Distance Sales Agreement
DISTANCE SALES AGREEMENT
PARTIES TO THE AGREEMENT
INFORMATION REGARDING THE SELLER: (Bajjari/Seller)
Title : Bajjari Fur Fashion- Ziyaddin Nergiz
Address : Telsiz Mahallesi, 80/1 Sokak, Sazıyaman Apt. No:16-18C, Zeytinburnu/Istanbul
Telephone : +905374378512 and +905372254940
Email : bajjarifashion@outlook.com
INFORMATION REGARDING THE BUYER (*):
Name/Surname : [●]
Address : [●]
Telephone : [●]
Email address : [●]
Agreement Approval/Conclusion Date: [●]
The User Agreement and Privacy Policy approved by the BUYER, other product purchase agreements, or other texts and forms regarding the use of the Platform, are an integral part of this Agreement.
(*) If the Buyer is a commercial real or legal person and/or if the invoice for the product subject to the Agreement is issued in the name of a commercial buyer; the Buyer cannot benefit from the special rights and opportunities granted to consumers and consumer rights regulated in this Agreement and the law.
Specific information and explanations regarding the Product/s subject to this Agreement, not included herein, have been displayed to the BUYER in other texts, especially the Terms of Use, before the screen containing this Agreement, and the information contained therein has been accepted by the BUYER to proceed to the approval stage of this Agreement. Therefore, these specific pieces of information and explanations have also been accepted by the BUYER.
SUBJECT OF THE AGREEMENT
The subject of the Agreement is the determination of the mutual rights and obligations of the Parties in accordance with the relevant legal regulations regarding the purchase and delivery of the Product/s belonging to the SELLER, ordered electronically by the BUYER through the Platform, with the qualities and sales price specified below, and the payment of the sales price by the BUYER to the SELLER during the completion of the Product/s order.
This Agreement has been prepared in accordance with the Law and Regulation, and the Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and Regulation with this Agreement.
DEFINITIONS
In the application and interpretation of this Agreement, the terms written below shall express the written descriptions opposite them.
SELLER: The person who offers goods to the consumer for commercial or professional purposes or acts on behalf or account of the offeror, and whose information is provided at the beginning of the Agreement,
BUYER: The real or legal person who requests and purchases the Product through the Platform,
Platform: The website of the SELLER named www.bajjari.com,
Agreement: This Agreement concluded between the SELLER and the BUYER,
Law: The Turkish Law on Consumer Protection,
Regulation: The Regulation on Distance Contracts
Product or Products: The movable goods subject to purchase,
Permanent Data Storage: Any medium or tool, including but not limited to short message, email, internet, disk, CD, DVD, memory card, that allows the BUYER to review information sent or received for a reasonable period in accordance with its purpose, records it in a way that allows unchanged copying, and enables access to this information in the same form.
PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT AND PRODUCT INFORMATION:
PRODUCT SPECIFICATIONS:
Product Model: [●]
Product quantity: [●]
Sales Price (including VAT) : [●]
Shipping Fee : [●]
TOTAL : [●]
PAYMENT AND DELIVERY:
Payment Method and Plan : Credit Card/Debit Card
Delivery Address : [●]
Invoice Address** : [●]
Carrier : [●]
(**) The invoice will be delivered with the order to the delivery address during order delivery.
The BUYER will pay with a credit/debit card, either in advance or in installments. For installment payments, installments can be made under the terms and conditions allowed by the relevant credit card. The Products will be delivered to the Delivery Address within a maximum of 30 (thirty) days from the day the order is transmitted to the SELLER, via the carrier specified above.
Even if the BUYER or the third person designated by the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance completely and fully. Therefore, the BUYER will bear all damages arising from the BUYER's delayed receipt of the product, as well as all expenses, taxes, and costs incurred due to the Product waiting at the cargo company and/or being returned to the SELLER because it could not be delivered.
The carrier (shipping) fee, which is the product delivery cost, is not included in the product price and will be paid by the BUYER. In the event that the BUYER wishes to return the Product for any reason, the BUYER is exclusively responsible for the return shipping fee, additional costs, and taxes that may arise at customs.
If the BUYER wishes to return the Product, they must choose the carrier company specified above for the return. Otherwise, it cannot be assumed that the Product has reached the SELLER in any way, except in cases explicitly approved by the SELLER.
The SELLER cannot be held responsible if the Product/s cannot be delivered within the specified period and/or in the promised manner and to the person due to the fault or negligence of the BUYER.
The PARTIES agree that another Product of equal quality and price can be supplied to the BUYER if the following conditions are met by the SELLER:
a) It is understood that the Product subject to the contract cannot be supplied for a just cause.
b) The BUYER is clearly and understandably informed and approval is obtained for the supply of another Product.
If the supply of the Product becomes impossible, the SELLER shall notify the BUYER in writing, online, via Permanent Data Storage or by phone within three days from the date it learns of this situation, and shall refund the Product price to the BUYER in accordance with the relevant legislation.
If the relevant bank or financial institution fails to pay the Product price to the SELLER after the delivery of the Product due to unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, the BUYER is obliged to return the Product to the SELLER within 3 (three) business days, provided that it has been delivered to them. In such a case, the BUYER is responsible for all amounts, including shipping, taxes, and additional costs.
After the Preliminary Information Form is approved and the Distance Sales Agreement is concluded, if the Product price is not paid for any reason or if the bank payment is canceled, the SELLER refrains from its obligation to send and deliver the Product until the BUYER pays the Product price and informs the SELLER.
If the SELLER cannot send the Product/s subject to the Agreement within the period due to force majeure, adverse weather conditions preventing delivery, interruption of transportation, and other extraordinary circumstances, it will notify the BUYER of this situation. In this case, the BUYER may exercise one of the following rights: (i) cancellation of the order, (ii) replacement of the Product/s subject to the Agreement with another product agreed upon by the PARTIES if available, and/or (iii) postponement of the delivery period until the force majeure/obstructing situation disappears. If the BUYER cancels the order, the total amount paid will be refunded to them in cash and in full within the scope of the relevant legislation. In the case of payments made by the BUYER with a credit card, the Product/s amount will be refunded to the relevant bank as soon as possible (on average within 3 business days) from the date of learning that the order has been canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER acknowledges and accepts that the SELLER cannot intervene in any way for possible delays, and the period it takes for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank is not the responsibility of the SELLER.
GENERAL CONDITIONS
The BUYER declares that they have read and understood the basic features of the Product/s, sales price, payment method, delivery and other preliminary information on the Platform and have given the necessary confirmation electronically.
By confirming the Preliminary Information Form electronically, the BUYER confirms that they have obtained accurate and complete information regarding the address, basic features of the ordered Product/s, the price of the Product/s including taxes, payment and delivery information before the conclusion of this Agreement.
The BUYER can access the basic features of the Product/s subject to the Agreement from the Platform. The BUYER accepts that the SELLER can always change and update the basic features and prices of the Product/s during discount and campaign periods without requiring any notification. If a discount or campaign period is foreseen by the SELLER, the basic features and sales prices of the Product/s will be valid for this period. The BUYER accepts that they may not be able to access information about the Product/s due to the end of the relevant period or the unavailability of the Product/s in stock.
During the shipment of the Product, during and after customs procedures in the BUYER's country, the costs incurred for the BUYER to receive the Product, including customs duties and other taxes and payments, are exclusively the responsibility of the BUYER. In the event of a return of the Product for any reason, the BUYER is responsible for the shipping, customs duties, and costs that may arise during the shipment of the Product.
If the BUYER wishes to cancel the order after placing the order and before the SELLER has delivered it to the shipping company, the BUYER must contact the SELLER using the methods specified in Article 6.3 of the Agreement. In such a case, if approved by the SELLER, the SELLER will make a refund to the BUYER's relevant bank for the collected price of the Product. The SELLER is not responsible for any delays in the refund policy of the relevant bank.
RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract by rejecting/returning the goods within 14 (fourteen) days from the date they received the goods or the goods were delivered to the 3rd party at the address indicated, without giving any reason. In any case, the exceptional circumstances where the right of withdrawal cannot be exercised, as set out in the Regulation and specified below, are reserved:
a) Goods prepared in line with the consumer's special requests or personal needs (including those made special to the person/personal needs by making changes or additions);
b) Goods that are perishable or may expire rapidly;
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons;
d) Goods that are mixed with other products after delivery and cannot be separated by their nature;
e) Books, digital content, and computer consumables presented in a material environment, if their protective elements such as packaging, tape, seal, package have been opened after delivery;
f) Goods or services whose price fluctuates due to financial market fluctuations and are not under the control of the seller or provider;
g) Periodical publications such as newspapers and magazines, excluding those provided under a subscription agreement;
h) Services for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period;
i) Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and services whose performance has started with the consumer's consent before the expiry of the right of withdrawal period with the consumer's consent, and
j) Other goods and services accepted outside the scope of distance sales in accordance with the relevant legislation.
The Product must be sent back to the SELLER's return address specified above or to the person explicitly authorized by the SELLER within 10 (ten) days from the date the withdrawal notification reaches the SELLER. The BUYER is exclusively responsible for all shipping costs, taxes, customs duties, and additional expenses arising from the return of the Product/s. In any case, the BUYER must return the Products only with the contracted shipping/cargo company specified above or, if the SELLER allows, a shipping/cargo company that can be selected from the Platform.
To exercise the right of withdrawal, the SELLER must be notified within this period that this right has been exercised;
in writing to the SELLER's address specified above,
to the SELLER's email address bajjarifashion@outlook.com; or
to the SELLER's phone numbers +905374378512 or +905372254940.
If the Product is returned directly to the SELLER without using any of these methods, the SELLER cannot be held responsible for any damage, loss of the Product, or any expenses.
When making a withdrawal notification, the BUYER must share the following information completely with the SELLER. Otherwise, the SELLER will be deemed not to have received any withdrawal notification:
Product and quantity subject to the right of withdrawal
Product price
Order date and delivery date
BUYER's full name, surname and address
Date of withdrawal notification.
When exercising the right of withdrawal, the BUYER shall;
a) Send the invoice of the product delivered to the BUYER or to the person designated by the BUYER as the recipient,
b) Send the Product/s, which are to be returned complete and undamaged with their box, packaging, and standard accessories if any, to the SELLER via the cargo company specified in the Agreement within 10 days at the latest from the notification of the exercise of the right of withdrawal. The SELLER does not accept any responsibility for Products sent to the SELLER without a withdrawal notification.
The BUYER will be responsible for any changes and deteriorations that occur if the goods are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.
If the BUYER exercises their right of withdrawal, the SELLER will immediately initiate efforts with the relevant bank to refund the product price to the BUYER's bank account or credit card account within 14 (fourteen) days from the date the withdrawal notification reaches them. In any case, the SELLER reserves the right to delay the relevant refund period until they receive the Product if the Product does not reach them. The BUYER is exclusively responsible for any bank deductions and expenses that may occur during the transfer of the refund amount to the BUYER's account, as well as international transfer fees.
When returning the Products to the SELLER in case of exercising the right of withdrawal, the BUYER is obliged to carry out the return in accordance with customs rules and regulations; and to clearly state "return" when delivering the returned Product to the cargo company. The SELLER is not responsible if the Product cannot pass the customs border to the SELLER's country or if the Product does not reach the SELLER.
DEFAULT
In case the Product/s sent by the SELLER are defective, the BUYER may exercise one of the following rights against the SELLER, to the extent applicable to the nature of the Product/s: (i) replacement of the relevant goods with new ones, (ii) a price reduction in proportion to the defect, or (iii) withdrawal from the Agreement. In such a case, the PARTIES will jointly decide on the relevant elective right.
PRIVACY AND PROTECTION OF PERSONAL DATA
The SELLER accepts and declares that while fulfilling its obligations under this Agreement, it will fulfill its obligations arising from all legislation, including the Law on Protection of Personal Data, and the Terms of Use and Privacy Policy on the Platform.
The BUYER declares and undertakes that the personal and other information provided by them while registering to the Platform and using the Platform is accurate, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
The necessary measures for the security of information and transactions entered by the BUYER on the Platform have been taken by the SELLER on its own system infrastructure, to the extent of current technical capabilities, according to the nature of the information and transaction. However, since the said information is entered from devices belonging to the BUYER, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, for their protection by the BUYER and to prevent unauthorized persons from accessing them, belongs to the BUYER.
INTELLECTUAL PROPERTY RIGHTS
The BUYER acknowledges that all elements related to the Platform and the design, text, image, html code, and other codes on the Platform, including but not limited to these, belong to the SELLER or are used by the SELLER under a license right obtained from a third party, and under no circumstances can the BUYER use these intellectual rights for even reference and promotional activities without the written consent of the SELLER. The BUYER cannot engage in attitudes and behaviors that may constitute an infringement of the SELLER's copyrights, trademarks, or other rights or create unfair competition, or conduct advertising activities contrary to the relevant legislation.
RESOLUTION OF DISPUTES AND AUTHORIZED COURT
Turkish Republic law and legislation shall apply in the implementation of the Agreement. In case of any dispute in the application of the Agreement, the Consumer Arbitration Committees, Consumer Courts, and Enforcement Offices specified in the Law and announced by the Ministry of Customs and Trade of the Republic of Turkey are authorized.