Distance Selling Agreement
This Distance Sales Agreement (“Agreement”) has been drawn up for sales conducted over the internet in accordance with the Law on Consumer Protection No. 6502 dated 07.11.2013 (“Law No. 6502”) and the Regulation on Distance Contracts published in the Official Gazette No. 29188 dated 27.11.2014 (“relevant Regulation”) , and its clauses are as follows.
ARTICLE 1 – PARTIES
1.1. SELLER
Company Name: Eryay Tekstil Ticaret Ltd. Şti.
Address: Merkez Mah. Birahane Sok. No:7/2 Bomonti - Şişli / Istanbul
Phone number: +90 212 248 89 59
Fax: +90 212 248 44 92
Email address: info@chiliadesign.com
1.2 BUYER
Name and Surname:
Address:
Phone number:
Email address:
ARTICLE 2 - SUBJECT
The subject of this Agreement is the sale and delivery of the product(s) ordered by the BUYER from the SELLER's website www.chiliadesign.com, the characteristics and sales price of which are specified in Article 3 of this Agreement , and the definition of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 and related Regulations.
ARTICLE 3 - SUBJECT OF THE AGREEMENT
The type and kind of products, quantity, brand/model, color, sales price, and delivery information are listed below.
The product's basic features, such as model and color, are available on the SELLER's website, www.chiliadesign.com . The BUYER can view the product's features and images on the website for the duration of the sale .
The price shown below is the retail price of the product, including all taxes.
Product Description :
Product price including VAT:
Piece :
Shipping Fee:
Payment Method: Cash/ Credit Card Single Payment/ Credit Card [*] Installments
Total Price (including VAT):
Delivery Method: Home delivery
ARTICLE 4 - GENERAL PROVISIONS
4.1 - The BUYER declares that they have read and are aware of all preliminary information regarding the essential characteristics of the product(s) subject to this Agreement, the sales price, the payment method, delivery, and the SELLER's full trade name, address, and contact information, as specified in Article 3, and that they have provided the necessary confirmation electronically.
By confirming this Agreement, the BUYER confirms that they have received accurate and complete information from the SELLER prior to the conclusion of distance contracts, including the address, the essential characteristics of the ordered product, the price of the product, payment and delivery information, and the payment obligations that the BUYER will undertake if the order is confirmed .
4.2 - Except for products specially prepared according to the BUYER's requests, the product(s) subject to this Agreement will be delivered to the BUYER or the person/entity at the address indicated, within the period specified in the preliminary information, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30 (thirty) day period applicable from the date the order reaches the SELLER . The shipping cost for delivery will be borne by the BUYER; if the shipping cost is to be borne by the SELLER, this will be specified separately by the SELLER before the conclusion of this Agreement.
4.3 - The SELLER is responsible for delivering the product subject to this Contract in sound condition, complete, and conforming to the specifications stated in the order.
4.4 - Delivery of the product subject to this Agreement is conditional upon the BUYER's acceptance of this Agreement and payment of the price using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.5- If, after delivery of the product, the buyer's credit card, bank card, debit card, or other payment systems offered on the website are used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the product price on behalf of the seller, the buyer is obligated to return the product to the seller's contact address within 3 (three) days at the latest, provided that the product has been delivered to the buyer . In this case, all shipping costs shall be borne by the buyer.
4.6 - If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
4.7- The SELLER shall not be held responsible for any problems encountered by the shipping company during the delivery process, resulting in the product not being delivered to the BUYER .
4.8- The SELLER may, provided there is a justifiable reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from the contract.
4.9- If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, or because the ordered product is out of stock , it shall notify the consumer of this situation before the expiration of the performance period arising from the Contract and may supply the BUYER with a different product of equal quality and price if it is in stock.
The SELLER reserves the right to refund the product price, provided this right is not violated.
4.10- If the SELLER is unable to deliver the product subject to this Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruptions in transportation, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 (ten) days.
In cases where the BUYER makes payments using credit cards, bank cards and/or debit cards, or other payment systems offered on the Website, the product amount will be refunded to the relevant bank within 7 (seven) days after the order is cancelled by the BUYER .
4.11 - This Agreement shall become valid upon acceptance by the BUYER. By confirming the order, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.
4.12- For international product shipments, all taxes and fees that may arise are borne by the BUYER.
4.13-The SELLER is not responsible for any taxes, expenses, or customs procedures that may arise in connection with international product shipments .
4.14 - Returns of products sold abroad are not accepted due to customs regulations.
4.15- Products sold with or without a warranty certificate that are found to be defective or faulty can be sent to the SELLER for necessary repairs/maintenance within the warranty terms; in this case, the shipping costs will be covered by the SELLER.
4.16- This agreement shall become valid upon receipt by the BUYER and delivery to the SELLER via fax, post, or e-mail .
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1- The BUYER has the right to withdraw from the contract within 14 (fourteen) days of delivery of the product to himself or to the person/entity at the address indicated, without having to give any reason. By entering into this Agreement, the Buyer acknowledges that he has been informed about the right of withdrawal. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing to the contact information [A1] given above within the 14 (fourteen) day period , and the product must not be one of the products for which the right of withdrawal cannot be exercised within the framework of the provisions of Article 6, it must not have been used in any way, there must be no reason for it to be considered used, and it must be in a condition that allows the SELLER to resell it.
5.2- In case of exercising the right of withdrawal, the BUYER must return the products to be returned to the SELLER within 10 (ten) days from the date of notification of the exercise of the right of withdrawal, complete and undamaged, together with the box, packaging, label, standard accessories if any and the invoice . Otherwise, the right of withdrawal will be deemed not to have been exercised.[A2]
5.3- The SELLER is obliged to refund the payments received within 14 (fourteen) days from the date it receives notification of the exercise of the right of withdrawal, using the same payment method the BUYER used when purchasing the product.
5.4- The shipping cost for products returned using the right of withdrawal within the specified period will be borne by the BUYER.[A3]
5.5 - Except in cases where the BUYER exercises their right of withdrawal or other rights arising from the law, no product can be returned or exchanged for another product.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) In products that are specially prepared or designed according to the BUYER's requests or personal needs,
b) For products that have been modified or added to in terms of original size or design at the BUYER's request,
c) For products with damaged labels, packaging or boxes,
d) The right of withdrawal cannot be exercised for products that cannot be resold.
e) There were no returns or exchanges for products sold during discount campaigns.
ARTICLE 7 - COMPETENT COURT
In the implementation of this Agreement, up to the value declared by the Ministry of Customs and Trade
Consumer Arbitration Boards and Consumer Courts in the seller's place of residence have jurisdiction.
By completing the order, the BUYER shall be deemed to have accepted all the terms of this Agreement.