sadsad x
asdasd
Sales Contract

1) Subject and Scope of the Contract

This distance Sales Contract (“Contract”) is hereby regulated in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Contract accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Contract. The subject of this Contract constitutes that the Customer's (BUYER) has made his purchase order via Maya Tekstil San. Ve Tic. Ltd. Şti. ("Maya") website [www.penelopebedroom.com] ("Site") for the sale and delivery of the Goods/Services with the qualifications specified in the Contract, which the order has been placed in electronic environment, the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts Regulation. The subject of this contract is hereby the determination of the rights and obligations of the parties with regard to the sale and delivery of the product, whose properties, qualities and sales price are specified in the 3rd (third) article of the Contract.


2)Delivery Terms: 
The item ordered by THE BUYER  will be delivered to the shipment within 2 (two) business days at the latest after the contract is approved by the BUYER and the payment is made. The SELLER bears all responsibility until the delivery of the product.

Products are delivered only within the borders of Turkey, orders from abroad will not be delivered.

3) Product Delivery and Delivery Type

The contract is entered into force with the approval of the BUYER in the electronic environment and is executed by the delivery of the Goods/Services purchased by the BUYER from the SELLER to the BUYER. The Goods/Services will be delivered to the address and to the authorized person/s specified by the BUYER in the order form and in this Contract hereby.

4) Delivery Costs and Payment

Shipment costs of the product are covered by the SELLER in cases where the order amount is 500 TL or more, and by the BUYER for orders below 500 TL. Shipment fee is not included in the price of the product. The "shipment service fee" for orders under 500 TL is not refunded for order cancellations or product returns. A Service Fee of 5 TL is charged for orders with the option for cash on delivery, and no service fee is refunded in order cancellations or product returns. The order will be delivered by hand at the BUYER's address above, via the contracted Yurtiçi Kargo company. Even if the BUYER is not present at the time of delivery, our company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for the damages and expenses caused by the BUYER's late pick up and/or non-delivery of the product. The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents if any and user manuals.

The delivery of the product is carried out if the SELLER's stock is available and in the committed time after the payment is made. (Depending on stock, orders received before 15:00 will be delivered to the contracted cargo within the same day). The SELLER delivers the Goods/Services to the cargo within 3 (three) business days following the confirmation of the contract and the payment is made after the Goods/Services are ordered by the BUYER, without prejudice to the circumstances in which the sale of the Goods/Services subject to the order becomes impossible. If, for any reason, the payment is canceled in the bank proceedings, the SELLER is deemed to be relieved of its obligation to deliver the Goods/Services.

 

5) Buyer’s Declaration and Commitments

The BUYER declares that he has read and informed the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price and payment method, as well as the delivery and shipment cost of the Goods/Services that are the subject of the Contract on the Site and gives the necessary confirmation in electronic environment. The BUYER, as a Consumer, can deliver their requests and complaints to the SELLER via the contact information above and/or through the channels provided by the Site. The Buyer confirms this Contract and related forms electronically, the address to be given to the SELLER before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. It also confirms that it has obtained the correct and complete delivery price information. In case of the BUYER receives the damaged and defective Goods/Services subject to the Contract from the cargo company, without inspecting them, and if the goods are destroyed, broken, the packaging is torn, etc.  the responsibility belongs entirely to the BUYER. The Goods/Services received by the BUYER by the signature of the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after the delivery belong to the BUYER. In the event that the BUYER detects that the package and the product inside are damaged while receiving the product from the cargo, he must not accept the shipment and make a report to the cargo officer. In addition, the BUYER should immediately convey the situation to the SELLER via e-mail and send the report to the SELLER. In this case, the SELLER will fix the problem and responds to the BUYER as soon as possible.

6) Seller's Declaration and Commitment

The SELLER is responsible for delivering the Goods/Services subject to the Contract to the BUYER in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the SELLER cannot deliver the product subject to the contract within the period due to force major or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be returned to the BUYER's bank by the SELLER. The time for the refund to be deposited in the BUYER's account is determined by the bank and the SELLER does not interfere with this process. For purchases in installments, the refund of the cost of the goods is made in installments.

If the contractual Goods/Services are to be delivered to another person from the BUYER, the SELLER cannot be held responsible if the person to be delivered does not accept the delivery.

7) Right of Withdrawal

The BUYER can return the purchased Goods/Services within 14 (fourteen) days from the delivery date, without bearing any legal or penal liability and without giving any reason, using the right of withdrawal. Due to the exercise of the right of withdrawal, the product must be sent to the SELLER within 14 days through the SELLER's contracted cargo company. Otherwise, the product return shipping fee regarding the use of the right of withdrawal is paid by the BUYER.

 

Notification of the right of withdrawal and other notifications regarding the Contract will be sent to the SELLER through the communication channels specified on the Site. In order to exercise the right of withdrawal, the SELLER must be notified within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Site.

 

If the right of withdrawal is exercised:

a) The BUYER sends the product back to the SELLER within 5 (five) days following the approval of the written statement made to use the right of withdrawal.

 b) The product box, packaging, standard accessories, other items gifted with the Product must be returned completely and undamaged within the scope of the right of withdrawal. After the product returned by the BUYER with the SELLER's approval due to the right of withdrawal reaches the SELLER, the cost of the goods/services will be returned to the BUYER's bank by the SELLER. The time for the refund to be reflected in the BUYER's account is determined by the bank and the SELLER does not interfere with this process. For purchases in installments, the refund of the cost of the goods is made in installments.

As long as the BUYER sends the product to be returned to the Seller with the contracted cargo company of the SELLER specified in the relevant contract, the return shipping cost belongs to the SELLER. If the BUYER sends the product to be returned by a cargo company other than the contracted cargo company of the SELLER specified in the relevant contract, the SELLER is not responsible for the return shipping cost and the damage that the product may sustain during the shipping process. If the right of withdrawal is exercised within the period until the delivery of the Product after the order confirmation is given, the BUYER shall be responsible for the return shipping cost.

 

8) Circumstances in which the Right of Withdrawal cannot be exercised

The right of withdrawal may not be exercised under the following circumstances: a) In contracts for goods or services that are not under the control of the seller and whose prices change depending on the fluctuations in the financial markets (products in the category of jewelry, gold and silver) b) In contracts for the delivery of personalized goods, which are not suitable for return due to their nature, which are in danger of deteriorating quickly or whose expiration date is likely to expire c) In contracts for the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; d) In contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e)In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material media, provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer.  f) In contracts regarding the delivery of periodicals such as newspapers and magazines other than those provided under the subscription Contract g) In contracts for accommodation, carriage, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be made on a certain date or period. h) In contracts for the performance of services related to betting and lottery ı) In contracts for services started with the approval of the consumer before the expiry of the right of withdrawal i) Instant performance in electronic environment In the contracts regarding the services rendered and intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (with regular deliveries of the seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence) In the case of goods/services (services in areas such as travel, accommodation, restaurant, entertainment industry), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller. The cancellation and return conditions of such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules.

9) Resolution of Disputes

In the implementation of the Distance Sales Contract hereby, the Consumer Arbitration Committees in the place where the Buyer purchases the Goods or Services and where the residence is located, and the Consumer Courts where the seller's headquarters are located, are authorized up to the value announced by the Ministry of Industry and Trade. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits, specified in The Consumer Protection Law No. 6502, Article 68, Paragraph 1.

10) Price of the Product/Service

The cash or deferred sales price of the product is included in the order form, but it is the price included in the information mail sent at the end of the order and in the invoice sent to the customer with the product.

 

In cases where the payment is made using credit card and similar payment methods, and the card is used unlawfully by someone else, the action is taken in accordance with the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and published in the Official Gazette dated No. 26458., dated 10/3/2007.

11) Notices and Evidential Contract

Any correspondence to be made between the Parties under this Contract will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER, in case of disputes that may arise from this Contract, accepts, declares and undertakes that that the official books and commercial records of the SELLER, electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, within the meaning of Article 193 of the Code of Civil Procedure. 

12) General Provisions

The BUYER accepts, declares and undertakes that he has read the basic features of the product subject to the contract, the information about the preparation and delivery of the product, is informed about the sales price and payment method, and gives the necessary approval in electronic environment on the website www.penelopebedroom.com. The BUYER irrevocably accepts, declares and undertakes that he has read and approved the information sent to him electronically before this contract.

 

The BUYER can only pay by credit card (Master, Visa, etc.) via some applications on the SELLER's website. The processing time of orders is not the moment the order is placed, but the time when the payment from the credit card account is made to the SELLER's account in full and complete. In the sale of products produced in limited numbers, the time of payment is taken into account. During the transaction, priority is given to the user whose payment transaction is completed first.

 

Commercial Electronic Messages for marketing and promotional purposes can be sent to you in accordance with the Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages, via the e-mail address, telephone and/or mobile phone you provided when you become a Member of the SELLER. The BUYER has the right to decline these submissions free of charge at any time and not to receive messages for marketing and informational purposes.

Due to this contract, your personal data registered in the system will not be shared with the third parties in any way, except for legal obligations and/or the request of legal authorities and/or the initiation of a judicial process by the Seller, other than your consent. The site keeps the IP log records of the users within the periods specified in the laws, when necessary, in order to identify the problems that may occur within the website and to solve the technical problems, irregular shopping and/or other problems that may occur, immediately. Apart from this, if requested by the legal authorities, data regarding users and contracted services and/or goods are shared with relevant institutions and/or organizations.

 

Prepared by  T-Soft E-Commerce.