distance sales agreement
DISTANCE SALES AGREEMENT
Article 1- Parties
1.1. Seller Name: UNIQ MODA TASARIM A.Ş. Address: 418 Broadway, SUITE 7308
Albany, NY 12207 Email: info@deuniq.com
1.2. Buyer Name and Surname/ID No: Address: Phone: E-mail:
Article 2- Subject
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website www.deuniq.com.
The BUYER acknowledges and declares under the provisions of this agreement that they have been clearly, understandably, and appropriately informed by the SELLER on the internet about the SELLER's name, title, full address, telephone and other contact information, the basic characteristics of the product subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, all preliminary information regarding the product subject to sale, the use of the "right of withdrawal" and how to exercise this right, the official authorities to whom they can submit their complaints and objections, etc., that they have confirmed this preliminary information electronically, and that they subsequently placed the order for the goods.
The preliminary information on www.deuniq.com and the invoice issued upon the order given by the BUYER are integral parts of this agreement.
Article 3- Product/Payment/Delivery Information Subject to the Agreement
The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product/products received electronically are as specified below. The person to be invoiced and the contracting party must be the same person. The information below must be accurate and complete. The BUYER accepts to fully cover the damages arising from incorrect or incomplete information and also accepts all responsibilities that may arise from this situation.
The SELLER reserves the right to stop the order if the information provided by the BUYER does not reflect the truth in cases deemed necessary by the SELLER. If the SELLER cannot reach the BUYER through the telephone, e-mail, and postal addresses provided by the BUYER in cases where a problem is detected in the order, the SELLER suspends the execution of the order for a period of 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter within this period. If no response is received from the BUYER within this period, the SELLER cancels the order to prevent damage to both parties.
Received Product/Products Name, code: … unit(s) Total Sales Price: …. -TL Payment Method: Credit Card/Bank Transfer (EFT) Recipient: Phone Number: Delivery Address: Invoice To (Person/Institution): Invoice Address: Tax Office: Tax Registration Number: Shipping Fee: … -TL
Article 4- Agreement Date and Force Majeure
The agreement date is the date ../../…. when the order was placed by the buyer.
Situations that do not exist or are not foreseen at the date of the agreement, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or fully fulfill their debts and responsibilities under the agreement or to fulfill them on time shall be considered force majeure (natural disaster, war, terrorism, riot, changes in legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in whose person the force majeure occurs shall immediately notify the other party in writing of the situation.
The parties shall not have any liability for their inability to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to unilaterally terminate the agreement.
Article 5- Rights and Obligations of the Seller
5.1. The SELLER accepts and undertakes to fully fulfill the obligations imposed on it by the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop from the "www.deuniq.com" website. The SELLER will assume that the age stated by the BUYER in the agreement is correct. However, the SELLER cannot be held responsible in any way due to the BUYER's incorrect statement of age.
5.3. "www.deuniq.com" is not responsible for price errors resulting from system malfunctions. Accordingly, the SELLER is not responsible for promotional or price errors that may occur due to system or design errors on the website or illegal interventions that may be made to the website. The BUYER cannot make any claims against the SELLER based on system errors.
5.4. Shopping on "www.deuniq.com" can be done with a credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which payment has not been made by bank transfer within one week from the order date will be canceled. The processing time for orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or when the bank transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal checks made without contacting customer service are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The BUYER accepts and undertakes to fully fulfill the obligations imposed on them by the agreement, except in cases of force majeure. 6.2. By placing an order, the BUYER is deemed to have accepted the provisions of this agreement and accepts and undertakes to make payment in accordance with the payment method specified in the agreement. 6.3. The BUYER acknowledges and declares that they have been clearly, understandably, and appropriately informed on the internet about the SELLER's name, title, full address, telephone and other contact information, the basic characteristics of the product subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, all preliminary information regarding the product subject to sale, the use of the "right of withdrawal" and how to exercise this right, the official authorities to whom they can submit their complaints and objections, etc., and that they have confirmed this preliminary information electronically from the "www.deuniq.com" website. 6.4. Depending on the previous article, the BUYER declares that they have read and are informed about the "www.deuniq.com" order/payment/usage procedure information, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings, and that they have given the necessary electronic confirmation. 6.5. If the BUYER wishes to return the product they have received, they accept and undertake not to damage the product and its packaging in any way, and to return the original invoice and dispatch note at the time of return.
Article 7- Order/Payment Procedure
Order After the TL amount including VAT of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the buyer, it is processed through the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made before the order confirmation e-mail is sent.
Any disruption in the process or problems that may arise with the credit card are notified to the buyer using one or more of the telephone/fax/e-mail addresses specified in the agreement. If necessary, the buyer may be asked to contact their bank. The processing time for orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or when the bank transfer (EFT) reaches the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or if a stock problem is encountered, the buyer may be immediately and clearly informed, and if the buyer gives their approval, another good of equal quality and price may be sent to the buyer, or another new product may be sent according to the buyer's request and choice, or the product may be expected to be in stock or the other obstacle to delivery may be eliminated, and/or the order may be canceled.
In cases where the fulfillment of the delivery obligation of the goods subject to the contract becomes impossible, the buyer is informed of this situation, and the total price paid and any documents that put them in debt, if any, are returned to the buyer within ten days at the latest, and the contract is canceled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.
Payment On www.deuniq.com, cash transfer order options are offered to buyers who do not want to use their credit card information in the online environment. For payment by bank transfer, the buyer can choose the bank that suits them best and make the transfer. If EFT has been made, the date the money is credited to the account will be taken into account. When making a bank transfer and/or EFT, it is necessary for the "Sender Information" to be the same as the "Invoice Information" and for the order number to be written.
If, after the delivery of the product, the bank or financial institution concerned does not pay the price of the product to the Seller because the Buyer's credit card has been used unfairly or unlawfully by unauthorized persons in a way that is not due to the Buyer's fault, the Buyer is obliged to send the delivered product to the Seller within 10 days. In such cases, shipping costs belong to the Buyer.
If the Buyer has chosen to pay by credit card, 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 provisions of the current legislation.
Article 8- Shipment/Delivery Procedure
Shipment With the sending of the order confirmation e-mail, the product/products are given to the contracted shipping company of the seller.
Delivery The product/products will be delivered to the buyer's address by the seller's contracted shipping company. The delivery period is 30 days from the sending of the order confirmation e-mail and the establishment of the agreement. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or via a permanent data carrier beforehand.
Products are sent to regions where cargo companies do not make address delivery with telephone notification.
In regions where the Cargo Company delivers once a week, there may be delays beyond the specified period in cases of incorrect or incomplete shipping information, certain social events, and natural disasters. The buyer cannot hold the seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for the extra shipping costs that may arise from the recipient's/organization's failure to accept the delivery, incorrect shipping information, and/or the Buyer not being at the address. If the product/products do not reach the customer within the specified days, delivery problems must be immediately reported to customer service using the e-mail address "info@deuniq.com".
In case of damaged package: Damaged packages should not be accepted and a report should be kept by the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there and have it checked that the products have been delivered undamaged, and to request that the situation be determined with a report. Once the package has been received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package has not been accepted and a report has been kept, the situation should be reported to the seller's Customer Service as soon as possible with the copy of the report remaining with the Buyer.
Article 9- Product Return and Right of Withdrawal Procedure
The buyer has the right to withdraw from the contract within fourteen days after receiving the goods without giving any reason and without paying any penalty. In accordance with the general communique No. 385 of the tax procedure law, in order for the return process to be carried out, the buyer must fully and correctly fill in and sign the return sections at the bottom of the 2 copies of the invoice belonging to the seller delivered with the goods, send one copy to the seller with the product, and keep the other copy. The withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be borne by the buyer.
The right of withdrawal does not apply to goods prepared in accordance with the buyer's wishes and/or clearly for their personal needs.
If the buyer exercises their right of withdrawal, the seller will return the total price received and any documents that put the consumer in debt, if any, to the consumer without any cost within ten days at the latest from the receipt of the invoice containing the withdrawal notification together with the product.
The decrease in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the consumer must compensate the seller for the value of the goods or the decrease in their value.
The general return period for any mistakenly received product is also 14 days. Within this period, the return of products whose packaging has been opened, used, destroyed, etc., is not accepted. Returns must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use, etc., is detected in the mistakenly received product and its packaging, and if the product cannot be returned in the condition it was in when it was delivered to the buyer, the product will not be taken back and the price will not be refunded.
For product returns, the situation must first be communicated to customer service. The information about the product being sent for return is communicated to the customer by the seller. After this contact, the buyer must deliver the product to the seller via the Cargo company that made the delivery to the buyer's address, along with the invoice containing the return information. If the returned product reaching the seller meets the conditions specified in this agreement, it is accepted as a return, and the refund is made to the buyer's credit card/account. No refund is made before the product is returned. The time it takes for refunds made to credit cards to reflect in credit card accounts is at the discretion of the relevant bank.
If the shopping was done with a credit card and in installments, the credit card refund procedure will be as follows: If the buyer has requested to purchase the product in how many installments, the Bank makes the refund to the buyer in installments. After the seller pays the full price of the product to the bank at once, in case of refunds to the buyer's credit card for installment transactions made from Bank POS machines, the refund amounts requested are transferred by the Bank to the account holder in installments again, so that the parties involved are not victimized. The installment amounts paid by the buyer up to the cancellation of the sale will each be reflected on the card as 1 (one) refund per month if the refund date and the card's statement date do not coincide. The buyer will receive the number of installments they paid before the refund for the same number of months after the sales installments are finished, and these amounts will be deducted from their existing debts.
In case of the return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the agreement made with the Bank. The member business, i.e., the seller, will make the refund through the relevant software when a refund transaction occurs, and since the member business, i.e., the seller, is obliged to pay the relevant amount to the Bank in cash or by offsetting, cash payment cannot be made to the buyer as per the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer pays the price to the Bank at once.
Article 10- Confidentiality
The information specified by the buyer in this agreement and the information provided to the seller for payment purposes will not be shared by the seller with third parties. The seller can only disclose this information within the framework of the existence of administrative/legal obligations. Within the scope of any judicial investigation with documented research authority, the seller may provide the requested information to the relevant authority if it is in their possession.
Credit card information is never stored; credit card information is securely transmitted only to the relevant banks during the collection process for the purpose of obtaining authorization and is deleted from the system after authorization. Information such as the buyer's e-mail address, postal address, and telephone number is used by the seller only for standard product delivery and information procedures. Campaign information, information about new products, and promotional information may be sent to the buyer with their consent during certain periods.
Article 11- Authorized Court and Enforcement Offices in Case of Dispute
In case of disputes arising from the implementation of this agreement, Consumer Arbitration Committees up to the value announced annually in December by the Ministry of Industry and Trade and Consumer Courts in the seller's place of residence are authorized.
In case of order fulfillment, the Buyer is deemed to have accepted all the conditions of this agreement. …/…/…