Distance Sales Contract
DISTANCE SALES CONTRACT
DISTANCE SALES CONTRACT
ARTICLE 1 - SUBJECT OF THE AGREEMENT AND PARTIES
1.1. This contract determines the rights, laws and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale of products and services made by the BUYER through the website www.nu.com.tr (hereinafter referred to as the WEBSITE) operated by the SELLER, the detailed information of which is given below, and the sending of the products to the delivery address.
1.2. The BUYER acknowledges and declares that it has been informed of the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions, all preliminary information regarding the goods or services subject to sale, and the right of "withdrawal"; that it has confirmed this preliminary information electronically and subsequently ordered the goods or services, in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the www.nu.com.tr website are integral parts of this contract.
1.3. SELLER INFORMATION
Title: NU TEXTILE AND CONFECTION PRODUCTS INC.
Address: AKGULLU STREET NO7 CAGLAYAN ISTANBUL
Phone: 0212 3204892
Fax: 0212 320 6692
Email: info@nu.com.tr
1.4. BUYER INFORMATION
Buyer information will be available on the payment page.
ARTICLE 2 - HISTORY OF THE CONTRACT
2.1. This contract has been concluded by the parties on the date the BUYER's order was completed on the website and a copy of the contract has been sent to the BUYER's e-mail address.
ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO THE CONTRACT
3.1. Details of the products and services ordered by the BUYER, including their cash sales amounts and quantity, are listed below. All products listed in the table below are hereinafter referred to as PRODUCTS.
ARTICLE 4 - DELIVERY OF PRODUCTS
4.1. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address specified, packaged and intact, together with its invoice, within 30 days at the latest. In cases of necessity, this period may be extended.
4.2. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the PRODUCT is to be delivered does not accept the delivery.
4.3. The BUYER is responsible for checking the PRODUCT upon receipt and, if he/she detects a problem with the PRODUCT caused by the cargo, not accepting the PRODUCT and having a report drawn up by the CARGO company representative. Otherwise, the SELLER will not accept any liability.
ARTICLE 5 - PAYMENT METHOD
5.1. BUYER acknowledges, declares, and undertakes that, because deferred sales are made only with credit cards issued by banks, the Buyer will separately confirm the relevant interest rates and default interest information with its bank. The provisions regarding interest and default interest will apply within the scope of the credit card agreement between the Bank and the Buyer in accordance with the provisions of applicable legislation. Deferred/installment payment options provided by institutions that issue credit cards, installment cards, etc., such as banks and financial institutions, constitute a loan and/or an installment payment facility provided directly by the said institution. PRODUCT sales made within this framework, for which the SELLER collects the full price, are not considered installment sales for the parties to this Agreement; they are considered cash sales. SELLER's legal rights in cases legally considered installment sales (including the right to terminate the agreement if any installment is not paid and/or to demand payment of the entire remaining debt, including default interest) are reserved. In case of default by the BUYER, a default interest of 5% per month will be applied.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER accepts that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products shown on the website and has given the necessary confirmation for the sale in electronic environment.
6.2. By confirming this contract electronically, the BUYER confirms that he has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the Consumer by the Seller before the conclusion of distance contracts, accurately and completely.
6.3. The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
6.4. The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract.
6.5. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.
6.6. For the delivery of the contracted product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
6.7. If, for any reason after delivery of the PRODUCT, the bank/financial institution to which the credit card was issued does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses being borne by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to pursue the PRODUCT price.
6.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) outside of normal sales conditions, and the delay exceeds 10 days, the SELLER will notify the BUYER regarding delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary situation is resolved. In case of order cancellations, if the PRODUCT fee has been collected, it will be refunded to the BUYER within 14 days of the cancellation. For credit card payments, the refund will be made by returning the product to the BUYER's credit card.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. The SELLER undertakes that the BUYER has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and that the BUYER will take back the goods as of the date the notice of withdrawal reaches the SELLER or the product provider.
7.2. To exercise the right of withdrawal, written notice must be given to the SELLER within this period. In the event of exercising this right, a copy of the cargo delivery report certifying that the PRODUCT delivered to a third party or the BUYER was sent to the SELLER, along with the original invoice, must be returned. The PRODUCT price will be refunded to the BUYER within 14 days following receipt of these documents. For credit card payments, the refund will be made by returning the product to the BUYER's credit card.
7.3. In accordance with tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
7.4. In case of PRODUCT that is produced in accordance with the BUYER's special requests and demands or that has been personalized by making changes or additions or that cannot be returned due to its nature, or that has the possibility of deteriorating rapidly or expiring, the BUYER cannot use the right of withdrawal.
7.5 After the BUYER places the order, the BUYER reserves the right to cancel the order during the period when the shipment is not processed.
ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. Products that cannot be returned due to their nature; Products that have been prepared in line with the wishes of the Consumer or clearly in line with his/her personal needs, whose nature has changed or have been modified.
8.2. The return of the following products is subject to the condition that the packaging of the product is unopened, undamaged, unused, untested and the label has not been removed.
ARTICLE 9 - EVIDENCE AGREEMENT AND JURISDICTION
9.1. In resolving any dispute that may arise from this Agreement and/or its implementation, the SELLER's records (including records in magnetic media such as computer-voice recordings) shall constitute definitive evidence; Consumer Arbitration Committees shall have jurisdiction up to the value declared by the Ministry of Industry and Trade, and in cases exceeding this, the Consumer Courts and Enforcement Offices at the BUYER's and SELLER's place of residence shall have jurisdiction.
9.2. The BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Agreement and the order form that forms an integral part of it, and that he/she has received, reviewed and accepted all the sales conditions and all other preliminary information.