Distance Sales Agreement

ARTICLE 1. INFORMATION ABOUT THE SELLER

Title: Sobesoft Web Communication Information Services Trade Ltd. Co.
Address: Barış Mahallesi, Akdeniz Caddesi 8/1, Floor: 2, No: 44, Beylikdüzü, Istanbul, Beyaz Center Business Center
Telephone: +90 (212) 803 51 36
E-Mail: [email protected]

ARTICLE 2. INFORMATION ABOUT THE BUYER

Name/Surname/Title:
Address:
Telephone:
E-Mail:

ARTICLE 3. SUBJECT OF THE AGREEMENT

3.1 The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502, the Regulation on Distance Contracts, and other applicable legislation regarding the sale and delivery of the product(s) specified below, ordered electronically via the Seller’s website https://textilevisor.com (“Website”) by the natural or legal person (“Buyer”) signing this Agreement. For Buyers who are not considered consumers, the provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply.

3.2 The Buyer acknowledges and declares that he/she has been clearly, understandably, and appropriately informed in an online environment by the Seller about the Seller’s name, title, full address, telephone and other contact details, the essential characteristics of the goods subject to sale, the sales price including taxes, payment terms, delivery conditions and costs, the right of withdrawal and how it may be exercised, as well as the official authorities where complaints and objections may be lodged; that he/she has confirmed such preliminary information electronically, and subsequently placed the order under this Agreement.

3.3 The invoice issued for the order placed by the Buyer constitutes an integral part of this Agreement.

ARTICLE 4. PRODUCTS SUBJECT TO THE AGREEMENT, DELIVERY, AND PAYMENT INFORMATION

The Buyer acknowledges and declares that he/she has been informed and has approved, prior to payment, about the type, code, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, shipping cost, and transportation fee of the product(s) ordered electronically.

ARTICLE 5. ORDER & PAYMENT CONDITIONS

The total amount of the selected product(s), including VAT (and total installment amounts in case of installment purchases) and any additional costs such as shipping, shall be processed via the payment method chosen by the Buyer after the Buyer’s confirmation. Following payment, an e-mail regarding the order content shall be sent to the Buyer, and a separate e-mail notification shall be sent once the order is dispatched.

ARTICLE 6. SHIPPING AND DELIVERY CONDITIONS

6.1 The Seller shall deliver the Products through the contracted courier company within a maximum of forty (40) days. If there is no branch of the courier company at the Buyer’s location, the Buyer must collect the Product from the nearest branch within seven (7) days at the latest; otherwise, the Buyer shall be liable for any damages or expenses arising therefrom. If the product is to be delivered directly by the Seller, delivery shall be made to the Buyer or the person/entity indicated at the address, within the statutory period not exceeding 40 days, depending on the distance of the Buyer’s residence, as specified in the preliminary information.

6.2 If the Buyer is not personally present at the delivery address at the time of delivery and the persons at the address refuse to accept the delivery, the Seller shall be deemed to have fulfilled its obligation. If no one is available at the address to receive the delivery, it is the Buyer’s responsibility to contact the courier company and track the shipment. If delivery is to be made to a person/entity other than the Buyer, the Seller cannot be held liable if the recipient is not present or refuses delivery. In such cases, the Buyer shall bear any damages due to late receipt of the Product, as well as costs arising from the Product being held at the courier company or returned to the Seller.

6.3 The Buyer is obliged to inspect the Product upon delivery and to refuse acceptance in case of any damage caused by shipment and request a report from the courier company. Otherwise, the Seller shall not accept liability.

6.4 If delivery of the Product cannot be made within the statutory period due to force majeure, the Seller shall immediately inform the Buyer. In this case, the Buyer may cancel the order or wait until the force majeure event ceases. If the Product cannot be supplied by the Seller, the Buyer shall be clearly notified within three (3) days from the date of such knowledge, and the Buyer shall cancel the order. Upon cancellation, the Seller is obliged to refund the total amount paid by the Buyer and any documents binding the Buyer, within 14 days at the latest. In such case, the Buyer shall not claim any additional material or moral damages from the Seller.

6.5 If, after delivery of the Product, for any reason, the bank/financial institution of the credit card used fails to pay the price of the Product to the Seller or demands reimbursement, the Product must be returned to the Seller by the Buyer within ten (10) days. If non-payment is due to the Buyer’s fault or negligence, shipping costs shall be borne by the Buyer. The Seller’s rights to pursue the Product price receivable, including without limitation legal and contractual remedies, remain reserved.

ARTICLE 7. BUYER’S RIGHT OF WITHDRAWAL AND CONDITIONS OF USE

7.1 The Buyer has the right to withdraw from the Agreement, without giving any reason and without paying any penalty, within fourteen (14) days from the date of delivery of the Product, provided that shipping costs shall be borne by the Buyer. The Buyer may also exercise the right of withdrawal from the conclusion of the Agreement until the delivery of the Product. If the right of withdrawal is exercised after the Product has been handed over to the courier, the Buyer shall be responsible for the shipping costs.

7.2 Unless otherwise agreed in writing by the parties, the Buyer may not exercise the right of withdrawal, even if unused, in respect of the following goods/services:

Goods or services whose prices fluctuate depending on financial market conditions and are not under the control of the Seller,
Goods prepared in line with the Buyer’s requests or personal needs (including customized goods),
Goods whose protective elements such as packaging, tape, seal, or box have been opened after delivery and which are unsuitable for return for reasons of health and hygiene,
Services that have commenced with the Buyer’s consent before the expiry of the withdrawal period.

7.3 To exercise the right of withdrawal, the Buyer must notify the Seller in writing within the specified period.

7.3.2 If the right of withdrawal is exercised after the Product has been delivered to the courier, the Buyer must complete the return form on the back of the invoice delivered with the Product and return the Product, together with its box, packaging, and any standard accessories, intact and undamaged via the courier company. For returns of Products invoiced to legal entities, a return invoice must be issued.

7.4 In case of withdrawal, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days from the date of notification. The return shipping cost shall be borne by the Buyer.

7.5 Provided that the withdrawal right is exercised duly and within the statutory period, the Seller shall refund the Product price and all payments collected, including delivery costs, to the Buyer via the same payment method used by the Buyer within fourteen (14) days from receipt of the withdrawal notice. Delivery costs charged to the Buyer will not be refunded.

7.6 In cases of lawful withdrawal and other cancellations of the order/Agreement, the Seller reserves the right to deduct or reclaim any discounts applied to the Product price and/or any reward points or similar monetary values.

7.7 In cases where the right of withdrawal is not provided by law, or where it is not exercised properly or in time, the Buyer shall lose this right.

7.8 If multiple products are included in the Buyer’s order and the Buyer wishes to return only some of them, the Buyer may exercise the right of withdrawal only after receiving those specific products.

7.9 Products sold via the Website are not accepted for return at the Seller’s physical retail stores.

ARTICLE 8. CONFIDENTIALITY, DATA SECURITY, PERSONAL DATA AND INTELLECTUAL PROPERTY

8.1 The necessary measures for the security of information and transactions entered by the Buyer on the Website are taken by the Seller, to the extent possible with technical means, depending on the nature of the information and the transaction. However, since such information is entered from the Buyer’s device, it is the Buyer’s responsibility to ensure its protection against unauthorized access by unrelated persons, including taking measures against viruses and other harmful applications.

8.2 The Buyer may at any time stop the use/processing of their data and/or communications by contacting the Seller via the specified communication channels. Based on the Buyer’s explicit notification, personal data processing and/or communications shall be stopped within the legally permitted maximum period; and if requested, except for legally required or technically possible data, information shall be deleted from the data system or anonymized. The Buyer may also apply to the Seller regarding the processing of personal data, the recipients of transferred data, corrections of inaccurate or incomplete data, notification of corrected data to third parties, deletion or destruction of data, objection to results arising from automatic analysis, and compensation in case of unlawful processing. Such applications and requests shall be fulfilled within the legal period, or if not accepted, the legal justification shall be explained to the Buyer.

8.3 All intellectual and industrial rights and property rights regarding the information and content of the Website, as well as their arrangement, modification, and partial/complete use, belong to the Seller, except for those owned by third parties as per the Seller’s agreements.

8.4 The Buyer accepts and declares that the personal data provided in this application form are accurate; and that all data, including personal and shopping information provided during membership and orders, may be collected by the Seller and its affiliates, subsidiaries, service providers, shareholders, and employees (“Program Partners”), even if the Buyer’s membership ends, to the extent allowed hereunder. The Buyer also declares that the Seller and/or Program Partners shall not be liable for damages resulting from the Buyer’s failure to update such data or for providing incorrect information.

8.5 The Buyer has been informed of their rights under applicable law: to learn whether their personal data is processed, to request information about such processing, to learn the purpose of processing and whether it is used appropriately, to know the third parties to whom personal data is transferred domestically or abroad, to request correction of incomplete or incorrect personal data, to request deletion or destruction of personal data, to request notification of corrections or deletions to third parties, to object to results obtained by automated systems that may be against them, and to request compensation for damages arising from unlawful processing.

ARTICLE 9. FORCE MAJEURE

9.1 Circumstances not existing or foreseeable at the date of signing the Agreement, beyond the control of the Parties, which render the fulfillment of contractual obligations and responsibilities partially or completely impossible or delayed (such as natural disasters, war, terrorism, uprisings, changes in legislation, seizure, strikes, lockouts, or significant failures in production and communication facilities) shall be deemed force majeure. The Party affected by force majeure shall notify the other Party immediately and in writing.

9.2 During the continuation of force majeure, the Parties shall not be held liable for failure to perform their obligations. If the force majeure lasts for thirty (30) days, either Party shall have the right to terminate the Agreement unilaterally.

ARTICLE 10. JURISDICTION

In case of disputes arising from this Agreement, the Consumer Arbitration Boards within the monetary limits determined and announced annually by the Ministry of Customs and Trade of the Republic of Turkey, and the Consumer Courts for disputes exceeding such limits, shall be competent. Within this framework, the Buyer may apply to the Arbitration Boards and Consumer Courts either in their place of residence or at the Seller’s location.

ARTICLE 11. ACCEPTANCE AND APPROVAL STATEMENT

The Buyer declares that they have read all the terms and explanations set forth in this Agreement and on the Website; that they are informed in advance about the main characteristics/qualities, sales price, payment method, delivery conditions of the Product(s) subject to sale, as well as the Seller and all other preliminary information including the right of withdrawal and personal data; that they have seen and read all such information electronically on the Website; that they accept the content; and that by electronically confirming/approving/consenting to all these, they have ordered the Product and accepted the terms of this Agreement.

I have read the Distance Sales Agreement, accept its content, and approve it.