Distance Selling Agreement
ARTICLE 1- PARTIES
This Agreement is signed between the following parties under the terms and conditions specified below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
The person who is a member of the shopping site https://www.threesweetpets.com/ as a customer. The address and contact information used during the membership are considered valid.
A. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
COMPANY NAME/TITLE: Naz Şimşek ADDRESS: Altıntepe Mah. Sevgi Çiçeği Sk. No18 D7 Küçükyalı - Maltepe / Istanbul EMAIL: info@threesweetpets.com
PHONE: 05324698028 MERSIS NO: 0857063135200001 TRADE REGISTRATION NO: 257825
By accepting this agreement, the BUYER acknowledges in advance that they are obliged to pay the price of the order and any additional fees such as shipping costs and taxes if the order is confirmed.
ARTICLE 2- DEFINITIONS
The terms written below will express the written explanations against them in the application and interpretation of this contract.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188)
SERVICE: All kinds of consumer transactions other than providing goods made or committed to be made for a fee or benefit,
SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or account of the offering party,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDER PLACER: A natural or legal person requesting a good or service via the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Tangible items subject to shopping and software, sound, image, and similar intangible items prepared for use in electronic environments.
ARTICLE 3- SUBJECT
This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications and sale price of which are specified below, which the BUYER has ordered electronically via the website www.threesweetpets.com belonging to the SELLER.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.
ARTICLE 4- SELLER INFORMATION
COMPANY NAME/TITLE: Naz Şimşek
ADDRESS: Altıntepe Mah. Sevgi Çiçeği Sk. No18 D7 Küçükyalı - Maltepe / Istanbul
EMAIL: info@threesweetpets.com
PHONE: 05324698028
ARTICLE 5- BUYER INFORMATION
The person who is a member of the shopping site https://www.threesweetpets.com/ and makes purchases as a customer. The address and contact information used during the membership are considered valid.
ARTICLE 6- INFORMATION ON THE SUBJECT PRODUCT(S)
6.1. The basic characteristics of the Goods/Products/Services (type, quantity, brand/model, color, number) are published on the SELLER's website. You can review the basic characteristics of the product during the campaign period if the campaign is organized by the seller. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.
6.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
The type, quantity, brand/model, color, number, sales price, payment method, and information at the time of order completion of the goods/products/services are as follows.
Invoice delivery: The invoice will be delivered during order delivery along with the order.
6.4. The shipping cost, which is the product shipment cost, will be paid by the BUYER.
ARTICLE 7- GENERAL PROVISIONS
7.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information about the basic characteristics, sales price, and payment method of the product subject to the contract and the delivery on the SELLER's website, and have given the necessary confirmation in electronic environment. The BUYER acknowledges, declares, and undertakes that they have received the address, basic characteristics of the ordered products, including the total price, payment and delivery information correctly and completely prior to the establishment of the distance sales contract by confirming the Preliminary Information in electronic environment.
7.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period. In case the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
7.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in a complete, accurate, and in accordance with the qualifications specified in the order, including any warranty documents, user manuals, if applicable, and to perform the work in accordance with the legal legislation free from any defects, in accordance with the standards, with the principles of accuracy and honesty, and to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, and to act with caution and foresight.
7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance period of the contractual obligation expires.
7.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the order subject to the contract, it shall notify the consumer of this situation in writing within 3 days from the date of learning about it and return the total price to the BUYER within 14 days.
7.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if for any reason the price of the product subject to the contract is not paid and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will cease.
7.7. The BUYER accepts and declares that in the event of the unauthorized use of the credit card after the delivery of the product subject to the contract to the BUYER or the person/organization at the address indicated by the BUYER, not caused by the BUYER's fault, and if the related bank or financial institution does not pay the product price to the SELLER, the BUYER will return the product subject to the contract to the SELLER within 3 days at the SELLER's expense.
7.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. The received goods/services will be considered undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
7.11. In case the BUYER and the holder of the credit card used during the order are not the same person or a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER to present the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or a letter from the bank of the cardholder indicating that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
7.12. The BUYER acknowledges, declares, and undertakes that the personal and other information provided while becoming a member of the SELLER's website is true, and that the SELLER will immediately, in cash, and in full compensate all damages incurred by the SELLER due to the inaccuracy of this information upon the first notification by the SELLER.
7.13. The BUYER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations will bind the BUYER exclusively and completely.
7.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, in a way that infringes the material and moral rights of others. In addition, the member cannot engage in activities that prevent or complicate others from using the services (spam, virus, trojan horse, etc.).
7.15. Links may be provided on the SELLER's website to other websites and/or other content that are not under the control of the SELLER and/or owned or operated by other third parties. These links are placed to provide ease of orientation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
7.16. The member who violates one or more articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Furthermore, in the event that the incident is transferred to the legal domain due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
ARTICLE 8- RIGHT OF WITHDRAWAL
8.1. The BUYER has the right to withdraw within 14 (fourteen) days from the delivery of the product subject to the contract to themselves or the person/organization at the address indicated, without giving any reason and without paying any penalty. However, the BUYER must have notified the SELLER of the right of withdrawal via the contact information specified in the General Provisions section or the website.
8.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing via registered mail, fax, or email within 14 (fourteen) days and the product must not have been used within the scope of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract.
8.3. If this right is exercised,
a) 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 whose invoices are issued on behalf of institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER in debt to the BUYER within 10 days from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or products within the withdrawal period.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
ARTICLE 9- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear bottom parts, swimwear, bikini bottom parts, make-up products, disposable products, items that deteriorate quickly or have a risk of expiration, products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines except those provided under the subscription agreement, the performance of which is started with the approval of the consumer before the right of withdrawal expires, and services provided immediately, and audio or video recordings, books, digital content, software programs, data recording, and data storage devices, computer consumables, and consumables opened by the BUYER, and goods for which the right of withdrawal is not allowed according to the Regulation, and other goods that are accepted as non-returnable by various authorities are outside the scope of the right of withdrawal.
The BUYER accepts, declares, and undertakes that they will lose the right of withdrawal if the service is performed with their approval before the right of withdrawal expires.
In order to exercise the right of withdrawal, the BUYER must notify the SELLER within 14 (fourteen) days in writing via registered mail, fax, or email.
ARTICLE 10- DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between the credit card holder bank and themselves if they go into default in the case of making payment transactions with a credit card. In this case, the bank may apply for legal remedies; it may claim the expenses and attorney's fees from the BUYER, and in any case, in the event of the BUYER's default due to its debt, the BUYER agrees, declares, and undertakes that the SELLER will pay the damages and losses incurred due to the delayed performance of the debt.
ARTICLE 11- COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the Consumer Arbitration Committee or the Consumer Court where the BUYER's or SELLER's domicile is located within the monetary limits specified in the following law. Information on the monetary limit is as follows:
Effective from 01/01/2017:
a) For applications to consumer arbitration committees, the value in disputes under 2.400 (two thousand four hundred) Turkish Liras pursuant to Article 68 of the Consumer Protection Law No. 6502,
b) In provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred ten) Turkish Liras in metropolitan provinces,
c) In disputes above the determined value, applications cannot be made to consumer arbitration committees.
This Agreement is made for commercial purposes.
ARTICLE 12- ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site prior to the fulfillment of the order.