Distance Sales Agreement

DISTANCE SALES AGREEMENT

 PARTIES

  • SELLER INFORMATION

(hereinafter referred to as the "Seller")

Title: BB Grup Tekstil Ltd. Şti. MERSIS Number: 0160065853100016 Address: FATİH SULTAN MEHMET MAH. BİLGİ SK. 53B-1 ARMUTLU/SARIYER Phone Number: 0530 477 18 56 KEP Address: bb.grup@hs01.kep.tr Tax Office - Tax ID: Beşiktaş Tax Office - 1600658531

  • BUYER INFORMATION

(hereinafter referred to as the "Customer" or "Buyer")

Name-Surname/Title: […] Address: […] Phone Number: […] Email: […]

In this Agreement, the Customer and the Seller together shall be referred to as the "Parties."

SUBJECT

The subject of this Distance Sales Agreement (hereinafter referred to as the "Agreement") is the sale of the product/products specified in the Agreement, in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, by the Customer's order through the website named www.alexandrehome.com (hereinafter referred to as the "Website") owned by the Seller, and the determination of the sales price, payment, delivery, and other rights and obligations of the Parties, as well as the resolution methods of disputes arising from this Agreement.

SUBJECT OF THE AGREEMENT, PRICE, PAYMENT, AND DELIVERY

The type and quantity of the Products (goods/services), Brand/Model, Color, Unit Price(s), Sales Price, Payment (collection) Information, and Delivery Information, including the delivery location provided by the Customer, are as follows. If the courier company delivering the products does not have a branch where the Customer is located, the Customer must receive the Products from another nearby branch notified by the Seller (The Customer will be informed via email, SMS, or phone regarding this matter).

Payment (Collection) Information:

Payment Method - Instrument: Credit Card / Debit Card Card Number: Amount Charged:

Delivery Information: Recipient Name, Surname / Title: Delivery Address: Phone: Email: Delivery Fee:

Invoice Information: Name, Surname / Title: Invoice Address: Phone: Email: Total Sales Price:

  1. CUSTOMER'S PRIOR INFORMATION

The Customer acknowledges and declares that, prior to the acceptance of this Agreement by the Buyer on the website, and before entering into any order or payment obligation, they have been informed of and have read the Pre-Information Form, Distance Sales Agreement, Cookie Policy, Privacy Policy, Disclosure Statement, and Explicit Consent Statement available on the website. The Customer also declares that they have been informed about and accept the following:

  1. Seller's title and contact information, professional chamber information, and current identifying information,
  2. Basic characteristics of the product/products, information on the total price including taxes, and shipping fee,

iii. Delivery, invoice, and payment information of the product/products,

  1. Shipping restrictions specified by the Seller for the product/products,
  2. Conditions, duration, and procedure for exercising the right of withdrawal by the Customer, and the consequences of not exercising the right of withdrawal within the specified period,
  3. Products for which the Customer does not have the right of withdrawal,

vii. In cases where the right of withdrawal exists, how the Customer can return the product/products to the Seller and all related financial matters,

viii. In the case of products with the right of withdrawal, the Customer's withdrawal request may be rejected by the Seller if the product is damaged or altered due to improper use, non-compliance with the usual operation, or technical specifications during the withdrawal period,

  1. Adequate tools/methods for correcting incorrectly entered information during the ordering process on the website,
  2. The Customer's acceptance of all sales conditions stated in this Agreement by confirming the Agreement on the website, indicating acceptance of all sales conditions,
  3. Practices and procedures regarding privacy, personal data, and electronic communication rights,

xii. Contact information for Customer complaints to the Seller in case of disputes, as well as legal remedies available to the Customer through consumer arbitration boards and consumer courts in accordance with relevant articles of the Law No. 6502 on Consumer Protection.

  1. CUSTOMER INFORMATION AND VISITS ON THE WEBSITE

To purchase the desired product, the Customer must share personal information. The information or personal data shared with the Seller is processed in accordance with the Privacy Policy. By using the website, the Customer confirms that all information shared with the Seller is accurate and true and accepts the processing of this information and personal data. If the Customer explicitly expresses interest to the Seller, the Seller may inform the Customer about the latest collections, catalogs, campaigns, and special offers via mail, email, and/or SMS.

  1. USE OF THE WEBSITE

6.1. By using the Website and/or placing any orders through the Website, the Customer agrees to:

  1. Use the Website solely for legitimate requests or orders,
  2. Not place unrealistic, false, or fake orders; the Seller reserves the right to cancel orders and inform relevant authorities when there is a reasonable suspicion that such an order has been placed,

iii. Provide accurate and up-to-date email, postal, and/or other contact information to the Seller and acknowledges, declares, and commits that the Seller may use this information to communicate with the Customer if necessary.

6.2. If the Customer fails to provide all the necessary information to the Seller to complete the order, the Seller may refuse to complete the order. When placing an order through the Website, the Customer confirms that they are at least 18 years old and legally capable of entering into a contract.

6.3. The Seller reserves the right to cancel purchases of the same product by the Customer that exceed reasonable consumer needs. In wholesale-like purchases, if the number of items purchased exceeds 5 (five), the Seller reserves the right to either completely cancel the order or send only 5 (five) items, which the Seller accepts as the retail purchase limit.

6.4. The Customer agrees, declares, and commits that the Seller shall not be liable in any way for damages suffered by third parties due to the Customer ordering products contrary to any provision of this clause. If the Seller determines that there has been a violation of this clause, the Seller has the right to cancel the order and terminate the Agreement.

  1. AVAILABILITY OF SERVICES

The products offered on the Website are suitable for delivery only within the borders of the Republic of Turkey.

  1. ESTABLISHMENT OF THE AGREEMENT

To place an order as a Customer, after following the online purchasing process and clicking on the "Confirm Payment" option, you will receive an email confirming that the order has been received ("Order Confirmation"). In a subsequent email, you will be informed that the order has been accepted and is being shipped ("Delivery Confirmation").

 

  1. AVAILABILITY OF PRODUCTS

All orders are contingent upon stock availability. If there is a shortage in supply or the product is no longer in stock, the Seller retains the right to propose alternative products of similar or different categories and values to the Customer. Should the Customer decline the alternative products, any payment made for the unwanted alternative product will be refunded by the Seller.

  1. REJECTION OF ORDERS

The Seller reserves the right to retract any product from the Website, as well as to amend, remove, or rectify any material or content on the Website at any given time. While every effort will be made by the Seller to process all received orders, the Seller reserves the right to decline fulfilling an order at any point from its reception until delivery to the Customer. The Seller shall not be held liable to the Customer or any third party for the refusal to fulfill or approve an order, withdrawal of any product from the Website, alteration or correction of any material or content on the Website, or refusal to fulfill an order after its reception but before its delivery, except in cases of negligence on the part of the Seller.

  1. DELIVERY

11.1. Subject to stock availability (refer to clause 9 above) and barring exceptional circumstances, the Seller will dispatch the products listed in the Delivery Confirmation by the specified delivery date or, if no estimated delivery date is provided, within thirty (30) days from the date of the Order Confirmation. In the event of supply delays beyond the Seller's control, the Seller will promptly inform the Customer of the situation and take steps to mitigate the delay's impact. The Seller shall not be accountable for delays beyond its control. However, if there is a significant risk of substantial delay, the Customer may opt to terminate the Agreement, with the possibility of reclaiming payments made for undelivered products.

11.2. To minimize the risk of damage to the Customer's property, the Customer is requested to clear any items that may be damaged and to receive delivery personnel in a convenient manner. Except in cases of Seller negligence, the Seller cannot be held responsible when reasonable precautions are taken to prevent or minimize risks, and items are placed in secure locations. For "delivery" or "delivered" status to apply, the Customer or their designated third party must accept the products at the specified delivery address, evidenced by signing a receipt.

11.3. If a defect is noticed in the products upon delivery, they will be returned to the Seller, and replacements will be made within 14 days without additional shipping charges. If defects are discovered after delivery, the Customer must notify the Seller in writing or orally. Following this notification, products will be collected by the Seller's courier, and upon assessment, replacements will be made within 30 business days without additional shipping charges if defects are confirmed. Otherwise, refunds will be issued to the Customer.

11.4. Delivery of products is contingent upon electronic Agreement approval and payment of the sales price via the Customer's preferred method. Failure to pay or canceled payments give the Seller the right to refuse delivery without liability.

  1. FAILURE TO DELIVER

If delivery is impossible, products will be returned to the warehouse. The Customer will be informed of the situation and given options for rescheduling delivery. Failure to contact the Seller within fifteen (15) days may result in Agreement termination. Upon termination, all payments received, including delivery costs, will be refunded within fourteen (14) days, with any additional shipping costs borne by the Customer.

  1. RISK AND OWNERSHIP

Until delivery acceptance, all product benefits and risks remain with the Seller. Ownership transfers to the Customer upon delivery to them or their designated recipient at the delivery address.

  1. PRICE AND PAYMENT

14.1. The prices of the products are as determined on the Website. Although the Seller endeavors to ensure the accuracy of all prices on the Website, errors may occur. In the event of a price error for the products ordered by the Customer, the Seller will promptly inform the Customer, offering the option to confirm the order at the correct price or cancel it. If the Seller cannot reach the Customer, the order will be considered canceled, and any amount paid for the products will be refunded to the Customer. In cases where a pricing error is evident and certain, and it can be understood that the price listed on the Website is significantly incorrect, the Seller will not be obligated to complete the sale of the products at the erroneous (lower than usual) price to the Customer, even after sending the delivery confirmation.

14.2. Prices on the Website include VAT and taxes but exclude delivery charges, which will be added to the total order amount.

14.3. Prices may change at any time, but (except for the situations specified above), price changes will not affect orders once the Order Confirmation has been sent to the Customer. Therefore, (except for the situation specified above), price adjustments for previous orders are not allowed. When the Customer completes the purchase, all desired products are added to the shopping cart, and the next step is to finalize the order and payment process. To do this, the Customer must follow the steps of the purchase process, completing or confirming the requested information at each step. Additionally, the Customer may make changes to the order details during the purchase process, before payment. Before completing the order and after the payment is confirmed by the Customer, essential product details, the total price including all taxes, the conditions, duration, and procedure for exercising the Right of Withdrawal, information on the carrier designated by the Seller for returns, or, in exceptional cases where the Right of Withdrawal cannot be exercised, information about when the Customer cannot exercise the Right of Withdrawal or under what conditions the Right of Withdrawal may be forfeited, will be presented to the Customer in the form of an order summary.

14.4. Payments are made using credit cards and debit cards through the payment methods displayed on the website and applications. The Customer's credit card information is encrypted to prevent unauthorized access. When the Seller receives the Customer's order, a provision is requested on the Customer's card to confirm the availability of sufficient available limit to complete the transaction. Payment collection will be made by the Seller when the Customer's order is confirmed. By clicking the "Payment Confirmation" button, the Customer is considered to have verified and confirmed that they are the owner of the credit card used. Credit cards are subject to verification and authorization by the card issuer; however, if the Customer's card issuer does not authorize payment to the Seller, the Seller will not be liable for any delay or non-delivery, and completion of the Agreement will not be possible.

14.5. If the order is placed through one of the electronic devices available in the Seller's stores in Turkey, the steps outlined for the purchase process on these devices must be followed, and all necessary information must be completed/verified at each step. The Customer may change the order details during the purchase process before making payment. Just before the payment obligation, an order summary containing the basic features of the product, the price, the Right of Withdrawal, how to exercise this right, and how to waive the right will be provided.

14.6. A payment method must be selected before placing an order. Clicking on the button labeled "Approve Payment" on the relevant page of the device screen will be deemed to have been given, and if the order is placed, the Customer will be under the payment obligation. Payment can be made through the payment methods displayed on the website and applications, using credit cards and debit cards. Conditions for checking the validity and approval of the card will apply.

14.7. The Seller is not responsible for any deductions made by banks under other titles during payments.

14.8. If there is any campaign, discount, or similar practice announced by the Seller in accordance with the legislation, and valid for distance sales, when the Customer places an order, this practice will be applied to the Customer's order if it meets the conditions of the campaign.

14.9. Offering various installment payment options within the scope of campaigns by the Customer's affiliated bank is beyond the initiative of the Seller. Campaigns within the Seller's knowledge and discretion will be announced on the Website.

14.10. Unless otherwise specified in writing by the Seller, the Customer must have fully paid for the products before taking delivery of them. In the case of cash sales, if the product price has not been fully paid to the Seller before delivery, or if the due installment amount has not been paid in installment sales, the Seller reserves the right to unilaterally cancel the Agreement and may refrain from delivering the product to the Customer.

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  1. INVOICE

An invoice will be issued by the Seller upon the issuance of the Order Confirmation and will be sent to the Customer at the latest, along with the delivered products. The Seller reserves the right to apply other methods compliant with e-invoice/e-archive regulations regarding invoicing.

  1. PURCHASING WITHOUT MEMBERSHIP

The feature of purchasing products without membership is available on the website. In such purchases, the Customer is only required to provide the necessary information for processing the order. Upon completing the purchase process, the Customer is given the option to register as a user or continue as a user without registration.

  1. VALUE-ADDED TAX (VAT)

In accordance with applicable legislation, all sales transactions made through the internet site are subject to Value-Added Tax (VAT), except for applicable final exemptions subject to the Customer's approval.

  1. RIGHT OF WITHDRAWAL

18.1. The Customer may exercise their right of withdrawal within 14 (fourteen) days from the delivery of the products to themselves or to the person at the notified address, or from the date the order is delivered, as provided by the relevant legislation. To exercise the right of withdrawal, the Customer must notify the Seller in writing via email to account@alexandrehome.com within this period, and the product must not fall under the categories of products where the right of withdrawal cannot be exercised or must not have suffered damage that prevents it from being resold or used other than in the usual manner.

18.2. In determining the withdrawal period, for single-item orders delivered separately, the day the Customer or the third party designated by the Customer receives the last item shall be considered; for products consisting of multiple parts, the day the Customer or the third party designated by the Customer receives the last part shall be considered.

18.3. The right of withdrawal cannot be exercised for products that are personalized according to the Customer's requests and gain special characteristics through modifications, alterations, or additions as per the Customer's preferences before the order, and for similar contracts limited to the following contracts:

  1. Contracts related to goods or services whose prices fluctuate depending on financial market movements and are not under the control of the Seller or the supplier,
  2. Contracts related to goods prepared according to the Customer's requests or personal needs,

iii. Contracts for the delivery of goods that are not suitable for return due to health or hygiene reasons if the protective elements such as packaging, tapes, seals, or packages have been opened after delivery,

  1. Contracts for the delivery of goods that are mixed with other products after delivery and are inherently inseparable,
  2. Contracts for services that have begun to be performed with the consumer's consent before the expiry of the withdrawal period.

18.4. If the Customer notifies the Seller in writing or verbally through customer service of the exercise of the right of withdrawal within the 14 (fourteen) day period following the delivery of the products, the Seller is obliged to receive the products in their original condition, along with the delivery receipt and the original invoice, at the expense of the Seller. The Customer is entitled to exercise the right of withdrawal before the delivery of the products. If the Customer does not use the products in compliance with their operation, technical specifications, and usage instructions, the Customer is responsible for any changes or deterioration in the products, and the Customer must compensate for any decrease in the value of the products. Upon the exercise of the right of withdrawal, the Seller will collect the products to be returned by the Customer through the shipping company agreed upon with the Seller, at a time (date) agreed upon with the Seller. The Customer must contact the Seller to learn the shipping company with which the Seller has an agreement. If the Customer returns the products through a shipping company not agreed upon with the Seller, the shipping

18.5. The Customer acknowledges, declares, and undertakes that in case of requesting a refund for payments made by credit card, the refund will not be made in cash. In case of exercising the right of withdrawal, the price of the products and shipping costs will be refunded to the Customer's payment method used for purchase within 14 (fourteen) days from the date the Seller receives notice of the exercise of the right of withdrawal. If requested by the Customer, the return fee may be offset against the amount to be refunded. The refund to the credit card will be made in accordance with the existing refund procedures of the banks. In cases of installment payments, refunds will also be made according to the existing procedures of the banks. If the Seller is unable to make the refund due to the Customer's credit card being canceled/changed or not working for any reason, the Customer is obliged to collect the money from the Seller in writing, together with the relevant documents obtained from the bank regarding the matter. In such a case, the Customer cannot claim any delay damages, interest, or similar requests from the Seller.

18.6. The Customer is obliged to return the product to the address specified for product returns within 14 (fourteen) days from the date of sending the notification of exercising the right of withdrawal.

  1. RESPONSIBILITY AND WAIVER

19.1. No provision in this Agreement shall limit or exclude the Seller's liability in any way for the following matters:

  1. Death or personal injury caused by the negligence of the Seller;
  2. Fraud or fraudulent misrepresentation; or

iii. Any other situation where limiting or excluding the Seller's liability may be illegal or illegitimate for the Seller.

19.2. The Seller is liable to the Customer for foreseeable loss and damage caused by its own actions. If the Seller breaches this clause, it will be liable for the loss and damages suffered by the Customer, which are the foreseeable consequences of the breach of the Agreement or arise from the Seller's lack of reasonable care and skill; however, the Seller shall not be liable for any unforeseeable loss and damage. Loss or damage will be considered foreseeable if it is obvious that it will occur, or if both the Seller and the Customer knew it could happen when the Agreement was made or if the Customer discussed it with the Seller during the sales process.

19.3. The Seller shall not be held liable for commercial losses. The Seller only offers products for individuals and personal use. If the Customer uses the products for any commercial purpose or for resale, the Seller shall not be liable to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity, and the Customer agrees not to hold the Seller responsible for commercial losses.

19.4. Except as expressly stated otherwise on the Website, the Seller makes no warranty or representation regarding the accuracy and security of the information transmitted or obtained on the Website due to the potential for errors in the Website and the storage and transmission of digital information. The Seller's contractual obligation is to provide products that comply with the Agreement to the Customer. However, without prejudice to this obligation and to the extent permitted by law, all product descriptions, information, and materials published on the Website are "as is" and do not contain any express, implied, or statutory warranties.

19.5. When a contract is formed with the Customer, the Seller is responsible for ensuring that the products it sends to the Customer are: (i) in accordance with the descriptions given by the Seller and possess the qualities specified on the website, (ii) suitable for the usual purposes for which similar products are used, and (iii) exhibit the quality and performance that can be reasonably expected from products of the same type. The Seller guarantees that the products sold through the Website are of satisfactory quality and fit for their general purpose. Except as excluded by law, any express or implied warranties relating to the products on the Website are not within the scope of the Seller's liability. The products sold by the Seller (including handmade products) generally have the natural characteristics of the materials used in their manufacture. Inconsistencies in texture, shape, stitches, and color variations cannot be classified as defects or flaws. Such inconsistencies are expected and reasonable. None of the acceptance in this clause affects the Customer's legal rights or the right of withdrawal arising from the Agreement.

  1. RULES REGARDING INTELLECTUAL PROPERTY RIGHTS

The Customer acknowledges that all copyright, trademarks, and all other intellectual property rights in all material and content provided as part of the Website shall remain vested in the Seller or its authorized agents at all times. The Customer permits the use of such material only as explicitly authorized by the Seller or its authorized agents. This provision does not restrict the Customer from using the Website to obtain copies of any orders or contract information when necessary.

  1. VIRUSES, CYBERCRIME, AND OTHER CYBER OFFENSES

The Customer agrees to refrain from knowingly uploading viruses, trojans, worms, logic bombs, or any other materials that are malicious or technologically harmful, thereby avoiding misuse of the Website. The Customer shall not attempt to gain unauthorized access to the Website, the server on which the Website is hosted, or any server, computer, or database related to the Website, nor engage in activities that may disrupt, interfere with, damage, or alter the Website's operation or data. The Customer agrees not to launch any denial-of-service attacks or distributed denial-of-service attacks on the Website. In the event of a breach of this provision, the Customer may be committing a criminal offense under applicable laws. The Seller will report any such breach to the relevant law enforcement authorities and cooperate with them in disclosing the identity of the cybercriminal. Similarly, in the event of such a breach, the Customer's right to use the Website will immediately cease. The Seller shall not be liable for any loss or damage caused by a denial-of-service attack, virus, or other harmful materials or for any loss or damage resulting from downloading any content directed by the Website.

  1. LINKS FROM OUR WEBSITE

The Seller may provide links to third-party websites or materials on the Website; however, these links are provided for informational purposes only, and the Seller does not control or assume responsibility for the content of these websites or materials. Similarly, the Seller does not assume liability for any loss or damage that may arise from the use of such links.

  1. WRITTEN COMMUNICATION

Applicable laws require certain information and communications sent by the Seller to the Customer to be in writing. When using the Website, the Customer acknowledges that communication with the Seller will primarily be electronic. The Seller will contact the Customer via email or by posting notifications on the Website. By accepting the Agreement, the Customer declares that they accept this method of electronic communication and that all contracts, notifications, information, and other communication provided to the Customer electronically comply with any legal requirements for written communication. This condition does not affect the Customer's legal rights.

  1. NOTICES

All notices to the Seller shall be made in writing. The Customer explicitly agrees, pursuant to clause 24 and as stated therein, that the Seller may notify the Customer via the email or postal address provided by the Customer when placing an order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

This Agreement between the Seller and the Customer shall bind the Seller and the Customer, as well as their respective successors. Without prior written consent, the Customer cannot transfer, assign, subcontract, or delegate the Agreement and the rights and obligations arising from it (except warranties) to others. The Seller may assign, transfer, subcontract, or delegate the Agreement and the rights and obligations arising from it at any time during the term of the Agreement. Such assignment, transfer, subcontracting, or delegation shall not affect the legal rights of the Customer or any warranties or assurances expressly or implicitly provided by the Seller to the Customer, nor shall it cancel, reduce, or limit them.

  1. FORCE MAJEURE

26.1. The Seller shall not be liable or responsible for any failure to perform or delay in performance of any of its obligations under this Agreement due to events outside its reasonable control, which shall be deemed to include force majeure events.

26.2. Events beyond the Seller's control shall include, without limitation:

  1. Strikes, lock-outs, or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.

iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic, or other natural disaster.

  1. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
  2. Impossibility of the use of public or private telecommunications networks.
  3. Acts, decrees, legislation, regulations, or restrictions of any government.

26.3. The Seller will use all reasonable efforts to end the force majeure event or to find a solution that allows the Seller to fulfill its obligations under the Agreement despite the force majeure event.

  1. WAIVER

The failure of the Seller to enforce or exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if it is expressly stated to be a waiver and is communicated to the Customer in writing in accordance with the above Notification section.

  1. SEVERABILITY

If any provision of these terms and conditions or the Agreement is held to be invalid, illegal, or unenforceable by any competent authority, the remainder of the terms, conditions, or provisions shall remain valid to the fullest extent permitted by law.

  1. OUR RIGHT TO VARY THESE TERMS

The Seller reserves the right to update or make changes to the terms and conditions of this Agreement from time to time. By using this Website or placing an order for products, the Customer agrees to be bound by the terms, policies, and contracts in effect at the time of use or order unless changes are made to them. Any potential changes made in accordance with the law or decisions of government authorities will also apply to orders previously made by the Customer. Such changes shall not affect the Customer's legal rights.

  1. APPLICABLE LAW AND JURISDICTION

Contracts for the use of the Website and the purchase of products through the Website are governed by the laws of the Republic of Turkey. Any dispute arising from or related to the use of the Website or such a contract shall be subject to the jurisdiction of the courts of Turkey. If a dispute arises in relation to a contract between the Seller and the Customer, the Customer may refer necessary applications to the competent Consumer Court or Consumer Arbitration Board.

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