DISTANCE SALES AGREEMENT
Article 1 – Parties to the Agreement:
1.1. Seller
ROZETEKS TEKSTİL SANAYİ İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ
Address: SURURİ MAH. MAHMUTPAŞA CAD. BÜYÜK YILDIZ HAN NO.62 K.1/103 FATİH/İSTANBUL
Website: www.roze.com.tr
E-mail: customerservice@roze.com.tr
Phone: 0 (212) 519 09 22
1.2. Buyer
End Consumer (CUSTOMER)
Article 2 – Subject of the Agreement:
2.1 . The Buyer declares and acknowledges that they have been informed about and have electronically confirmed the preliminary information regarding the essential characteristics, sales price, payment method, delivery conditions, and all other preliminary information and the right of withdrawal concerning the goods/services subject to sale, and that they subsequently placed an order for the goods/services in accordance with the provisions of this Agreement.
In addition, the person in whose name the invoice is issued is also a party to this Agreement and is obliged to provide complete and accurate information. The Buyer shall be deemed to have accepted in advance any liability and loss that may arise from providing incomplete or incorrect information.
2.2 . The preliminary information on the payment page and the invoice on the www.roze.com.tr website constitute integral parts of this Agreement.
Article 3 – Date of Agreement and Force Majeure:
3.1. This Agreement, executed in two copies previously signed by the Seller, is deemed accepted by the Buyer upon signature on ............. and one copy shall be sent to the Buyer’s e-mail address.
Events that do not exist or are not foreseen at the time of execution of the Agreement, develop beyond the control of the parties, and make it impossible for one or both parties to partially or wholly fulfill their obligations under the Agreement or to fulfill them on time shall be deemed force majeure. The party affected by force majeure shall promptly notify the other party in writing.
3.2. Force majeure includes, without limitation, natural disasters, war, terrorism, insurrection, changes in legislation, seizure, strikes, lockouts, significant breakdowns in production and communication facilities, etc.
The parties shall not be liable for failure to perform their obligations during the continuation of force majeure. If the force majeure situation persists for 30 (thirty) days, either party shall have the right to terminate unilaterally.
Article 4 – Delivery Costs and Performance:
4.1. Delivery costs are borne by the Buyer. If the Seller declares on the website that delivery will be free for purchases over a certain amount, delivery costs shall be borne by the Seller for such orders.
4.2. Delivery shall be made as soon as possible, subject to stock availability and receipt of payment by the Seller. The Seller shall deliver the goods/services within 30 (thirty) days from the order date and reserves the right to an additional 10 (ten) days with written notice. If, for any reason, the price of the goods/services is not paid or is canceled in bank records, the Seller shall be deemed released from the delivery obligation.
Article 5 – Seller’s Rights and Obligations:
5.1. The Seller is responsible for delivering the goods/services subject to the Agreement in sound and complete condition, in compliance with the specifications stated in the order, and with warranty certificates and user manuals, if any.
If the goods/services are to be delivered to a person/organization other than the Buyer, the Seller shall not be held responsible if the person/organization refuses delivery.
Upon receipt of the withdrawal notice, the Seller shall accept the return of the goods/services within fourteen (14) days and, after receiving the returned product, shall refund the price of the goods/services and any negotiable instruments, if any, within 10 (ten) days. For justified reasons, the Seller may supply goods of equal quality and price to the Buyer before the performance period expires.
5.2 . If performance becomes impossible, the Seller shall notify the Buyer before the contractual performance period expires. Any amounts paid and documents, if any, shall be returned within 10 (ten) days. Goods/services, whether sold with or without a warranty certificate, that are defective may be sent to the Seller for the necessary repairs under warranty terms; in such case, delivery costs are borne by the Buyer.
5.3. The Buyer must be at least 18 years old. The Seller relies on the age declared by the Buyer and shall not be liable for incorrect declarations of age by the Buyer.
If the Buyer fails to make payment within 3 (three) days from the order date, the Seller may unilaterally terminate the sale.
Article 6 – Buyer’s Rights and Obligations:
6.1 The Buyer agrees and undertakes to fully perform the acts imposed upon them by this Agreement, except in cases of force majeure. By placing an order, the Buyer is deemed to have accepted all provisions of this Agreement.
6.2. Before accepting delivery, the Buyer shall inspect the goods/services; they shall not accept damaged or defective goods/services (e.g., dented, broken, torn packaging) from the courier. Goods/services accepted shall be deemed undamaged and intact. After delivery, the Buyer is responsible for careful preservation. The invoice affixed to the cargo package shall be kept for returns.
6.3 If, after delivery, the Buyer’s credit card is used unlawfully by unauthorized persons for reasons not arising from the Buyer’s fault, and the relevant bank or financial institution does not pay the price of the goods/services to the Seller, the Buyer is obliged to return the goods/services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In such case, delivery costs are borne by the Buyer.
6.4. The Buyer declares that they have read and understood all preliminary information on the www.roze.com.tr website regarding the Seller and the goods/services, including the right of “Withdrawal” and how to exercise it, order and payment conditions, product use instructions, precautions and warnings for possible situations, and the official authorities to which complaints and objections may be submitted; and that they have electronically confirmed such preliminary information.
Article 7 – Characteristics of the Goods/Services:
7.1 The type, kind, quantity, brand, model, color, and the sales price including all taxes of the goods/services are as stated on the product information page on the www.roze.com.tr website and on the invoice, which forms an integral part of this Agreement.
Article 8 – Cash/Installment Price of the Goods/Services:
8.1. The cash/installment price of the goods/services is as stated in the sample invoice e-mailed after the order and on the invoice sent to the customer along with the product.
Article 9 – Order, Payment, Shipment:
9.1. If the Buyer makes a purchase by credit card and in installments, the installment plan and number of installments selected on the site apply. The relevant provisions of the agreement between the Buyer and the card-issuing bank apply to installment transactions. The credit card payment date is determined by the agreement between the bank and the Buyer. The Buyer may track the number of installments and payments from the account summary sent by the bank.
9.2 . For payments made by WIRE/EFT, the date the amount is credited to the Seller’s account is taken as basis. The order number must be clearly stated on the Wire/EFT form.
9.3. For payment of items added to the cart, the transaction is processed via the virtual POS of the bank selected by the Buyer. The Seller sends an order confirmation e-mail to the Buyer before dispatch. Shipment begins after the confirmation e-mail is sent.
9.4. Any disruption in the process or issues related to the credit card are notified to the Buyer via one or more of the contact details (phone/e-mail) provided in the Agreement. If necessary, the Buyer may be asked to contact their bank. Processing time starts when the collection is made from the credit card account or the wire/EFT is confirmed in the Seller’s accounts, not when the order is placed.
9.5. In exceptional cases where it becomes apparent that the goods/services cannot be supplied and/or a stock problem arises, the Buyer shall be informed clearly and promptly; with the Buyer’s approval, goods of equal quality and price may be sent, or a different product of the Buyer’s choice may be supplied, or the Buyer may wait for restocking/removal of the obstacle to delivery and/or the order may be canceled.
If fulfillment of the delivery obligation becomes impossible, the Buyer is informed and the total amount paid and any documents that may have indebted the Buyer are returned within at most 10 (ten) days, and the Agreement is canceled. In such a case, the Buyer shall not claim any additional material or moral damages from the Seller.
Shipment:
9.6 . Upon sending the order and payment confirmation e-mail, the product(s) are delivered to the courier company contracted by the Seller. The Seller sends the tracking number and any other shipment information to the Buyer via e-mail. The handover to the courier is within 7 (seven) business days from the Agreement date and may be extended by a maximum of 5 (five) business days with prior written or telephone notice to the Buyer.
9.7. In areas where the courier does not provide door delivery (“Mobile Areas”), delivery may be made with phone notification for pickup at the branch; the Buyer is deemed to accept this. The Seller cannot be held liable for delays and disruptions caused by the courier. The Buyer must promptly notify the Seller of delivery issues using the contact details in this Agreement.
9.8. If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for additional courier costs arising from the refusal to accept delivery by the recipient, incorrect shipment information, and/or the absence of the Buyer at the address.
9.9 . Damaged packages must not be accepted; a report must be issued by the courier representative. If the courier representative claims the package is undamaged, the Buyer has the right to open the package there, check that the products are delivered intact, and request a report of the situation. Once the package is accepted by the Buyer, the courier is deemed to have fulfilled its duty. If the package is not accepted and a report is issued, the situation must be reported to the Seller’s Customer Service as soon as possible with the Buyer’s copy of the report.
Article 10 – Product Returns and Right of Withdrawal Procedure:
10.1. The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days after delivery of the goods without providing any reason and without paying any penalty, provided that the Seller is notified in advance. Pursuant to General Communiqué No. 385 of the Tax Procedure Law, to process returns, the Buyer must send back the original invoice issued by the Seller together with the goods. In case of withdrawal, the Seller shall, within 10 (ten) days at the latest from receipt of the product together with the invoice, refund the total amount received and any documents that may have indebted the consumer, without imposing any costs on the consumer. The withdrawal period starts from the day the goods are delivered to the Buyer. Return shipping costs are borne by the Buyer. In cases where the Seller is obliged to pay the return shipping, the Buyer agrees to use the Seller’s contracted courier company.
10.2 . If the Buyer wishes to return the product, they agree and undertake not to damage the product or its packaging under any circumstances and to return the original invoice and delivery note at the time of return.
10.3 . The right of withdrawal does not apply to goods prepared in line with the Buyer’s requests and/or clearly tailored to their personal needs.
10.4. A decrease in the value of the goods or the existence of a reason making the return impossible after delivery does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return arises from the consumer’s fault, the consumer must compensate the Seller for the value or the decrease in value of the goods.
10.5 . If any opening, deterioration, breakage, destruction, tearing, signs of use, etc. are detected on the product or its packaging, or if the product cannot be returned in the same condition as delivered to the Buyer, the product will not be accepted for return and no refund will be issued.
10.6 . The Buyer must notify the Seller in advance of their intention to exercise the right of withdrawal. A product is accepted as a return only if it meets the conditions specified in this Agreement; refunds are made to the Buyer’s credit card/account. No refund is made before the product is returned. The time it takes for refunds to appear in the credit card account is at the discretion of the relevant bank. If the Seller has paid the full amount to the bank at once, refunds of installment transactions made via bank POS may be reflected to the Buyer’s credit card in installments; this is at the bank’s discretion.
In the event of a return of goods and services purchased by card, the Seller cannot make a cash refund to the Buyer under the agreement with the Bank. The merchant (Seller) will process the return via the relevant software and, being obliged to pay the Bank in cash or by set-off, cannot pay the Buyer in cash. The refund to the credit card will be made by the Bank in accordance with the above procedure after the Buyer pays the Bank in a single installment.
Article 11 – Product Warranty Conditions:
11.1 . The warranty period is as stated on the product page on www.roze.com.tr and is determined/applied by the supplier.
Products used and maintained in accordance with the instructions are warranted against all manufacturing defects under the specified conditions. The Seller’s warranty liability applies only to consumers under Law No. 4077 (Consumer Protection Law). For commercial transactions, the provisions of the Turkish Commercial Code apply.
Article 12 – Confidentiality Obligations:
12.1 . www.roze.com.tr will not share this Agreement with any third parties/institutions for any reason. Your personal information will not be provided to any third parties/institutions for statistical, commercial, or similar purposes.
The Seller may disclose such information only within the scope of administrative/legal obligations. In any judicial investigation with proven authority, the Seller may provide the requested information to the relevant authority if in its possession.
Article 13 – Competent Courts and Authorities:
13.1 . In disputes arising from this Agreement, Consumer Arbitration Committees are competent up to the value announced by the Ministry of Industry and Trade; Consumer Courts are competent for disputes above that value. In locations where no Consumer Court exists, Civil Courts of First Instance are competent.
SELLER: ROZETEKS TEKSTİL SANAYİ İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ
BUYER:
Date: