Mesafeli Satış Sözleşmesi

 

DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

SELLER

Trade Name:

Fiora Secret

Company Name:

Fiora Secret

Address:

Nispetiye Mh. Cahit Aybar Sk. No:2

Beşiktaş / İstanbul – Türkiye

E-mail:

info@fiorasecret.com

Phone:

+90 532 318 08 14

 

BUYER

(Information provided during the order process)

Full Name:

Address:

Phone:

E-mail:

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

This Agreement regulates the rights and obligations of the parties in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of goods/services with the characteristics specified in this Agreement.

The Buyer places an electronic order through www.fiorasecret.com or other domain names connected to the service provided by Fiora Secret (the “Website”) for the purchase of products belonging to the Seller.

The parties acknowledge and declare that Fiora Secret is not a party to any relationship other than the Seller role within this agreement and assumes no responsibility regarding the obligations of the parties under this Agreement.

ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS

The type, quantity, brand/model, color and sales price including taxes of the product(s) subject to the Agreement and the delivery information are as follows:

Payment Method and Plan:

Payment via the online virtual POS system using a credit card issued by ………. Bank.

Installment payment: ……. months / monthly payment ………… TL

or

Cash payment: ………… TL

Interest Applied for Installments: ………

Interest Rate Used for Installment Calculation: ……… %

Shipment will begin within 3 business days following the order.

Delivery will be completed within 7 business days.

Delivery Address:

Recipient:

Billing Address:

ARTICLE 4 – DELIVERY OF THE GOODS

This Agreement enters into force once approved by the Buyer electronically and shall be fulfilled upon the delivery of the goods/services purchased by the Buyer from the Seller.

The goods/services will be delivered to the person(s) located at the address specified by the Buyer in the order form and in this Agreement.

ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE

Delivery costs of the goods/services belong to the Buyer unless otherwise stated on the Website.

If the Seller declares on the Website that the delivery fee will be covered by the Seller, then delivery costs will belong to the Seller.

Delivery will be made within the committed period after payment confirmation and provided that the product is in stock.

The Seller undertakes to deliver the goods/services within 30 (thirty) days from the order date and reserves the right to extend this period by an additional 10 (ten) days with written notification.

If the payment is not made or is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the goods/services.

ARTICLE 6 – DECLARATIONS AND UNDERTAKINGS OF THE BUYER

The Buyer declares that they have read and understood the preliminary information provided by the Seller on the Website regarding:

  • the basic characteristics of the product

  • the sales price

  • payment method

  • delivery conditions

and confirms this electronically.

Buyers acting as consumers may submit their requests and complaints through the communication channels specified above.

If the Buyer accepts the product from the courier company despite visible damage such as torn packaging, broken or defective items, the responsibility belongs entirely to the Buyer.

Products received from the courier are considered delivered intact and undamaged.

If after delivery the Buyer’s credit card is used unlawfully by unauthorized persons and the relevant bank does not pay the product price to the Seller, the Buyer is obliged to return the goods within 3 (three) days, provided that the goods have been delivered.

In such case, return shipping costs belong to the Buyer.

ARTICLE 7 – DECLARATIONS AND UNDERTAKINGS OF THE SELLER

The Seller is responsible for delivering the goods/services subject to the Agreement to the Buyer in accordance with consumer legislation, complete, undamaged and in conformity with the specifications stated in the order.

If the Seller cannot deliver the product within the specified period due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to inform the Buyer as soon as possible.

If the goods/services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if that person refuses to accept delivery.

ARTICLE 8 – RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product or signing of the Agreement without giving any reason and without incurring any legal or penal liability.

The Seller undertakes to take back the goods upon receiving the withdrawal notice.

Withdrawal notifications must be sent through the Seller’s communication channels specified above.

Since FIORA SECRET is not a party to this distance sales agreement, the right of withdrawal or refund cannot be claimed directly against Fiora Secret.

In case of withdrawal:

a) The product delivered to the Buyer or a third party designated by the Buyer must be returned.

b) Within 7 (seven) days, the product must be returned complete with its box, packaging, standard accessories and any promotional items provided with the product.

Following the receipt of the withdrawal notice, the product price will be refunded within 10 (ten) days using the same payment method used by the Buyer.

The original invoice must also be returned with the product.

Return shipping costs are borne by the Seller.

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised in the following cases:

  • Service contracts where the service has started with the consumer’s approval before the withdrawal period expires

  • Goods whose prices are determined in financial markets beyond the Seller’s control

  • Products prepared according to the consumer’s requests or personal needs

  • Goods that are not suitable for return due to hygiene reasons once opened

  • Audio/video recordings, software and computer consumables whose packaging has been opened

  • Periodicals such as newspapers or magazines

  • Betting and lottery services

  • Digital services performed instantly in electronic environment

ARTICLE 10 – RESOLUTION OF DISPUTES

If a dispute arises and cannot be resolved with the Seller, consumers may apply to:

  • Consumer Arbitration Committees for disputes below the legally determined financial limits

  • Consumer Courts for disputes exceeding those limits

Applications may be submitted to the arbitration committee or court located in the consumer’s place of residence or where the product was purchased.

ARTICLE 11 – PRICE OF GOODS/SERVICES

Discounts, coupons and other promotional campaigns offered by Fiora Secret are reflected in the final sales price.

ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults on credit card payments, the Buyer shall pay interest to the issuing bank in accordance with the credit card agreement.

The bank may initiate legal proceedings and claim legal expenses and attorney fees from the Buyer.

In case of default, the Buyer agrees to compensate the Seller for any damages resulting from delayed payment.

ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT

The parties agree that the official books, commercial records, database records and electronic data of Fiora Secret constitute binding and conclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure.

ARTICLE 14 – EFFECTIVENESS

This Agreement consisting of 14 articles has been read by the parties and entered into force immediately upon electronic approval by the Buyer.