Distance Sales Contract
SHOPPING AGREEMENT, TERMS OF USE AND SALES AGREEMENT
PARTIES
SELLER : Sukkah Perfumes
Title: SUKKAH COSMETICS TRADING LIMITED COMPANY
Address: HOCAPAŞA MAH. MURADİYE STREET. SAF HAN NO: 25 INSIDE DOOR NO: 501 FATİH/ ISTANBUL
Phone: +905065089918
E-mail: info@sukkahperfumes.com
Tax Identification Number: 7821361098
BUYER :
Name/Surname/Title:
Address :
Telephone :
Email :
The address and contact information of the person who becomes a member of www.sukkahperfumes.com as a customer (`BUYER`) is given when registering to the site.
BUYER accepts that Sukkah Perfumes products are sold on the website sukkahperfumes.com.
Subject
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the DISTANCE CONTRACTS REGULATION published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the SELLER to the BUYER.
CONTRACTUAL PRODUCT INFORMATION
The type of product, quantity, model, color, number, sales price, payment method consist of the information at the time the order is finalized.
GENERAL CONDITIONS
4.1. The BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and all information regarding delivery of the product or products subject to the contract and has given the necessary confirmation electronically.
4.2. The product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 7-day period.
4.3. Delivery costs are not included in the product price. Product shipping costs will be paid separately by the BUYER. SELLER will use its best commercial efforts to ship the product using a suitable carrier and shipping method. Shipping/courier costs will be stated separately to the BUYER during the order.
4.4. SELLER may change the products and prices offered on the website due to, but not limited to, changes in market conditions, discontinuation of product sales, product shortage, manufacturer's change of prices or errors in advertisements. Although the lists for all products are updated daily, some of the ordered products may be out of stock in SELLER. In such cases, the relevant departments of SELLER will inform the BUYER via e-mail and a refund will be made to the credit card for the product price.
4.5. If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the delivery is made does not accept the delivery, the BUYER cannot exercise the right of withdrawal or request a refund for this reason. In this case, the delivery is made to the BUYER's address.
4.6. In accordance with the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration or have a possible expiration date, sound or image recordings, software programs and computer consumables that are prepared in accordance with the BUYER's requests or clearly in line with their personal needs, if their packaging has been opened by the BUYER. Cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging has not been opened, has not been tested, is not damaged and has not been used.
4.7. The SELLER is responsible for the delivery of the contractual product in good condition, complete and in accordance with the specifications specified in the order.
4.8. For the delivery of the contractual product, it is required that the signed copy of the contract be delivered to the SELLER electronically and the price be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.9. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the BUYER will be obliged to pay the relevant price to the SELLER immediately.
4.10. Situations that do not exist and are not foreseen at the time the contract is established, that develop beyond the control of the SELLER, and that make it impossible for the SELLER to fulfill its obligations and responsibilities undertaken under the contract partially or completely on time, shall be deemed as force majeure (natural disaster, war, terror, riot, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities...). In the event of force majeure, the SELLER shall notify the BUYER of the situation immediately and in writing, if the force majeure situation allows. No liability shall arise due to the SELLER's failure to fulfill its obligations during the continuation of the force majeure. In such a case, the BUYER may exercise one of the rights of canceling the order and/or postponing the delivery period until the elimination of the impeding situation. If the BUYER does not indicate to the SELLER which of these rights he/she wishes to exercise during the period the force majeure continues, the BUYER shall be deemed to have canceled the order. If the BUYER cancels the order, the amount paid will be paid to him/her in cash and in a lump sum within 10 days.
4.11. During the delivery of the product from the carrier to the BUYER, the BUYER must inspect the product. If there is a visible defect in the product, the product should not be accepted and should be sent to the SELLER.
4.12. According to Law No. 4077, goods that are contrary to the quality or quantity affecting the quality stated on their packaging, labels, promotional guides or advertisements and announcements or declared by the SELLER or determined in their standards or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of allocation or usage purpose are considered defective goods. The BUYER is obliged to notify the SELLER of the defect at the time of delivery of the goods and to refrain from accepting delivery. In this case, the BUYER has the right to withdraw from the contract, including the refund of the price, or to request the replacement of the goods with a defect-free equivalent.
4.13. The Parties have agreed that the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services or where he/she resides will have jurisdiction up to the value declared by the Ministry arising from the implementation and interpretation of the Agreement.
RIGHT OF WITHDRAWAL
5.1. BUYER; in distance contracts regarding the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she indicated, as a company principle, he/she may use the right to reject the product and withdraw from the contract without giving any reason within 15 (fifteen) days. In distance contracts regarding the provision of services, this period starts from the date the contract is signed. BUYER must notify SELLER of the use of the right of withdrawal within this period. SELLER's business days are weekdays except Saturday and Sunday, and BUYER may use the right of withdrawal between 09:00-17:00 on the said days. BUYER may notify the SELLER of the withdrawal request and all other objections and complaints in writing to the SELLER's address specified above or by phone or e-mail to www.sukkahperfumes.com or by calling +905065089918. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the seller or provider in a clear and understandable manner on the issues specified in the regulation and that he/she will be under a payment obligation if he/she approves the order, and the BUYER accepts in advance that he/she has been informed. The right of withdrawal cannot be used in service contracts where the service is started with the consumer's approval before the expiration of the right of withdrawal period. Expenses arising from the use of the right of withdrawal belong to the SELLER.
5.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out under Article 4.6. In case of exercise of this right,
- a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
- d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 10 (ten) days.
- e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for damages to the extent of his fault.
- f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, and products that have passed their expiration date. The use of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, undamaged, and the product has not been used.
All kinds of cosmetic products
Perfume etc.
Ambient Odors etc.
Vehicle Fragrances etc.