Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the parties below within the framework of the terms and conditions set out below.
A.”BUYER” ;
Full Name:
Address:
E-mail:
Tel:
B.”SELLER” ;
Trade Name: VAMOS CLO TEKSTİL PAZARLAMA LTD. ŞTİ.
Address: Mehmet Nesih Özmen Mah. Ceviz Sok. No:5 Güngören / İstanbul
E-mail: info@vamosclo.com
Tel: 0531 727 22 33
By accepting this Agreement, the BUYER acknowledges in advance that, if the BUYER confirms the order that is the subject of the Agreement, the BUYER will be under the obligation to pay the price of the order and the specified additional charges, such as the shipping fee and taxes, if any, and that the BUYER has been informed in this regard.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the meanings written opposite them.
MINISTER: the Minister of Customs and Trade,
MINISTRY: means the Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: means the subject of any consumer transaction, other than the supply of goods, that is performed or undertaken to be performed in return for a fee or benefit,
SELLER: the company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of the party offering goods,
BUYER: the natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,
SITE: the website belonging to the SELLER,
ORDERING PARTY: the natural or legal person who requests goods or services via the website belonging to the SELLER,
PARTIES: the SELLER and the BUYER,
AGREEMENT: this agreement concluded between the SELLER and the BUYER,
GOODS: refers to movable goods that are the subject of a purchase, and to intangible goods such as software, audio, video and similar goods prepared for use in electronic media.

3. SUBJECT

With regard to the sale and delivery of the product, whose characteristics and sales price are specified below and which the BUYER has ordered electronically via the website belonging to the SELLER, this Agreement, pursuant to the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance
Contracts, governs the rights and obligations of the parties.
The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.

4. SELLER INFORMATION

Trade Name: VAMOS CLO TEKSTİL PAZARLAMA LTD. ŞTİ.
Address: Mehmet Nesih Özmen Mah. Ceviz Sok. No:5 Güngören / İstanbul
E-mail: info@vamosclo.com
Tel: 0531 727 22 33

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares and undertakes that the BUYER has read and is informed of the preliminary information on the website belonging to the SELLER regarding the basic characteristics of the product that is the subject of the Agreement, its sales price and method of payment, and delivery, and that the BUYER has given the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that, by confirming the Preliminary Information electronically, the BUYER has also obtained accurately and completely, before the conclusion of the distance sales agreement, the address that must be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product that is the subject of 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 specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER’s right to terminate the agreement is reserved.
9.3. The SELLER acknowledges, declares and undertakes to deliver the product subject to the Agreement complete, in accordance with the characteristics specified in the order, and together with warranty certificates and user manuals, if any, and the information and documents required by the nature of the work; to perform the work free from any defects, sound and in compliance with standards in accordance with the requirements of the legislation, within the principles of good faith and honesty; to maintain and improve the quality of service; to exercise the necessary care and diligence during the performance of the work; 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 expiry of the performance obligation arising from the agreement.
9.5. The SELLER acknowledges, declares and undertakes that, if the SELLER is unable to fulfill its contractual obligations because performance of the ordered product or service becomes impossible, it shall notify the consumer of this situation in writing within 3 days from the date on which it becomes aware of it and shall refund the total price to the BUYER within a period of 14 days.
9.6. The BUYER acknowledges, 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 price of the product subject to the agreement is not paid and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the agreement shall end.
9.7. The BUYER acknowledges, declares and undertakes that if, after the delivery of the product that is the subject of the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product that is the subject of the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unlawful use of the BUYER’s credit card by unauthorized persons, the BUYER shall return the product that is the subject of the Agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. The SELLER acknowledges, declares and undertakes that, if it cannot deliver the product that is the subject of the Agreement on time due to force majeure events, such as the occurrence of circumstances that arise beyond the will of the parties, that are unforeseeable and that prevent and/or delay the parties from fulfilling their obligations, it shall notify the BUYER of the situation. The BUYER, in turn, has the right to request from the SELLER the cancellation of the order, the replacement of the product that is the subject of the Agreement with an equivalent product, if any, and/or the postponement of the delivery period until the preventing circumstance ceases to exist. If the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount shall be paid to the BUYER in cash and in a single payment within 14 days. For payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that, since the reflection of this amount in the BUYER’s accounts after its refund to the bank depends entirely on the bank’s transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means via the address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities directed at the BUYER.
9.10. The BUYER shall inspect the goods/service subject to the agreement before taking delivery, and shall not accept from the shipping company goods/services that are damaged and defective, such as dented, broken or with torn packaging. Goods/services that have been received shall be deemed undamaged and intact. After delivery, the obligation to carefully protect the goods/service lies with the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used at the time of the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to the cardholder. The order shall be frozen during the period until the BUYER provides the requested information/documents, and if the said 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 when registering as a member on the website belonging to the SELLER is true, and that the BUYER shall compensate the SELLER, immediately, in cash and in a lump sum upon the SELLER's first notification, for all damages the SELLER may incur due to the inaccuracy of this information.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legislation and not to violate them while using the website belonging to the SELLER. Otherwise, all legal and criminal liabilities that may arise shall be binding fully and exclusively on the BUYER.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a manner 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 hinder others from using the services.
9.15. Links may be provided through the website belonging to the SELLER to other websites and/or other content that are not under the SELLER's own control and/or are owned and/or operated by other third parties. These links have been placed to provide ease of navigation for the BUYER, do not endorse any website or the person operating that site, and do not constitute any warranty 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 liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is referred to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. Where the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, 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, provided that the SELLER is notified. In distance contracts relating to the provision of services, this period begins on the date on which the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer's approval before the end 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 accepts in advance that the BUYER has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail with return receipt, fax or e-mail within the period of 14 (fourteen) days, and the product must not have been used, within the framework of the provisions on “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this Agreement. If this right is exercised,
a) the invoice of the product delivered to the third party or to the BUYER (If the invoice of the product to be returned is a corporate invoice, it must be sent back together with the return invoice issued by the company. Returns of orders invoiced in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
b) the return form,
c) the products to be returned, together with their box, packaging and standard accessories, if any, must be delivered complete and undamaged.
d) The SELLER is obliged to refund to the BUYER the total price and return any documents placing the BUYER under debt within 10 days at the latest from the receipt of the notice of withdrawal, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods, or if the return becomes impossible, for a reason arising from the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s losses in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deterioration resulting from the proper use of the goods or product within the withdrawal period.
f) If, as a result of the exercise of the right of withdrawal, the amount falls below the campaign limit set by the SELLER, the discount amount used under the campaign shall be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to the Regulation, it is not possible to return products prepared in line with the BUYER’s request or clearly personal needs and not suitable for being sent back, underwear bottoms, swimsuit and bikini bottoms, make-up materials, single-use products, goods at risk of deteriorating quickly or likely to pass their expiration date, products whose return is not suitable in terms of health and hygiene if their packaging has been opened by the BUYER after delivery to the BUYER, products that become mixed with other products after delivery and by their nature cannot be separated, goods relating to periodicals such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, or audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables, if their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer’s approval before the expiry of the withdrawal period.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened and they must be untried, undamaged and unused.

12. DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER acknowledges, declares and undertakes that, if the BUYER defaults where the BUYER has made the payment transactions by credit card, the BUYER shall pay interest within the framework of the credit card agreement between the BUYER and the card-issuing bank and shall be liable to the bank. In this case, the relevant bank may resort to legal remedies and may claim the resulting expenses and attorney’s fees from the BUYER, and in any event, if the BUYER defaults on its debt, the BUYER acknowledges, declares and undertakes that the BUYER shall pay the loss and damage incurred by the SELLER due to the late performance of the debt.

13. COMPETENT COURT

In disputes arising from this Agreement, complaints and objections shall be filed, within the monetary limits specified in the law below, with the Consumer Arbitration Committee or the Consumer Court at the consumer’s place of residence or at the place where the consumer transaction was carried out. Information on the monetary limits is provided below:
Effective as of 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, applications are made to district consumer arbitration committees for disputes with a value below 2.000,00 (two thousand) TL,
b) to provincial consumer arbitration committees for disputes with a value below 3.000,00 (three thousand) TL,
c) In provinces with metropolitan municipality status, applications are made to provincial consumer arbitration committees for disputes with a value between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL.
This Agreement is concluded for commercial purposes.

14. ENTRY INTO FORCE

Once the BUYER makes the payment for the order placed via the Site, the BUYER 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, before the order is completed, that this Agreement has been read and accepted by the BUYER on the site.