01Parties
This Agreement is concluded between the parties identified below under the following terms and conditions.
“BUYER” (hereinafter referred to as the “BUYER”)
Full name:
Address:
“SELLER” (hereinafter referred to as the “SELLER”)
Name / Trade name:
Address:
By accepting this Agreement, the BUYER acknowledges in advance that, upon approving the order, the BUYER will be obliged to pay the order price and any additional charges stated, including shipping fees and taxes, and confirms having been informed accordingly.
02Definitions
For the application and interpretation of this Agreement, the following terms have the meanings set out below:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the supply of goods, performed or promised in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf or for the account of such supplier,
BUYER: Any natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: Any natural or legal person requesting goods or services through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to shopping and intangible goods such as software, audio and images prepared for use in electronic form.
03Subject
This Agreement regulates the rights and obligations of the parties under Law No. 6502 on Consumer Protection and the Distance Contracts Regulation concerning the sale and delivery of products whose characteristics and sales prices are stated and which the BUYER orders electronically through the SELLER's website.
Prices listed and announced on the Site are sales prices. Announced prices and commitments remain valid until updated or changed; prices announced for a limited period remain valid until the end of that period.
04Seller Information
Trade name: IVERA TEKSTIL VE KOZMETIK SANAYI TICARET LIMITED SIRKETI
Address: Selahaddin Eyyubi Mah. 1596. Sk. C Blok No: 20 Esenyurt/Istanbul, Türkiye
Telephone: Our telephone information will be updated.
Email: info@iverasilk.com
05Buyer Information
Recipient:
Delivery address:
Telephone:
Fax:
Email / username:
06Ordering Party Information
Name / Surname / Trade name:
Address:
Telephone:
Fax:
Email / username:
07Product Information
7.1. The essential characteristics of the goods, products or services, including type, quantity, brand/model, colour and number, are published on the SELLER's website. If the SELLER runs a campaign, the essential characteristics of the relevant product may be reviewed during the campaign. Campaign terms remain valid until the stated date.
7.2. Prices listed and announced on the Site are sales prices. Announced prices and commitments remain valid until updated or changed; prices announced for a limited period remain valid until the end of that period.
7.3. The sales price of the goods or services subject to this Agreement, inclusive of all taxes, is displayed in the order summary and at checkout.
Product description:
Quantity:
Unit price:
Subtotal (VAT included):
Shipping charge:
Total:
Payment method and plan:
Delivery address:
Recipient:
Billing address:
Order date:
Delivery date:
Method of delivery:
7.4. Unless otherwise stated, shipping costs shall be paid by the BUYER.
08Billing Information
Name / Surname / Trade name:
Address:
Telephone:
Fax:
Email / username:
Invoice delivery: The invoice shall be delivered together with the order to the billing address at the time of delivery.
09General Provisions
9.1. The BUYER acknowledges, represents and undertakes that the BUYER has read and understood the preliminary information on the SELLER's website concerning the essential characteristics, sales price, payment method and delivery of the product, and has provided the necessary electronic confirmation. By confirming the preliminary information electronically, the BUYER acknowledges having received accurately and completely, before conclusion of this Agreement, the SELLER's required address details, product characteristics, tax-inclusive prices, and payment and delivery information.
9.2. Each product shall be delivered to the BUYER or to the person or organisation at the address designated by the BUYER within the period stated in the preliminary information, depending on distance, provided that the statutory period of 30 days is not exceeded. If delivery cannot be made within this period, the BUYER retains the right to terminate the Agreement.
9.3. The SELLER accepts, represents and undertakes to deliver the product completely, in conformity with the qualities stated in the order, together with any warranty documents, user manuals and necessary information and documents, free from defects and in compliance with applicable law; to maintain and improve service quality; and to exercise due care and diligence in performance.
9.4. Before the performance period expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER's express consent.
9.5. If performance of the ordered product or service becomes impossible, the SELLER shall notify the consumer in writing within 3 days of becoming aware of the impossibility and refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees to confirm this Agreement electronically for delivery and acknowledges that the SELLER's delivery obligation shall end if the product price is not paid for any reason or the payment is cancelled in bank records.
9.7. If, after delivery, the price is not paid to the SELLER by the bank or financial institution due to unlawful use of the BUYER's credit card by unauthorised persons, the BUYER agrees to return the product within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver on time due to unforeseeable force majeure events beyond the parties' control that prevent or delay performance, the SELLER shall inform the BUYER. The BUYER may request cancellation, replacement with an equivalent product where available, or postponement until the impediment ceases. Upon cancellation, cash payments shall be refunded in full within 14 days and credit card payments shall be refunded to the relevant bank within 14 days. The time for the bank to credit the refund is entirely dependent on the bank's processing procedures.
9.9. Subject to applicable law, the SELLER may contact the BUYER through address, email, telephone and other contact details supplied at registration or subsequently updated, for communications, notifications and permitted marketing activities.
9.10. The BUYER shall inspect the product before accepting delivery and shall not accept damaged or defective products, including products that are crushed, broken or have torn packaging, from the carrier. Products accepted are deemed undamaged and sound. The BUYER must protect the product with due care after delivery. If the right of withdrawal is exercised, the product must not be used and the invoice must be returned.
9.11. If the BUYER and the cardholder are not the same person, or a security issue relating to the card is detected before delivery, the SELLER may request the cardholder's identity and contact details, the previous month's card statement, or a bank letter confirming ownership. The order may be suspended until the documents are provided and may be cancelled if the request is not fulfilled within 24 hours.
9.12. The BUYER represents and undertakes that all personal and other information supplied when registering is accurate and shall compensate the SELLER upon first demand for losses caused by inaccurate information.
9.13. The BUYER agrees to comply with applicable law while using the Site. Otherwise, all resulting civil and criminal liabilities shall bind the BUYER.
9.14. The BUYER may not use the Site in a manner that disrupts public order, violates public morality, harasses others, is unlawful, or infringes the material or moral rights of others, and may not engage in activities such as spam, viruses or similar actions that obstruct the services.
9.15. The Site may contain links to third-party websites or content not controlled by the SELLER. These links are provided solely for convenience and do not constitute endorsement of, or any warranty regarding, those websites or their content.
9.16. A member who breaches one or more provisions of this Agreement is personally responsible for the civil and criminal consequences and shall hold the SELLER harmless. The SELLER reserves the right to claim compensation for breach if the matter is brought before legal authorities.
10Right of Withdrawal
10.1. Where the distance contract concerns the sale of goods, the BUYER may withdraw by rejecting the goods without civil or criminal liability and without giving any reason, provided that the SELLER is notified within 14 (fourteen) days from delivery to the BUYER or to the person or organisation designated by the BUYER. For service contracts, this period begins on the date the contract is concluded. The right of withdrawal cannot be exercised for services whose performance begins with the consumer's consent before the withdrawal period expires. Costs arising from exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges having been informed of this right.
10.2. To exercise the right of withdrawal, written notice must be sent to the SELLER within 14 days by registered mail, fax or email, and the product must remain unused subject to the provisions under “Products for Which the Right of Withdrawal Cannot Be Exercised.” In such case:
a) The invoice for the product delivered to the BUYER or a third party must be returned. Where the invoice was issued to a legal entity, the entity's return invoice must also be supplied; corporate returns cannot be completed without it.
b) A return form must be supplied.
c) The returned product must be delivered complete and undamaged with its box, packaging and any standard accessories.
d) The SELLER is obliged to refund the total amount and return any documents placing the BUYER under an obligation within no more than 10 days from receipt of the withdrawal notice and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to the BUYER's fault, the BUYER shall compensate the SELLER in proportion to that fault. The BUYER is not responsible for changes or deterioration resulting from proper use during the withdrawal period.
f) If exercise of the right of withdrawal causes the order to fall below a campaign threshold, the campaign discount shall be cancelled.
11Products Excluded from the Right of Withdrawal
The right of withdrawal cannot be exercised for products prepared at the BUYER's request or clearly personalised and unsuitable for return; goods liable to deteriorate rapidly or expire; goods whose packaging has been opened after delivery and whose return would be unsuitable for health or hygiene reasons; goods that become mixed with other products after delivery and cannot by their nature be separated; periodicals such as newspapers and magazines other than those supplied under subscription agreements; services performed instantly in electronic form; or intangible goods delivered instantly to the consumer.
Under the Regulation, audio or video recordings, books, digital content, software, data recording and storage devices, and computer consumables cannot be returned once their packaging has been opened by the BUYER. The right of withdrawal also cannot be exercised for services whose performance begins with the consumer's consent before the withdrawal period expires.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes and stationery consumables may be returned only if their packaging is unopened and the products have not been tried, damaged or used.
12Default and Legal Consequences
If the BUYER defaults on a credit card payment, the BUYER acknowledges, represents and undertakes that interest may be payable under the credit card agreement with the card-issuing bank and that the BUYER shall be liable to the bank. The bank may pursue legal remedies and claim resulting costs and legal fees from the BUYER. In all cases, where the BUYER defaults, the BUYER agrees to compensate the SELLER for losses caused by delayed performance.
13Competent Court
Complaints and objections arising from this Agreement shall be submitted, within the monetary limits prescribed by applicable law, to the consumer arbitration committee or consumer court at the consumer's place of residence or the place where the consumer transaction took place.
Effective from 28/05/2014:
a) Under Article 68 of Law No. 6502 on Consumer Protection, disputes below TRY 2,000.00 shall be submitted to district consumer arbitration committees,
b) Disputes below TRY 3,000.00 shall be submitted to provincial consumer arbitration committees,
c) In metropolitan municipalities, disputes between TRY 2,000.00 and TRY 3,000.00 shall be submitted to provincial consumer arbitration committees.
This Agreement is concluded for commercial purposes.
14Entry into Force
When the BUYER completes payment for an order placed through the Site, the BUYER is deemed to have accepted all terms of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain confirmation, before completion of the order, that the BUYER has read and accepted this Agreement.
SELLER:
BUYER:
DATE:
