Distance Sales Contract

DISTANCE SALES CONTRACT

1. PARTIES TO THE CONTRACT

 This Contract is hereby executed by the following parties electronically upon the communicated requirement and acceptance thereof; 

(The SELLER and the Customer shall be referred to as a “Party” individually and “Parties” collectively.)

2. DEFINITIONS

 In the application and interpretation of this Contract, the following written terms shall refer to the definitions provided opposite to them.

Ministry: Republic of Turkey Ministry of Trade,

Law: Consumer Protection Law No. 6502,

Regulation: Distance Contracts Regulation No. 29188 dated 27.11.2014,

Product(s): Textile products and similar goods to be sold under the brand name Viola&Vesper,

Website: The website of the Seller, namely https://viola-vesper.com

Contract: This distance sales contract concluded between the Seller and the Customer.

3. SUBJECT OF THE CONTRACT

3.1. The subject of this Contract is to regulate rights and obligations of the Parties regarding the sale and delivery of the Products ordered by the Customer electronically via the Website in conformity with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation No. 29188.

4. GOODS OR SERVICES COVERED BY THE CONTRACT, PAYMENT AND DELIVERY 

 The types, quantities, brands, models, colors and sales values, inclusive of VAT, of the Product or Products constituting the subject matter of this Contract are as indicated below:

5. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer accepts, declares and undertakes that the sales price and delivery costs of the Product or Products subject to this Contract shall be borne by the Customer, that he has read the preliminary information form regarding the full trade name, full address and contact information of the Seller, has been informed accurately and completely and has given the necessary approval in the electronic environment.

5.2. The Customer accepts, declares and undertakes in accordance with the provisions of this Contract that he/she is informed about the basic characteristics, sales price, payment method, delivery conditions and all other preliminary information and the right of withdrawal of the Product or Products subject to sale, confirms these preliminary information in electronic environment and then orders the Products.

5.3. The delivery of the Product or Products to the carrier is made as soon as possible after the stock is available and the sales price reaches the Seller's bank account. 

5.4. The Seller accepts, declares and undertakes that it is responsible for the delivery of the Product or Products subject to the Contract to the Customer in full, in accordance with the qualifications specified in the order, with the warranty documents and user manuals, if any, and the information and documents when necessary. 

5.5. If the Seller declares that the delivery fee shall be covered by itself or that it shall make free delivery within the scope of a campaign, the delivery cost shall in that case belong to the Seller. However, if no declaration regarding free delivery is made, any shipping costs shall be borne by the Customer. 

5.6. The Customer shall inspect the Product or Products subject to the Contract during delivery but before receiving them, and shall not receive any dented, broken, torn packaging or similar damaged and defective Products from the carrier.

5.7. The Customer accepts, declares and undertakes that the Product or Products received from the carrier shall be deemed to have been delivered to him/her in full, undamaged and intact. It is the Customer's responsibility to carefully protect the Product after delivery. If the right of withdrawal is to be exercised, the Product or Products in question should not to be used. The relevant sales invoice must also be returned. If the Product returned by the exercise of the right of withdrawal are found to have been used, the Seller reserves the right to refuse the return request of the Product.

5.8. The Customer hereby agrees, declares and undertakes that he/she is obligated to return the Product to the Seller within 3 (three) days of delivery and meet delivery costs to be incurred in the event that the credit card held by the Customer is blocked/cancelled for any reason whatsoever thereby preventing transfer of whole or any part of the sales price to the Seller.

5.9. In the event that the sales price of the Product or Products is not paid or payment is cancelled for any reason whatsoever, the Seller shall be considered having been relieved of its obligation to deliver the Product covered by this Contract provided that the Products have not been delivered by then.

5.10. The Parties hereby agree, declare and pledge that in cases where the Product or Products are to be delivered to a person/entity other than the Customer, and that Person/entity refuses to accept delivery, the Seller shall in that case not be liable in connection therewith.

5.11. In cases where the Seller considers that the delivery of the Product is impossible, the Seller shall inform the Customer accordingly in due time. The sum paid and documents, if any, shall be returned to the Customer within 10 (ten) business days or the Product is replaced if opted by the Customer.

5.12. The Seller shall not be held liable for failing to deliver the ordered Product to the Customer's delivery address, due to any reason attributable to the carrier.

5.13. If the Customer shops with credit card with payments in instalments, the method of instalments specified in this Contract applies. 

5.14. The Seller reserves the right to stop the processing of the order if it deems that the information given by the Customer is not accurate. 

5.15. The Customer, shall be liable for any and all losses sustained by the Seller for breaching the provisions of this Contract. The Seller shall not be liable for any consequential, indirect, incidental losses towards the Customer or third parties. In addition, a decision by the Seller not to exercise an option or right granted to him/her herein shall under no circumstances be interpreted as a waiver from such right and option.

6. RETURNS

6.1. The Customer shall place any request for return or replacement within 3 (three) days from delivery of the Product to the Delivery Address specified in this Contract. In deliveries overseas, it will be at the sole discretion of the Seller to approve or deny a request of return. The Customer accepts, declares and undertakes in advance that he/she knows that the product will not be replaced or returned where his/her request is not found genuine or appropriate by the Seller.

6.2. The Product or Products intended to be returned must be in an unused condition allowing the Seller to put them on sale again. In cases of returns and replacements, the Product must be delivered to the Seller in a complete and undamaged condition along with:

1. The invoice of the Product or Products delivered to the Customer’s Delivery Address specified in this Contract (in cases where the invoice of the Product or Products intended to be returned is corporate, products must be sent with the return invoice issued by the relevant entity upon return. Order returns for invoices that are issued to any corporate bodies may not be processed IF NO RETURN INVOICE IS ISSUED),
2. Filled Return Form,
3. Box(es), packages or all accessories, if any, of the Product or Products.

6.3. The return order for the price paid for the Product shall be placed with the Seller’s bank within 10 (ten) business days from receipt of the items listed in Article 6.2 if and where a request of return is approved by the Seller.

6.4. Upon return of the Product or Products to the Seller, the original invoice submitted to the Customer during delivery must also be returned to the Seller and no return request shall be processed unless the invoice is sent back with the Product. 

6.5. The phrase, “return invoice” shall be written and signed by the Customer on the invoice to be returned.

6.6. Any refund shall be made to the bank account that the Customer used in placing the order. 

7. PRODUCTS NOT ELIGIBLE FOR RETURN

 Special items such as custom-made (special orders or personalized items), limited-edition or made-to-order items cannot be returned. If the product is not suitable for return by nature, or if it becomes impossible to resell, such products cannot be accepted for return. Products produced for special days, weeks and events including but not limited to the Christmas, New Year’s Eve, Valentine's Day, Father's/Mother's Day cannot be returned. It is not possible to return products subject to special import/export procedures as well. Return requests for underwear, socks, swimming/beach clothing and swimsuits will not be accepted for hygienic reasons.

8. FORCE MAJEURE

8.1. Conditions that do not exist or are not foreseen at the date of execution of the Contract, that develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfil their obligations and responsibilities hereunder, or to fulfil them on time, shall be considered as force majeure (Natural disaster, war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party who faces force majeure shall notify the other party by e-mail immediately.

8.2. During the continuation of the force majeure, the parties shall not be liable for any failure to fulfil their obligations. If the force majeure event continues for 90 (ninety) days, each party shall have the right to terminate the Contract unilaterally.

9. JURISDICTION

 This Contract shall be governed by the laws of the Republic of Turkey and any dispute arising from there shall be subject to the exclusive jurisdiction of the Central Courts of Istanbul.

10. NOTICES

 Any notices, warnings and notifications to be served as per this Contract shall be served by e-mail, at the e-mail addresses of the Parties designated in Article 1 of this Contract.  The Parties hereby agree that their e-mail addresses designated in the Contract are their respective notice addresses and that unless any change of address shall be notified to the other Party within five (5) business days from the change, notices to be served at the previous address shall be valid and effective.

11. FINAL PROVISIONS

11.1. This Contract, comprising of 11 (eleven) articles is hereby executed by the Parties on [*DYNAMIC*]. The preliminary information form located on the payment page of the website, https://viola-vesper.com, and on invoices as well as contents of Refund Policy and Terms and Conditions published on the Website are integral parts of this Contract and are incorporated herein. The Parties hereby agree, declare and pledge that they have fully read, understood and accepted this Contract in its entirety, that the information provided by each of them is correct and that any provisions hereof are effective. By approving this Contract via the specifically prepared platform of the Site, the Customer is hereby considered as having agreed to any terms hereof.

11.2. When the Customer makes the payment for the Product or Products ordered through the Website, he/she shall be deemed to have accepted all the terms and conditions of this Contract as well as the contents of the Refund policy, Terms and Condition and Shipping Policy published on the Website.