Distance Sales Contract

DISTANCE SALES AGREEMENT

 

1.      PARTIES AND SERVICE ADDRESSES

1.1.   SALES PERSON:

  • Name / Title: ARDA DORUK ÇERÇİLER (Hereinafter referred to as "SELLER")
  • Address: Elmalı Mah. 1 Sk. Tunca İşhanı No: 36 B Muratpaşa/Antalya
  • Tax Identification Number / Turkish Republic Identity Number: 2420491613 / 28390095376
  • Mersis Number:
  • E-mail / Web Address: / www.cercilerkumas.com

1.2.   BUYER: Within the scope of this agreement, the BUYER is the natural or legal person who places an order electronically through the SELLER's website; and whose address, telephone, and e-mail information declared in the order form and system records is accepted as their legal address for notification purposes.

2.      SUBJECT AND LEGAL BASIS OF THE AGREEMENT The subject of this Agreement is the sale and delivery of the products ordered by the BUYER from the SELLER's website www.cercilerkumas.com , the essential characteristics and sales price of which are specified on the site, and the determination and definition of the mutual rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

3.      GENERAL PROVISIONS

3.1.   Condition of Performance: The SELLER is responsible for delivering the product in accordance with the specifications stated in the order, free from defects, and accompanied by any warranty certificate and user manuals, if applicable.

3.2.   Technical Errors: Prices that are excessively below market rates (illogical) due to system malfunctions or typographical errors on the website are not binding on the SELLER. The SELLER reserves the right to unilaterally cancel such orders and refund the payment.

3.3.   Force Majeure: In the event of circumstances beyond the control of the parties, such as natural disasters, epidemics, general strikes, and transportation restrictions, the SELLER's delivery period will automatically be extended until the obstacle is removed.

3.4.   Risk Transfer: Risk and benefit transfer to the BUYER from the moment the product is delivered to the address or person specified by the BUYER. The package must be checked upon receipt, and if there is any damage, it must be returned with a "Damage Assessment Report" . Products received without a report are presumed to be complete and undamaged.

4.      RIGHT OF WITHDRAWAL: EXERCISE AND CONDITIONS

4.1.   General Rule: The BUYER has the right to withdraw from contracts relating to the sale of goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person at the address indicated, without incurring any legal or criminal liability and without giving any reason.

4.2.   Notification Requirement: To exercise the right of withdrawal, it is mandatory to notify the SELLER in writing within this period via registered mail, email, or fax.

4.3.   Refund Process: The product price will be refunded to the BUYER within 14 days of receiving the cancellation notification. The BUYER is obligated to return the product within 10 days of receiving the cancellation notification using the SELLER's contracted shipping company.

5.      CIRCUMSTANCES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED (EXCEPTIONS) According to Article 15 of the Regulation on Distance Contracts, unless otherwise agreed upon by the parties, the BUYER cannot exercise the right of withdrawal in the following cases:

5.1.   Custom Production (Fabric Cutting): The right of withdrawal does not apply to goods prepared according to the consumer's requests or personal needs. In this context, fabrics cut from a roll to a specific length determined by the BUYER are excluded from the right of withdrawal and return, as they lose their resale value after the cutting process.

5.2.   Hygiene and Health: Products whose protective elements such as packaging, tape, and seals have been opened after delivery and which are not suitable for return due to health/hygiene reasons (underwear, cosmetics, etc.).

5.3.   Perishable Goods: Goods that are likely to expire or spoil quickly.

5.4.   Digital and Intangible Goods: Services performed instantly in an electronic environment or intangible goods delivered instantly (software, digital content, etc.).

5.5.   Fluctuating Price Goods: Goods whose price varies depending on fluctuations in financial markets and is beyond the SELLER's control.

6.      DEFECTIVE GOODS AND OPTIONAL RIGHTS In the event that the product is defective (faulty, insufficient length, different from the description), the exceptions in Article 5 do not apply. The BUYER may exercise one of the following rights pursuant to Article 11 of Law No. 6502: withdrawal from the contract, price reduction, free repair, or replacement with a defect-free equivalent. Differences in color calibration on digital screens or reasonable lot (ton) differences in textile production technology are not considered "defects".

7.      EVIDENCE AGREEMENT AND COMPETENT COURT

7.1.   In case of any disputes arising from this agreement, the electronic records (log records, IP addresses) kept by the SELLER in its database and servers shall constitute conclusive evidence.

7.2.   In case of disputes, the Consumer Arbitration Boards or Consumer Courts located in the place of residence of the BUYER or SELLER are authorized, within the monetary limits announced annually by the Ministry of Trade.

8.      By confirming their order and making payment through the website, the BUYER is deemed to have read, understood, and accepted all the legal consequences of this agreement.