Distance Selling Agreement
ARTICLE 1 – PARTIES
TITLE: Siya Tekstil/ Simay Taner
ADDRESS: Hekimata cad. No:51 Emirgan Sarıyer/İstanbul
ARTICLE 2 – SUBJECT
The subject of this Agreement is the Official Official Agreement dated 27.11.2014 regarding the sale and delivery of the product(s) that the CUSTOMER ordered electronically from the website c-ya.co and whose code, name, quantity and sales price are specified in the invoice in Article 3. It is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation published in the newspaper.
ARTICLE 3 – DETERMINATION OF ISSUES RELATING TO THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT
The basic features of the goods or services are available at c-ya.co. It is the sales price listed for the products and announced on the site. Announced prices and campaigns will remain valid until updated or changed. Prices announced periodically will be valid until the end of the specified period. All taxes of the goods or services subject to the contract are included in the sales price and published on the site.
3.2 DELIVERY METHOD AND PLAN
Delivery address :
Person to be delivered:
Billing Information :
Once the ordered product or products are supplied by C-ya, the shipment will begin within 3-5 business days, depending on the category. Shipping is free for all orders placed on the website and the shipping fee will be paid by the SELLER. Cargo Return Fee belongs to the BUYER.
3.3 DELAY INTEREST
Payment for the purchased products will be made in cash or by credit card. For this reason, no delay interest is applied by the SELLER.
ARTICLE 4 – GENERAL PROVISIONS
4.1. On the C-ya.co website, you can read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method including all taxes, delivery and the fact that its expenses will be covered by the BUYER, the period in which the delivery will be made, and the full commercial name, full address and contact information of the SELLER. He declares that he has accurate and complete information and that he has given the necessary confirmation electronically.
4.2. The product or service subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s residence for each product, provided that it does not exceed the legal period of 15 days. The shipping fee for the delivery shown in Article 3 will be covered by the SELLER and will not be reflected in the BUYER’s invoice for the order under the name “Shipment Fee” and is included in the product price.
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 the ordered product not being delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER will bear any damages arising from the BUYER’s late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER.
4.5. In case the payment for the service(s) subject to the contract is made by the BUYER by credit card, any legal risk that may arise from the difference between the BUYER and the credit card owner or the person to whom the service will be provided, including the unfair and unlawful use of the credit card by unauthorized persons, It belongs to the BUYER. BUYER accepts and undertakes that he/she will not make any claims against SELLER in case he/she suffers any damage in the mentioned cases.
4.6. If a repair is requested for the product, the periods specified in the Consumer Law and relevant regulations apply.
4.7. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.
4.8. If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of his rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be refunded within 10 days according to the payment method in the order.
4.9. The delivery of a collected order reserves the right to change the intermediary cargo company for end users without any notice, unless there is a temporary disruption.
4.10. After the delivery of the product, due to the unfair or unlawful use of the BUYER’s credit card, bank card, debit card and/or other payment systems offered on the Website by unauthorized persons, which is not due to the BUYER’s fault, the relevant bank or financial institution charges the product price to the SELLER. In case of failure to pay, the BUYER is obliged to return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs belong to the BUYER.
4.11. Once the package is received, it is deemed that the delivery company has fulfilled its duty properly. Therefore, packages found to be damaged during delivery should not be accepted and a report should be kept.
ARTICLE 5- PAYMENT RETURN PROCEDURE
5.1. In cases where the BUYER exercises its right of withdrawal or the product subject to the order cannot be supplied for various reasons or in cases where a refund is decided to the BUYER by the decisions of the arbitration committee, the SELLER will pay the entire amount collected by credit card, debit card and/or debit card and the amount offered on the Website. For payments made via other payment systems, the product amount is returned to the relevant bank within 14 (Fourteen) days after the order is canceled by the BUYER. Regardless of the number of installments in which the BUYER purchased the product, the bank refunds the payment to the BUYER’s credit cards in the same number of installments. The reflection of this amount to the BUYER’s accounts after it is returned to the bank is entirely related to the banks’ process, and it is not possible for the SELLER to intervene in this matter in any way.
5.2. Products that are requested to be returned or exchanged should be placed in a separate package/parcel and sent back in a way that they will not be damaged in shipping. Damage that may occur on the original boxes of the products and the cargo attached to them, etc. Since the labels impair the originality and therefore the resalability of the products, returns or exchanges will not be possible.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. Consumer; In distance contracts for the sale of goods, the customer has the right to withdraw from the contract by rejecting the goods within 14 days from the date of receipt, without assuming any legal or criminal liability and without giving any reason. However, some products on sale on our website are sewn to order and returns are not accepted for these dresses. This statement is clearly stated on the detail pages of the relevant products. In distance contracts for service provision, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be carried out before the 14-day period expires, the Customer may exercise his right of withdrawal until the date on which the performance begins. Expenses arising from the exercise of the right of withdrawal belong to the BUYER if the product is sent by the cargo company with which the SELLER has a contract.
6.2. In order to exercise the right of withdrawal, the SELLER must be notified via fax, telephone or e-mail specified in Article 1 of this Agreement within 14 days and the product must not be used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must not have been used within the framework of the provisions of Article 6 contained in the distance sales contract. If the returned product is returned with the SELLER’s contracted carrier or any cargo company, the return shipping costs will be covered by the SELLER.
6.3. Products to be returned within 14 days must be delivered complete and undamaged, including their box and packaging. The product price will be refunded to the Customer within 14 days following the receipt of these documents by the Seller.
6.4. If this right is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product delivered to the third party or the BUYER was sent to the SELLER and the original invoice. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
ARTICLE 7 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires.
ARTICLE 8 – COMPETENT COURT
In case of disputes arising from the implementation of this Agreement, Turkish Law applies and Istanbul (Central) Courts and Enforcement Offices are authorized.
This Agreement has been read, accepted and confirmed by the parties electronically. For matters not regulated in this Agreement, the provisions of Law No. 6502 on Consumer Protection and relevant legislation apply. If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.
SELLER: Siya Tekstil / Simay Taner