Sales Agreement

 
DISTANCE SALES AGREEMENT

1.PARTIES
This Agreement has been signed between the following parties within the framework of the provisions and conditions specified below:

'BUYER' ; (hereinafter referred to as the "BUYER" in this agreement)

NAME-SURNAME:
ADDRESS:

'SELLER' ; (hereinafter referred to as the "SELLER" in this agreement)

TRADE NAME: GUSTO GİYİM SANAYİİ VE TİCARET ANONİM ŞİRKETİ (Tax ID: 412000321)
ADDRESS: Şerifali Mahallesi Mevdudi Sokak No:55 Ümraniye/İSTANBUL

By accepting this agreement, the BUYER acknowledges that they will be obligated to pay the order amount, including any additional fees such as shipping fees and taxes, and that they have been informed about this.

2.DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall have the meanings stated below:

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)

SERVICE: Any consumer transaction other than the provision of goods in exchange for a fee or benefit,

SELLER: The company that supplies goods to the consumer within the scope of its commercial or professional activities or on behalf of or for the account of the supplier,

BUYER: The individual or legal entity who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,

WEBSITE: The website owned by the SELLER,

ORDERER: The individual or legal entity who requests goods or services from the SELLER's website,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement entered into between the SELLER and the BUYER,

GOODS: The movable property subject to the purchase and sale and intangible goods such as software, audio, visual, and similar products prepared for use in electronic media.

3.SUBJECT
This Agreement regulates the sale and delivery of the product, the qualities and sale price of which are specified below, ordered electronically by the BUYER through the SELLER's website, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

The listed prices and advertised prices on the website are the sales prices. The advertised prices and promises are valid until updated or changed. Prices announced for a certain period are valid until the specified period expires.

4.SELLER INFORMATION
Name:

Address:
Phone:
Fax:
Email:

5.BUYER INFORMATION
Recipient:

Delivery Address:
Phone:
Fax:
Email/username:

6.ORDERER INFORMATION
Name/Surname/Title:

Address:
Phone:
Fax:
Email/username:

7.PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The basic features of the product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign has been organized by the Seller, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the campaign date.

7.2. The listed prices and advertised prices on the website are the sales prices. The advertised prices and promises are valid until updated or changed. Prices announced for a certain period are valid until the specified period expires.

7.3. The sales price including all taxes of the goods or services subject to the agreement is shown below.

Unit Price

Subtotal
(VAT included)

Shipping Amount

Payment Method and Plan

Delivery Address

Recipient of Delivery

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping cost, which is the shipment expense, shall be paid by the BUYER.

8.INVOICE DETAILS
Name/Surname/Title

Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.

9.GENERAL TERMS
9.1. The BUYER acknowledges, accepts, declares, and undertakes that they have read and understood the basic characteristics of the product, the sales price, payment method, and delivery information related to the product on the SELLER's website and provided the necessary confirmation electronically before the establishment of the distance sales contract. The BUYER acknowledges, accepts, declares, and undertakes that they have acquired the correct and complete information about the address to be given by the SELLER before the establishment of the distance sales contract, the basic specifications of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person/organization designated by the BUYER at the address indicated within the period specified in the preliminary information section on the website, depending on the distance of the place of residence of the BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER undertakes to deliver the subject of the contract in a complete and proper manner, in accordance with the specified qualifications in the order and, if any, with warranty documents, usage manuals, necessary information, and documents required by the job, in compliance with the legal requirements, and in a manner that is accurate, consistent with the standards, and based on honesty and integrity, as well as to maintain and improve the quality of service, to show the necessary care and diligence during the performance of the work, and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the performance of the contractual obligation arising from the contract.

9.5. If the SELLER cannot fulfill the contractual obligations due to the impossibility of delivering the ordered product or service, the SELLER agrees, declares, and undertakes to inform the consumer in writing within 3 days from the date of learning about this situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that in case the payment of the product price by credit card is not made for any reason or if it is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will cease.

9.7. After the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated by the BUYER, if the BUYER's credit card is used by unauthorized persons unlawfully, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days at the expense of the BUYER.

9.8. If the SELLER is unable to deliver the product subject to the contract within the agreed period due to force majeure or other reasons beyond the control of the parties that could not be foreseen and prevent the performance or cause a delay, the SELLER agrees, declares, and undertakes to notify the BUYER of this situation. In case of cancellation of the order by the BUYER, if the payment is made in cash, the amount of the product will be refunded to the BUYER in cash and in full within 14 days. If the payment is made by credit card, the product amount will be refunded to the bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, accepts, declares, and undertakes that it may take an average of 2 to 3 weeks for the refunded amount to be reflected in their accounts due to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for any possible delays.

9.9. The SELLER has the right to contact the BUYER through various means such as letter, e-mail, SMS, telephone calls, and other methods using the personal data, including the name, address, e-mail address, telephone numbers (fixed and mobile), obtained during the registration process on the SELLER's website, for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may carry out the aforementioned communication activities towards them.

9.10. The BUYER shall inspect the product/service before receiving it; they shall not accept damaged and defective products/services such as crushed, broken, and torn packaging from the shipping company. The delivered product/service will be deemed undamaged and intact. If the right of withdrawal will be used, the product/service should not be used, and the invoice should be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identification and contact information of the credit card holder, the monthly statement of the credit card used in the order, or a letter indicating that the credit card belongs to the cardholder from the bank. Until the requested information/documents are provided by the BUYER, the order will be put on hold, and if the aforementioned requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other related information given while becoming a member of the SELLER's website is true and accurate, and the BUYER agrees to indemnify the SELLER for all damages they may suffer due to the inaccuracy of this information, immediately and in cash, upon the first notification by the SELLER.

9.13. The BUYER agrees and undertakes to comply with the provisions of the relevant legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise from these violations will be binding solely and exclusively on the BUYER.

9.14. The BUYER shall not use the SELLER's website in a manner that disrupts public order, contradicts general morality, disturbs and harasses others, or violates the material and moral rights of others. In addition, the BUYER shall not engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).

9.15. Links may be provided on the website of the SELLER to other websites and/or content owned or operated by third parties, which are not under the control of the SELLER. These links are provided for the convenience of the BUYER to provide easy access to other websites or content, and they do not imply endorsement of any website or the person operating the website and do not constitute any warranty regarding the information contained in those websites.

9.16. If the member violates one or more of the items listed in this agreement, they shall be personally responsible for this violation, and the member agrees to hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, in the event of a violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10.RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts for the sale of goods, the BUYER may exercise their right of withdrawal from the contract without incurring any legal or criminal liability and without giving any reason, by rejecting the goods and notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used 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 expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER acknowledges, accepts, and declares in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER within the 14-day period by registered mail, fax, or e-mail, and the product must be unused within the framework of the provisions of the "Products for Which the Right of Withdrawal Cannot Be Used" specified in this agreement. In this case,

a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Return of orders made on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)

b) Return form,

c) The box of the products to be returned, their packaging, and complete standard accessories, if any, must be delivered undamaged and complete.

d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the date of receipt of the withdrawal notification by the SELLER.

e) If there is any decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER shall be liable to compensate the SELLER for the damages to the extent of their fault. However, the BUYER shall not be responsible for any changes or deterioration that occur due to the proper use of the product during the right of withdrawal period.

f) In case the campaign limit amount set by the SELLER is dropped due to the exercise of the right of withdrawal, the discount amount obtained through the campaign will be canceled.

11.PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
According to the regulations, if the packaging of the products is opened by the BUYER or if the products are prepared according to the BUYER's request or explicitly personalized, and they are not suitable to be returned, the return of these products is not possible. In addition, the right of withdrawal cannot be exercised for services performed with the consent of the consumer before the end of the withdrawal period, in accordance with the regulations.

12.DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on the payment made by credit card, they agree, declare, and undertake that they will pay interest to the bank with which the credit card agreement is concluded and be liable to the bank. In this case, the bank may apply to legal remedies, demand the expenses and attorney's fees from the BUYER, and in any case, the BUYER agrees, declares, and undertakes to compensate the damages suffered by the SELLER due to the BUYER's default in the performance of the debt.

13.PROTECTION OF PERSONAL DATA
The personal data belonging to the BUYER may be processed by the SELLER within the scope of the Law No. 6698 on the Protection of Personal Data (KVKK), depending on the service provided by the SELLER and the commercial activity being conducted, through automatic or non-automatic methods, through various means such as the website, social media channels, verbally, in writing, or electronically. The data will be stored for as long as the purpose of giving this information is valid and within the legal periods specified in the legislation for the storage of the data. At the end of these periods, in accordance with Article 7 of the KVKK, the data will be deleted, destroyed, or anonymized officially or upon the request of the BUYER. The SELLER takes the necessary security measures to prevent the loss of stored data, unauthorized access by third parties, and unlawful use.

14.JURISDICTION
In case of any disputes arising from this agreement, complaints and objections shall be made to the consumer problems arbitration committee or consumer courts in the place where the consumer's residence is located or where the consumer transaction is made, within the monetary limits specified in the following law. The monetary limits are as follows:

According to the Notification on the Increase of Monetary Limits Stated in Article 6 of the Law on Consumer Protection No. 6502 and the Regulation on Consumer Arbitration Committees, effective from 01.01.2018:

For applications to Consumer Arbitration Committees in 2018:

a) In disputes with a value below 4,570 (four thousand five hundred seventy) Turkish Liras, District Consumer Arbitration Committees are competent.

b) In metropolitan cities, for disputes between 4,570 (four thousand five hundred seventy) Turkish Liras and 6,860 (six thousand eight hundred sixty) Turkish Liras, Provincial Consumer Arbitration Committees are competent.

c) In the centers of provinces that are not metropolitan cities, for disputes below 6,860 (six thousand eight hundred sixty) Turkish Liras, Provincial Consumer Arbitration Committees are competent.

ç) In the districts of provinces that are not metropolitan cities, for disputes between 4,570 (four thousand five hundred seventy) Turkish Liras and 6,860 (six thousand eight hundred sixty) Turkish Liras, Provincial Consumer Arbitration Committees are competent.

15.EFFECT
When the BUYER completes the payment for the order placed through the Site, they shall be deemed to have accepted all the terms of this agreement. The SELLER is responsible for making the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER before the completion of the order.

SELLER: GUSTO GİYİM SANAYİİ VE TİCARET ANONİM ŞİRKETİ

BUYER:

DATE: