Distance Selling Contract
This Contract was prepared due to the obligation for contracts performed on the internet as per the Regulation on Distant Contracts Implementation Procedures and Principles published on Official Gazette dated 27.11.2014 and numbered 29188 and its articles are as follows:
Article 1 – SUBJECT
The subject of this Contract is the rights and obligations of the parties in accordance with the provisions of Law No 6502 concerning the Protection of the Consumer and the Regulation of Distant Sales, concerning the sale and delivery of products with characteristics and selling price specified below, which is sold by the SELLER to the BUYER over the internet site www.555opulence.com.
ARTICLE 2 – PARTIES
2.1 SELLER
Title: 555 OPULENCE DIŞ TİCARET LİMİTED ŞİRKETİ (Mersis: 0001215026100001)
Address: İÇERENKÖY MAH. ÜSKÜDAR-İÇERENKÖY YOLU CAD. ÖZIŞ OFIS ATAŞEHIR NO: 21 İÇ KAPI NO: 6 ATAŞEHİR/ İSTANBUL
Phone: +90 537 626 89 99
Email:
2.2 BUYER
The customer is the user or member of the site named www.555opulence.com. The information provided in the purchase order or membership will be taken as the basis.
ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT
The parties accept and declare that they know and understand their obligations and responsibility arising from Law No. 6502 Concerning the Protection of the Consumer and the regulation of Distant Sales. The main features (type, quantity, description, selling price(VAT included), payment method, and delivery information of the product subject to the contract are located on the SELLER’s website- www.555opulence.com.
ARTICLE 4 – GENERAL PROVISIONS:
4.1.THE BUYER accepts and acknowledges that he/she confirms electronically that:
a) the product on the internet site www.555opulence.com will be delivered with the basic qualities,
b) the selling price including all taxes, delivery fees, and the specified payment method will be paid by the BUYER,
c) that he/she has read and understood the preliminary information concerning delivery time, commercial name of the SELLER, its registered address, and contact information.
THE BUYER, by confirming this contract electronically, confirms that he/she accurately and completely received the information about the address, basic features of the ordered products, and the tax-inclusive prices of products, delivery information and right of withdrawal, and the content of the right of withdrawal prior to the execution of this contract.
4.2. THE BUYER hereby agrees, declares, and undertakes that he/she has read and understood all other preliminary information that is legally mandated to be present due to the Law No 6502 concerning the Protection of the Consumer and the Regulation of Distant Sales and that he/she electronically provided the required confirmation from the website www.555opulence.com .
4.3. The BUYER agrees and acknowledges that an order will be processed and shipped within 3-5 business days subject to availability of the product subject to contract and payment verification. For the avoidance of doubt, the SELLER does not process orders during the weekend and the BUYER further acknowledges that the order processing and shipment may be delayed during major holidays.
4.4 The product subject to contract will typically be delivered within 7-21 days from the date it is shipped, to the BUYER or the person/organization he/she indicates. The BUYER will pay all shipment fees concerning the delivery in Article 3, and he/she will be billed in form of an order invoice.
In the case of international orders, the BUYER will pay all applicable custom and import duties, fees and taxes charged on the product.
4.5 The BUYER agrees and acknowledges that all risk associated with the delivery of the product subject to contract shall be borne by the BUYER upon hand-over of the product subject to contract with the shipment company. The SELLER shall not be responsible for any items lost in transit.
4.6 If the product subject to contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to receive the delivery does not accept it.
In cases where delivery is delayed and ⁄ or the Product cannot be delivered due to problems caused by the shipment company, the SELLER shall not be held liable.
In cases where the Product is not delivered due to the BUYER’s absence at the address given, the SELLER shall not be held responsible for any loss, damages or return fees which occur.
4.7 THE BUYER is responsible for checking the product upon delivery, rejecting the delivery if a cargo-related problem appears on the Product, and making the shipment company’s officer file a report. Otherwise, the SELLER will not accept any responsibility.
4.8 In cases where the delivery of the product or service becomes impossible and the SELLER cannot fulfil its contractual duties, the SELLER will inform the BUYER and may supply a different product of equivalent quality and price to the BUYER, if the item itself is not in the inventory. In that case, the SELLER is considered to have fulfilled its Product Supply duty. In this case, the BUYER has the right to reject the product and terminate the contract.
4.9 If the relevant bank or financing institution does not pay the product’s price to the SELLER following the product’s delivery, because the BUYER’s credit card, banking card, debit card and ⁄or other payment methods on the Internet Site are used by unauthorized persons unjustly or unlawfully; the BUYER is required to return the product (if it was delivered) within 3 (three) days. In such instances, the BUYER bears the shipment expenses.
4.10 The SELLER is responsible to inform the BUYER if the SELLER cannot execute the delivery of the Product subject to contract on time, due to force majeure events or weather conditions, transportation blocks etc. and any other reasons that prevent shipment.
In this case the BUYER has the right to cancel his/her order and terminate the contract, and the SELLER is obligated to return all payments collected including shipment fees to the BUYER in full, within 14 (fourteen) days of the delivery of the termination notice.
4.11. The BUYER must pay the full price of the Product before delivery, unless otherwise agreed upon in writing by the SELLER. If the Product price is not paid to the SELLER in full, the SELLER has the right to unilaterally terminate the contract and refuse to deliver the Product.
If for any reason, the Bank/financial institution that owns the credit card used for payment does not pay the product price to the SELLER or requests the return of the payment after the delivery of the Product, the BUYER shall return the Product to the Seller within 3 days.
If the non-payment of the Product price is due to a fault or negligence of the BUYER, the BUYER shall pay the shipment fee.
ARTICLE 5 RIGHT OF WITHDRAWAL
5.1. The BUYER has the right of withdrawal within 14 (fourteen) days following the delivery of the Product subject to contract to him/her or to the person/organization in the address he/she specifies.
5.2 The Return Address to the SELLER is:
555 OPULENCE DIS TIC. LTD.
19 Mayis, Hamit Kaplan Sk.
2a, 34360 şişli/Istanbul
5.3 To use the right of withdrawal, the BUYER must inform the SELLER within 14 (fourteen) days by e-mailing sales@555opulence.com for instructions to process any return, and the Product shall be in its original sale condition, unused, tags must be unbroken and in a state which can be resold by the SELLER according to the provisions of Article 15- “Exceptions of the Right of Withdrawal” of the Regulation of Distant Sales, published in the Official Gazette dated 27.11.2014 and Article 6 of the electronically signed Distant Sales Contract executed between the Parties.
5.4 In cases where this right is exercised, the box, packaging and standard accessories (if any) of the products to be returned need to be delivered to the SELLER within 10 (Ten) days from the delivery of the right of withdrawal request. When the goods are returned to the SELLER, the original invoice, which was been presented to the BUYER during the delivery of the product, must be returned by the BUYER. The BUYER will bear all return expenses.
5.5 The full Product price shall be returned to the BUYER within 14 days following the receipt of the returned product by the SELLER..
5.6 If the BUYER does not send the goods within 10 (Ten) days following the date on which the notice concerning the right of withdrawal is delivered to the SELLER, the right of withdrawal will be deemed waived.
5.7. To use the right of withdrawal, the packaging of the product must be closed, unharmed and the product should be unused or unworn.
5.8 The BUYER agrees and acknowledges that in the case of international returns initiated as a result of failure to pay the relevant custom and import duties, fees and taxes, the BUYER will be charged a $50 restocking fee deductible from the refund amount.
ARTICLE 6 COMPETENT COURT
This Contract is subject to the laws of the Turkey. The Consumer Arbitration Committees and the Consumer Courts in the SELLER’s region have exclusive jurisdiction up to the value set by the Republic of Turkey Trade Ministry in the execution of this contract.