Legal - Distant Selling Contract
DISTANCE SELLING CONTRACT
ARTICLE 1 – PURPOSE
This Distance Selling Contract sets out the rights and obligations of the parties in connection with the goods electronically ordered by the BUYER from the SELLER’s website as per the provisions of the Consumer Protection Law No. 6502 and Distance Selling Regulations. BUYER agrees to be informed about the following matters by reviewing the information at https://commonleisureweb.com/ both prior to the establishment of this Contract, prior to placement of order and undertaking the payment liability.
ARTICLE 2 – PARTIES
INFORMATION ABOUT THE SELLER
Title: Seda Çeliktürk Tekstil Prodüksiyon İç ve Dış tic. ltd. şti.
Address: Reşatağa sok. Urgaybey apt. 14-12/2 34347 Ortaköy mah. , Beşiktaş / İstanbul.
Phone: +90 532 237 12 38
E-mail for submitting the withdrawal notice: firstname.lastname@example.org
Address for returning products: Reşatağa sok. Urgaybey apt. 14-12/2 34347 Ortaköy mah. , Beşiktaş / İstanbul.
INFORMATION ABOUT THE BUYER
ARTICLE 3 – FEATURES OF THE PRODUCT BEING SOLD AND PAYMENT TERMS
3.1. BUYER agrees and represents that s/he has read and made himself/herself familiar with the main qualities, sales price including any taxes, payment method and delivery about the product and that s/he has given the required confirmation in writing. BUYER agrees and represents that s/he has obtained all information which must be provided by the SELLER as per the Distance Selling Regulations prior to his/her agreement to this Contract.
3.2. The qualities and quantity of the product purchased by the BUYER are the same with the information on the website at https://commonleisureweb.com/ and on the invoice which is sent via email after the purchase. Once the product is sold, the order summary and the provisions of the selling contract are sent to BUYER’s e-mail address. In case of additional expenses for transportation and delivery, such details shall be also sent to BUYER’s e-mail address.
3.3. In case of any errors relating to the product price due to system errors of the website at https://commonleisureweb.com/, the BUYER shall be immediately informed about the error. At BUYER’s option, either the transaction will be cancelled or the selling transaction will be proceeded using the actual price of the product.
3.4. The product price and the exchange rate for payment may vary depending on the location in where the BUYER is residing. In the event that the BUYER uses VPN in order to alter its residing location and purchases the product, the VENDOR reserves the right to cancel the sales process accordingly.
3.5. While payment via credit card may be made in single installment, payments may be made in multiple installments depending on the contracts made with banks seasonally. Installment and possible later interest shall be at the discretion of the relevant bank.
3.6. For delivery of the product under the selling Contract, the product price must be paid with such method as preferred by the BUYER. In order for the payments could be made via credit cards, the BUYER needs to enter the credit card details fully on the payment field. In the event the product price is not paid or payment is cancelled by the bank, the SELLER may terminate the selling contract unilaterally and the SELLER shall no longer be under obligation to deliver the product.
ARTICLE 4 – DELIVERY OF THE PRODUCT
4.1. The SELLER may provide the BUYER with an estimated delivery deadline for the product purchased. Delivery lead time shall not exceed the legal period of 30 (thirty) days prescribed in the Regulations on Distance Selling Contracts. If, for any reason, the order may not be delivered within the period promised by the SELLER, such delay shall be notified to the BUYER.
4.2. The Product shall be delivered to the person at the delivery address designated by the BUYER.
Any damages and expenses which may result from acceptance of the product by a person at the delivery address other than the BUYER shall not be the responsibility of the SELLER. In case of delivery to the person at the delivery address, this delivery shall be considered to be a delivery to the BUYER. SELLER shall be considered to have fulfilled its obligations.
4.3. BUYER shall be responsible for promptly checking the product at the time of delivery and promptly notify any defects to SELLER via the phone number in the contact details above.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF SELLER AND BUYER
5.1 SELLER shall be responsible for delivering the product under the Contract in accordance with the qualities and features listed in the order, in full, complete and together with any warranty certificates and user guidelines.
5.2. BUYER shall be responsible for promptly checking the product at the time of delivery, refuse the product in case of any problems related with the product or cargo, and issuing a report with the cargo company’s officer. In case of no determination and notification regarding the product status, then the product received shall be considered to be free from damages.
5.3. In cases where it becomes impossible for the SELLER to deliver the ordered products or services, the SELLER shall, within three days following the date when the seller becomes aware of this, be under obligation to notify the consumer in writing or via permanent data storage tools and must return all payments collected including any delivery expenses, if any, within maximum fourteen days following the date of notification. If the product is not available in the stock, this shall not be considered the impossibility of providing the product.
ARTICLE 6 – EXERCISE OF THE RIGHT TO WITHDRAW AND OBLIGATIONS OF THE PARTIES
BUYER shall have the right to withdraw from the contract within 14 (fourteen) days without any justification and without being subject to any penalty.
Save that it is not a product for which the right to withdraw in Article 7 may not be exercised, the BUYER may exercise its right to withdraw by serving the withdrawal notice to the e-mail address or phone number mentioned in Article 2, within 14 (fourteen) days. Unless the Seller makes an offer to receive its product back, the BUYER shall, within 10 (ten) days following the date when the buyer submits its notice of withdrawal, be under obligation to return the product to the seller or the provider or the designated person together.In addition, the product(s) which must be returned within 10 (ten) days after the exercise of the withdrawal right must be non-used, non-worn, non-washed and in its original package together with its standard accessories, if any, so that the SELLER may offer it for sale again. In this case the delivery expenses of the product shall be borne by the SELLER.
In case of withdrawal, the product price of the returned product shall be refunded using the original payment method of the BUYER within 14 (fourteen) days following the receipt of the product.
For refunding via credit cards, the period of refund may vary due to the bank. The product which will be returned should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
In the case of withdrawal, if the returned product does not satisfy the conditions of return policy, the product shall be delivered back to the same address without making any extra payment.
ARTICLE 7 PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The specific products prepared and produced for special days such as Christmas, Valentine, Mother’s / Father’s Day can’t be returned.
ARTICLE 8 – SETTLEMENT OF THE DISPUTES
In respect of the disputes as may arise in connection with this Distance Selling Contract shall, up to the value announced by the Ministry of Customs and Trade, be settled by the Consumer Arbitration Committees and Arbitration Courts located at the place of residence of the Buyer and place where the Product or Service is purchased by the Buyer. In line with the lower and upper limits as specified in the 1st Paragraph of Article 68 of the Consumer Protection Law No. 6502, consumer claims shall be governed by the district / provincial consumer arbitration committees.
RETURN AND EXCHANGE POLICY
You may return any product which you ordered from commonleisureweb.com within 14 days without any justification and without being subject to any penalty compensation. The product which will be returned should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
In order to return a product, you may inform us about which product you will be returning by sending an e-mail to email@example.com. The products purchased from Common Leisure showrooms may not be refunded.
After you have notified Common Leisure, you may return the product(s) which you wish to return to the following address.
Return Address: Reşatağa sok. Urgaybey apt. 14-12/2 34347 Ortaköy mah. , Beşiktaş / İstanbul.
Product return terms shall be as follows:
The products to be returned must be returned in a non-used, non-worn and non-washed conditions. The product should be packaged without any damage to its original package and must be returned to the return address provided by Common Leisure. The return of products without any name and notification shall not be accepted.
The product returns not packed in its original package or with damaged package, any sticker from cargo company on it, any packaging tape on it or with original packages damaged shall not be accepted. If products returned are received with defects, the products shall be returned back to the sender and all additional delivery expenses shall be borne by the customer.
If the product had any accessories during its initial delivery to the buyer, such accessories must be packaged in their original packages and returned without any damages thereto.
If the product is not fit for returning as it has lost its intended use and/or if the product to be returned is not for reselling, such products may not be returned either.
The specific products prepared and produced for special days such as Christmas, Valentine, Mother’s / Father’s Day may not be returned.
Once you have received your product from commonleisureweb.com, please make sure the product is aligned with all conditions, terms and our return policies above. If the product return is accepted, then the price of the returned product shall be refunded using the original payment method of the buyer. If the returned product does not satisfy the conditions of return policy, the product shall be delivered back to the same address without making any extra payment.
If the product return is completed and processes, you will be notified by e-mail. The product price shall be refunded using the original payment method. If the payment is made via bank wire transfer, the product price shall be refunded to account IBAN which you specified on the return form. If the payment is made via credit card, the refund shall be transferred to the credit card. The period in which such refund will appear in your bank statement may vary depending on the bank. If the refund takes longer than you expect, please make sure you contact with your bank.
Without showing any reason whatsoever, you may replace any product which you order from commonleisureweb.com and Common Leisure Showroom within 14 days of delivery by submitting an exchange notification. The product which will be replaced by return should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
To ensure replacement of the product, you may e-mail to firstname.lastname@example.org, and notify us about the product which you wish to replace.
Please clearly specify the replacement request on the return form and also make sure you specify which product and colors you wish to replace.
Once your request has been received by us together with the product you wish to replace, the product shall be checked and, if approved, be replaced with the product you want without additional charges if it is available in the stock. In case of price difference between the returned product and the product to be replaced, such price difference shall be borne by the consumer. If the product is not available in stocks, the refunding shall be ensured using the same payment method described in the return policy.
Customers can replace any product they wish.