DISTANCE SALES AGREEMENT
Article 1 - Parties
1.1. Desyhane Wood Products Industry and Trade Limited Company
- Address: Orhangazi Neighborhood, Eşref Bitlis Boulevard No: 88, Sultanbeyli, Istanbul/Turkey
- E-mail: [email protected]
1.2. Buyer's Name - Surname / Turkish ID Number:
Article 2 - Subject
Distance Sales Agreement The subject of this agreement is to determine the rights and obligations of the parties, in accordance with the provisions of Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.desyhane.com.
The Buyer acknowledges and declares that they have been informed by the Seller, in a clear, understandable, and online manner, regarding the Seller's name, title, full address, telephone number, and other contact information; the basic characteristics of the goods sold; the sales price including taxes; payment method; delivery terms and costs; all preliminary information regarding the goods sold; the exercise of the right of withdrawal and how to exercise this right; and the official authorities to whom they can submit complaints and objections; etc., in accordance with the provisions of this contract. They have confirmed this preliminary information electronically and subsequently placed an order for the goods. The preliminary information available on www.desyhane.com and the invoice issued upon the Buyer's order are integral parts of this contract.
Article 3 - Subject of the Contract
Product/Payment/Delivery Information: The type and kind of product(s) purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee are as specified below. The person to be invoiced must be the same person as the person making the contract.
The following information must be accurate and complete. For international shipments, the buyer is responsible for the shipping costs. The buyer agrees to fully cover any losses arising from inaccuracies or incomplete information, and accepts all liability arising from this situation.
The SELLER reserves the right to suspend the order if it deems necessary and if the information provided by the BUYER does not correspond to the actual order. If the SELLER detects a problem with the order and is unable to reach the BUYER via the phone, email, or mail addresses provided by the BUYER, the order will be suspended for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent any losses to either party.
Name of Product(s) Purchased:
- Stock Code:
- Quantity:
- Shipping Fee:
- Total Sales Price:
- Person:
- Phone Number:
- Delivery Address:
Invoice Person/Institution:
- Invoice Address:
- Tax Office:
- Tax Registration Number:
Article 4 - Contract Date and Force Majeure
The contract date is the date of the order placed by the buyer, which is ..../.../.../.... Circumstances that do not exist or are unforeseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or fully fulfill their contractual obligations and responsibilities, or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislation, seizure or strike, lockout, significant failure of production and communication facilities, etc.)
The party experiencing force majeure shall immediately notify the other party in writing of the situation. Neither party will be liable for any failure to perform its obligations during the force majeure event. If this force majeure event continues for 30 (thirty) days, each party shall have the right to terminate the order unilaterally.
Article 5 - Seller's Rights and Obligations
5.1. The Seller agrees and undertakes to fully perform the obligations assigned to it in the contract, excluding force majeure events, in accordance with the provisions of Consumer Protection Law No. 4077 and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop on desyhane.com. The Seller will rely on the buyer's correct age stated in the contract. However, the Seller will not be held liable in any way for the buyer's incorrect age. www.desyhane.com is not responsible for price errors resulting from system errors. Accordingly, the seller is not responsible for advertising or pricing errors that may occur due to the system, design, or illegal interventions on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. You can shop at www.desyhane.com by credit card (Visa, MasterCard, Troy, etc.) or bank transfer. Orders that are not transferred within one week of the order date will be canceled. The processing time for orders is determined not at the time the order is placed, but rather when the necessary credit card account is charged or when the transfer (EFT) reaches the bank account. Payment methods such as paid shipment or postal checks that are made without consultation with customer service will not be accepted.
Article 6 - Buyer's Rights and Obligations
6.1. The Buyer agrees and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.
6.2. The Buyer agrees and undertakes that by placing an order, they are deemed to have accepted the terms of the business contract and will make payment in accordance with the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that they have been informed, in a clear, understandable, and online format, about the Seller's name, title, full address, telephone number, and other contact information; the basic characteristics of the goods for sale; the sales price including taxes; payment method; delivery terms and costs; all preliminary information regarding the goods for sale; the exercise of the right of withdrawal and how to exercise this right; the official authorities to whom they can submit complaints and objections; etc.; and that they have confirmed this preliminary information electronically.
6.4. Subject to the previous clause, the Buyer declares that they have read and are familiar with the order/payment/usage procedure information available at "www.desyhane.com," which includes product order and payment terms, product usage instructions, precautions taken against potential incidents, and warnings. They have provided the necessary electronic confirmation.
6.5. If the buyer wishes to return a purchased product, they agree and undertake not to damage the product or its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
After the buyer confirms the VAT-inclusive Turkish Lira amount (total installment amounts for installment transactions), the purchase price will be processed through the POS terminal of the relevant bank card. Therefore, an order confirmation email will be sent to the customer before shipment. Shipment will not be made until the Order Confirmation email is sent. Any disruptions in the process or problems with the credit card will be notified to the buyer via one or more of the phone, fax, or email methods specified in the contract.
If necessary, the buyer may be asked to contact their bank. The processing time for orders is not the time the order is placed, but the time the necessary payment is made to the credit card account or the transfer (EFT) is confirmed to the seller's account. In exceptional cases, if it becomes clear that the contracted goods cannot be supplied for a justified reason and/or a stock problem is encountered, the buyer may be immediately informed in a clear and understandable manner and given their consent, and another product of equal quality and price may be sent to the buyer. Alternatively, a new product may be sent at the buyer's request and choice, the order may be cancelled, and the product may be returned to stock or the other obstacle preventing delivery may be resolved.
In cases where the fulfillment of the contractual obligation for the goods becomes impossible, the buyer will be informed of this situation, and the total price paid and any documents obligating the buyer will be refunded within ten days at the latest. In such a case, the buyer will not claim any additional material or moral damages from the seller.
Payment Distance Selling Agreement www.desyhane.com offers online orders via cash transfer for buyers who do not wish to use their credit card information. For payment by transfer, the buyer may choose the most convenient bank and make the transfer. If an EFT has been made, the date of transfer will be taken into account. When making a money transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information, and the order number must be included.
If the relevant bank or financial institution fails to pay the Seller the price of the product after delivery of the product due to unauthorized or illegal use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, the Buyer is obligated to return the delivered product to the Seller within 10 days. In such cases, the Buyer is responsible for shipping costs.
If the Buyer has chosen to pay by credit card, the BUYER acknowledges, represents, and undertakes to confirm the relevant interest rates and default interest information with their bank, and that, in accordance with applicable legislation, the provisions regarding interest and default interest will apply within the scope of the "Credit Card Agreement" between the Bank and the BUYER.
Article 8 - Shipping/Delivery Procedure
Upon receipt of the order confirmation email, the product(s) will be delivered to the seller's contracted courier company. Delivery, Distance Selling Agreement. The product(s) will be delivered to the buyer's address by the seller's contracted courier company. The delivery period is 30 days from the date the order confirmation email is sent and the contract is concluded. This period may be extended by a maximum of ten days, provided the buyer is notified in advance in writing or by a permanent data carrier.
Products will be shipped to areas where courier companies do not provide delivery addresses by phone. In areas where the courier company delivers only once a week, the specified delivery time may be delayed due to inaccuracies or omissions in the shipping information, as well as certain social events and natural disasters. The buyer cannot hold the seller responsible for any such delays. If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any additional shipping costs that may arise due to the delivery person/organization refusing to accept the delivery, incorrect shipping information, and/or the Buyer's absence.
If the product(s) have not arrived within the specified days, delivery problems must be reported immediately to customer service using the email address "[email protected]." In the case of damaged packages, the damaged packages should not be accepted, and a report should be filed with the courier company representative. If the courier company representative determines that the package is not damaged, the Buyer has the right to have the package opened on-site, verify that the products have been delivered undamaged, and request a report to document the situation. Once the Buyer receives the package, the courier company is deemed to have fulfilled its duty. If the package is not accepted and a report is filed, the situation should be reported to the Seller customer service representative as soon as possible, along with a copy of the report kept by the Buyer.
Article 9 - Procedure Regarding Product Returns and Right of Withdrawal
Products classified as hygiene products are not exchanged or returned. These products include products packaged in gelatin, blister, or vacuum packaging, and those whose packaging has been opened or damaged. The buyer has the right to withdraw from the contract within seven days of receiving the product, without giving any reason or penalty. In accordance with the General Communiqué of Tax Procedural Law No. 385, to process returns, the buyer must fully and accurately complete the return sections at the bottom of two invoices from the seller delivered with the product, sign them, and return one copy to the seller along with the product. The other copy must be retained.
The right of withdrawal period begins on the day the product is delivered to the buyer. The return shipping costs of the returned product(s) must be covered by the buyer. The right of withdrawal does not apply to goods prepared in accordance with the buyer's wishes and/or clearly in line with their personal needs. If the buyer exercises their right of withdrawal, the seller will refund the total price received and any documents, if any, that bind the consumer, within ten days of receiving the invoice containing the notice of withdrawal along with the product, at no cost to the consumer. A decrease in the value of the goods received or the existence of a reason that makes return impossible does not preclude exercising the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the seller must compensate the seller for the value of the goods or the decrease in value.
The general return period for all products purchased inadvertently is 7 days. During this period, returns of products that have been opened, used, or damaged will not be accepted. Returns must be made in their original packaging. If the product or its packaging is opened, damaged, broken, damaged, torn, used, or any other condition is detected, and if the product cannot be returned in the same condition as when delivered to the buyer, the product will not be accepted for return, and the price will not be refunded.
For product returns, the situation must first be reported to customer service. The seller will notify the customer that the product will be returned. Following this communication, the product, along with an invoice containing the return information, must be returned to the seller via the courier company that delivered the product to the buyer's address. If the returned product reaches the seller and meets the conditions specified in this agreement, it will be considered a return, and the refund will be made to the buyer's credit card/account. No refund will be issued until the product is returned.
The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank. If the purchase was made with a credit card and in installments, the refund procedure for the credit card will be as follows: The bank will refund the buyer in installments based on the number of installments the buyer requested. The seller will pay the bank the entire product price in one installment.
Article 10 - Warranty
Products used and cleaned in accordance with the instructions are warranted against all manufacturing defects for 2 years under the following conditions: The seller's warranty liability applies only to consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 11 - Confidentiality
The information provided by the buyer to the seller for payment purposes, as specified in this agreement, will not be shared with third parties. The seller may disclose this information only under administrative/legal obligations. If the seller possesses the requested information in the context of any legal investigation with documented investigative capacity, the seller may provide it to the relevant authorities. Credit card information is not stored at all. Credit card information is used only to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization. Information such as the buyer's email address, mailing address, and phone number are used only by the seller for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the buyer after their consent.
Article 12 - Competent Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this agreement, the Istanbul Anatolian Consumer Courts have jurisdiction up to the value declared by the Ministry of Industry and Trade each December. If the order is placed, the Buyer is deemed to have accepted all terms of this agreement.