Distance Sales Contract
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
SELLER
Seller Name / Title: Aperlae Living
Seller’s Full Address:
Seller’s Phone:
Seller Mersis No:
Seller E-Mail Address:
BUYER
Name and surname :
Address:
Telephone :
Email :
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Sales Agreement (hereinafter “Agreement”) has been arranged in accordance with the Law No. 6502 on the Protection of Consumers (“Law”) and the Regulation on Distance Contracts. The parties of this Agreement accept and declare that they know and understand the obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.
2.2. The subject of this Agreement; is the sale and delivery of the goods or services with the qualifications specified in the Agreement, where the Buyer has electronically ordered the purchase of the goods or services belonging to the Seller from the website www.aperlaeliving.com owned by Aperlae Living (“Website”) and the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts.
2.3. The conclusion of this Agreement will not prevent the execution of the provisions of the Website Membership Agreements concluded by the parties separately with Aperlae Living,
ARTICLE 3- BASIC QUALIFICATIONS AND PAYMENT TERMS OF THE AGREEMENT SUBJECT GOODS AND SERVICES
3.1. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. If any product on the Website is listed at an incorrect price or information due to typographical errors or inaccuracies, the Seller reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after the Buyer has submitted his/her order). The Seller shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price.
3.2. The product price and the exchange rate for payment may vary depending on the location in where the Buyer is residing. The payment of the products purchased by the Buyer residing in Turkey shall be done in Turkish Lira exchange rate and the payment of the products purchased by the Buyer residing outside of Turkey shall be done in Euro and USD exchange rates.
3.3. Although the Seller takes all appropriate measures to ensure the products shown on the Website faithfully represent the original products, certain variations are possible due to your computer’s technical characteristics and color resolution. Consequently, the Seller does not guarantee the graphic representation of any monitor’s display will be accurate.
3.4. While payment via credit card may be made in single installment, payments may be made in multiple installments depending on the contracts made with banks seasonally. Installment and possible later interest shall be at the discretion of the relevant bank.
Total product price excluding shipping:
Shipping fee:
Total Cost Including Shipping:
Payment Method and Plan:
3.5. Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using 3D Secure Technology, an encryption protocol that protects data as it travels over the Internet.
3.6. Payment of the product prices and relevant shipping costs must be made by following the procedures indicated during checkout. The price for the purchase of products and the corresponding shipping costs, as indicated in the purchase summary, will be charged to your current account at the moment of the purchase.
3.7. The Seller is responsible for securely storing and automatically processing order data including credit card information. For payment, you must confirm on the Website that you are the cardholder and that the name indicated on the credit card is yours, providing the credit card number, expiration date, and security code indicated on the card. Upon completing the order, your bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. This authorization is not a debit. If for any reason, the amounts due cannot be debited, the sale won’t be completed.
ARTICLE 4- DELIVERY OF THE GOODS AND METHOD OF DELIVERY
4.1. The Agreement has entered into force upon being approved by the Buyer electronically, and it is fulfilled by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person (s) specified. Any damages and expenses which may result from acceptance of the product by a person at the delivery address other than the Buyer shall not be the responsibility of the The Seller. In case of delivery to the person at the delivery address, this delivery shall be considered to be a delivery to the Buyer. The Seller shall be considered to have fulfilled its obligations.
4.2. For international orders, The Seller ships worldwide and provides Standard and Express shipping options. All orders are sent by DHL, FedEx,……. all of which require a signature.
4.3. Delivery time starts one business day after the date of the order. All orders are processed and shipped from Monday through Friday, at the following times: 9:00-18:00 (GTM+3). The Seller does not process or ship orders on Saturday, Sunday, and Turkish holidays.
ARTICLE 5- DELIVERY COSTS, CUSTOMS AND IMPORT DUTIES
5.1. Unless otherwise, the delivery costs of the goods belong to the Buyer. If the Seller declares on the Website that the delivery fee will be covered by him/her, the delivery costs will be borne by the Seller.
5.2. Delivery of the goods; after the payment is made within the promised time. The Seller delivers the goods or services within 30 (thirty) days from the order of the goods or services by the Buyer, without prejudice to the cases where the fulfillment of the goods or services subject to the order becomes impossible.
5.3. If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the goods or services.
5.4. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date of learning about this situation and all the payments collected, including the delivery costs, if any, will be sent at the latest 14 (fourteen) days from the notification date, will refund in.
5.5. The Buyer shall accept that he/she may be liable for duties & taxes charges are based on the sales tax applied by his/her delivery country for purchases coming from Turkey, duties charged for processing by his/her delivery country, and the classification of that merchandise following a harmonized system. The payment of these is necessary to release your order from customs on arrival. The Seller is unable to guarantee the cost of fees upon delivery. If the duties & taxes charges are not paid, the order will be returned to the Aperlea Living and the Buyer will not be refunded any of the shipping charges.
A standard 8% KDV will be applied to all orders shipped to Turkey
ARTICLE 6 – BUYER’S DECLARATIONS AND COMMITMENTS
6.1. The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or service, the sales price and payment method, and the delivery and shipping costs on the Website, and that he has given the necessary confirmation electronically.
6.2. Buyers can submit their requests and complaints as consumers by using the above-mentioned Seller contact information and / or via Aperlea Living website and/or by sending email to info@aperlealiving.com.
6.3. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery. It also confirms that it has received the delivery price information accurately and completely. The Buyer shall be responsible for promptly checking the product at the time of delivery, refuse the product in case of any problems related with the product or cargo, and issuing a report with the cargo company’s officer. In case of no determination and notification regarding the product status, then the product received shall be considered to be free from damages.
ARTICLE 7 – RIGHT TO WITHDRAW
7.1. The Buyer can exercise the right of withdrawal granted to her as per relevant regulations, within 14 (fourteen) days following the delivery of the product(s) he/she ordered and confirmed through the this hereby Preliminary Information Form without any justification and without being subject to any penalty.
7.2. For the Buyer to exercise of the right of withdrawal she must notify the The Seller in writing within the said period, the product(s) must not be those which do not allow exercising the right of withdrawal as per the Distant Sales Regulation published in the Official Gazette dated 27.11.2014 and Consumer Protection Law no. 6502, or must not be used, worn or washed and must be with all labels intact and where relevant hygiene straps must be in place.
7.3. The Buyer shall be required to send the goods back to the Seller’s return address specified in Article 1, within 10 days following the notice regarding the exercise of the right of withdrawal.
7.4. Right of withdrawal does not apply to product(s) which were customised in line with the Buyer’s requests, through modifications, changes, or additions prior to the order. The Buyer shall not exercise the right of withdrawal for the cases related but not limited agreements:
7.5. Orders can be exchanged for different colors and sizes, according to stock availability. All items in the Sale section are non-refundable. Any item(s) marked as final sale are not eligible for refunds, store credit, or exchange.
7.6. In case of withdrawal, original shipping or return shipping costs, customs fee and duties shall be borne by the Seller. In the event you return item(s) from an order that was qualified for free shipping, a shipping fee will be deducted from your refund.
7.7. In case of withdrawal, the product price of the returned product shall be refunded using the original payment method of the Buyer within 14 (fourteen) days following the receipt of the product. For refunding via credit cards, the period of refund may vary due to the bank.
7.8. In case that the refund is made in a currency other than …EURO/TL??……., the refund amount shall be subject to change based on the exchange rates applicable at the date of refund. The customer agrees, declares, and undertakes that it shall not make any claim for any difference between the amount paid and the refund amount due to such reason.
7.9. In the case of withdrawal, if the returned product does not satisfy the conditions of return policy, the product shall be delivered back to the same address without making any extra payment.
7.10. The Buyer shall be ensure to accurately include all the necessary documentation for Customs clearance with the parsel. The Seller cannot be held responsible for parcels that are detained at Customs because of lacking or insufficient documentation.
ARTICLE 8 – FORCE MAJEURE
8.1. Circumstances which did not exist or could not have been anticipated on the signature date of this Agreement as well as reasons beyond the reasonable control of the parties (including but not limited to natural disasters, epidemic, war, terrorist actions, rebellion, amended legislation provisions, confiscation or strike, lock out, significant failure in production and communication facilities etc.) which prevent and/or delay either or both of the parties performing their obligations hereunder, in whole or in part, shall be deemed as a force majeure event. The party faced with force majeure event shall immediately notify the other party in writing.
8.2. During the course of force majeure, parties shall not be liable for their failure to perform their obligations hereunder. If such force majeure event lasts more than 30 (thirty) days, each party shall be entitled to unilaterally terminate this Agreement.
ARTICLE 9 – SETTLEMENT OF THE DISPUTES
Turkish Law shall govern any dispute that may arise from the implementation and interpretation of the present Agreement, or the Agreement itself. The Buyer may, for the settlement of any disputes arising under Law No. 6502 regarding the implementation of the present Agreement, file a claim before the Consumer Arbitration Committees for claims up to the limit announced by the Ministry of Customs and Trade, and the Consumer Courts of Istanbul for any disputes in excess of said limit. In case of discrepancies between the two versions, the Turkish version shall prevail.
This Agreement including 9 articles is issued in English on ……………. by the Parties