DISTANCE SALES AGREEMENT



1. PARTIES
This Agreement has been signed between the parties below within the terms and conditions specified below.
1. "CUSTOMER'S NAME – SURNAME" (hereinafter referred to as "BUYER" in the contract)
2. GÜNDÜZALP TEKSTİL İNŞ. SAN. and TİC. LTD. ŞTİ. (hereinafter referred to as "SELLER" in the contract)By accepting this contract, the BUYER agrees in advance that if they approve the order subject to the contract, they will be obliged to pay the cost of the order and, if any, additional fees such as shipping fees, taxes, and that they have been informed about this matter.


2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection numbered 6502,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods, made or promised to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within its commercial or professional activities or acts on behalf or account of the provider,
BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service through the internet site belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to shopping and intangible goods such as software, sound, images, and similar intangible goods prepared for use in electronic environments.


3. SUBJECT
This Agreement regulates 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 features and sales price are specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Periodically advertised prices are valid until the end of the specified period.


4. SELLER INFORMATION
COMPANY TITLE : GÜNDÜZALP TEKSTİL İNŞ. SAN. ve TİC. LTD. ŞTİ.
ADDRESS : Mehmet Nezih Özmen Mah. Keresteciler Sit. Fatih Cad. Yüksek Sok. Sabri İş Hanı No:9 Kat:1 Merter/ISTANBUL
E-MAIL: info@giesto.com.tr
TEL : 0212 706 93 21


5. BUYER INFORMATION
Name/Surname/Title {customer_name_surname}
Delivery Address {customer_address}
Phone {customer_phone}
Email/username


6. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION

6.1. The essential features of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the essential features of the relevant product during the campaign period. It is valid until the campaign date.

6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Periodically advertised prices are valid until the end of the specified period.

6.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal
(Including VAT)
Shipping Fee
Total:

6.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.


7. GENERAL PROVISIONS

7.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER also accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained correct and complete information regarding the SELLER's address, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information, all of which must be provided by the SELLER to the BUYER before the distance sales contract is established.

7.2. Each product subject to the contract is delivered to the BUYER or to the person and/or 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 period of 30 days. If 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 completely, in accordance with the specifications stated in the order and, if any, with warranty certificates, user manuals, and the necessary information and documents for the job, free from any defects, solidly, in accordance with legal regulations and standards, honestly and fairly, to maintain and improve service quality, to show the necessary care and attention during the performance of the job, and to act with prudence and foresight.

7.4. 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.

7.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of providing the product or service subject to the order, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.

7.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease.

7.7. The BUYER accepts, declares, and undertakes that if, after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the credit card belonging to the BUYER is used unfairly by unauthorized persons and the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.

7.8. The SELLER accepts, declares, and undertakes that if the product subject to the contract cannot be delivered within the period due to force majeure events such as unforeseen circumstances beyond the parties' control, which prevent and/or delay the parties from fulfilling their debts, the SELLER will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is removed from the SELLER. If the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount is paid to them in cash and in one lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since this reflection in the BUYER's accounts after the refund of the amount to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.

7.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone calls and other means through the address, e-mail address, fixed and mobile phone lines and other contact information provided by the BUYER in the registration form or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them.

7.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged goods/services, such as those that are crushed, broken, or have torn packaging, from the cargo company. It shall be deemed that the delivered goods/services are undamaged and sound. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is exercised, the goods/services should not be used. The invoice must be returned.

7.11. If the credit card holder used during the order and the BUYER are not the same person or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the statement of the credit card used in the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

7.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is true and accurate, and that in the event of any damages incurred by the SELLER due to the inaccuracy of this information, the BUYER will immediately, in cash and in full, compensate the SELLER upon the SELLER's first notification.

7.13. The BUYER accepts and undertakes in advance to comply with the provisions of legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall completely and exclusively bind the BUYER.

7.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, harasses or disturbs others, for an unlawful purpose, or in a way that infringes upon the material and moral rights of others. Furthermore, the member may not engage in activities (spam, viruses, trojans, etc.) that prevent or make it difficult for others to use the services.

7.15. Through the SELLER's website, links may be provided to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site, nor do they constitute any guarantee for the information contained in the linked website.

7.16. Any member who violates one or more of the articles listed in this contract shall be personally responsible criminally and legally for such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Furthermore, in the event of such violation, if the matter is brought to court, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract.


8. RIGHT OF WITHDRAWAL

8.1. In case the distance contract relates to the sale of goods, the BUYER may exercise their right to withdraw from the contract by refusing the goods, without incurring any legal or criminal liability and without stating any reason, within 14 (fourteen) days from the date of delivery of the product to them or to the person/entity at the address indicated by them, provided that they notify the SELLER. In distance contracts for the provision of services, this period begins on the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's approval before the end of the withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

8.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER, (If the invoice for the product to be returned is corporate, it must be sent 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.)
b) Return form,
c) The returned products must be delivered complete and undamaged, including their box, packaging, and standard accessories if any, in a condition suitable for resale.
d) The SELLER is obliged to refund the total amount and the documents obligating the BUYER within a maximum of 14 days from the date of receiving the withdrawal notification. The BUYER is also obliged to return the product within 10 days from the date they directed the withdrawal notification to the SELLER.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount organized by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.


9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared in accordance with the BUYER's wishes or explicit personal needs and not suitable for return, such as bottom underwear, swimwear bottoms, make-up materials, single-use products, products that are likely to spoil quickly or expire, products that are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodic publications such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and the return of audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, is not possible according to the Regulation. Furthermore, the exercise of the right of withdrawal for services whose performance has begun with the consumer's approval before the end of the right of withdrawal period is also not possible according to the Regulation.
Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged, and unused in their packaging to be eligible for return.


10. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment when making payments with a credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be responsible to the bank within the framework of the credit card agreement between them and the cardholder bank. In this case, the relevant bank may resort to legal remedies; it may demand the expenses and attorney's fees that may arise from the BUYER, and in all circumstances, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.


11. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law.


12. EFFECTIVENESS
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for their order placed through the Site.
DATE: Date of purchase from the system