DISTANT SALES AGREEMENT
This Distant Sales Agreement ("Agreement") has been electronically signed between the Seller and the Buyer, whose information is given below. The parties acknowledge, declare and undertake that they have read the entire Agreement, fully understood its content and approved all provisions of this Agreement.
Seller’s Corporate Name: CREANDE MİMARLIK DANIŞMANLIK TİC. LTD. ŞTİ.
Seller’s Address: Sedir mah. 725 sok. Çallıoğlu Apt. 2/1 Muratpaşa / ANTALYA / TURKEY
Seller’s Mersis No: 0215057883400001
Seller’s E-mail: email@example.com
ESTABLISHMENT OF THE AGREEMENT
THE BUYER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.
THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE ACTS COVERED UNDER THIS AGREEMENT AND THE MUTUAL PERFORMANCES ARE SUITABLE FOR THE NATURE OF BUSINESS AND THEY HAVE NO INEXPERIENCE FOR THE PROCEDURES AND TRANSITIONS COVERED HEREBY.
THE BUYER AGREES THAT HE/SHE IS AWARE THAT ALL TRANSACTIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF HIMSELF AND HE/SHE WILL ABIDE BY ALL TERMS IN HIS/HER OWN FREE WILL WITHOUT ANY DIFFICULTY OR CONSTRAINT.
THE PARTIES AGREE THAT THE AGREEMENT DOES NOT HAVE ANY UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF BENEFITS.
THIS AGREEMENT DOES NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNFAIR TERMS IN CONSUMER AGREEMENTS. THE PROVISIONS ARE NOT CONTRARY TO THE PRINCLIPLES OF GOOD FAITH AND THEY ARE IN COMPLIANCE WITH THE LAWS ON PROTECTION OF CONSUMERS.
THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS PERFORMED BY THE BUYER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF TO THE NATURE OF THIS AGREEMENT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS AGREEMENT WERE WRITTEN IN A CLEAR AND COMPREHENSIBLE MANNER AND ARE NOT AMBIGUOUS.
SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this agreement is the determination of the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and Regulation for the Distant Sale Agreements, with regard to the sale and delivery of the good(s) qualification and price of which are given below which the Buyer has ordered electronically from the website www.creande.com (“Site”) owned by the Seller.
BASIC QUALIFICATIONS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT
The basic qualifications, sales price, delivery and payment terms of the product subject to this Agreement are as follows:
Product Code and Name
Unit Price (VAT included)
Discount / Coupon
Total Price (VAT included)
PAYMENT AND DELIVERY TERMS
Total product price excluding courier fee:
Total product price including all taxes and courier fee:
Number of installments:
Received carrying charge:
Interest rate used in carrying charge:
Additional cost to be paid by the Buyer:
Person to be delivered:
The total product price stated above is collected from the Buyer by CREANDE MİMARLIK DANIŞMANLIK TİC. LTD. ŞTİ.
The good/goods covered under this Agreement will be delivered to the Buyer or the person/institution at the address designated by the Buyer within a period of 30 (thirty) days as of the receipt of the order by the Seller, for each good depending on the distance of the Buyer’s delivery address, provided that the delivery time will not exceed the legal time period of 30 (thirty) days.
For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be fully and completely paid through the Buyer's preferred payment method. If, for any reason, the product price is not paid, is paid incompletely or the payment is cancelled in the bank records, the Seller is deemed to be free from the obligation to deliver the product.
In case the Seller fails to fulfill its contractual obligations due to the product or service subject to the order becoming impossible to fulfill, the Seller will inform the Buyer in writing or with a permanent data storage within 3 (three) days of the date of becoming aware and the Seller will refund all charged amount including the delivery costs within 14 (fourteen) days as from the notification at the latest.
BUYER’S REPRESENTATIONS AND WARRANTIES
The Buyer accepts, declares and undertakes that the Buyer has read and been informed of the preliminary information on the Site uploaded by the Seller regarding the basic qualifications of the goods or services subject to the Agreement, the sales price and payment method, and the delivery and courier fees, that s/he has given the necessary confirmation electronically, and that s/he is aware of the fact that s/he is under the LIABILITY TO PAY simultaneously with the approval of the order on the Site.
With the confirmation of this Agreement and the Pre-Information Form electronically, the Buyer has confirmed that he has obtained the address, the basic qualifications of the ordered goods or service, the price of the goods or services including taxes, payment and delivery and delivery price information which are required to be given to the Buyer by the Seller before the conclusion of the distant sales agreement correctly and completely.
In case related bank or financial institution fails to pay the product or service price to the Seller after the delivery of the product due to use of Buyer’s credit card unlawfully or by unauthorized persons without Buyer’s fault, the Buyer must return the product or the services to Seller within 3 (three) days if the Buyer has already received the delivery. In this case the delivery costs shall be borne by the Buyer.
In case the products or services covered under this Agreement will be delivered to a person other than the Buyer himself/herself, the Seller will not be held responsible for such person’s rejection of the delivery.
SELLER’S REPRESENTATIONS AND WARRANTIES
The Seller is responsible for delivering the product(s) or services covered under this Agreement to the Buyer in accordance with the consumer legislation, undamaged, complete, having the qualifications defined in the order and if available, together with warranty certificate and user manuals.
As long as there is a reasonable explanation, Seller may supply another product with equal quality and price to the Buyer if Seller notifies and obtains Buyer’s express approval before the expiration of its contractual obligation.
BUYER’S RIGHT OF WITHDRAWAL
The Buyer may exercise his right of withdrawal within 14 (fourteen) days from the date of receipt of the goods by the Buyer or the third party designated by the Buyer in the agreements regarding the delivery of the products, and within 14 (fourteen) days from the date of the agreement for the service performance, without undertaking any legal and criminal liability and
without any justification. The Buyer can also use his right of withdrawal within the period starting from the conclusion of the agreement until the delivery of the goods.
The Buyer can exercise his right of withdrawal by filling out the withdrawal form delivered to him/her with the order or by delivering an express statement stating the withdrawal decision to the Seller. The said form or the express withdrawal statement must be directed to the Seller in writing or with a permanent data provider before the expiry of the right of withdrawal. The contact information of the Seller where the withdrawal notification can be made is as follows:
Address: Sedir mah. 725 sok. Çallıoğlu Apt. 2/1 Muratpaşa / ANTALYA / TURKEY
Within 14 (fourteen) days from the date of receipt of the notification in respect of Buyer’s exercise of its right of withdrawal, the Seller shall refund the Buyer all payments made by the Buyer to the Seller in respect of the relevant goods or services, including the delivery costs, if any, in a lump in accordance with the payment instrument used during the purchase and without imposing any cost or liability to the consumer.
In the event that the Buyer exercises his right of withdrawal, the courier company specified by the Seller that will take the delivery of the product is * In the event that the right of withdrawal is used, if the goods are returned through the courier company specified herein, the Buyer shall not be responsible for the costs related to the return. In the event that the Buyer sends the goods to be returned with a courier company other than Seller’s contracted courier company set forth hereunder, the Seller will not be responsible for the courier costs for the return and any damages suffered by the goods during the cargo process.
The Buyer is required to return the goods to the Seller within 10 (ten) days from the date of the notification in respect of his/her exercise of the withdrawal right. Along with the goods subject to the return, the invoice, box, package, standard accessories, if any, of the respective good and other products gifted due to the purchase of the said good must be returned to the Seller in full and without damage. The Buyer must use the goods in accordance with its operation, technical specifications and instructions for use within the withdrawal period, otherwise it will be responsible for any changes and deteriorations in the product.
CIRCUMSTANCES THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
The Buyer accepts, declares and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases:
Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,
Agreements related to the products which is prepared in accordance with the consumer’s needs or personal requests,
Agreements related to the delivery of goods that may deteriorate quickly or expire,
Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened after the delivery and their return is not suitable for health and hygiene,
Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement,
Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period,
Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,
Agreements for services which are executed with the approval of the consumer before the expiration of right of withdrawal period.
SELLER’S SOLUTION METHOD FOR COMPLAINTS
The Buyer may convey his complaints about the purchased goods and/or services to the Seller directly (using the contact addresses specified under the Seller's Information heading above). If the complaint is submitted, the Seller will provide all possible support to resolve the issue.
DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer goes into default in the transactions made by credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies, and may demand the costs to be incurred and the attorney's fee from the Buyer. If the Buyer goes into default, the Buyer will be responsible under all circumstances for any loss or damage suffered by the Seller.
The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works of the special design techniques, texture, pattern, design, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and works used in the designs of the products produced by the Seller and elements used in its design and all products offered for sale on the Site belong to the Seller.
Regarding all kinds of information and content on the Site and their arrangement, revision and partial/full use; except for those belonging to other third parties according to the Seller's agreement; all intellectual and industrial rights and property rights belong to the Seller. All, part of the product/s purchased by the Buyer and/or any information, software or service obtained from the product may not be changed, copied, distributed, reproduced, published, subjected to derivative works, transferred or sold. The Buyer hereby accepts and undertakes that he will not use the purchased product for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or competent authorities.
In case of disputes related to the agreement, applications for disputes can be made to the Arbitration Committee for Consumer Problems where the Buyer purchased the product or where his/her official residence is located within the monetary limits defined by the Ministry of Customs and Trade every year, and to the Consumer Courts in respect of the disputes above the said value.
This Agreement has been signed and entered into force on the date of […] by being approved electronically by the Buyer. Transactions made through the Site are deemed as binding will statements in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.
The text of this Agreement will be sent by e-mail to the e-mail address sent by the Seller immediately after its approval and will be stored by the Seller for 3 (three) years. The Buyer may request access to the copy of this Agreement from the Seller by applying with a request to firstname.lastname@example.org e-mail address.
CREANDE MİMARLIK DANIŞMANLIK TİC. LTD. ŞTİ.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as“Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers) email address, and phone number. We refer to this information as“Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). In addition it is also used for advertising and retargeting purposes.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/enus/resources/policies/personalized-ads
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com
Returns and Refunds (if applicable)
You may return your order back within 14 days from the date you received your order.
To complete your return, please email us at firstname.lastname@example.org so that a member of our team can arrange the collection of your return.
However, if you are based outside of Turkey, returns and refunds are not eligible at this time.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
We reserve the right to refuse a refund if goods are not returned in a sellable condition or are damaged.
If 14 days have gone by since your receipt of purchase, unfortunately we cannot offer you a refund or exchange.
Returns must be sent back to the below address:
Company Name: CREANDE MİMARLIK DANIŞMANLIK TİC. LTD. ŞTİ.
Adress: Sedir mah. 725 sok. Çallıoğlu Apt. 2/1 Muratpaşa / ANTALYA / TURKEY
Phone: +90 242 354 28 58
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 days (or however long it takes your bank to process).
Late or missing refunds
If you haven’t received a refund yet, please contact your bank first since it may take some processing time before a refund is posted.
If you’ve done it and you still have not received your refund yet, please contact us at email@example.com
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and we will send you further instructions.