ARTICLE 1 PARTIES

 

1.1-SELLER

Title: Kadir Tarık Ediz Textile Industry and Trade Inc.

Mersis: 0486053805300025

Telephone : 02122224532

Fax: 02122215028

Email address: tarikediz@tarikediz.com

 

1.2-BUYER

Name/Surname/Title:

Address:

Telephone :

Email address:

 

ARTICLE 2 SUBJECT

The subject of this agreement is the sale and delivery of the product(s) ordered electronically by the BUYER from the website www.tarikediz.com, the code, name, quantity and sales price of which are specified in Article 3.1, and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection.

 

ARTICLE 3 DETERMINATION OF THE SUBJECT MATTER OF THE AGREEMENT, PAYMENT AND DELIVERY.

 

3.1 - PRODUCTS

The basic characteristics of the goods or services can be found at www.tarikediz.com.

The prices listed and advertised on the site are the selling prices. Advertised prices and terms are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

All taxes on the goods or services subject to this contract are included in the sales price.

 

3.2 - DELIVERY METHOD AND PLAN

Delivery Address:

Recipient:

Delivery Time (Estimated Delivery to Shipping):

Billing Information :

Product/Service Description:

Payment Method:

Card Number:

 

3.3 LATE PAYMENT INTEREST

Since payment will be made in cash or by credit card, no late payment interest will be applied by the SELLER.

 

ARTICLE 4 GENERAL PROVISIONS

4.1) The BUYER declares that they have read and are aware of the basic characteristics of the product, the sales price and payment method, preliminary information regarding delivery, general and specific explanations and policies on the website www.tarikediz.com, and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery, return and cancellation information, which must be provided to the BUYER before the conclusion of distance contracts.

4.2) The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that the legal 30-day period is not exceeded. If the shipping company that will make the delivery does not have a branch in the BUYER's location, the BUYER must pick up the product from another nearby branch that will be notified by the SELLER (The BUYER will be informed about this matter via email, SMS or telephone).

4.3) The SELLER cannot be held responsible for any problems the shipping company may encounter during the delivery of the product to the BUYER, resulting in the product not being delivered to the BUYER. If the BUYER is not present at the address at the time of delivery and the persons at the address refuse delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the shipping company and track the shipment. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the recipient is not present at the address or refuses delivery.

In these cases, any damages resulting from the BUYER's delayed receipt of the Product, as well as expenses incurred due to the Product waiting at the shipping company and/or the return of the shipment to the SELLER, shall be borne by the BUYER. The BUYER is responsible for inspecting the Product upon receipt and, if any problems caused by the shipping company are found, for refusing the Product and having a report drawn up by the shipping company representative. Otherwise, the SELLER will not accept responsibility.

4.4) The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.

4.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

4.6) If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and refund the total amount to the BUYER within 10 business days.

4.7) Confirmation of this Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.

4.8) If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.

4.9) If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days. For payments made by credit card, the product amount will be returned to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.

4.10) If the BUYER is a legal entity, it will not be able to exercise its 'consumer rights', including the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are always considered to be of this nature).

If the shipping company delivering the package does not have a branch in the BUYER's location, the BUYER must pick up the package from another nearby branch that will be notified by the SELLER (the BUYER will be informed about this via email, SMS or phone).

The BUYER may call the Customer Service number free of charge to obtain information about their orders and to submit complaints, or send a written notification to the email address …

 

ARTICLE 5 REFUND PROCEDURE

• In cases where the BUYER exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is awarded to the BUYER by an arbitration committee, the SELLER will refund the entire amount received to the credit card used for the payment in a single transaction within 14 days. The bank will refund the payment to the CUSTOMER's credit card in the same number of installments as the CUSTOMER paid for the product. If the refund date and the card's statement date do not coincide, one refund will be credited to the card each month, and the installments paid before the refund will be credited to the CUSTOMER's card for the same number of months after the installments for the sale are completed, and will be deducted from their current debt.
• In case of return of purchased products; the SELLER will refund the entire amount collected to the credit card used for the payment in a single transaction. The bank will make the refund to the BUYER's credit card in the same number of installments as the BUYER paid for the product in. If the return date and the card's statement date do not coincide, one refund will be credited to the card each month, and the BUYER will receive the refunds for the installments paid before the return for the same number of months after the sale installments are completed, and these amounts will be deducted from their current debt.

The BUYER acknowledges and agrees that they have read and accepted this procedure.

 

ARTICLE 6 RIGHT OF WITHDRAWAL

Below are the situations and products (evening gowns, wedding dresses, and accessories) for which the right of withdrawal cannot be exercised. Wedding dresses, engagement dresses, evening gowns, and accessories, which by their nature fall under the category of PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED, cannot be exchanged or returned unless the product is defective. The BUYER may exercise their right to withdraw from a distance contract for the sale of goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the address indicated, without incurring any legal or criminal liability and without giving any reason. In distance contracts for the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer's consent before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or e-mail within the 14-day period and the product must be unused, in accordance with the provisions of Article 5-e. If this right is exercised,

a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) The application form specified when exercising the right of withdrawal,

c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault. Custom-made products and items cannot be returned by the SELLER. Products requiring hygiene, such as earrings, cannot be returned by the SELLER. Products for which the right of withdrawal is to be exercised must be unused. Technological products whose packaging has been opened once cannot be returned by the SELLER.

f) If, due to the exercise of the right of withdrawal, the amount of the shopping voucher issued by the SELLER falls below the usable amount, the shopping voucher amount used within the scope of the campaign will be cancelled.

 

However, legally, there is no right of withdrawal in contracts relating to the following goods/services, even if they have not been used/utilized:

a. Goods prepared in accordance with the BUYER's specific requests or personal needs (including those modified or supplemented to be specific to the person/personal needs, and special products imported/procured domestically or abroad based on the BUYER's order)

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

(b) Contracts relating to goods prepared according to the consumer's wishes or personal needs.

In this context, if a product is tailored to the consumer's body measurements, customized with their chosen color, model, fabric, or other preferences, and subsequently altered with processes such as embellishments or alterations, it will be considered a custom-made product. In this case, the consumer will not have the right to withdraw from the contract and therefore cannot request a return. The exception to this rule is when the custom-made product is clearly contrary to the consumer's wishes or when the product is defective. If the consumer orders online and there is no difference between the product image and the product received, then there will be no discrepancy; only their rights regarding defects will remain reserved.

b. Perishable goods or goods that may expire quickly, such as cosmetics and food items like chocolate.

c. Goods such as cosmetics, swimwear, underwear, etc., whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and whose return is not suitable for health and hygiene reasons.

d. goods that become mixed with other products after delivery and are by their nature impossible to separate

e. books, CDs, DVDs, audio and video recordings, software, and all other digital content products, as well as computer consumables, from which the protective elements such as packaging, tape, seal, and wrapping have been opened; vi) all services performed instantly in electronic form and all intangible goods delivered instantly to the consumer.

f. Goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller/supplier.

g. Periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

h. Services to be provided on a specific date or during a specific period, including accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation.

i. Services that have commenced to be performed within the withdrawal period with the BUYER's approval, and

j. Other goods and services generally considered outside the scope of distance selling under relevant legislation, and cases where the BUYER makes the purchase for commercial/professional purposes.

 

ARTICLE 7 COMPETENT COURT

In the implementation of this agreement, the District/Provincial Consumer Arbitration Boards and the Consumer Courts in the place of residence of the BUYER or SELLER are authorized, in accordance with the relevant provisions of Law No. 6502, up to the value declared by the Ministry of Industry and Trade. These are the authorities to which the BUYER shall apply.

By placing an order, the BUYER is deemed to have accepted all the terms and conditions of this agreement.

This Agreement is made for commercial purposes.

SELLER: Kadir Tarık Ediz Textile Industry and Trade Inc.

BUYER :