Distance Sales Agreement

DISTANCE SALES AGREEMENT

 This Agreement regulates the rights and obligations of the parties regarding the sale/delivery of the following products/services (“Product/Products”) that the BUYER wants to purchase by placing an order on the electronic commerce website of the SELLER’s www.poshet.com.tr and other issues, including the cases where the BUYER makes transactions with the application on his mobile device (with order methods such as Instagram, Whatsapp and phone). After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected by the payment method chosen.

ARTICLE 1- PARTIES 

ARTICLE 2- PAYMENT AND DELIVERY OF THE PRODUCT SUBJECT TO THE CONTRACT  

The subject of this contract is the sale and delivery of the Product/s ordered by the BUYER electronically from the POSHET BENER HAMAMCI website of the SELLER, the nature and sales price of which are specified below.

The type and type, number, model, color of the Product/s subject to the contract, the sales price of the product/s including all taxes, the total product price and the Delivery Information, including the Payment (collection) Information and the delivery place notified by the BUYER, are stated below.

2.1 Each product subject to the contract is delivered to the BUYER or to the real person/legal entity at the address indicated by the BUYER within the period specified in the explanations made on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 7-day period.

2.2 In the event that there is no one to receive at the address, it is the responsibility of the Consumer to contact the cargo company and follow up and ensure the shipment of the products. 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 for the acceptance or non-acceptance of the delivery by the person/organization to be delivered.

In these cases, any damages arising from the late receipt of the Product by the Consumer and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to the SELLER belong to the Consumer.

2.3 If the cargo company that will make the delivery does not have a branch in the BUYER’s location, the BUYER must receive it from another nearby branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made by e-mail/mail, SMS or telephone).

2.4 If the Payment Method is selected at the door, the cargo service fee will not be collected. The cargo service fee will be paid by the BUYER at the time of delivery of the order.

2.5 When you place your order with the Payment at the Door Method on the Website, Instagram and WhatsApp, it is obligatory to receive the purchased products from the relevant branch of the cargo company. Packages that are not received and returned are kept by the SELLER to be sent back to the customer by adding the shipping cost.

2.6 If the products are not received, the sales contract, phone call records for approval and the address declared by the buyer, the computer used during the order, mobile phone using the location address (IMEI/IP/MAC Address) as evidence; Due to abuse of the opportunity to shop with payment at the door, unnecessary use of suppliers, cargo and packaging personnel and loss of workforce; Legal action is initiated to compensate all of the shipping costs and operating costs by legal means.

2.7 The BUYER agrees and declares to pay the SELLER in advance the compensation fee at the rate of 60% of each product(s) that he purchases with payment at the door and causes damage to the company by not receiving it, and the shipping cost (although the shipping cost varies according to the transportation tariff determined by the cargo company at the time the product is purchased).

2.8 For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid. If, for any reason, the price of the product/s is not paid or canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.

2.9 In the event that 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 after the delivery of the product, not due to the BUYER’s fault, if the product has been delivered to the BUYER, the product will be sent to the SELLER within 3 days, including the cargo service fee. Otherwise, the SELLER will take legal action.

2.10 If the SELLER cannot deliver the product subject to the contract within the time limit due to extraordinary circumstances such as weather opposition, road closures, interruption of transportation, epidemic that prevent the delivery of the cargo, and in cases that can be considered force majeure as required by law, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order or to postpone the delivery time until the obstacle is eliminated. If the BUYER cancels the order, the amount paid will be paid to him in cash and in full within 10 days. 

ARTICLE 3- MATTERS TO WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The BUYER declares that he/she has been informed and has given the necessary confirmation electronically by seeing and examining all the general/private explanations on the relevant pages/parts of the WEBSITE before the acceptance and establishment of this Agreement by the BUYER on the POSHET WEBSITE and before it is under the obligation to order and pay.

 3.1 The title and contact information of the SELLER and current introductory information,

3.2 Appropriate tools/methods for the correction of incorrectly entered information and the stages of the sales process during the purchase of the product/products from the WEBSITE,

3.3 The confidentiality, data use/processing applicable to the BUYER’s information applied by the SELLER and the electronic communication rules to the BUYER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for the use of the rights of the parties,

3.4 Shipping restrictions stipulated by the SELLER for the products,

3.5 The payment methods/means accepted by the SELLER for the Product/s subject to the contract and the basic features-features of the Products, the total price of the Products including taxes (the total price to be paid by the BUYER to the SELLER, including the relevant costs),

3.6 Information on the procedures for the delivery of the Products to the BUYER and the delivery/shipping costs,

3.7 Other payment/collection and delivery information related to the product/s and information on the performance of the Contract, commitments and responsibilities of the parties in these matters,

3.8 Products for which the BUYER does not have the right of withdrawal,

3.9 In cases where the BUYER has the right of withdrawal, the BUYER will lose the right of withdrawal if the right is not exercised in due time with the conditions, duration and procedure of exercising this right,

3.10 In the event that the Product undergoes a change due to the fact that the Product is not used in accordance with the instructions for use or features within the withdrawal period, the BUYER’s withdrawal request may not be accepted and will be liable to the SELLER in any case, and in cases where the SELLER accepts, it may collect an amount that it deems appropriate according to the said change with a deduction (deduction) from the repayment to be made to the BUYER,

3.11 In cases where there is a right of withdrawal, how the products can be returned to the SELLER and all related financial issues (return ways, costs and refund of the product price and free products provided by the BUYER during the return, free products in campaign sales, other free/discounted opportunities, etc.)  including discounts and deductions that can be made to the BUYER without reimbursement, and additional collections from the BUYER depending on the situation if it is not sufficient),

3.12 If the BUYER is a legal person, he/she cannot use “consumer rights”, especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),

3.13 According to its nature, since this Agreement is sent to the BUYER by e-mail after it is approved and established by the BUYER on the WEBSITE, it can be kept and accessed by the BUYER for the desired period of time, and the SELLER can keep it for three years,

3.14 Transactions-practices on privacy, personal data and electronic communications,

3.15 In case of disputes, the BUYER can convey his complaints to the SELLER and make his legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.

ARTICLE 4- RIGHT OF WITHDRAWAL AND RETURN

4.1 The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. Regardless of the run, shipping fees and service fees are not refundable as they are the service fee charged. Refunds are made within (14 days) to the card processed on the website or to the iban account that is the same as the declared invoice name. The products must be unused and undeformed.

The Right of Withdrawal cannot be exercised by law in the following cases.

• The cargo packaging has been opened;
• The product’s protective gelatin has been removed
• Their labels have been removed or removed; In such cases, the right of withdrawal cannot be exercised.

4.2 In cases where the BUYER has the right to return, it is sufficient for the BUYER to direct a clear notification to the SELLER (verbally/in writing to the above-mentioned contact addresses) within the legal 14-day period that the BUYER has exercised his right of withdrawal. In the event that the said right is exercised within the time limit, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the expense / shipping cost of the BUYER.

4.3 However, by law, there is no right of withdrawal and return in contracts for the following goods, even if they have not been used/used: a) Cosmetics, underwear products, etc., which cannot be changed due to their nature. Disposable products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene b) products that are mixed with other products after delivery and cannot be separated due to their nature c) All kinds of intangible products delivered to the consumer instantly d) In general, other products that are accepted outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial/professional purposes. e) Accessories (shawls, bags, belts) etc. products cannot be returned or exchanged.

4.4 In cases where it is possible to use the right of return/exchange, the BUYER is responsible for the changes and deteriorations that occur if he does not use the product in accordance with the instructions for use within the period specified in the contract. Accordingly, if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use in the period until the date of Return/Exchange, the BUYER has the right to Return/Exchange; In cases where it is accepted by the SELLER, a deductible discount is made from the price of the Product to be returned, which may be lost as much as the change/deterioration.

4.5 If the BUYER has a reasonable reason within three (3) days from the date of receipt of the product, he has directed the SELLER that he wants to make an exchange (verbally/in writing to the above-mentioned contact addresses), delivers the product through the same cargo company as he received it, and the product is delivered by 3. It must not have been used within the framework of the provisions of the article.

In the event that the said right is exercised, it is obligatory to send the original text and invoice containing the reason for the return of the Product, its signature, name and surname, and the original invoice to the above address of the SELLER within a maximum of ten (10) days, at the expense / shipping cost of the BUYER. If the original invoice is not sent, VAT and all fees, if any, and other legal obligations cannot be refunded. In the exchange/return process, the product must be delivered complete and undamaged with its box/packaging.

4.6 However, the right of exchange/return cannot be used for products with the following features; The product has been used (it has been determined that it has been worn or that the product has a smell of perfume, etc.); The product has been deformed due to reasons such as user use/non-compliance with the instructions for use; The label has been removed, If there is any on the product, it is missing such as accessories, etc., Lack of invoices, receipts, etc. documents belonging to the product, Exchange in Discount/Campaign/Outlet products – RETURN  He does not have the right. The original protection packaging of the product as sent by the company must be returned as it was sent in its box, otherwise it will not be accepted because the return conditions are not met.

4.7 The right to return/exchange starts after the product is received by the BUYER or a person/organization other than the BUYER. After the order is received and invoiced by the cargo company, cancellation cannot be made. For the cancellation of the order, the cargo departure and arrival fees can be paid to the SELLER for the orders that are scanned by the cargo company and the cargo number is prepared.

4.8 The BUYER is obliged to send and deliver the exchange process to the seller, provided that it is completed within a maximum of seven (14) days.

In addition, in accordance with the tax legislation, in addition to the cases where a Return Invoice must be issued by the BUYER by law, the section related to the return will be filled and signed on the invoice to be returned with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued). ”

In exchange transactions, the copy on the back of the invoice must be filled in and signed completely and delivered to the SELLER with the product (Order changes will not be accepted if incomplete information and invoice are not sent).

4.9  The shipping cost of the product sent back due to return/exchange is borne by the BUYER. However, the BUYER may request a discount code from the cargo company. In accordance with the agreement with the cargo company, the SELLER can give a discount code by taking advantage of his own campaign fee. The BUYER can send it with the discount code given by the SELLER with the BUYER payment. If there is a fee and additional service fee by the cargo company, this amount is deducted from the product price and returned to the BUYER’s account.

4.10 Refunds are made to the account specified by the BUYER above within 14 days, and to the account number to be notified by the BUYER for orders made by the payment method at the door. Fees such as payment at the door, cargo service fee, bank commissions are not returned to the BUYER as they are in return for the service provided.

4.11 The address to which the product will be returned, the SELLER address, the cargo company delivered for the return address.” Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notification to the SELLER, the price of the Product and the delivery costs of the Product to the BUYER, if any, are returned to the BUYER in accordance with the payment instrument used when purchasing the Product. The refund of the product/s purchased with the payment method at the door will be made to the account to be notified by the BUYER within a maximum of fourteen (14) days. If a refund is to be made to the BUYER, the shipping fee (arrival and departure), payment at the door and bank commission are deducted and paid.

4.12 The BUYER’s legal rights-responsibilities regarding the Products after the withdrawal period, rights and obligations, including contractual and legal collection-set-off rights, are also present and valid.

4.13 In the case of cargoes sent abroad, the exchange and return are carried out by paying the shipping fees of the BUYER and sending them to the SELLER within the same period.

4.14 ALL COSTS OF WITHDRAWAL USED IN CONDITIONS SUCH AS CANCELLATION AND RETURN BELONG TO THE BUYER IN ACCORDANCE WITH LAW NO. 6502.

4.15 YOU CAN ORDER YOUR NEW SIZE BEFORE THE STOCKS RUN OUT WITHOUT SENDING THE PRODUCT YOU WILL RETURN TO US. RETURN TRANSACTIONS ARE NOT MADE WITHOUT AN INVOICE. NO REFUNDS ARE MADE FOR TRANSACTIONS EXCEEDING 14 DAYS.

4.16 THE COMPANY-WEBSITE RESERVES THE TERMS AND CONDITIONS OF MAKING THE CAMPAIGN AND MAY CANCEL OR RENEW THE CAMPAIGNS AT ANY TIME.

4.17 IN FREE SHIPPING CAMPAIGNS, IF THE PRICE OF THE PRODUCT OR PRODUCTS PURCHASED BY THE CUSTOMER (BUYER) AFTER THE RETURNED PRODUCT PRICE DOES NOT MEET THE FREE SHIPPING CAMPAIGN, THE SHIPPING FEE FOR THE FIRST PURCHASE IS ALSO DEDUCTED FROM THE RETURN FEE.

DISCOUNT – RETURNS ON OUTLET PRODUCTS ARE NOT MADE LEGALLY.

ARTICLE 5- GENERAL PROVISIONS

5.1 The BUYER is deemed to have accepted all the terms of this agreement for all purchases made through the application on his mobile device, by order methods such as Instagram, Whatsapp, phone.

5.2 The basic features (type, quantity, model, color, number) of the product/s are published on the website of the SELLER. If a campaign has been organized by the SELLER, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date. The SELLER reserves the right to make changes in the campaigns, such as duration, price, etc., without prior notice.

5.3 The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

5.4 In general and unless otherwise expressly stated, the cargo service fee, etc., belongs to the BUYER.In case of return and exchange, the entire cargo service fee belongs to the BUYER. 

5.5 It is the responsibility of the BUYER not to receive the cargo. In the event that the PRODUCT is stolen/lost/spoiled or damaged due to non-receipt of the cargo, the responsibility belongs to the BUYER. If the product is not received, if the BUYER wants the product to be delivered, then the shipping fee belongs to the BUYER.

5.6 Upon exchange and or return, the compensation cost arising from all kinds of damage and damage caused by the packaging of the BUYER in the products sent to the SELLER belongs to the BUYER.

5.7 It is not possible for the BUYER to open the cargo packages that have not been paid. Otherwise, no rights etc. can be claimed. Payment of packages opened without collection must be made to the SELLER.

5.8 Products that have not been received cannot be returned/exchanged.

5.9 For cargoes not received by the BUYER, by the BUYER 2. If a shipment is requested, the shipping cost will be reflected to the BUYER and the campaign will be sent to the 2. The expedition cannot be used. Payment if the BUYER requests a refund; Payment at the door is paid by deducting the cost of shipping and card commission.

5.10 For cargoes not received by the BUYER, the cargo fee paid as campaign shipping fee, payment at the door and return fee will not be refunded and the right of withdrawal will be used. The BUYER is responsible for the cost of payment at the door and shipping cost.

5.11 A copy of the invoices is sent by e-mail to customers who share their e-mail address. A copy is in the front compartment of the cargo bag. Customers whose invoices are lost during distribution can obtain them from the company within 3 working days from the receipt. Otherwise, the SELLER cannot be held responsible.

ARTICLE 6- RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS

The privacy rules-policy and conditions stated below are valid for the protection, confidentiality, processing-use of information and communications and other issues on the WEBSITE. The Law on the Protection of Personal Data No. 6698 (hereinafter referred to as KVKK) was adopted on March 24, 2016 and published in the Official Gazette No. 29677 dated April 7 , 2016. Some of the KVKK entered into force on the date of publication, and some of them entered into force on October 7, 2016

6.1.      The necessary measures for the security of the information (mobile phone, e-mail, credit/debit card, etc.) and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, within the scope of today’s technical possibilities. However, since the information in question is entered from the BUYER’s device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them by the BUYER and to prevent them from being accessed by unrelated persons.

6.2.      In addition to and confirming the permissions-approvals of the personal data and commercial electronic communications given by the BUYER in other ways; The information obtained during the BUYER’s membership and shopping on the WEBSITE may be recorded indefinitely or for a period of time to be stipulated by the SELLER for the provision of various products/products and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, credit card applications, and may be stored in printed/magnetic archives, and updated when deemed necessary, It can be shared, transferred, transferred, used and processed in other ways. This data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER has consented and allowed the use, sharing, processing of existing and new non-personal information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make commercial and non-commercial electronic communications and other communications.

6.3. The BUYER may stop the use of data, its processing and/or the communication by reaching the SELLER through the specified communication channels and/or by using the right of rejection in electronic communications sent to him/her at any time.       According to the BUYER’s clear notification in this regard, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if it wishes, its information, except for those that are legally required and/or possible, is deleted from the data recording system or anonymized in a way that cannot be identified. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the emergence of a result against him by analyzing it with automated systems, the elimination of damage in case of damage due to the unlawful processing of the data, always to the SELLER through the above communication channels can apply and get information. Applications and requests on these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.

6.4.      Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER’s agreement; all intellectual-industrial rights and property rights belong to the SELLER.

6.5.      The SELLER reserves the right to make any changes it deems necessary in the above matters; These changes are effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods. 

6.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes and negative consequences that may occur.     

ARTICLE 7- COMPETENT COURT

 7.1 In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year in accordance with the law, and the Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitral Tribunals and Consumer Courts in his/her own or the SELLER’s place of residence (residence) if he/she wishes.

7.2 The BUYER declares that he/she has read all the conditions and explanations written on the WEBSITE in this Agreement and the preliminary information of the order/contract that forms an integral part, and that he/she has read all the conditions and explanations written on the WEBSITE, and that he/she has the right to withdraw and the basic features/qualities of the Product/s subject to sale, sales price, payment method, delivery conditions, all other preliminary information/information about the SELLER and the Product subject to sale, and the right of withdrawal, including personal information/electronic communication, in accordance with Article 3 of this Agreement. accepts and declares that he/she has prior knowledge of all the matters written in the article, that he/she has seen all of them electronically on the WEBSITE, and that he/she accepts the provisions of this Agreement by ordering the Product by giving confirmation/approval/acceptance/permission to all of them electronically.

7.3 Both the said preliminary information and this Agreement are also sent to the above e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.

As the BUYER, I accept all kinds of information made by SMS, e-mail, phone call, whatsapp message, etc., with my explicit consent.

{ALICI_TAM_AD_UNVANI} Digitally accepted and certified by {GUNCEL_TARIH}

VENDOR                                                                       BUYER

    POSHET BENER HAMAMCI                                       {ALICI_TAM_AD_UNVANI}