Distance Sales Agreement
1. PARTIES
SELLER
Name: BELİZ FIRTINA (YUZU CONCEPT)
Address: Yenigün Mah. Gazi Osman Paşa Blv. Niyazi Ersoy İş Merkezi No: 61 İç Kapı No: 401, Konak / İzmir, Türkiye
Tax Office: Kemeraltı
Phone: +90 533 711 2811
Email: info@yuzuconceptstore.com
BUYER (CONSUMER)
The buyer's name and surname, delivery address, phone and email details, along with the order number, the name and code of the product purchased, the product price, shipping cost, total sale price, payment method, and invoice details, consist of the information the buyer entered on the website at the time of ordering, and are communicated to the buyer together with the order summary. This Agreement is deemed to have been executed on the date the buyer electronically confirms the order.
2. SUBJECT OF THE AGREEMENT
This Agreement has been prepared in accordance with the provisions of the Distance Contracts Regulation, published in the Official Gazette dated 27.11.2014 and numbered 29188, which entered into force on 27.02.2015, pursuant to Articles 48 and 84 of Law No. 6502 on the Protection of Consumers dated 07.11.2013.
The Seller and the Buyer, being the parties to this Agreement, accept and declare that, together with this Agreement, they are aware of and understand their obligations and responsibilities arising from the Law on the Protection of Consumers and the Distance Contracts Regulation.
3. GENERAL PROVISIONS
3.1. The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities relating to the performance of this Agreement belong to the parties to the Agreement. This Agreement enters into force on the date it is electronically confirmed by the Buyer.
3.2. The Buyer accepts and declares that they have read and understood all information regarding the characteristics of the product covered by the Agreement and the conditions of sale, as well as the order, payment, and/or use information contained on the website regarding order and payment terms, and that they have given the necessary electronic approval for the purchase of this product.
3.3. The Seller is responsible for delivering the product covered by the Agreement in a sound, complete condition, consistent with the specifications listed. Information provided by the Buyer must be accurate and complete. The Buyer accepts responsibility for any damages arising from inaccurate or incomplete information, and any liability arising from such circumstances belongs to the Buyer.
3.4. If the product covered by the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to whom delivery is to be made refuses to accept delivery.
3.5. If, for any reason, the price of the product is not paid, or is cancelled in the bank's records by the Buyer or third parties, the Seller is deemed relieved of the obligation to deliver the product.
3.6. The Seller reserves the right to halt an order in cases it deems necessary, where the information provided by the Buyer does not match reality. If the Seller detects a problem with the order and cannot reach the Buyer through the phone number, email, or electronic mail address provided by the Buyer, the Seller will suspend the processing of the order for a period of 15 (fifteen) days. The Buyer is expected to contact the Seller regarding the matter within this period. If no response is received from the Buyer within this period, the Seller will cancel the order in order to prevent harm to either party.
3.7. Expenses, costs, and other damages arising from the Buyer's delay in accepting delivery of the product belong to the Buyer.
3.8. Except where the shipping cost is shown as free on the product page on the website, the shipping price is added to the total order amount and paid by the Buyer. The shipping cost is not included in the product price.
3.9. If the Seller is unable to deliver the product covered by the Agreement within the period due to force majeure or extraordinary circumstances preventing transportation, such as adverse weather conditions or interruption of transportation, the Seller is obliged to notify the Buyer of the situation. In this case, the Buyer may exercise one of the following rights: cancellation of the order, replacement of the product covered by the Agreement with an equivalent if available, and/or postponement of the delivery period until the impeding circumstance is removed. If the Buyer cancels the order, the amount paid will be refunded to them in cash and in a single payment within 10 (ten) days.
3.10. Persons under the age of 18 may not purchase products offered for sale by the Seller.
3.11. The Buyer accepts that, since installment sales are made only with bank credit cards, they are aware that they must separately confirm the relevant interest rates and default interest information with their bank.
3.12. Purchases can be made on the website using a credit card. The Buyer accepts and declares that, in accordance with applicable legislation, provisions relating to costs, fees, interest, and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer, and that the Seller has no obligation in this regard.
3.13. The Seller is not responsible for pricing errors arising from system errors. Accordingly, the Seller is not liable for promotional or pricing errors that may arise from the system, design, or unlawful interference with the website. The Buyer may not assert any claim of right against the Seller based on system errors.
3.14. The Buyer accepts, declares, and undertakes that the information relating to them specified in this Agreement is the information they entered on the website, that this Agreement will remain valid based on the information provided by them even if they enter this information incorrectly or incompletely for any reason, and that the Seller has no obligation to verify the accuracy and validity of the information provided by the Buyer.
4. RIGHT OF WITHDRAWAL
The Buyer may exercise their right of withdrawal from the agreement within 14 (fourteen) days from the date of delivery of the purchased product to themselves or to the person/organization at the address indicated, by notifying the Seller, rejecting the goods without incurring any legal or criminal liability and without giving any justification.
The procedure for exercising the right of withdrawal, the return conditions, and the products for which the right of withdrawal cannot be exercised pursuant to Article 15 of the Distance Contracts Regulation (including underwear bottoms, swimsuit and bikini bottoms, cosmetic and personal care products, products whose return is inappropriate for health and hygiene reasons once the packaging has been opened, and products prepared specifically for the individual) are set out in detail on the Shipping & Returns page, which forms an integral part of this Agreement.
Notification of the right of withdrawal shall be made through the Seller's contact details set out in Article 1 above.
5. PROVISIONS ON DEFAULT
If the parties fail to perform their obligations arising from this Agreement, the provisions on the debtor's default set out in Article 117 et seq. of the Turkish Code of Obligations shall apply. In cases of default, if either party fails, without just cause, to perform its obligations within the period, the other party shall grant the defaulting party a period of seven days to perform the obligation in question. If performance still does not occur within this period, the right shall arise to demand performance from the defaulting party, and to demand delivery of the goods and/or termination of the agreement and refund of the price.
6. FORCE MAJEURE
Circumstances that did not exist and were not foreseeable at the time the agreement was signed, that arise outside the control of the parties, and that render it partially or wholly impossible, or impossible to perform in a timely manner, for either or both parties to fulfil the obligations and responsibilities they have undertaken under the agreement, shall be considered force majeure (natural disaster, war, terrorism, insurrection, changes in legislation, seizure or strike, lockout, major breakdowns in production and communication facilities, etc.). In such cases, the Parties shall not be held liable for their failure to fulfil their obligations arising from the Agreement.
7. COMPETENT COURT
In the application of this Agreement and in disputes that may arise, the Consumer Arbitration Committees at the place of residence of the Buyer or the Seller shall have jurisdiction up to the value announced each year by the Ministry of Trade, and the Consumer Courts shall have jurisdiction for disputes exceeding that value.
This Agreement has been read, accepted, and confirmed by the Buyer electronically. Matters not regulated in this Agreement shall be governed by the provisions of Law No. 6502 on the Protection of Consumers and other relevant legislation.
This Agreement was drawn up on the date of the Buyer's electronic approval and entered into force on the date it was electronically confirmed by the Buyer.
