Sales Agreement
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions specified below.
A. "BUYER"; (hereinafter referred to as "BUYER" in the contract)
B. "SELLER"; (hereinafter referred to as "SELLER" in the contract)
COMPANY NAME: Glorria Hediyelik Esya Anonim Sirketi
ADDRESS: Mollafenari Mah. Tasvir Sk. No.9 Fatih Istanbul
By accepting this Agreement, the BUYER acknowledges that if they approve the order subject to this Agreement, they will be responsible for paying the total order price and any additional charges, including shipping and tax fees, if applicable, and that they have been informed accordingly in advance.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below will represent the explanations next to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Sales Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: All consumer transactions, other than the supply of goods, performed for a fee or benefit or pledged to be done,
SELLER: The company acting on behalf of or representing the seller that provides goods to the consumer within the scope of commercial or professional activities,
BUYER: The real or legal person obtaining, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER’s website,
ORDER PLACER: The real or legal person requesting a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable items subject to trade and intangible goods such as software, sound, images prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product(s), the specifications and sale price of which are provided below, ordered electronically by the BUYER through the SELLER's website, in accordance with Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.
The listed and announced prices on the site are sale prices. The advertised prices and promises are valid until updated or changed. Prices announced for a limited period will remain valid until the specified deadline.
4. SELLER INFORMATION
Company Name: Glorria Hediyelik Esya Anonim Sirketi
Address: Mollafenari Mah. Tasvir Sk. No.9 Fatih Istanbul
Phone: 0850 455 15 10
Email: info@glorria.com
5. BUYER INFORMATION
Recipient's Name
Delivery Address
Phone
Fax
Email/Username
6. ORDER PLACER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION REGARDING PRODUCT(S) SUBJECT TO CONTRACT
7.1 The main characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER's website. If a campaign has been organized by the Seller, you can review the main features of the relevant product during the campaign period. Valid until the campaign date.
7.2 The listed and announced prices on the site are sale prices. The advertised prices and promises remain valid until updated or changed. Prices announced for a limited period will remain valid until the specified deadline.
7.3 The total sale price, including all taxes, for the goods or services subject to the Agreement is shown below.
Product Description Quantity Unit Price Subtotal (including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4 The shipping fee, as the cost of product delivery, will be borne by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered to the invoice address together with the order upon order delivery.
9. GENERAL PROVISIONS
9.1 The BUYER confirms, declares, and undertakes that they have read and are aware of the preliminary information regarding the main characteristics of the product, its sales price, and payment method, as well as the delivery information on the SELLER’s website and have given the necessary confirmation in electronic form. By confirming the preliminary information electronically, the BUYER agrees, declares, and undertakes that they have received the address that the SELLER should provide to the BUYER, the main characteristics of the ordered products, the price of the products, including taxes, and the payment and delivery information before the conclusion of the distance sales contract.
9.2 Each product under the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the timeframe specified in the preliminary information on the website, depending on the BUYER's location, provided it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3 The SELLER agrees, declares, and undertakes to deliver the product specified in the order in full, as per the qualities specified in the order, with warranty certificates and manuals if required, and to fulfill its obligations in a manner consistent with the principles of integrity and honesty, free from any defects, and compliant with applicable legal regulations, with due care and diligence.
9.4 Before the obligation to fulfill its contractual obligations, the SELLER may provide the BUYER with a product of equal quality and price upon obtaining the BUYER’s clear approval.
9.5 If the performance of the ordered product or service becomes impossible, and the SELLER cannot fulfill its contractual obligations, the SELLER will notify the consumer in writing within 3 days of learning of this situation and will refund the full payment to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and commits to confirm this Agreement electronically for the delivery of the product subject to the Agreement. If the payment for the product subject to the Agreement is not made for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7. If, after the delivery of the product subject to the Agreement to the BUYER or to a person and/or organization indicated by the BUYER at the specified address, the payment for the product is not made to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER agrees, declares, and commits to return the product to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the specified time due to force majeure circumstances that develop beyond the will of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER agrees, declares, and commits to notify the BUYER of this situation. The BUYER also has the right to request the cancellation of the order, replacement of the product subject to the Agreement with a similar one, and/or postponement of the delivery time until the force majeure situation is resolved. In the event of cancellation of the order by the BUYER, any cash payments made by the BUYER will be refunded in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and commits that the average process for the refunded amount to be reflected in their account may take 2 to 3 weeks, and that any delay in this reflection is entirely related to the bank processing, and thus the BUYER cannot hold the SELLER responsible for potential delays.
9.9. The SELLER has the right to communicate with the BUYER through the address, email address, fixed and mobile phone numbers, and other contact details specified in the registration form on the site or updated later by the BUYER, for purposes such as communication, marketing, notifications, and others, via mail, email, SMS, phone calls, and other means. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at them.
9.10. The BUYER will inspect the goods/services before receiving them; they will not accept damaged or defective goods/services, such as those that are dented, broken, or with torn packaging, from the courier company. The goods/services received will be deemed to be undamaged and intact. The responsibility for careful preservation of the goods/services after delivery lies with the BUYER. If the right of withdrawal will be exercised, the goods/services must not be used, and the invoice must be returned.
9.11. If the holder of the credit card used during the order process is not the same person as the BUYER or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the most recent statement of the credit card used in the order, or a letter from the bank confirming that the credit card belongs to the holder. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and commits that the personal and other information provided when registering on the SELLER's website is accurate, and that they will compensate the SELLER for all damages incurred due to the inaccuracy of this information immediately, in cash, upon the SELLER's first notification.
9.13. The BUYER accepts and commits to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities that arise will be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morals, disturbs or harasses others, or for illegal purposes that infringe upon the material and moral rights of others. Additionally, they may not engage in activities that prevent or hinder other members from using the services (spam, viruses, trojans, etc.).
9.15. Links to other websites and/or content that are not under the control of the SELLER and/or are owned and/or operated by third parties may be provided through the SELLER's website. These links are provided to facilitate navigation for the BUYER and do not endorse any website or the person operating that site, nor do they provide any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions listed in this Agreement shall be personally liable for such violation both criminally and legally, and will hold the SELLER harmless from the legal and penal consequences of such violations. Furthermore, in the event that this violation is brought to the legal domain, the SELLER reserves the right to seek compensation from the member for breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise the right of withdrawal without assuming any legal or criminal liability and without providing any justification by rejecting the goods and notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address indicated, in case the distance contract relates to the sale of goods. For distance contracts related to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the end of the withdrawal period. The costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notice must be sent to the SELLER via registered mail, fax, or email within a 14 (fourteen) day period, and the product must not be used within the framework of the provisions set out in this agreement regarding "Products That Cannot Be Returned." In the event of exercising this right:
a) The invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is issued to an institution, it must be returned 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) The return form,
c) The packaging, box, and all standard accessories (if any) of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount and return the documents obligating the BUYER to pay to the BUYER within 10 days from the receipt of the withdrawal notification and to receive the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER proportionately to the fault. However, the BUYER is not liable for changes and deterioration in the goods or products due to proper use within the withdrawal period.
f) If the limit amount for a campaign arranged by the SELLER falls below the limit amount due to the exercise of the right of withdrawal, the discount amount benefited under the campaign is canceled.
11. PRODUCTS THAT CANNOT BE RETURNED
Products prepared in line with the BUYER’s requests or explicitly tailored to personal needs, lower body underwear, swimsuits and bikini bottoms, makeup products, disposable products, goods at risk of perishing quickly or that may expire, products which cannot be returned for health and hygiene reasons if their packaging has been opened by the BUYER after delivery, products mixed with other products after delivery and cannot be separated due to their nature, periodicals such as newspapers and magazines not provided under a subscription agreement, services performed instantly in electronic environments, intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data-recording and data-storage devices, and computer consumables are non-returnable if their packaging is opened by the BUYER as per the Regulation. Also, the right of withdrawal cannot be exercised for services where performance has begun with the consumer's approval before the expiration of the withdrawal period. Cosmetic and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (toners, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, untested, unspoiled, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment via credit card, the BUYER agrees, declares, and undertakes to pay interest under the credit card agreement with the card-issuing bank and shall be liable to the bank. In this case, the relevant bank may resort to legal remedies, demand legal costs and attorney fees from the BUYER, and the BUYER accepts, declares, and undertakes to compensate the SELLER's losses due to delayed performance in cases of default on their debt under any circumstances.
13. COMPETENT COURT
Complaints and objections arising from this agreement may be submitted to the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction is carried out within the monetary limits specified in the following law. Information on the monetary limits is provided below:
As of 01/01/2017, for applications made to consumer arbitration committees for the year 2017, if the value of the dispute is:
a) Below 2,400 (two thousand four hundred) Turkish Lira, district consumer arbitration committees are responsible,
b) Between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira in metropolitan cities, provincial consumer arbitration committees are responsible,
c) Below 3,610 (three thousand six hundred ten) Turkish Lira in non-metropolitan city centers, provincial consumer arbitration committees are responsible,
d) Between 2,400 (two thousand four hundred) and 3,610 (three thousand six hundred ten) Turkish Lira in districts affiliated with non-metropolitan cities, provincial consumer arbitration committees are responsible.
This Agreement is executed for commercial purposes.
14. ENFORCEMENT
When the BUYER completes the payment for the order placed on the Site, they shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that they have read and accepted this agreement on the Site before completing the order.
SELLER: Glorria Hediyelik Esya Anonim Sirketi
BUYER: [BUYER’s name and information to be added]
DATE: [Date to be added]