Title : Civil Tekstil A.Ş. (Hereinafter shall be referred to as the Seller)
Address : Mehmet Nesih Özmen Mahallesi Cihan Sokak NO:27 Merter Güngören İstanbul
Phone : +90 212 553 00 01
E-mail : firstname.lastname@example.org
Name-Surname / Title :
2. PRODUCT, PRICING AND DELIVERY TERMS
Model / Type :
Sales Price (VAT Included) :
Delivery Address :
Recipient Person :
Billing Address :
Total Amount :
Name – Surname :
Name – Surname :
3. SUBJECT OF THE AGREEMENT
3. 1. The subject of this distant sales agreement (“agreement”) is the definition and stipulation of the rights and obligations of the parties regarding the sale and delivery of the products ordered by the Buyer electronically via the website www.civilkids.com belonging to the Seller (“Website”) bearing the quality standards and prices shown in the website.
3. 2. Considering that the subject of the agreement is a commercial sales and purchase, and seeing that both the parties are defined as “Traders” as per the provisions of the Turkish Commercial Code No: 6102, the agreement shall be subject to the provisions of the Turkish Commerical Code No: 6102 and general provisions of the Obligations Code No:6098. Thusly, the Buyer agrees and declares that Civil from its website provides a service aimed strictly for traders commercial entities, and that this agreement is not subject to nor covered by the Code for Protection of Consumers No: 6502. To this end, seeing that the definition of the “Consumer” in the said act does not apply to the Buyer as per this agreement, it is agreed that the Buyer shall not have the rights defined in the Code No: 6502 including the right to withdrawal.
3. 3. Buyer agrees and declares that they have knowledge of the basic qualities of the products, sales price, quantities, payment terms, delivery terms and other particulars of the agreement and return / cancellation policy, that they have confirmed this information willfully through the digital medium, and has thus ordered and purchased the products.
3. 4. Proforma Invoice and the confidentiality agreement present on the website are inseparable components of this agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4. 1. Seller, upon receipt of the payment in full, is obliged to prepare the products ordered on the website in the ordered types, qualities and quantities and send them within the delivery times agreed.
4. 2. Buyer is obliged to inform the Seller of their Name-Surname , Trade Title, e-mail address, phone, address and billing information, along with any other relevant info requested of themselves during both the ordering and user registration processes truthfully.
5. PROVISIONS FOR ORDERING
5. 1. Parties of this agreement are the Buyer and the Seller. Thus, all obligations for the fulfillment of undertakings as per this agreement are the rliability and responsibility of the parties.
5. 3. Buyer may order by selecting the type of material, quality, size, quantity and color options offered on products.
5. 4. Depending on whether the ordered products are generic productions or tailored orders, the Buyer agrees that the terms of cancellation and return may change. To this end, the buyer agrees that without respect to whether they are a natural person or a corporate entity, tailored and specialized orders may not returned.
5. 5. The agreement shall be deemed valid only in cases where the Seller has the criteria set by the Buyer to partake in the agreement.
5. 6. All intellectual property and the right to their revision, and partial-whole usage belongs to the Seller, except in cases where they are deemed to be property of 3rd parties according to the Seller’s agreement.
5. 7. After the order is confirmed to be in accordance with the product and stocks, a confirmation is to be received from the Buyer via the e-mail address provided by himself during the ordering process. After the confirmation is received, packaging and delivery will commence.
5. 8. After the buyer has selected the products with all their offered options and completed the selection process, purchase shall be deemed completed upon receipt of payment.
5. 9. Products are to be sent to the Buyer’s address within 30 days following the Buyer’s confirmation of the designs.
6. RETURN AND CANCELLARION TERMS
6. 1. As per this agreement, products mad specifically for the Buyer, or existing products altered and tailored to the requests of the buyer may not be returned and the orders for these products may not be cancelled.
6. 2. The buyer has the right to cancel the orders prior to the receipt of the electronic confirmation from themselves, or prior to the production of the ordered products. The buyer within this perio may direct their request of cancellation to the e-mail address of the Seller, or may contact the seller from the phone nmber present on the website to relay their cancellation. In such cases, any received amounts are refunded to the Buyer within 10 business days, or –upon request of the buyer- the amount is added to the Buyer’s current account to be used in future orders.
In cases where an order is cancelled prior to the packaging or production, any services provided or expenses incurred by the Buyer up to that point are charged to the buyer, deducted from the order price and the outstanding amount is refunded to the buyer within 10 business days.
7. PRODUCT DELIVERY AND DELIVERY METHOD
7.1 The products are to be delivered to the above address provided by the Buyer unless specified otherwise by the Buyer in writing. Buyer hereby agrees and declares that the information provided by themselves such as “Delivery Information” and “Buyer’s Info” are true and up to date, and that the order may be received by themselves or their appointed persons only after a valid form of ID is presented.
7. 2. The seller shall be deemed to have fulfilled their obligations in cases where the Buyer is not found at the address provided, or the delivery of the products is rejected by the persons present at the said address. In such cases, it is the responsibility of the Buyer to contact the carrier and follow-up with the delivery. If the products are to be delivered to persons other than the buyer, Seller shall not be liable if this person/s are not found at the address or rejects the delivery of the products. In such cases all damages arisen from the late receipt of the goods along with all expenses incurred due to products being stored by the carrier are the liability of the Buyer.
7. 3. As a general rule, delivery costs are to be covered by the Buyer. If the Seller had on the website declared that the delivery costs for orders valued over a certain threshold are to be covered by the Seller, or the delivery is to be made free of charge, the delivery costs are to be covered by the Seller. However, the Seller has the authority to determine at which times and for which orders the delivery costs are to be paid for by themselves, and thus offers no promises for the payment of delivery costs as per this article.
7. 4. The delivery shall be made within no later than 30 days following the receipt of payment, and in shortest time possible depending on the availability of stock, and –for printed products- timing of production.
7. 5. Orders placed on weekends or holidays shall be deemed to have placed on the first business day following the confirmation of payment information.
8. BUYER’S LIABILITY OF DEFECTS
8. 1. Buyer shall perform a defects inspection during the delivery as per the provisions of the Turkish Commercial Code No: 6102.
8. 2. In cases where clearly visible defects are present on the products, the buyer shall notify the seller within 3 (three) days f the defects as per the article 23/c of the Turkish Commercial Code. Otherwise, the Buyer shall be deemed to have accepted the products as they are.
8. 3. The buyer is obligated to inspect the products for hidden defects, and to notify the buyer of any such defects within 8 (eight) days following the receipt of the products. Otherwise, the Buyer shall be deemed to have accepted the products as they are as per the article 223 of the Obligations Code No: 6098
8. 4. Along with the notification of defective products, the buyer shall submit a request for return through the website, and send to the Seller the products as they were received by themselves wholly. The products must be in its original packaging and without further damage for them to be returned to the Seller. Furthermore, delivery notes and the invoices in their originals must also be sent alongside the products.
8. 5. Except for damages caused by the delivering carrier, Buyer in cases where they notice damages, wetness or deformities that may be detected without opening the packaging shall request from the carrier the preparation of a delivery minute.
8. 6. After the receipt of a return request in due form and the defective products, the Seller shall conduct their own controls and if deems the Buyer correct in their request, must either send a non-defective substitute product, or the repaired product to the Buyer at their own expense.
8. 7. The Byer may also request a refund of the purchase price. In this case, the refund shall be made within 10 (ten) business days.
8. 8. In cases where the returned defective product is impossible to re-produce, repair or replaced due to rightful reasons, the Seller agrees and declares to refund the purchase price to the Buyer without deduction of any fees or interest.
8. 9. The provisions of the Tax Procedure Code No: 213 are reserved and apply to all return transactions, and both the parties shall act in accordance with those.
9. TERMS OF PRICING
9. 1. The price of products are indicate on the website and the Invoice sent to the Buyer via the website. Unless specified otherwise, the prices o not include the VAT.
10. DECLARATIONS OF THE BUYER AND THE DISCLAIMS OF LIABILITY
10. 1. Seller reserves the right to delete, cancel, alter, change modify or restrict access to the sales, promotions, color – material – product options present on the website at any time and without the need for notifications. Buyer hereby agrees and declares that they are not entitled to any compensation and thus not put forward any claims due to direct / indirect damages they may suffer due to these changes and cancellations.
10. 2. The Buyer as per this agreement agrees and declares that they shall not request from the Seller any positive / negative damages, compensation for loss of income or other damages in case of defective / faulty or missing fulfillment of the obligations of the Seller. Seller’s liability born from this agreement is limited with the value of the order placed.
10. 3. The Seller disclaims all liability in cases of mistakes, negligence, interruption, deletion, loss, delays, presence of computer viruses, communication errors, theft, destruction or unauthorized access / changing or usage of records due to; breach of the contract, tort, negligence of other reasons.
11. FORCE MAJEURE
11. 1. The circumstances that are not in existence at the signing of this agreement, that develop outside the control of the Seller, and prevent the seller from the performance of their obligations as per this agreement are to be deemed as Force Majeure Events (Including but not limited to: Natural disasters, war, terror, rebellion, changes in legislation, seizures, strikes, lockouts, substantial faults in production and communication facilities, comprehensive and/or continuous electric / Internet access shortages etc.)
11. 2. In cases of force majeure events, the Seller has the right to the non-performance of the obligations undertaken as per this agreement without liability for compensation provided that the purchase price is refunded.
11. 3. If the product is unable to be delivered within the promised 30 days due to uncommon negative circumstances (Such as adverse weather conditions, congestions, earthquakes, floods, fires etc.), the Seller shall notify the Buyer of the situation. In such cases buyer shall have the right to; cancel the order and be refunded the purchase price, order a similar product or wait until the uncommon circumstance is over.
12. 1. Notifications as per this agreement are to be made to the addresses declared by the parties in Article 1
12. 2. If the parties wish to change their notification address, a notice must be sent to the other party via notarized mail or registered mail. Otherwise, notifications made to the known address shall be deemed valid.
12. 3. Notifications defined in the article 18/III. Of the Turkish Commercial Code No: 6102 (Default, Cancellation, Rescission) shall only be deemd valid in cases where they are telegraphed, sent via notarized or registered mail or sent electronically to “Registered electronic mail address” as per the Regulation on Electronic Notifications. Warnings and Notices shall be deemed to have been made on the day they are served to the recipient in due form as per the provisions of the Turkish Law.
13. EVIDENTIAL CONTRACT, APPLICABLE LAW AND DISPUTE RESOLUTION
13. 1. Buyer hereby agrees and declares that the Sellers ledgers, documents, records, computer and facsimile records, microfilms and e-mail correspondence records shall serve as final and irrefutable evidence in resolution of all disputes arising from this agreement as per the Article 193 of the Civil Procedure Code No: 6100.
13. 2. This agreement is drafted and approved by the parties electronically prior to the Buyer’s payment. Thus, It is agreed that this documents serves as a written agreement between the parties as per this Civil Procedure Code No: 6100
13. 3. Turkish Law shall apply to and Istanbul Anatolian Courts of Law and Collection Offices are authorized to settle any and all disputes arising from this agreement.