DISTANCE SALES AGREEMENT
1.1-SELLER
Title: POSEIDOWN SOLE PROPRIETORSHIP
Address: YAKUPLU MAH. 50. SK. No:30 Inner Door No:3
Instagram: @poseidownwear
Email address: info@poseidown.com
1.2-BUYER
Name/Surname/Title:
Address:
Phone:
Email address:
ARTICLE 2 SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502, regarding the sale and delivery of the product(s) ordered by the CUSTOMER electronically from the website www.poseidown.com, whose code, name, quantity, and selling price are specified in Article 3.1.
ARTICLE 3 DETERMINATION OF ISSUES RELATED TO THE PRODUCT, PAYMENT, AND DELIVERY SUBJECT TO THE CONTRACT
3.1-PRODUCTS
The main features of the goods or services are available at www.poseidown.com.
The prices listed and advertised on the site are selling prices. Advertised prices and promises
are valid until updated and changed. Prices advertised for a limited period
are valid until the end of the specified period.
All taxes for the good or service subject to the contract are included in the selling price.
3.2-DELIVERY METHOD AND PLAN
Delivery Address:
Person to be Delivered to:
Invoice Information:
Product shipments will begin within a maximum of 2 business days after the product is supplied by POSEIDOWN SOLE PROPRIETORSHIP. Shipping is free for orders over 1000 TL. For orders under 1000 TL, the shipping cost, which is the product shipment expense, will be paid by the BUYER.
3.3 DELAY INTEREST
Since payment will be made in cash or by credit card, no delay interest will be applied by the SELLER.
ARTICLE 4 GENERAL PROVISIONS
4.1) The BUYER declares that they have read and understood the preliminary information regarding the basic characteristics, selling price, payment method, and delivery of the product subject to the contract on the website www.poseidown.com and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER confirms that they have accurately and completely obtained the address, basic features of the ordered products, the price of the products including taxes, and payment and delivery information that must be provided by the SELLER to the BUYER before the conclusion of distance contracts.
4.2) The product subject to the contract will be delivered to the BUYER or to the person/organization at the address indicated, within the period explained 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.
4.3) The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.4) The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals, if any.
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 cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it will notify the consumer of this situation before the expiration of the performance obligation arising from the contract and will refund the total amount to the BUYER within 10 business days.
4.7) For the delivery of the product, it is mandatory to confirm this Preliminary Information Form electronically. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.8) If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not originating 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 them. In this case, the shipping costs belong to the BUYER.
4.9) If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent if available, and/or postpone the delivery period until the hindering situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in full within 10 days. In the case of payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after its return to the bank is entirely related to the bank's processing period, 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 refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 REFUND PROCEDURE
In cases where the CUSTOMER exercises their right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided for the CUSTOMER by arbitration committee decisions, the SELLER will refund the entire amount collected to the credit card from which the collection was made, in a single payment, within 7 days. By the bank, if the CUSTOMER purchased the product with installments, the refund will also be made in installments to the CUSTOMER's credit cards in the same number of installments. If the refund date and the card's statement closing dates do not coincide, 1 (one) refund will be reflected on the card each month, and the CUSTOMER will receive the installments they paid before the refund for as many months as the number of installments they paid before the refund after the sales installments are completed, and these will be deducted from their current debts.
In case of return of purchased products; the SELLER will refund the entire amount collected to the credit card from which the collection was made, in a single payment. By the bank, if the CUSTOMER purchased the product with installments, the refund will also be made in installments to the CUSTOMER's credit cards in the same number of installments. If the refund date and the card's statement closing dates do not coincide, 1 (one) refund will be reflected on the card each month, and the CUSTOMER will receive the installments they paid before the refund for as many months as the number of installments they paid before the refund after the sales installments are completed, and these will be deducted from their current debts.
The CUSTOMER accepts and undertakes that they have read and accepted this procedure.
ARTICLE 6 RIGHT OF WITHDRAWAL
The BUYER; in distance contracts for the sale of goods, can exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason, within 7 (seven) business days from the date of delivery of the product to them or to the person/organization at the address indicated. 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 begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within the 7-business-day period, and the product must not have been used within the framework of the provisions of article 5-e. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
b) The petition stating the exercise of the right of withdrawal,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and the documents that put the buyer in debt to the BUYER within a maximum of 10 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. Personalized measurements and products 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 not have been used. Technological products whose packaging has been opened once cannot be returned by the SELLER.
f) If the amount of the shopping voucher used within the scope of the campaign falls below the amount required to use the shopping voucher issued by the SELLER due to the exercise of the right of withdrawal, the amount of the shopping voucher will be canceled.
ARTICLE 7 AUTHORIZED COURT
In the application of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or the SELLER, are authorized. These are the authorities to be applied to by the Buyer. If the order is placed, the BUYER is deemed to have accepted all terms of this contract. This Contract has been made for commercial purposes.