Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement ("Agreement") is electronically signed between REINA MAISON TEKNOLOJI TICARET LIMITED SIRKETI Joint Stock Company operating at Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul
("Seller") and the person who purchases their services/products through the website with the domain name reinamaison.com  ("Buyer") between the Seller and Buyer whose information is provided below.

The Parties acknowledge, declare, and undertake that they have read the entire Agreement, fully understand its content, and approve all its provisions.

SELLER:

Seller's Title: REINA MAISON TEKNOLOJI TICARET LIMITED SIRKETI
Seller's Full Address: GÜMÜSSUYU MAH. INÖNÜ CAD. ANKARA PALAS NO: 59 IÇ KAPI NO: 3 BEYOGLU/ ISTANBUL

Seller's Email Address: destek@reinamaison.com

Seller's Phone:

BUYER:
Buyer's Name/Surname:
Buyer's Address: 
Buyer's Phone: 
Buyer's Email Address: 

 

The Seller and Buyer will be referred to individually as "Party" and collectively as "Parties".

By purchasing products and services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read the entire Agreement, fully understand its content, and approve all its provisions. Similarly, the Seller also declares and undertakes the following matters to the Seller. Therefore, the accuracy of the information provided by the Buyer when purchasing the service is guaranteed by the Buyer.

1. ESTABLISHMENT OF THE AGREEMENT

• THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THE AGREEMENT AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS.
• THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE PERFORMANCES AGREED UPON IN THE AGREEMENT AND THAT THE MUTUAL PERFORMANCES ARE APPROPRIATE TO THE NATURE OF THE WORK, AND THAT THEY HAVE NO INEXPERIENCE IN THE SCOPE OF TRANSACTIONS COVERED BY THE AGREEMENT.
• THE BUYER ACKNOWLEDGES THAT THEY HAVE REACHED A COMPLETE CONVICTION THAT THE TRANSACTIONS COVERED BY THE AGREEMENT ARE SUITABLE FOR THEIR INTERESTS AND THAT THEY WILL COMPLY WITH ALL CONDITIONS WITH THEIR OWN FREE WILL, WITHOUT BEING IN ANY DIFFICULTY OR DISTRESS, BY THINKING, WANTING, AND KNOWINGLY.
• THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE ANY CHARACTERISTICS THAT COULD BE CONSIDERED UNFAIR TERMS, AND THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
• THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A VIOLATION OF THE PRINCIPLE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON CONSUMER PROTECTION.
• THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL FORESEEN IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK (SURPRISING CONDITIONS). THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement consists of determining the rights and obligations of the Parties in relation to the sale and delivery of the product, whose characteristics and sales price are specified below, which the Buyer has ordered electronically through the website with the domain name www.reinamaison.com ("Site") belonging to the Seller, in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

1. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic characteristics, sales price, delivery, and payment conditions of the product subject to this Agreement are as follows:

Product/Service Type: Product and/or service sale made by the Seller to the Buyer through the Site

Product Code and Name	Quantity	Unit Price (including VAT)
[…]	[…]	[…]

PAYMENT AND DELIVERY CONDITIONS

Total product price excluding shipping:

Shipping Fee:

Total product price including shipping and all taxes:

 

Delivery Address:

Person to be Delivered to:

The total product price specified above is collected from the Buyer by REINA MAISON TEKNOLOJI TICARET LIMITED SIRKETI

Delivery conditions of the product/service subject to the Agreement:

Carrier Company Information: Carrier companies that the Seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo, and UPS Kargo - The shipping information will be automatically shown/sent to the customer.)

Delivery Address:

Person to be Delivered to:

 

1. DELIVERY

The product subject to the Agreement shall be delivered to the Buyer or to the person/organization at the address indicated by the Buyer within the period specified in the preliminary information form, depending on the distance of the Buyer's place of residence, for each product, provided that it does not exceed the legal 30 (thirty) day period, unless the product is prepared according to the Buyer's request or personal needs.

To avoid any doubt, for the delivery of the product(s) subject to this Agreement, it is a condition that this Agreement and the Preliminary Information Form have been confirmed by the Buyer in the electronic environment and that the price of the product(s) has been paid in full and completely with the payment method preferred by the Buyer. If for any reason the product price is not paid, is underpaid, or the payment is canceled in bank records, the Seller is deemed to be relieved of the obligation to deliver the product.

In cases where it becomes impossible to fulfill the ordered goods or service performance, the Seller shall notify the Buyer in writing or with a permanent data provider within 3 (three) days from the date they learn of this situation and shall return all payments collected, including delivery costs if any, to the Buyer within 14 (fourteen) days from the date of notification.

1. BUYER'S DECLARATIONS AND UNDERTAKINGS

The Buyer acknowledges, declares, and undertakes that they have read and been informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, and delivery and shipping cost of the goods or services subject to the Agreement on the Site, that they have given the necessary confirmation in the electronic environment and that they are aware that they have undertaken a PAYMENT OBLIGATION by approving the order through the Site, that they have purchased the product/service electronically, and that the sales price will be collected from the credit card/bank card whose information they have entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have correctly and completely obtained the information about the address, basic characteristics of the ordered goods or services, price of the goods or services including taxes, payment and delivery, and delivery price that must be given to the Buyer by the Seller before the conclusion of distance contracts.

If the Buyer defaults on transactions made with a credit card and the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unauthorized, unjust, or unlawful use of the cardholder's card by unauthorized persons without the fault of the Buyer, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to them. In this case, the delivery expenses belong to the Buyer.

If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the delivery person's refusal to accept the delivery.

If the Buyer is not at the address where they requested the delivery of the order, the order will definitely not be left at another address. In this case, the Buyer has to accept the legal obligations that will arise due to having placed an order to an address where they are not present.

If the product subject to the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the refusal of the person/organization to be delivered to accept the delivery.

The Seller is responsible for delivering the product subject to the Agreement in a sound, complete manner, in accordance with the characteristics specified in the order. Based on a justified reason and on condition of informing the Buyer and obtaining their explicit approval, the Seller may supply goods or services of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Agreement.

For the delivery of the product subject to the Agreement, it is a condition that this Agreement has been confirmed in the electronic environment and that the price of the order subject to the Agreement has been paid. If for any reason the product price is not paid or is canceled in bank records, the Seller is deemed to be relieved of the obligation to deliver the product under this Agreement.

The Seller is responsible for any loss and damage that occurs until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier. In case the Buyer requests the goods to be sent with a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

The service provided by the Seller is for the end user within the scope of retail sales; The Seller reserves the right to cancel the order and not deliver the products if it suspects that the Buyer has a resale purpose, even if this Agreement has been established.

The Buyer should inspect the product before receiving it and should not receive defective and damaged products that can be detected with normal inspection from the Seller's representative or the shipping company. If the Buyer neglects to inspect the goods and receives the goods, they are deemed to have accepted that the product is sound and undamaged.

 

 

 

1. SELLER'S DECLARATIONS AND UNDERTAKINGS

The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in a sound, complete manner, in accordance with the characteristics specified in the order and, if any, with warranty documents and user manuals, in accordance with consumer legislation.

Based on a justified reason and on condition of informing the Buyer and obtaining their explicit approval, the Seller may supply a different product of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Agreement.

1. BUYER'S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions regulated in the Agreement, the provisions and conditions regulated under this Article 8 will be valid only if the Buyer has the capacity of a consumer within the scope of the relevant legislation.

Right of withdrawal and its use for Buyers who have the capacity of consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

Pursuant to the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;

The Consumer Buyer has the right to withdraw from the contract without showing any reason and without paying any penalty within 14 (fourteen) days from the date the contract was established in contracts related to service performance; from the date of receipt of the goods in distance contracts related to the sale of goods. It is sufficient that the notification that the right of withdrawal has been used is directed to the Seller in writing or with a permanent data storage device within this period. The contact information of the Seller to which the withdrawal notification can be made is as follows:

Full Address: Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul

Fax No: 0212 257 18 18  

Email:  destek@reinamaison.com

The consumer Buyer will be informed following the receipt of the notification regarding the use of the right of withdrawal by the Seller.

The Seller will, within 14 (fourteen) days from the date of receipt of the notification that the consumer Buyer has used their right of withdrawal, refund all payments made by the consumer Buyer to the Seller regarding the relevant goods or services, including the costs of delivering the goods to the consumer Buyer if any, in a way that is suitable for the payment instrument used when purchasing and without imposing any costs or obligations on the consumer, in a single payment.

In case the consumer Buyer uses their right of withdrawal, the shipping company that will take back the product stipulated by the Seller is Kolay gelsin or Yurtiçi Kargo, which the Company has an agreement with. In case of using the right of withdrawal, the consumer Buyer is not held responsible for the return expenses if the goods are sent back through the shipping company specified here. If the consumer Buyer sends the goods to be returned with a shipping company other than the Seller's contracted shipping company specified in this Agreement, the Seller is not responsible for the return shipping costs and the damage the goods will suffer during the shipping process. If the contracted shipping company does not have a branch where the consumer Buyer is located, the Seller is obliged to ensure that the goods intended to be returned are collected from the consumer without requesting any additional costs.

The consumer Buyer must return the goods to the Seller within 10 (ten) days from the date they directed the notification that they have used their right of withdrawal. The invoice, box, packaging of the goods subject to return, if any, standard accessories, and other products gifted due to the purchase of the said goods must also be returned to the Seller completely and undamaged. The consumer Buyer must use the goods in accordance with their operation, technical characteristics, and usage instructions during the withdrawal period, otherwise, they are responsible for the changes and deteriorations that occur in the goods.

The refund of order prices paid through bank accounts or credit cards and their reflection on the consumer Buyer's accounts is entirely related to the bank transaction process, so it is not possible for the Seller to intervene in any way for possible delays. For this reason, it may take a long time for the amount refunded to the consumer Buyer's bank account or credit card to be reflected by the bank to the consumer Buyer's account or credit card.

Pursuant to Article 15 of the Distance Sales Regulation, the consumer Buyer's right of withdrawal does not apply to contracts: (a) related to goods or services whose price depends on fluctuations in financial markets and is beyond the control of the seller or provider, (b) related to goods prepared in line with the consumer's requests or personal needs, (c) related to the delivery of goods that can quickly deteriorate or expire, (ç) related to the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those that are not suitable for return in terms of health and hygiene, (d) related to goods that mix with other products after delivery and cannot be separated by nature, (e) related to books, digital content, and computer consumables presented in material medium if the protective elements such as packaging, tape, seal, package of the goods have been opened after the delivery of the goods, (f) related to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription contract, (g) related to the evaluation of leisure time for accommodation, goods transportation, car rental, food-beverage supply, and entertainment or relaxation purposes that must be performed on a specific date or period, (ğ) related to services performed electronically in the electronic environment or intangible goods delivered to the consumer immediately, and (h) related to services whose performance has begun with the approval of the consumer before the expiry of the right of withdrawal period, and the consumer Buyer cannot use the right of withdrawal within the scope of these contracts.

Complaint and objection procedure for Buyers who have the capacity of consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

All kinds of complaints and objections arising from this Agreement can be made to the Consumer Problems Arbitration Committee or the Consumer Court located in the place of residence of the Buyer or where the consumer transaction was made, according to the monetary limits determined by the Ministry of Trade every year in December.

1. SELLER'S SOLUTION METHOD REGARDING COMPLAINTS

The Buyer can directly (using the Seller's contact addresses specified under the Parties heading above) communicate their complaints about the purchased goods and/or services to the Seller. In case of a complaint, the Seller will provide all possible support to solve the problem.

1. DEFAULT AND ITS LEGAL CONSEQUENCES

In case the Buyer defaults on transactions made with a credit card, they will be responsible to the bank within the framework of the credit card agreement made between them and the cardholder bank. In this case, the relevant bank may resort to legal means and may request the expenses and attorney's fee from the Buyer. In any case, in case of the Buyer's default, the Buyer will be responsible for all kinds of damages and losses suffered by the Seller.

1. INTELLECTUAL PROPERTY

The Buyer acknowledges and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) for the special design techniques used in the designs of products produced by the Seller, texture, pattern, design, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones, and all kinds of graphic design, illustration, drawing, design and the elements used in the design of works and all products offered for sale on the Site belong to the Seller.

All intellectual-industrial rights and property rights belong to the Seller regarding all kinds of information and content on the Site and their arrangement, revision, and partial/complete use; except those belonging to other third parties according to the Seller's agreement. The entirety of the product(s) purchased by the Buyer, a part of it, and/or any information, software, or service obtained from the product cannot be modified, copied, distributed, reproduced, published, subjected to derivative works, transferred, or sold. The Buyer agrees and undertakes not to use the product purchased with this Agreement for illegal purposes and/or in these prohibited ways. In addition to all legal and criminal liability belonging to the Buyer, the Seller reserves all rights to claim compensation and other claims against all claims and demands that may be put forward by third parties or competent authorities against the Seller arising from such unauthorized use.

1. RESOLUTION OF DISPUTES

All kinds of complaints and objections arising from this Agreement can be made to the Consumer Problems Arbitration Committee or the Consumer Court located in the place of residence of the Buyer or where the consumer transaction was made, according to the monetary limits determined by the Ministry of Trade every year in December.

1. OTHER PROVISIONS

The Seller may transfer its rights and obligations arising from this Agreement to third parties without obtaining the Buyer's approval. The Buyer cannot transfer their rights and obligations arising from this Agreement to third parties without obtaining the Seller's approval.

The Buyer acknowledges that in disputes that may arise within the scope of this Agreement, the electronic records, system records, commercial records, ledger records, microfilm, microfiche, and computer records kept by the Seller in its own database or servers will constitute valid, binding, definitive, and exclusive evidence; that they exempt the Seller from the offer of oath and that this article constitutes an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.

Situations that occur outside the control of the Parties that prevent and/or delay them from fulfilling their obligations undertaken with this Agreement without any fault or negligence of the relevant Party are considered as force majeure. (For example, strike, lockout, declared or undeclared war, civil war, terrorist acts, earthquake, fire, flood, similar natural disasters, legislative and administrative acts of any official authority, provided that they do not arise from the inadequacy of any of the Parties, technical failures and delays related to failures and delays originating from other service providers providing internet connection, and similar situations are meant). The Parties are not held responsible for failure to fulfill their obligations fully or on time in these and similar situations, which are beyond their control and which they could not reasonably foresee. The Party whose obligations are affected by any force majeure will notify the other Party in writing as soon as possible and will deliver a document certifying the said force majeure event given by an authorized person or institution to the other Party as soon as possible.

1. ENTRY INTO FORCE

This Agreement was concluded and entered into force by being approved by the Buyer in the electronic environment on the date it was approved online. Transactions made through the Site are considered binding declarations of will in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

The text of this Agreement will be sent to the email address that the Seller has communicated immediately after its approval and will be kept by the Seller for a period of 3 (three) years. The Buyer may, at any time, request access to the copy of this Agreement from the Seller by sending a request to the email address destek@reinamaison.com.

SELLER REINA MAISON TEKNOLOJI TICARET LIMITED SIRKETI

BUYER