Distance Sales Agreement
1. PARTIES
This Agreement has been executed between the parties below under the terms and conditions stated herein.
A) “BUYER” (hereinafter referred to as the “BUYER” under this Agreement)
NAME / SURNAME:
ADDRESS:
B) “SELLER” (hereinafter referred to as the “SELLER” under this Agreement)
NAME / TITLE: Tipi Mobilya A.Ş.
ADDRESS: Organik St. No:27, 34956 Aydınlı-KOSB / Tuzla / Istanbul
By accepting this Agreement, the BUYER acknowledges in advance that, if the BUYER confirms the order subject to the Agreement, the BUYER will be obliged to pay the order amount and any additional fees indicated (if any) such as shipping fees and taxes, and that the BUYER has been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall mean the explanations set forth opposite them below.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188),
SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or that acts on behalf of or for the account of the one offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to shopping and intangible goods such as software, audio, video and similar items prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties, pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are stated below, which the BUYER orders electronically through the SELLER’s website.
The listed and published prices on the Site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the stated period.
4. SELLER INFORMATION
Title: Tipi Mobilya A.Ş.
Address: Organik St. No:27, 34956 Aydınlı-KOSB / Tuzla / Istanbul
Phone: +90 216 336 84 74
Email: [email protected]
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email / username
6. ORDERING PARTY INFORMATION
Name / Surname / Title
Address
Phone
Fax
Email / username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The main characteristics of the goods / product(s) / service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If a campaign is organized by the SELLER, you may review the main characteristics of the relevant product during the campaign period. This is valid until the campaign date.
7.2. The listed and published prices on the Site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the stated period.
7.3. The sales price of the goods or service subject to the Agreement, including all taxes, is shown below.
(Product Description / Quantity / Unit Price / Subtotal (incl. VAT))
Shipping Amount
TOTAL:
Payment Method and Plan
Delivery Address
Person to be delivered to
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the cost of dispatch, shall be paid by the BUYER.
8. BILLING INFORMATION
Name / Surname / Title
Address
Phone
Fax
Email / username
Invoice delivery: The invoice will be delivered together with the order to the billing address during the delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and obtained information about the basic characteristics of the product subject to the Agreement, the sales price, the payment method and the preliminary information regarding delivery on the SELLER’s website, and that the BUYER has given the necessary confirmation electronically. The BUYER also accepts, declares and undertakes that by confirming the Preliminary Information electronically, before the distance sales agreement is established, the BUYER has obtained correctly and completely the address that must be provided by the SELLER to the BUYER, the main characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, within the period stated in the preliminary information section 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. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualifications specified in the order, and, if any, with warranty certificates, user manuals, and the information and documents required for the job; to perform the work in accordance with legal regulations in a sound manner free of any defects and in compliance with standards, within the principles of accuracy and good faith; to maintain and improve service quality; to show the necessary care and attention during performance; and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s explicit approval before the period for the performance obligation arising from the agreement expires.
9.5. If fulfillment of the ordered product or service becomes impossible and the SELLER cannot fulfill its obligations under the agreement, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if, for any reason, the product price is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall end.
9.7. If, after the product is delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, the payment for the product is not made to the SELLER by the relevant bank or financial institution due to the unauthorized and unjust use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the transportation costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the time due to force majeure events such as circumstances developing outside the will of the parties, unforeseen in advance, preventing and/or delaying the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER has the right to request from the SELLER the cancellation of the order, replacement of the product subject to the agreement with an equivalent (if any), and/or postponement of the delivery period until the preventing situation is eliminated. If the BUYER cancels the order, payments made in cash shall be paid to the BUYER in full, in cash and at once, within 14 days. For payments made by credit card, the product amount shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER acknowledges, declares and undertakes that the average process for the amount refunded to the credit card to be reflected by the bank in the BUYER’s account may take 2 to 3 weeks, and since the reflection of the amount in the BUYER’s accounts after it is refunded to the bank is entirely related to the bank’s transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes via letter, email, SMS, phone calls and other means using the address, email address, landline and mobile phone numbers and other contact information provided by the BUYER in the registration form on the Site or updated later by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities specified above towards the BUYER.
9.10. The BUYER shall inspect the goods/service before receiving delivery; and shall not accept damaged and defective goods/services from the cargo company, such as dented, broken, torn packaging, etc. The goods/service received shall be deemed undamaged and intact. The obligation to protect the goods/service carefully after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/service must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security issue related to the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the card holder’s bank stating that the credit card belongs to the card holder. The order will be suspended until the BUYER provides the requested information/documents, and if such requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is accurate, and that the BUYER will immediately compensate, in cash and in full, all damages incurred by the SELLER due to the inaccuracy of such information upon the SELLER’s first notice.
9.13. The BUYER accepts and undertakes in advance to comply with legal legislation while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities that may arise shall bind the BUYER entirely and exclusively.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to public morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be provided on the SELLER’s website to other websites and/or other content not under the SELLER’s control and/or owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not support any website or the person operating that site, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this Agreement shall be personally responsible, criminally and legally, due to such violation and shall hold the SELLER harmless from the legal and penal consequences of such violations. In addition, in the event that the matter is brought to the legal arena due to such violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
10. PROVISIONS REGARDING SALES AND PRODUCTS
10.1. Provisions Regarding Sales
a) Since the products are made to order and handcrafted using natural materials, it is not possible for the products to have exactly the same external appearance. Therefore, visual differences such as tone and texture may occur between display products and the purchased product(s). The customer accepts this.
b) Product sales prices are fixed across all Coastal Homes stores. Discounts may be applied depending on payment terms and retail purchase quantity. These discounts cannot be combined with other campaigns.
c) The order is entered into the system after full payment (credit card, cash, or EFT/transfer) is collected.
d) The delivery week is specified at the time of ordering. Within the delivery week, the dispatch day is notified within +/- 1 day. A fixed delivery hour cannot be given; only morning/afternoon information is shared.
e) After the order payment is made, the customer cannot cancel. However, within 7 days, the customer may request a different color from the color swatch. In this case, 1 week is added to the delivery time. The delivery date may be postponed with a written request, but this period may be a maximum of 4 months. In cases exceeding 4 months, the seller may withdraw from the sale and the remaining amount shall be refunded after deducting 20% storage costs.
f) Product delivery is made within 8–10 weeks, excluding force majeure or special orders. If it exceeds 10 weeks due to reasons attributable to the seller, the seller provides the customer with a gift voucher equal to 5% of the amount. In this case, the customer cannot request a refund.
g) If, due to product dimensions, the product cannot be brought into the delivery address because of doors, stairs, etc., the responsibility belongs to the customer.
h) Except for defective products, the customer cannot return the purchased product and demand a refund. In case of return, 15% transport and dispatch costs are deducted. The customer may purchase another product up to the remaining amount; no cash refund is made.
i) The customer who purchases a display product accepts in advance that the product is a display item and purchases it together with any defects it may have. There is no right of return for these products.
10.2. Terms Regarding Products
a) Sales are made only in Coastal Homes stores and with the dimensions and color options listed in the catalog. Products cannot be sold by being disassembled or altered.
b) The colors in the wood and fabric swatches are for guidance. There may be differences within an acceptable tolerance rate (10%). Display products may differ due to factors such as sun, humidity, dust, etc.
c) Hairline cracks in solid wood products are not considered defects. For larger cracks, repair or replacement will be made.
“Nature is so generous and creative that it never creates the same thing exactly the same way twice…”
d) Slipcovered sofas may appear wrinkled when the packaging is opened; this resolves on its own within 240 hours.
e) For large-sized sofas, a knock-down (dismantled) option is offered; otherwise, the seller is not responsible for problems that may occur.
f) Sofa covers must be washed at 30°C on a delicate cycle; linen fabrics must be dry-cleaned.
g) Out-of-town dispatch and delivery fees belong to the customer.
h) During delivery, product photos may be taken for quality control purposes and may be shared on Coastal Homes social media / websites.
10.3. Warranty Period and Provisions Regarding Defective Products
a) Products are under warranty for 2 years from the delivery date. The repair period is 45 days from delivery to the manufacturer. A 15% fee is charged for change requests due to customer reasons.
b) Since the order is produced specifically for the customer, this Agreement replaces the Warranty Certificate.
c) Out-of-Warranty Situations:
(a) User errors, improper use
(b) Unauthorized repair, addition, intervention
(c) Damage caused by natural disasters
(d) Damage to products not properly protected
(e) Damage caused by liquids, disinfectants, chemicals
In these cases, the customer is solely responsible for all damages that occur. If the seller is required to pay third parties, the customer agrees to pay these amounts immediately.
10.4. Force Majeure
Reasons beyond the seller’s control such as accident, fire, flood, strike, earthquake, war, rebellion, administrative obstructions, legal regulations, etc. are considered force majeure. In this case, the seller cannot be held responsible.
10.5. Severability
If any provision of the Agreement is deemed invalid by a court, the other provisions remain valid and continue to be applied.
11. RIGHT OF WITHDRAWAL
11.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated by the BUYER, by notifying the SELLER, without assuming any legal or penal liability and without providing any reason, by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where performance of the service has started with the consumer’s approval before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
11.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER within the 14 (fourteen) day period via registered mail with return receipt, fax or email, and the product must not have been used within the framework of the provisions “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this Agreement. In case this right is exercised:
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is issued to a corporate entity, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging and, if any, standard accessories.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deteriorations that occur due to proper use of the goods or product within the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the purchase falls below the campaign limit amount set by the SELLER, the discount amount benefited from within the scope of the campaign is cancelled.
12. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly in accordance with personal needs and not suitable for return; underwear bottoms, swimsuits and bikini bottoms, cosmetics, single-use products; goods with a risk of quick deterioration or likely to pass the expiration date; products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated by nature; periodicals such as newspapers and magazines other than those provided under a subscription agreement; services performed instantly in electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation. In addition, in accordance with the Regulation, the right of withdrawal cannot be exercised for services whose performance has started with the consumer’s approval before the expiry of the withdrawal period.
For cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returnable, their packaging must be unopened, untested, undamaged and unused.
13. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults when making payment transactions by credit card, the BUYER accepts, declares and undertakes that the BUYER will pay interest within the framework of the credit card agreement between the cardholder bank and the BUYER and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may claim the costs and attorney fees from the BUYER; and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER accepts, declares and undertakes to pay the damages and losses incurred by the SELLER due to late performance of the debt.
14. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be made, within the monetary limits specified in the law below, to the consumer arbitration committee or the consumer court in the place where the consumer resides or where the consumer transaction is made. Information regarding the monetary limit is as follows (effective as of 28/05/2014):
a) For disputes below 2,000.00 TRY, district consumer arbitration committees,
b) For disputes below 3,000.00 TRY, provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes between 2,000.00 TRY and 3,000.00 TRY, applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
15. EFFECTIVENESS
When the BUYER completes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements so as to obtain approval that this Agreement has been read and accepted by the BUYER on the Site before the order is completed.
SELLER: Tipi Mobilya A.Ş.
BUYER:
DATE: