consent of the consumer before the end of the withdrawal period, the right of withdrawal cannot be used. The expenses arising from the use of the right of withdrawal belong to the SELLER.
8.2. To use the right of withdrawal, the BUYER must create a return code from the orders section on the website within the 14 (fourteen) day period and deliver the product to the courier company within the 7-day validity period of the return code. The BUYER has the right to choose the courier company they want to send the product through the options provided by the SELLER. Additionally, the BUYER can exercise the right of withdrawal by sending a written notification via registered mail, fax, or email to the SELLER’s address stated above within the 14 (fourteen) day period. The product must not be used and must be in compliance with the provisions of “Products for which the Right of Withdrawal cannot be Used” under Article 9. In case of using this right,
- The product invoice delivered to the person or BUYER (if the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Return requests for orders with invoices issued on behalf of institutions cannot be completed without issuing a return invoice),
- The return form,
- The products to be returned must be delivered completely and undamaged, including their box, packaging, and standard accessories, if any.
8.3. The SELLER is obliged to return the total amount to the BUYER within 14 days at
the latest from the receipt of the withdrawal notification. The BUYER must return the product to the SELLER within 10 days from the use of the right of withdrawal.
8.4. If there is a decrease in the value of the product or the return becomes impossible due to the BUYER’s fault, the BUYER is liable to compensate the SELLER's damages at the rate of their fault.
8.5. If the use of the right of withdrawal results in the cancellation of the campaign limit amount set by the SELLER, the discount amount benefited from within the campaign will be canceled.
8.6. In cases where the BUYER uses the right of withdrawal or the product subject to the order cannot be supplied for various reasons, or in cases where the arbitration committee decides to return the product price to the BUYER, the return procedure for shopping made with a credit card is as follows:
8.7. If the BUYER purchased the product in installments, the Bank refunds the BUYER in installments. After the SELLER has paid the full amount of the product to the bank in one go, the installment amounts paid by the BUYER up to the date of the sale cancellation will be returned to the BUYER each month, as an installment, provided that the return dates do not coincide with the account cut-off dates of the credit card, and the BUYER will receive the installment payments made before the cancellation of the sale after the installments of the sale have ended and will be deducted from the existing debts accordingly.
ARTICLE 9- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
9.1. The provisions of Article 15 of the Distance Contracts Regulation, published in the Official Gazette dated 27.11.2014, titled "exceptions to the right of withdrawal" and the provisions of Article 6 of the distance sales contract approved electronically between the parties stipulate that the product must be unused and in a condition that can be resold by the seller. The BUYER cannot use the right of withdrawal in the following cases:
- Contracts for goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the seller (Products in the jewelry, gold, and silver category),
- Goods prepared in line with the consumer’s wishes or personal needs.
- Perishable goods or goods whose expiration date is likely to expire,
- Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; the return of such goods is not suitable in terms of health and hygiene.
- Contracts for goods such as books, audio or video recordings, software programs, and computer consumables provided in material form, provided that the protective elements such as packaging, tape, seal, package have been opened by the BUYER (all kinds of software and programs, DVDs, VCDs, CDs and cassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.), telephone prepaid card orders).
- Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery in the case of books, digital content, and computer consumables provided in material form.
- Periodicals such as newspapers and magazines, except those provided under a subscription contract.
- Contracts for services rendered instantly in electronic environment or for goods delivered instantly to the consumer,
- Services commenced with the consumer's approval before the expiry of the withdrawal period.
ARTICLE 10- DEFAULT AND LEGAL CONSEQUENCES
10.1. The BUYER agrees, declares, and undertakes that in the event of default in credit card transactions, they will pay interest within the framework of the credit card agreement made with the cardholder bank and be liable to the bank. In this case, the relevant bank may take legal action; the expenses and attorney fees incurred will be borne by the BUYER, and in any case, if the BUYER defaults on the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damages and losses incurred due to the delayed performance of the debt.
ARTICLE 11- AGREEMENT ON EVIDENCE AND COMPETENT COURT
11.1. In resolving any disputes that may arise from this Agreement and/or its implementation, the SELLER’s records (including magnetic records such as computer-sound recordings) constitute conclusive evidence. The parties accept that the Consumer Arbitration Committees and Consumer Courts at the BUYER’s and SELLER’s residence will be competent in the resolution of disputes within the monetary limits set by the legislation.
ARTICLE 12- ENFORCEMENT
12.1. In case of payment for the order placed on the website, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is obliged to ensure that the Agreement cannot be placed on the website and accepted by the BUYER without being read and approved by the BUYER.
ANNEXES:
- Preliminary Information Form
- Privacy and Cookie Policy