DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1. SELLER:
Title: Deriza Deri Sanayi Ticaret Limited Şirketi
Address: Gazi Mahallesi 16. Sokak No:11/E Gaziemir - İzmir
Phone: 0533 599 33 74
Email: destek@deriza.com
MERSIS Number: 0293 093 9237 00001
1.2. BUYER:
Name/Surname/Title:
Address:
Phone:
Email:
ARTICLE 2 – SUBJECT OF THE AGREEMENT
This Distance Sales Agreement (“Agreement”) has been prepared in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement. The subject of this agreement is to determine the rights and obligations of the parties in relation to the sale and delivery of the goods/services with the specified qualifications, which the Buyer electronically ordered from the Seller via the website www.deriza.com or other associated domain names (“Website”), in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts.
ARTICLE 3 – PRODUCT(S) SUBJECT TO THE AGREEMENT
3.1. The type, quantity, brand/model, color, and sale price (including taxes, as unit price x quantity) of the products are as specified in the product description.
3.2. Payment method:
3.3. Since installment sales are only made with bank-issued credit cards, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the buyer, in accordance with the current legislative provisions.
3.4. The Agreement takes effect upon the Buyer’s approval, and is fulfilled upon the delivery of the Goods/Services purchased by the Buyer from the Seller. The goods/services will be delivered to the person(s) at the address specified by the Buyer in the order form and in this agreement.
Delivery Address:
Recipient:
Invoice Address:
The delivery costs of the Goods/Services belong to the Buyer. If the Seller has stated on the website that the delivery fee will be covered by them, the delivery costs will be borne by the Seller. The delivery of the goods is made within the promised period, provided that the Seller’s stock is available and the payment has been completed. The Seller will deliver the Goods/Services within 30 (thirty) days from the date the Buyer ordered them and reserves the right to extend this period by an additional 10 (ten) days with a written notification. If the price of the Goods/Services is not paid by the Buyer for any reason or the payment is canceled in the bank records, the Seller is considered to be released from the obligation to deliver the Goods/Services.
Delivery will be made in person at the address specified by the BUYER via a cargo company. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled their obligation completely and fully. Therefore, any damage resulting from the BUYER's late receipt of the product and/or any expenses incurred due to the product waiting at the cargo company and/or being returned to the SELLER also belong to the BUYER.
ARTICLE 4 – BUYER’S DECLARATIONS AND COMMITMENTS
4.1. The Buyer declares that they have read and are informed of the basic characteristics, sale price, payment method, and delivery information of the product subject to the contract on the Website, and has given the necessary confirmation electronically. Buyers, in their capacity as Consumers, can submit their requests and complaints through the channels provided by the Seller's contact information listed above.
4.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer also confirms that they have received the address, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information that the Seller must provide to the consumer before the conclusion of distance contracts.
4.3. If the Buyer receives the Goods/Services from the cargo company in a damaged, broken, torn, or otherwise defective condition without inspecting it first, the responsibility is entirely their own. It will be assumed that the Goods/Services received by the Buyer from the cargo company official are undamaged and sound. After delivery, the responsibility and damage to the Goods/Services belong to the Buyer. If, after the delivery of the Goods/Services, the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unauthorized and unlawful use of the Buyer’s credit card by unauthorized persons, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to them. In this case, the delivery expenses belong to the Buyer.
4.4. The Buyer must enter their information completely and accurately. A phone number and tax number/TR ID number are mandatory for delivery.
4.5. The prices of upholstered products on the website may vary depending on the fabric type and quality used for the upholstery.
4.6. The BUYER declares and undertakes in advance that the personal and other information they provide when becoming a member of the Website is true and that they will immediately compensate for any damages the SELLER may incur due to the falsity of this information.
4.7. The BUYER may not give or share the password given to them by the SELLER with other people or organizations; the right to use the said password belongs exclusively to the BUYER. If the BUYER's password is stolen or another person performs a transaction with the same password, the BUYER is obliged to pay the SELLER for all payments resulting from such a transaction, completely and on time. For this reason, the SELLER reserves all rights to compensation and other claims against all liabilities that may arise and against all claims and demands that may be brought against the SELLER by third parties or authorized authorities due to such unauthorized use. The SELLER may make the password belonging to the BUYER temporarily or permanently unusable for any reason, such as security.
4.8. The BUYER accepts and undertakes from the beginning to comply with the legal regulations while using the Website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will belong exclusively to the BUYER.
4.9. The BUYER cannot use the Website in any way that disrupts public order, is contrary to general morals, harasses and disturbs others, for an illegal purpose, or in a way that infringes on the intellectual and copyright rights of others. In addition, the BUYER cannot engage in activities (Spam, Virus, Trojan Horse, etc.) and actions that prevent or make it difficult for others to use the services.
4.10. The ideas and thoughts declared, written, and used by BUYERs on the Website are entirely the BUYERs' personal views and are binding on the author. These views and thoughts have no relation or connection with the SELLER. The SELLER has no responsibility for any damages that may be incurred by third parties due to the ideas and views that the BUYER may declare and for any damages that the BUYER may incur due to the ideas and views that third parties may declare.
4.11. The BUYER has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal liabilities arising from this will belong entirely to the BUYER who used the software and data without permission.
4.12. The SELLER may disclose the BUYER's personal information when required by a legal obligation or when it deems it necessary in good faith to (a) comply with legal requirements or legal processes served on the SELLER; (b) protect and defend the rights and property of the SELLER and the SELLER Website family.
4.13. Measures have been taken to the extent possible to ensure that the SELLER's Website is free of viruses and similar malicious software. However, in order to ensure ultimate security, the user must provide their own virus protection system and ensure the necessary protection. In this context, by entering the SELLER's Website, the BUYER is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences.
4.14. The SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete the user information and data registered on the SELLER's Website.
4.15. The Parties accept and declare that all computer records belonging to the SELLER will be taken as the sole and exclusive evidence, in accordance with HMK. HUMK article 287193, and that the said records constitute an evidence agreement.
ARTICLE 5 – SELLER’S DECLARATIONS AND COMMITMENTS
5.1. The Seller is responsible for delivering the Goods/Services subject to the Agreement to the Buyer in a sound, complete, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals, in accordance with the Consumer Legislation. If the Seller cannot deliver the product subject to the contract within the time limit due to force majeure or extraordinary circumstances that prevent transportation, they are obliged to inform the Buyer as soon as possible. If the Goods/Services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
5.2. The stock status of the products on sale is updated from the SELLER's stocks. Despite updates in the Seller's stocks, the delivery time of out-of-stock products may be extended due to unavoidable reasons. In this case, the customer is informed by phone or e-mail. Depending on the customer's request, the order can be changed, the delivery can be waited for, or the order can be canceled. In case of order cancellation, if the payment was made by credit card, it will be refunded to the credit card, and if the payment was made by bank transfer, it will be refunded to a bank account specified by the customer.
5.3. The SELLER determines all product prices sold on the website, in accordance with the rules of a free market economy. The Label Price, Sale Price, and Discounted Price are included in this. The BUYER, including the product manufacturer, importer, or distributor, has no authority to force a change in the price. Typos are an exception.
5.4. The BUYER's information entered for the order is checked at the time the order is placed. Therefore, before the BUYER's order is shipped, an e-mail confirming the order must be sent to the BUYER.
5.5. Orders placed after 15:30 on Fridays are processed on Monday. Orders that fall on holidays and public holidays are processed on the next business day.
5.6. Shipping and delivery fees vary depending on the content of the orders, the type of delivery chosen, and the city of delivery. Shipping fee information can be seen in detail on the payment screens where the purchase takes place.
5.7. Deliveries are made only with identity checks by cargo companies determined by the SELLER or with their own distribution network. Delivery by a different cargo company cannot be requested. When receiving the ordered package, it must be checked, and damaged or faulty packages should not be accepted. At the moment the package is received, the BUYER's Order will be considered to have been delivered completely and without damage by the cargo officer.
5.8. The SELLER does not make international deliveries.
5.9. The SELLER is free to choose the types of products to be sold through the virtual store in line with their own decisions. The BUYER has no right to object in this regard.
5.10. After the order is received, it is prepared by the SELLER within the period and delivered to the cargo. In the event that the ordered product is not delivered within the time limit, the said delay is caused by the cargo company, and the SELLER cannot be held responsible for the said delay. In case of a delay in order delivery, the BUYER is obliged to inform the SELLER immediately.
5.11. The BUYER will be able to track their shipped order online through the Cargo Tracking Number sent to them in the Order Confirmation.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract by rejecting the goods without giving any reason and without paying any penalty within 14 days from the date of delivery of the product subject to the contract to themselves or to the person/organization at the address they specified. The right of withdrawal period starts on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third person determined by the consumer receives the goods for contracts related to the delivery of goods. In order to exercise the right of withdrawal, it is mandatory to notify the SELLER by fax, e-mail or phone within this period and that the contents of the product box/package are not reduced and that the product is in a condition to be resold. In the event that this right is exercised, a copy of the cargo delivery record showing that the product delivered to the 3rd person or the BUYER was sent to the SELLER and the original invoice must be returned. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The product price is refunded to the BUYER within 10 days from the date the consumer's withdrawal notification is received by the seller. The shipping cost of the product returned due to the right of withdrawal, EFT deduction, and other expenses are covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of delivery of the goods or the signing of the contract, without assuming any legal or criminal liability and without giving any reason, and that we will take back the goods from the date the withdrawal notification reaches the seller or provider.
ARTICLE 7 – REFUND PROCEDURE
7.1. Credit Card Refund Procedure: In cases where the BUYER exercises their right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where the consumer is entitled to a refund by a decision of the arbitration committee, if the purchase was made with a credit card and in installments, the credit card refund procedure is as follows:
The bank makes the refund to the customer in installments, regardless of how many installments the BUYER purchased the product in. After the SELLER pays the entire product price to the bank in a single lump sum, in the event of a refund to the BUYER's credit card for installment purchases made from bank POS terminals, the requested refund amounts are transferred to the cardholder's accounts by the bank in installments, so that the parties involved are not in a disadvantaged position. The installment amounts that the BUYER has paid until the cancellation of the sale, if the refund date and the card's statement dates do not coincide, 1 refund will be reflected on the card every month and the customer will receive the installments they paid before the refund for as many months as the number of installments of the sale ends and will be deducted from their existing debts.
In case of a refund for goods and services purchased with a card, the SELLER cannot pay the customer cash in accordance with the agreement they have with the bank. The BUYER's workplace, i.e., the SELLER, will make the refund through the relevant software when a refund is in question, and since the BUYER's workplace, i.e., the SELLER, is obliged to pay the relevant amount to the bank in cash or by offset, cash payment cannot be made to the customer in accordance with the procedure we have explained above. The credit card refund will be made by the bank in accordance with the above procedure after the SELLER pays the amount to the bank in a single lump sum. The BUYER accepts and undertakes that they have read and accepted this procedure.
7.2. Bank Transfer/EFT Refund Procedure: In bank transfer/EFT payment options, the refund will be made by bank transfer and/or EFT to the account specified by the consumer (provided that the account is in the name of the person at the invoice address or in the name of the user BUYER) after the consumer's bank account information is requested.
ARTICLE 8 – PRODUCTS THAT CANNOT BE RETURNED
Unless otherwise agreed by the parties, the consumer cannot exercise their right of withdrawal in the following contracts:
a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or may expire.
d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return for reasons of health and hygiene.
e) Contracts for the delivery of goods that are mixed with other products after delivery and which cannot be separated due to their nature.
f) Contracts for the delivery of books, digital content, and computer consumables supplied in a physical environment after the protective elements such as packaging, tape, seal, and package have been opened after the delivery of the goods.
g) Contracts for the delivery of periodic publications such as newspapers and magazines, except for those provided under a subscription agreement.
h) Contracts for the use of leisure time for accommodation, goods transportation, car rental, food and beverage supply, and entertainment or recreation, which must be performed on a specific date or period.
ğ) Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the consumer.
h) Contracts for services whose performance has started with the consumer's consent before the end of the right of withdrawal period.
Products sold under a campaign are not accepted for return under any circumstances.
ARTICLE 9 – LIABILITY FOR DEFECTS
Defective Goods: Goods that contain material, legal, or economic deficiencies that are contrary to the quality or quantity specified in their packaging, label, user manual, or advertisements and announcements, or notified by the seller, or determined in their standard or technical regulation, or that reduce or eliminate their value or the benefits the consumer expects from them in terms of their intended use or purpose, are considered defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract including a refund, to have the goods replaced with a non-defective equivalent, or to request a price reduction in proportion to the defect, or free repair. The seller is obliged to fulfill the consumer's preferred request. The consumer also has the right to demand compensation from the manufacturer/producer in cases where the defective good causes death and/or injury and/or damage to other goods in use, along with one of these elective rights.
Unless those held liable for defects have assumed responsibility for a longer period, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect appears later.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods that are purchased knowing they are defective.
It is mandatory to place a label with the inscription "defective" on the defective goods to be offered for sale, on their packaging, in a way that the consumer can easily read it, by the manufacturer or seller. This labeling is not required in places where only defective goods are sold or where a floor or section is permanently allocated for the sale of defective goods in a way that the consumer can be aware of it. The fact that the goods are defective is indicated on the invoice, receipt, or sales document given to the consumer.
Unsafe goods cannot be put on the market even with a defective label. The provisions of the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 shall apply to these products.
These provisions also apply to all consumer transactions related to the sale of goods.
Warranty Certificate: Manufacturers or importers are obliged to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The seller, dealer, or agent is responsible for completing and giving the consumer the warranty certificate containing the date and number of the invoice for the goods. The warranty period starts from the date of delivery of the goods and is a minimum of two years. However, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement due to their nature.
The seller is obliged to repair the goods covered by the warranty certificate without requesting any fee under any name, such as labor costs, replaced parts, or any other, if they malfunction during the warranty period.
If the consumer has used their right to repair, they can use their elective rights in cases where the continuous inability to benefit from the goods due to frequent malfunctions during the warranty period or the exceeding of the maximum period required for repair or the understanding that repair is not possible. The seller cannot refuse this request. If the consumer's request is not fulfilled, the seller, dealer, agent, manufacturer-producer, and importer are jointly and severally liable.
Malfunctions resulting from the consumer's use of the goods contrary to the provisions in the user manual are outside the scope of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum repair times required for the malfunctions of these goods, after receiving the opinion of the Turkish Standards Institute.
Warranty and Repair Period: The warranty period starts from the date of delivery of the goods to the consumer and is at least two years and/or as determined by the unit of measurement in the attached list.
If the warranty period is determined by another unit of measurement, the goods must have a mechanism for determining this unit of measurement or its structure must be suitable for determining this value. Otherwise, the warranty period is accepted as 2 years.
In case the goods malfunction, the time spent on repair is added to the warranty period.
The repair period of the goods cannot exceed the maximum repair period announced in the regulation. This period starts from the date the malfunction is reported to the service station, or in the absence of a service station, to one of the seller, dealer, agent, representative, importer, or manufacturer-producer of the goods. The consumer can report the malfunction by phone, fax, e-mail, registered mail with return receipt, or a similar method. However, in case of a dispute, the burden of proof belongs to the consumer.
ARTICLE 10 – DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations arising from this agreement, the Default provisions in Articles 106-108 of the Code of Obligations will apply. In cases of default, if one of the parties fails to fulfill their obligations within the period without a valid reason, the other party will give the defaulting party a 7-day period to fulfill the said obligation. If the obligation is not fulfilled within this period, the defaulting party will be considered in default, and the creditor party may request the fulfillment of the debt and compensation for delay, or by notifying the other party that they waive these rights, they may request compensation for the damages and expenses incurred due to the non-fulfillment of the debt, or they may withdraw from the contract. In case of withdrawal from the contract, the parties are mutually released from their obligation to perform and may demand the return of the performances they have previously performed. In this case, the debtor is obliged to compensate for the damages suffered by the creditor due to the invalidity of the contract, unless they prove that they are not at fault. The interest rate to be applied in case of default is the overnight borrowing interest rate of the T.R. Central Bank (TCMB) in force on the date the debt arose.
If the Seller cannot deliver the product subject to the contract within the time limit due to force majeure or extraordinary events such as adverse weather conditions, interruption of transportation, fire, earthquake, flood, etc., that prevent transportation, the Buyer may use one of their rights to cancel the order or to postpone the delivery until the preventing situation is eliminated, with the understanding that the Seller has no responsibility in such cases. If the BUYER cancels the order, the amount paid will be refunded within 10 days. (In the case of installment purchases made with a credit card, the above procedure for credit card refunds is accepted by the BUYER.)
ARTICLE 11 – COMPETENT COURT
If consumers have problems with the Seller, and the Seller cannot resolve the problem, they can apply to the Consumer Arbitration Committee in the place where they purchased the product or where they reside for complaints and objections related to transactions up to 2,320.00 TL; and they can apply to the Consumer Court in the place where they purchased the product or where they reside for complaints and objections related to transactions over 2,320.00 TL.
In accordance with the Communiqué on increasing the monetary limits in Article 68 of the Law on the Protection of Consumers No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized for disputes is 3,480.00 TL.
ARTICLE 12 – EFFECTIVENESS
This Agreement, consisting of 12 (twelve) articles, has been read by the Parties, concluded by the Buyer's electronic approval, and has entered into force immediately.
COMMERCIAL ELECTRONIC MESSAGE CONSENT
By placing an order within the scope of this agreement, the Buyer consents to the use of their electronic communication addresses (phone number, e-mail address, etc.) by Deriza Deri Sanayi Ticaret Limited Şirketi for order, delivery, invoice notifications, and after-sales customer satisfaction purposes.
The Buyer also gives their consent to the sending of commercial electronic messages containing campaigns, promotions, and information by Deriza Deri Sanayi Ticaret Limited Şirketi via SMS, e-mail, or other electronic communication tools.
The Buyer has the right to refuse to receive commercial electronic messages free of charge at any time via the “update communication preferences/opt-out link” in the messages or by applying in writing/by e-mail to Deriza Deri Sanayi Ticaret Limited Şirketi. Upon the company receiving the refusal request, the sending of commercial electronic messages will be stopped immediately.
SELLER: Deriza Deri Sanayi Ticaret Limited Şirketi
BUYER:
Date:
Approval:
