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.
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.
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.