DISTANCE SALES CONTRACT

 

ARTICLE 1 – PARTIES

 

1.1 – SELLER 

Title: ERMİ TEKSTİL TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ 

Address: Mehmet Nesih Özmen Mahallesi Çam Sokak No: 14 Merter - Güngören / Istanbul 

Phone: 0212 481 74 51 

 

1.2 – BUYER 

The person who is a member of the shopping site www.camelyafashion.com as a customer. The address and contact information used during registration are taken as the basis.

 

ARTICLE 2 – SUBJECT 

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are stated below, which the BUYER has ordered electronically from the website www.camelyafashion.com belonging to the SELLER.

 

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT 

The type, quantity, brand/model, color, number, sales price, payment method, and information at the time the order is finalized.

 

ARTICLE 4 – GENERAL PROVISIONS 

4.1 The BUYER declares that they have read and are informed about the basic qualities of the product subject to the contract, the sales price including all taxes, and the payment method, as well as the preliminary information about delivery and its costs to be borne by the BUYER, the delivery time, and the full commercial title, clear address, and contact information of the SELLER on the website www.camelyafashion.com, and has given the necessary confirmation in the electronic environment. By confirming this contract electronically, the BUYER confirms that they have received the address, basic features of the ordered products, including the prices with taxes, and payment and delivery information required to be given to the Consumer by the Seller prior to the conclusion of distance contracts, correctly and completely.

 

4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period for each product. Any shipping fee related to delivery as shown in Article 3 shall be borne by the BUYER and will be reflected in the invoice as “Shipping Fee” related to the order.

 

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

 

4.4 The SELLER cannot be held responsible for any problems encountered by the shipping company during the delivery of the product to the BUYER, causing the ordered product not to be delivered to the BUYER.

 

4.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals if any.

 

4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the fulfillment period of the contractual performance obligation expires, provided there is a justified reason.

 

4.7 If the SELLER cannot fulfill the contractual obligations of the product or service subject to the order due to the impossibility of fulfilling the order, the SELLER shall notify the consumer of this situation before the expiration of the fulfillment period arising from the contract and may supply the BUYER with a different product of equal quality and price.

 

4.8 For the delivery of the product subject to the contract, this contract must be electronically signed by the BUYER and the price must be paid by the BUYER's preferred payment method. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

 

4.9 The BUYER accepts and undertakes that the credit card information defined in the system during the shopping is correct and that they are legally and criminally liable for any legal responsibilities that may arise from the use of this credit card. If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons not due to the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that the product has been delivered to the BUYER. In such cases, the shipping costs are borne by the BUYER. If the BUYER does not return the product, the product price will be transferred to the SELLER's bank accounts without any further notice, in cases where the product price is not collected from the credit card for any reason or the product price is refunded to the credit card.

 

4.10 If the SELLER cannot deliver the product subject to the contract on time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER of this situation. In such cases, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its equivalent, and/or postpone the delivery period until the blocking situation is eliminated. In case the BUYER cancels the order, the amount paid will be returned to them within 14 days in cash and in full.

 

4.11 The validity conditions of the points given to the customer by the SELLER through a campaign are determined by the SELLER.

 

If the BUYER makes a payment by credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. After the amount is refunded to the bank, the reflection of this amount in the BUYER's accounts is completely related to the bank transaction process. The BUYER accepts in advance that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL 

The BUYER has the right to withdraw from the contract without giving any reason within 14 days from the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated.

 However, the return of products prepared specifically for the BUYER for special days such as New Year's, holidays, Mother's Day, etc., and products offered for sale and/or imported for these special days, campaign and promotional products cannot be accepted. The BUYER accepts these conditions while making a purchase.

 To use the right of withdrawal, a notification must be made to the SELLER by fax or email within 14 days. In case this right is used,

 

a) The invoice of the product delivered to the third 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 when returning the product. Order returns whose invoices are issued in the name of the institutions cannot be completed without issuing a RETURN INVOICE)

b) Return form, 

c) The products to be returned within 10 days from the date of the notification regarding the use of the right of withdrawal must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any, to the SELLER or the person authorized by the SELLER.

 


The shipping cost of the returned product due to the right of withdrawal shall be borne by the BUYER. The SELLER does not refund the shipping fee charged from the BUYER while selling the product.

 

When returning the product to the SELLER, the original invoice submitted to the BUYER at the time of delivery of the product must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER with the product or at the latest within 5 days from the return of the product, the return process will not be completed, and the product will be sent back to the BUYER as a collect shipment. The phrase “return invoice” will be written on the invoice to be returned with the product and signed by the BUYER.

 

ARTICLE 6 – DEFAULT OF THE DEBTOR 

In case of default by the BUYER, the BUYER agrees to compensate the SELLER for the damages and losses incurred due to the delayed performance of the debt. If the BUYER's default is caused by the SELLER's fault, the BUYER shall not be liable for any damages.

 

ARTICLE 7 – COMPETENT COURT 

In the implementation of this Distance Sales Contract, the Consumer Arbitration Committees and Consumer Courts at the place where the BUYER purchases the goods or services and where the residence is located are authorized up to the value announced by the Ministry of Customs and Trade.

 

Please Note: Before signing the cargo receipt, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo authority without signing any documents related to delivery and request a report. Your new products will be sent to you immediately by us. Camelya Fashion is not responsible for any damage or deficiency of the products in case of receiving damaged products.