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Distance Sales Contract
ARTICLE 1-DISTANCE SALES CONTRACT
The subject of hereby this contract is to determine the rights and liabilities of the parties, in accordance with the Provisions of the Regulation (numbered 4077) on Applications Methods of Law and Distance Contracts for the Protection of Customers, in relation to the sale and delivery of the products. The Buyer accepts and undertakes that he knows about all pre-information and the right of withdrawal in relation of essential features, where and how to officially complain, selling price, means of payment, terms of delivery etc. of the products; that he has confirmed this pre-information online and ordered products afterward according to the contractual provisions. The pre-information service and invoice on the website https://www.happyroseberry.com are the integrated part of this contract.
ARTICLE 2-PRODUCT/PAYMENT/DELIVERY INFORMATION
Online purchased product(s)’s type, quantity, model,brand, sales price, paymend type, receiver, delivery address, invoice details, shipping cost is as stated below. Agreeing to this contract is to be the same person as the receiver of the invoice. The information below has to be complete and true. When the information is not complete or correct then the BUYER is liable and responsible to accept to cover for all the loss regarding to the incorrect or incomplete information. When the SELLER deems necessary SELLER holds the right to stop the order when the BUYERs information is not true. When the SELLER finds a problem with the order the SELLER is not able to inform the BUYER with the e-mail and telephone number the BUYER has provided the SELLER freezes the processing of the order for 15 days. In this period the BUYER is expected to contact to the SELLER. If in this period the SELLER is not contacted by the BUYER, the SELLER cancels the order so that neither party is harmed.
ARTICLE 3- Purchased product(s)
Total sales price: …. -TL
Payment: Credit card/ Bank transfer (EFT)
Receiver of the Invoice:
Address for Invoice:
Tax registration number:
Shipping fee: … -TL
ARTICLE 4- DATE OF AGREEMENT AND ACT-OF-GOD
Date of the agreement is ../../…. When the BUYER ordered.
Conditions which inhibit the parties to take on the responsibilities that they have according to the contract and which were not present at the time of the singing of the agreement or conditions that prevent the parties to fullfill their responsibilities within the timeframe agreed upon by this contract are considered as acts-of god (Natural disasters, wars, terror, uprisings, changing regulations, eviction, strike, major distruption of communication and production lines, etc) Any such event will be reported in writing by the party in the situation.
During the continuation of the act-of-god situation the party will not be liable of the lack of ability to fullfill their responsibilities.
If the act-of-god event continues for 30 days any of the parties have the right to one sidedly denounce the agreement.
ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. Seller accepts and agrees to comply with fully to the responsibilities that are in the agreement with the Consumer protection act number 4077, regarding the regulations on distant sales agreements except the conditions that are defined as acts-of-god.
5.2. Anyone younger than 18 cannot shop from Anatolica. SELLER will accept the age that is stated in the agreement to be true. But if the age is written incorrectly SELLER will not be held liable.
5.2. For any pricing errors due to system errors http://www.happyroseberry.comis not held liable. Regarding this the SELLER is not liable about the advertisement or pricing errors that may arise from actions taken against the website through illegal means. Regarding the system errors the SELLER cannot demand from the BUYER.
5.3. At https://www.happyroseberry.compayments can be made via credit card (Visa, MasterCard, Amex vs.) or bank transfer. Purchases whose payment is not completed with 1 week of the order are cancelled. The starting time for the processing of the order starts not when the order is sent but when the payment is received through credit card or the arrival of the bank transfer is confirmed. Money orders, Post checks or cash on delivery services without consulting customer services are not accepted.
ARTICLE 6-RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. Buyer in the contract except for force majeure acts uploaded to it fully accepts and undertakes to comply.
6.2 The buyer accepts the terms of business contracts, along with giving the order count and conforming to the form of payment specified in the contract accepts and undertakes to make the payment.
6.3 The buyer acknowledges and agrees https://www.happyroseberry.com from the website of the vendor's name, title, street address, telephone and other access information, sold the subject goods basic attributes, taxes, including the sales price, form of payment, terms of delivery and expenses related to the subject goods on sale all vs. the preliminary information and the right to use, and the "revocation", how to use this right, complaints and objections regarding the official authorities, etc. for delivering clear, understandable and properly onto the internet is familiar with the preliminary information is electronically confirmed.
6.4 Pursuant to a previous article Buyer declares that the required confirmation is given electronically for order/payment/procedure for the use of information and knowledge on the product regarding the product ordering and payment terms, product use instructions, and of the measures taken against the possible situations at www.happyroseberry.com
6.5 If the buyer wishes to return the product received under any circumstance whatsoever guarantees not to damage the product and packaging, return the original invoice and packaging.
ARTICLE 7-order/PAYMENT PROCEDURE
The price of the products in the basket are processed through a Bank Pos Device from the relevant bank including the VAT prices ( in payments with installments total amount of installments) after the buyer confirms the price. Therefore, the orders are sent to the order confirmation to the customer before being shipped. Shipment is not done before order confirmation request is sent.
Any disruptions in the process or situation that may arise related to problems about the credit card are to be reported with any or all of telephone/fax/e-mail that the BUYER provided in the agreement. If necessary, the buyer may be asked to contact the bank. The time of processing the order, is not when the order was placed, but when the collection was made through the credit card or money transfer (EFT's) is confirmed by us.
In the exceptional case of realizing that the goods subject of the agreement cannot be aquired for a rightful reason and/or a stocking problem is faced with the buyer is to be clearly and openly informed and with the buyers confirmation and consent the buyer may be provided with equal quality goods with an equal price or within the wish or the choice of the buyer a new product can be sent, wait for the product to be in stock or wait for the removal of another obstacle and/or the order may be cancelled.
In cases where the obligation to deliver is impossible regarding the goods in agreement the buyer is notified of the situation and full amount paid for goods or any documents that makes the buyer owing is returned to the buyer within days and the contract is cancelled. In such a case there will be no demand for the material and moral damages from the seller to the buyer.
In https://www.happyroseberry.com users who do not wish to use their credit card information may select the option of cash transfer. In payments by bank transfer the buyer can select the most suitable bank for transfer. If payment was made through EFT, the date of receiving the payment will be taken into account. For bank transfers and / or EFT while "Sender Information" is required to be the same as the invoice details and the order number must be written.
After the delivery of the goods to the buyer, if the bank or the financial institution does not pay for the price of the goods to the seller for the reason that the credit card of the buyer was used unrightfully and unlawfully without the mistake of the buyer , the buyer has to send back the delivered product within 10 days . In such cases the shipping expenses belong to the Buyer.
If have opted to pay by buyer's credit card RECEIVER, will confirm further information from the bank about interest rates and default interest, the provisions relating to interest pursuant force in legislation and default interest between the Bank and the PURCHASER "Credit Card Agreement" scope to apply accepted, and warrants.
ARTICLE 8 SHIPPING / DELIVERY PROCEDURES
With the sending of the order confirmation e-mail, the products / items are given to the seller’s contractual shipping company.
Product / products will be delivered by courier to the address of the recipient. Shipping time from the order confirmation e-mail and establishment of the agreement to the dispatch is 30 days. Provided that the Purchaser to be notified in advance in writing or in a continuous data carrier, this period may be extended up to ten days.
Products are sent to the areas where the cargo company do not make deliveries with phone notice.
In areas where the cargo company delivers in 1 day, in the cases of shipping information is missing or incorrect, social events or natural disasters may cause latency in delivery. Seller cannot be held liable by the buyer due to such latencies. The seller is not responsible for any extra shipping costs if the product is to be delivered to another person/company, if the company/person does not accept the delivery, any mistakes in the delivery information and/or the delivery recipient not being available at the delivery address. If the goods were not delivered within the specified time frame, delivery problems must be forwarded to iletişim@.......com email address to the customer services.
In case the package is damaged, the packages should not be received and the cargo company official must be made to officially record the damage. If the cargo company official is firmly in the opinion that the package is not damaged, the buyer holds the right to open the package that moment and ask for an official record of the condition of the goods delivered. After the packet is received by the recipient it is accepted that the cargo company has done their duty fully. If the package has not been accepted and kept the minutes, the situation as soon as possible with a copy of the minutes remaining in the receiver must be reported to the customer service.
Article 9 PRODUCT RETURNS AND PROCEDURES RELATED TO THE RIGHT OF WITHDRAWAL
seller warrants that buyer has the right of withdrawal from the agreement by refusing the goods or services within 7 days of signing the agreement and delivery of goods without any civil or criminal liability and seller will take back the goods upon receiving the notice of withdrawal. The notice of withdrawal and other notices related to the withdrawal can be sent to the seller with the communications channels provided above. HEREBY ANATOLICA IS NOT A PART OF THIS DISTANT SALES AGREEMENT THEREFORE ANATOLICA CANNOT BE DEMANDED OF RIGHTS OF WITHDRAWAL OR REQUEST FOR REFUND.
In order to use the right of withdrawal in accordance with the provisions of the legislation seller within this period must be notified. In case of using the right of withdrawal: a) the product which was delivered to the buyer or the specified third person must be returned b) within the 7 days, the box of the product, packaging, if it has any standard accessories and any other products that it was gifted along with must be returned undamaged and completely. In the following 10 days after the notice of withdrawal is received the payment is fully refunded back to the buyer in the method of payment used originally. While the goods are returned to the seller, the original invoice sent to the buyer must also be returned. Return shipping is to be paid for by the seller. The return portion of the bill, which will be returned with the product will be completed and signed by the recipient when returning.
The right of withdrawal cannot be used in the following cases:
a) Service agreements that are being executed due to the confirmation of the consumer before the right of withdrawal period is over
b) Price of contract relating to the goods specified in the stock exchange or other organized markets
c) Contracts regarding the delivery of items specially modified towards the personal requests of the consumer, items by nature is not suitable to return, items with a possibility of expiration or decomposing easily
d) Provided that the package was opened by consumers, the audio or video recordings, software programs and contracts for computer consumables
e) Newspapers, contracts for the delivery of periodicals such as magazines
f) Contracts for the performance of services for lottery and betting
g) Contracts relating to the non-financial goods delivered instantly to the customer and services that are executed instantly in the electronic environment.
ARTICLE 10 WARRANTY
Within the conditions stated below products that are used appropriately and used properly according to its manual are under warranty against production errors for 2 years. Seller's warranty liability applies only to consumers within the scope of Law No. 4077. The provisions of the Turkish Commercial Code shall apply to works of a commercial character.
ARTICLE 11 CONFIDENTIALITY
The information stated by the buyer and the information stated to make the payment by the buyer will not be shared by third parties. The seller can only reveal this information under managerial and legal obligations. Within any investigation with certified investigation warranty the seller may provide the necessary information if the seller has it.
Credit card information is definitely not stored. Credit card information is only used in order to get provision from the related bank and are transmitted safely and after the provision is received they are deleted from the system. Any e-mail or posting address belonging to the receiver can only be used for standard notification and delivery procedures. Occasionally, campaign information, new product information, promotion information can be sent to the buyer after their consent.
ARTICLE 12 - DEFAULT INTEREST AND LEGAL CONSEQUENCES
In the case of the credit card having default interest, card holder will be responsible to the bank and will pay interest according to the agreement they have with the bank. In this case, the bank may apply to the relevant legal remedies; and power of attorney may be charged to expenses arising from the buyer and if the buyer defaults on debt falling due in all circumstances, the Buyer agrees to pay the Seller due to delayed execution of the debt, losses and damages.
ARTICLE 13- JURISDICTION IN CASE OF CONFLICT AND EXECUTIVE OFFICES
Upon any dispute arising from the implementation of the agreement, up to the material value announced by the Ministry of Industry and Trade, Consumer Arbitration Commitee and seller’s local consumer courts are authorized.
ARTICLE 14 - ENTRY INTO FORCE
This agreement consisting of 14 articles were read by both parties, confirmed by the buyer in the electronic environment and signed and is under effect.
Upon execution of the order recipient accepts all the terms of this contract. …/…/…