Distance Sales Agreement
Sales Agreement
PRE-INFORMATION
ARTICLE 1: SELLER INFORMATION
ARTICLE 1.1 – SELLER
Title: ABKO İÇ VE DIŞ TİC. LTD. ŞTİ.
Address: Kaptanpaşa mah. Piyalepaşa Bulvarı Famas Plaza B blok No/77/89 Şişli/İST
Phone: 02122165048
Fax: ******
ARTICLE 1.2 - BUYER
The person who is a member of the colornaturel.com shopping site as a customer. The address and contact information used during membership registration are taken as basis.
ARTICLE 2: CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE
You can examine the basic characteristics of the goods or services at colornaturel.com.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
The type, quantity, brand or model, color, number, sales price, payment method of the good, product, or service consist of the information available at the time the order is finalized.
The shipping cost, which is the product shipping expense, is paid by the buyer and is not refunded.
ARTICLE 3: GENERAL PROVISIONS
The BUYER declares that they have read and understood the pre-information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the colornaturel.com website and have given the necessary confirmation electronically. By confirming this pre-information electronically, the BUYER confirms that they have obtained complete and accurate information regarding the address, basic characteristics 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.
The product subject to the contract shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period specified in the pre-information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days.
The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery of the product to the BUYER.
The SELLER is responsible for delivering the product subject to the contract in a sound, complete, and compliant with the specifications stated in the order, and with warranty certificates and user manuals, if any.
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.
If the SELLER cannot fulfill their contractual obligations due to the impossibility of performance of the ordered product or service, they shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total amount to the BUYER within 14 days.
It is a prerequisite for the delivery of the product that this pre-information form is confirmed electronically. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the credit card belonging to the BUYER by unauthorized persons, without any fault of the BUYER, after the delivery of the product, 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, shipping costs belong to the BUYER.
If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, they are obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of their rights to cancel the order, to replace the product subject to the contract with an equivalent one if available, and/or to postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded in cash and in full within 14 days. In cases where the BUYER makes payments with a credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the refund to the bank is entirely related to the bank's transaction process, the BUYER hereby accepts that the SELLER cannot intervene in any way for possible delays and that the reflection of the amount refunded to the credit card by the SELLER to the BUYER's account by the bank may take an average of 2 to 3 weeks.
ARTICLE 4: RIGHT OF WITHDRAWAL
In distance contracts for the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without undertaking any legal or criminal liability and without stating any reason, within 14 days from the date of delivery of the product to them or to the person/organization at the address indicated by them. In distance contracts for the provision of services, this period starts from the date of conclusion of the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started 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 14-day period, and the product must not have been used within the framework of ARTICLE 5. If this right is exercised:
The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
Return form
The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.
The SELLER is obliged to refund the total amount and the documents that put the buyer into debt to the BUYER within 14 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.
If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for their damages in proportion to their fault.
If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited under the campaign is canceled.
The shipping fee paid when returning the product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.
The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the regulation, the return of goods prepared in line with the BUYER's wishes or explicit personal needs, which are not suitable for return due to their nature and are at risk of rapid deterioration or whose expiry date may pass, and materials whose packaging has been opened by the BUYER is not possible.
In the application of this pre-information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the good or service and where their residence is located are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER can apply to the consumer arbitration committee or consumer court in the place where the good or service was purchased or where their residence is located, within the monetary limits determined by the T.C. Ministry of Industry and Trade every December for complaints and objections. Information on monetary limits is as follows:
Effective from 1/1/2012:
The upper monetary limit for the binding nature of the decisions of consumer arbitration committees or the lower monetary limit for being evidence in consumer courts regarding consumer problems in paragraphs 5 and 6 of Article 22 of the Law on Consumer Protection No. 4077 is 1,161.67 TL.
In paragraph 3 of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized to handle disputes is 3,032.65 TL.
This pre-information is made for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1: PARTIES
1.1 – SELLER
Title: ABKO İÇ VE DIŞ TİC. LTD. ŞTİ.
Address: Kaptanpaşa mah. Piyalepaşa Bulvarı Famas Plaza B blok No/77/89 Şişli/İST
Phone: 02122165048
Fax: ****
Email address: *****
1.2 – BUYER
The person who is a member of the colornaturel.com shopping site as a customer. The address and contact information used during membership registration are taken as basis.
ARTICLE 2: SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER has ordered electronically from the SELLER's colornaturel.com website.
ARTICLE 3: PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand or model, color, number, sales price, payment method of the good, product, or service consist of the information available at the time the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and understood the pre-information on the colornaturel.com website regarding the basic characteristics of the product subject to the contract, its sales price including all taxes, payment method, delivery and that its costs will be covered by the BUYER, the delivery period, and the SELLER's full commercial title, open address, and contact information, and have given the necessary confirmation electronically.
The BUYER; by confirming this agreement electronically, confirms that they have obtained accurate and complete information regarding the address, basic characteristics 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 consumer before the conclusion of distance contracts.
4.2 The product subject to the contract shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period specified in the pre-information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days. All shipping costs related to the delivery shown in Article 3 will be covered by the BUYER and will be reflected on their order invoice under the name "Shipping Fee".
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete, and compliant with the specifications stated in the order, and with warranty certificates and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that there is a just cause.
4.7 If the SELLER cannot fulfill their contractual obligations due to the impossibility of performance of the ordered product or service, they shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER.
4.8 It is a prerequisite for the delivery of the product subject to the contract that a signed copy of this agreement is delivered to the SELLER and its price is paid by the payment method chosen by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.9 The BUYER accepts and undertakes that the credit card information defined in the system during shopping is correct and that all legal and penal liability arising from the use of this credit card belongs to them. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the credit card belonging to the BUYER by unauthorized persons, without any fault of the BUYER, after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, shipping costs belong to the BUYER. If the BUYER does not return the product, in cases where the product price is not collected from the credit card for any reason or the product price is refunded to the credit card, the BUYER accepts and undertakes that the product price will be transferred to the SELLER's bank accounts without the need for any warning.
4.10 If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, they are obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of their rights to cancel the order, to replace the product subject to the contract with an equivalent one if available, and/or to postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded in cash and in full within 14 days.
4.11 Points given to the customer by the SELLER through a campaign are only valid for one purchase. These points are not refunded even if the product is returned.
In cases where the BUYER makes payments with a credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the refund to the bank is entirely related to the bank's transaction process, the BUYER hereby accepts that the SELLER cannot intervene in any way for possible delays and that the reflection of the amount refunded to the credit card by the SELLER to the BUYER's account by the bank may take an average of 2 to 3 weeks.
ARTICLE 5: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw without stating any reason within 14 days from the delivery of the product subject to the contract to them or to the person/organization at the address indicated by them.
However, in products specifically prepared for the BUYER for official holidays, products offered for sale and/or imported, and campaign and promotion products, product returns are not accepted; the BUYER makes their purchase by accepting these conditions.
To exercise the right of withdrawal, a notification must be made to the SELLER by fax or email within the 14-day period, and the product must not have been used within the framework of Article 6. If this right is exercised:
5.1 The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued)
5.2 Return form,
5.3 The products to be returned within the 14-day period must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any. The product price is refunded to the BUYER within 14 days following the receipt of these documents by the SELLER.
The shipping fee for the product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records), and if the invoice is not sent to the SELLER with the product or at the latest within 5 days from the dispatch of the product, the return process will not be carried out, and the product will be sent back to the BUYER with freight collect in the same way. The invoice to be returned with the product will also have the phrase "return invoice" written on it and signed by the BUYER.
ARTICLE 6: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The return of single-use products by nature, products that spoil quickly, or products whose expiry date may pass is not accepted.
ARTICLE 7: DEFAULTS OF THE DEBTOR
In case the BUYER defaults, the BUYER agrees to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to cover any claim for damages and losses.
ARTICLE 8: AUTHORIZED COURT
In the application of this pre-information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the good or service and where their residence is located are authorized up to the value declared by the Ministry of Industry and Trade. The SELLER can apply to the consumer arbitration committee or consumer court in the place where the good or service was purchased or where their residence is located, within the monetary limits determined by the T.C. Ministry of Industry and Trade every December for complaints and objections. Information on monetary limits is as follows:
Effective from 28/05/2014;
8.1) Pursuant to Article 68 of the Law on Consumer Protection No. 6502, it is obligatory to apply to district consumer arbitration committees for disputes with a value below 2000 Turkish Liras, to provincial consumer arbitration committees for disputes with a value below 3000 Turkish Liras, and in provinces with metropolitan status, to provincial consumer arbitration committees for disputes between 2000 Turkish Liras and 3000 Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes above these values.
8.2) For disputes exceeding the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, to the Civil Court of First Instance acting as a Consumer Court.
This pre-information is made for commercial purposes.
ATTENTION: Before signing the cargo receipt, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo official for a report to be kept without signing any document related to the delivery. Your new products will be sent to you immediately by us. colornaturel.com is not responsible for any damage or shortage of the products inside if the cargo package is damaged.
All these terms and conditions are subject to Turkish Law.