PARTIES
This Distance Sales Agreement (“Agreement”) has been signed electronically between DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş. (“Seller”) operating at Yakuplu Mahallesi, Beysan Sanayi Sitesi, Dereboyu Caddesi, Sena İş Hanı, No;49, 34524 Beylikdüzü/İstanbul and the person who purchased its services/products through the internet site named lesbenjamins.com (“Buyer”). The Seller and the Buyer whose information is given below.
The Parties accept, declare and undertake that they have read this Agreement in its entirety, understood its content in its entirety and approved all its provisions.
SELLER:
Seller’s Title: DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş.
Seller's Full Address: Yakuplu Mahallesi, Beysan Sanayi Sitesi, Dereboyu Caddesi, Sena İş Hanı, No;49, 34524 Beylikdüzü/İstanbul
Seller's Email Address: [email protected]
Seller's Phone:
BUYER:
Buyer's Name/Surname:
Buyer's Address:
Buyer's Phone:
Buyer's Email Address:
Seller and Buyer shall be referred to individually as "Party" and collectively as "Parties".
By purchasing products and services from the Seller, the Buyer accepts, declares and undertakes that it has read this Agreement in its entirety, fully understood its content and approved all its provisions. Similarly, the Seller declares and undertakes the following to the Seller. Therefore, the accuracy of the information provided by the Buyer when purchasing the service is guaranteed by the Buyer.
ESTABLISHMENT OF THE CONTRACT
THE BUYER ACCEPT THAT HE HAS READ THE CONTRACT, UNDERSTOOD IT AND IS AWARE OF HIS RIGHTS AND LIABILITIES.
THE PARTIES ACCEPT THAT THERE IS NO DISPARITY BETWEEN THE ACTIONS AGREED WITHIN THE CONTRACT AND THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB AND THAT THEY DO NOT HAVE ANY INEXPERIENCE WITH REGARDS TO THE TRANSACTIONS WITHIN THE SUBJECT OF THE CONTRACT.
THE BUYER AGREES THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR DIFFICULTY, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.
THE PARTIES AGREE THAT THE CONTRACT PROVISIONS DO NOT HAVE A CHARACTERISTIC THAT CAN BE CONSIDERED UNFAIR CONDITIONS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
THE PROVISIONS OF THIS AGREEMENT DO NOT INCLUDE ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRARY TO THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMER. THE PROVISIONS OF THIS AGREEMENT HAVE ALSO BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN (CONFUSING CONDITIONS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICATION OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE WAY AND DO NOT EXPRESS MULTIPLE MEANINGS. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement consists of determining the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Buyer ordered electronically through the Seller's website www.darinda.com ("Site").
BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT
The basic characteristics of the product subject to this Agreement, sales price, delivery and payment terms are as follows:
Product/Service Type: Product and/or service sales made by the Buyer to the Buyer via the Site
Product Code and Name
Quantity
Unit Price (VAT included)
[…]
[…]
[…]
PAYMENT AND DELIVERY CONDITIONS
Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:
Delivery Address:
Person to be Delivered:
The total product price specified above, DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş. is collected from the Buyer
Delivery conditions of the product/service subject to the contract:
Carrier Company Information: Carrier companies that the Seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo and UPS Kargo - The cargo information to be sent will be automatically displayed/sent to the customer.)
Delivery Address:
Person to be Delivered:
DELIVERY
The product subject to the contract will be delivered to the Buyer or the person/organization at the address specified within the period specified in the preliminary information form depending on the distance of the Buyer's place of residence, provided that it does not exceed the legal 30 (thirty) day period, unless it is a product prepared in accordance with the Buyer's request or personal needs.
For the avoidance of doubt, for the delivery of the product(s) subject to this Contract, this Contract and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be paid in full and in full by the payment method preferred by the Buyer. If the product price is not paid for any reason,shall be deemed to have been relieved of its obligation.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller shall notify the Buyer in writing or via a permanent data provider within 3 (three) days from the date of learning about this situation and shall return all collected payments, including delivery costs, if any, to the Buyer within 14 (fourteen) days from the date of notification at the latest.
DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer accepts, declares and undertakes that it has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method of the goods or services subject to the Agreement on the Site, and the delivery and cargo fee, and that it has given the necessary confirmation electronically and is aware that it has entered into a PAYMENT OBLIGATION by approving the order on the Site, that it has purchased the product/service electronically, and that the sales price will be collected from the credit card/bank card whose information it has entered for the payment transaction.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address that should be given to the Buyer by the Seller before the conclusion of distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information correctly and completely.
If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for a reason not caused by the Buyer's fault after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to him/her. In this case, the delivery expenses belong to the Buyer.
If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to whom the delivery is to be made.
If the Buyer is not at the address where the order is requested to be delivered, the order will definitely not be delivered to another address. In this case, the Buyer must accept the legal obligations that will arise due to the order being placed at an address where the Buyer is not present.
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 be delivered does not accept the delivery.
The Seller is responsible for the delivery of the product subject to the Contract in a sound, complete manner and in accordance with the specifications specified in the order. Provided that it is based on a justified reason, the Seller may supply goods or services of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract and provided that it informs the Buyer and obtains his/her explicit approval.
For the delivery of the product subject to the Contract, this Contract must be confirmed electronically and the price of the order subject to the Contract must be paid. If the product price is not paid or is canceled in bank records for any reason, the Seller is deemed to have been released from the product delivery obligation under this Contract.
The Seller is responsible for losses and damages that occur until the delivery of the product to the Buyer or a third party determined by the Buyer other than the carrier. If the Buyer requests the goods to be sent by a carrier other than the one determined by the Seller, the Seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.
The service provided by the Seller is for the end user within the scope of retail sales; the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been established if the Buyer suspects that the Buyer has a resale purpose.
The Buyer must inspect the product before receiving it, and must not accept defective and damaged products that can be detected by ordinary inspection from the Seller's authorized person or the cargo company. If the Buyer neglects to inspect the goods and receives the goods, it is deemed to have accepted that the product is intact and undamaged.
THE SELLER'S DECLARATIONS AND COMMITMENTS
The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in accordance with consumer legislation, in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
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 Agreement, provided that it is based on a justified reason and informs the Buyer and obtains his/her explicit approval.
BUYER'S RIGHT OF WITHDRAWAL
Without prejudice to other provisions regulated in the Agreement, the provisions and conditions regulated under this Article 8 shall only be valid if the Buyer has the status of a consumer within the scope of the relevant legislation.
Right of withdrawal and its use for Buyers who have the status of a consumer within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:
In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;
The consumer Buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the date of establishment of the contract in contracts related to the performance of services; and from the date of receipt of the goods in distance contracts related to the sale of goods. It is sufficient for the notification of the use of the right of withdrawal to be sent to the Seller in writing or via permanent data storage within this period. The contact information of the Seller to whom the withdrawal notification can be made is as follows:
Open Address: Yakuplu Mahallesi, Beysan Sanayi Sitesi, Dereboyu Caddesi, Sena İş Hanı, No;49, 34524 Beylikdüzü/İstanbul
Fax Number: 0212 257 18 18
E-mail: [email protected]
The consumer Buyer will be informed after the notification of the use of the right of withdrawal reaches the Seller.
The Seller shall, within 14 (fourteen) days from the date of receipt of the notification that the consumer Buyer has exercised his/her right of withdrawal, refund to the consumer Buyer all payments made by the consumer Buyer to the Seller for the relevant goods or services, including the delivery costs of the goods to the consumer Buyer, if any, in a single transaction in accordance with the payment instrument used during the purchase and without imposing any cost or liability on the consumer.
In the event that the consumer Buyer exercises his/her right of withdrawal, the cargo company that will receive the product that the Seller has determined will be Kolay Gelsin or Yurtiçi Kargo, with which the Company has an agreement. In the event that the right of withdrawal is exercised and the goods are sent back through the cargo company specified herein, the consumer Buyer shall not be held responsible for the costs related to the return. If the consumer Buyer sends the goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in this Agreement, the Seller shall not be responsible for the return cargo costs and the damage that the goods may suffer during the cargo process. If the contracted cargo company for return does not have a branch in the location of the consumer Buyer, the Seller is obliged to ensure that the goods to be returned are collected from the consumer without requesting any additional costs.
The consumer Buyer must return the goods to the Seller within 10 (ten) days from the date of notification that the consumer Buyer has exercised his/her right of withdrawal. The invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods must also be returned to the Seller in full and undamaged along with the goods to be returned. The consumer Buyer must use the goods in accordance with their operation, technical specifications and instructions for use within the withdrawal period, otherwise he/she is responsible for any changes and deteriorations that occur in the goods.
Since the refund of order amounts paid through bank accounts or credit cards and their reflection in the consumer Buyer's accounts are entirely related to the bank transaction process, the Seller cannot intervene in any way for possible delays. For this reason, it may take a long time for the amount returned to the consumer Buyer's bank account or credit card to be reflected by the bank to the consumer Buyer's account or credit card.
According to Article 15 of the Distance Selling Regulation, the consumer Buyer's right of withdrawal; (a) regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider, (b) regarding goods prepared in line with the consumer's requests or personal needs, (c) regarding the delivery of goods that are perishable or whose expiration date may have passed, (ç) regarding goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; (d) goods that are mixed with other products after delivery and cannot be separated by their nature, (e) books, digital content and computer consumables provided in material form if protective elements such as packaging, tape, seal and package have been opened after delivery of the goods, (f) periodicals such as newspapers and magazines, other than those provided within the scope of subscription contracts, (g) accommodation, goods transportation, car rental, food and beverage supply and evaluation of free time for entertainment or resting purposes that must be done on a certain date or period, (ğ) services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and (h) services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period, and the consumer Buyer cannot exercise the right of withdrawal within the scope of these contracts.
Complaint and objection procedure for Buyers who are consumers within the scope of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation:
All kinds of complaints and objections due to this Agreement shall be made to the Buyer according to the monetary limits determined by the Ministry of Trade every DecemberThe complaint may be made to the Consumer Problems Arbitration Board or Consumer Court at the place where the transaction is made.
SELLER'S RESOLUTION METHOD FOR COMPLAINTS
The Buyer may directly submit complaints regarding the purchased goods and/or services to the Seller (using the Seller's contact addresses specified under the Parties heading above). If the complaint is submitted, the Seller will provide all possible support to resolve the problem.
DEFAULT AND LEGAL CONSEQUENCES
If the Buyer defaults in the transactions made with the credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action and request the expenses and attorney fees from the Buyer. In any case, if the Buyer defaults, the Buyer will be responsible for all kinds of damages and losses suffered by the Seller.
INTELLECTUAL PROPERTY
The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones used in the designs of the products produced by the Seller, and all kinds of graphic designs, illustrations, drawings, designs and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.
All intellectual and industrial rights and property rights belong to the Seller, except those belonging to other third parties according to the Seller's agreement, regarding all kinds of information and content on the Site and their arrangement, revision and partial/full use. All of the product/products purchased by the Buyer, all of the products, parts of them and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby accepts and undertakes that it will not use the product it purchased for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and the Seller reserves the right to demand compensation and other claims arising from the unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities.
RESOLUTION OF DISPUTES
All kinds of complaints and objections due to this Agreement may be made to the Consumer Problems Arbitration Board or Consumer Court in the place where the Buyer is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Trade in December of each year.
OTHER PROVISIONS
The Seller may transfer its rights and obligations arising from this Agreement to third parties without the Buyer's approval. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without the Seller's approval.
The Buyer accepts that in disputes that may arise within the scope of this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by the Seller in its own database or servers shall constitute valid, binding, definitive and exclusive evidence; that it is free from the offer of an oath to the Seller and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
The occurrence of circumstances beyond the control of the Parties that prevent and/or delay the fulfillment of the obligations undertaken by the Parties under this Agreement without any fault or negligence of the relevant Party shall be considered as force majeure. (For example, strikes, lockouts, declared or undeclared wars, civil wars, acts of terrorism, earthquakes, fires, floods, similar natural disasters, legislative and administrative procedures of any official authority, provided that they are not caused by the inadequacy of either Party, technical malfunctions and delays related to malfunctions and delays caused by other service providers providing internet connection, and similar situations are included. The Parties shall not be held responsible for failure to fully or timely fulfill their obligations in cases including such and similar events that are beyond their control and cannot reasonably foresee. The Party whose obligations are affected by any force majeure shall notify the other Party in writing of the situation as soon as possible and shall deliver a document documenting the force majeure event issued by an authorized person or institution to the other Party as soon as possible.
ENFORCEMENT
This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date it was approved online. Transactions made through the Site are considered as binding declarations of intent in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.
The text of this Agreement will be sent to the e-mail address provided by the Seller immediately after its approval.
will be sent via osta and will be kept by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller by submitting a request to the e-mail address [email protected] at any time.
SELLER
DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş.
BUYER