DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been executed between the parties below, within the framework of the terms and conditions stated below.

A. 'BUYER' (hereinafter referred to as "BUYER" in this Agreement)
Name and Surname:
Address:

B. 'SELLER' (hereinafter referred to as "SELLER" in this Agreement)
Name and Surname: SCALA TEKSTİL TURİZM REKL.GIDA TARIM ÜRÜN.SAN.VE TİC.LTD.ŞTİ
Address: Uğur Mumcu Mahallesi 2263.Sokak No:35/1 SULTANGAZİ/İSTANBUL

By accepting this Agreement, the BUYER acknowledges that, upon confirming the order subject to this Agreement, they are obliged to pay the order amount and any additional charges, such as shipping fees, taxes, and other specified extra costs, and that they have been informed about this in advance.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the following terms shall represent the definitions written alongside them:

• MINISTER: The Minister of Customs and Trade
• MINISTRY: The Ministry of Customs and Trade
• LAW: The Law No. 6502 on the Protection of Consumers
• REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
• SERVICE: Any consumer transaction other than the provision of goods, which is performed or promised to be performed in return for a fee or benefit
• SELLER: The company that offers goods to the consumer in the scope of its commercial or professional activities, or acts on behalf of or for the account of the company
• BUYER: The individual or legal entity 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
• ORDERING PARTY: The individual or legal entity who places an order through the SELLER's website
• PARTIES: The SELLER and the BUYER
• AGREEMENT: This Agreement between the SELLER and the BUYER

 

 

 

 

• GOOD: The movable goods subject to purchase, as well as software, sound, image, and other intangible goods prepared for use in electronic environments

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, concerning the sale and delivery of the product, which the BUYER has ordered electronically through the SELLER's website. The characteristics and sale price of the product are outlined below.

The listed and advertised prices on the website are the sale prices. These prices and promises are valid until updated or changed. The prices announced for a limited time are valid until the specified period ends.

4. SELLER INFORMATION

Company Name: SCALA TEKSTİL TURİZM REKL.GIDA TARIM ÜRÜN.SAN.VE TİC.LTD.ŞTİ
Address: Uğur Mumcu Mahallesi 2263.Sokak No:35/1 SULTANGAZİ/İSTANBUL
Phone: 02126686267
Fax: 02126686284
Email: [email protected]

5. BUYER INFORMATION

Person to be delivered to:
Delivery Address:
Phone:
Fax:
Email/Username:

6. ORDERING PARTY INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:

7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the product(s) (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If a campaign has been organized by the SELLER, the product's basic features can be reviewed during the campaign period. The campaign is valid until the campaign date ends.

7.2. The listed and advertised prices on the website are the sale prices. These prices and promises are valid until updated or changed. The prices announced for a limited time are valid until the specified period ends.

 

 

 

7.3. The total sale price including all taxes of the product or service is shown below.

Product Description | Quantity | Unit Price | Subtotal (including VAT)

Shipping Fee
Total:

Payment Method and Plan
Delivery Address
Person to Receive
Invoice Address
Order Date
Delivery Date
Delivery Method

7.4. The shipping cost, if applicable, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery.

9. GENERAL TERMS

9.1. The BUYER acknowledges that they have read the basic information about the product subject to this Agreement, the sale price, payment method, and delivery details on the SELLER's website, and that they have electronically confirmed this information. The BUYER further acknowledges that they have correctly and fully obtained the address, product features, tax-inclusive price, payment, and delivery details, which should have been provided by the SELLER before the formation of the distance sales agreement.

9.2. The product subject to the Agreement will be delivered to the BUYER or the person/institution specified by the BUYER at the address indicated in the online order, within the period stated on the website, depending on the distance from the BUYER's residence, not exceeding the statutory period of 30 days. If the product cannot be delivered within this period, the BUYER has the right to cancel the Agreement.

 

 

 

 

 

 

9.3. The SELLER undertakes to deliver the product in its entirety, in conformity with the specifications indicated in the order and, where applicable, accompanied by warranty certificates, user manuals, and all other necessary information and documents. Furthermore, the SELLER commits to delivering the product free from any defects and in full compliance with all applicable legal requirements and standards, performing its obligations with accuracy, honesty, due care, attention, and foresight, while also maintaining and enhancing the quality of the service

9.4. The SELLER may supply a product of equal quality and price instead of the product subject to the Agreement, after informing the BUYER and obtaining their explicit consent, without delay.

9.5. If the fulfillment of the order becomes impossible, the SELLER shall inform the BUYER within 3 days of the date the SELLER learns of this situation and return the total amount to the BUYER within 14 days.

9.6. The BUYER agrees that if the product is not paid for or is canceled in the bank records, the SELLER’s obligation to deliver the product ceases.

9.7. If the product is not paid for due to unauthorized use of the BUYER's credit card after delivery to the BUYER or the recipient indicated by the BUYER, the BUYER agrees to return the product within 3 days, with shipping costs covered by the SELLER.

9.8. If, due to force majeure circumstances—i.e., events that arise beyond the control of the parties and are unforeseeable—the SELLER is unable to deliver the product within the agreed period, the SELLER undertakes to notify the BUYER of such situation. The BUYER shall have the right to request that the order be canceled, that the product be replaced (if an equivalent substitute is available), or that the delivery be postponed until the force majeure conditions are resolved. In the event that the BUYER cancels the order, if the payment was made in cash, the full product amount shall be refunded to the BUYER within 14 days. If the payment was made by credit card, the product amount shall be returned to the relevant bank within 14 days. The BUYER acknowledges and accepts that the process for the bank to credit the refunded amount to the BUYER’s account may take an average of 2 to 3 weeks, and that such delay is solely due to the bank’s processing procedures, for which the SELLER shall not be held liable.

9.9. The SELLER has the right to contact the BUYER through the communication details provided during the registration or updated later, for the purpose of communication, marketing, notification, and other purposes.

 

 

 

 

 

9.10. The BUYER shall inspect the product/service prior to accepting delivery; if the product/service is found to be crushed, broken, with torn packaging, or otherwise damaged or defective, the BUYER shall refuse to accept it from the delivery company. Acceptance of the product/service shall be deemed as an acknowledgment that it has been received in an undamaged and intact condition. After delivery, the responsibility to carefully preserve the product/service lies solely with the BUYER. Furthermore, if the right of withdrawal is to be exercised, the product/service must remain unused and the invoice must be returned.

9.11. In the event that the credit card used during the order by the BUYER is not held by the same person, or if a security vulnerability related to the credit card used in the order is detected prior to the delivery of the product, the SELLER may request from the BUYER the identity and contact details of the credit card holder, a copy of the credit card statement for the previous month, or a document from the bank confirming that the credit card indeed belongs to the BUYER. The order shall be suspended until the BUYER provides the requested information /documents, and if such requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.

9.12. The BUYER declares and undertakes that all personal and other information provided during registration on the SELLER’s website is true and accurate, and agrees to immediately, in full and in cash, compensate the SELLER for any and all damages incurred as a result of any inaccuracies in such information upon the SELLER’s first notice.

9.13. The BUYER undertakes from the outset to comply with all applicable legal provisions when using the SELLER’s website and not to violate them. Otherwise, all resulting legal and penal liabilities shall be solely borne by the BUYER."

9.14. The BUYER shall not use the SELLER’s website in any manner that disrupts public order, violates general morality, or is intended for an unlawful purpose, including any use that disturbs or harasses others or infringes upon the material or moral rights of third parties. Furthermore, the BUYER shall not engage in any activities—such as sending spam, viruses, or Trojan horses—that prevent or hinder others from using the services.

9.15. The SELLER’s website may include links to other websites or content that are not under the control of the SELLER and may be owned or operated by third parties. These links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any such website or its operator, nor do they carry any guarantee regarding the accuracy of the information contained in the linked website.

9.16. Any BUYER who violates one or more of the provisions set forth in this Agreement shall be personally liable for any legal or penal consequences arising from such violations and shall indemnify and hold the SELLER harmless from any resulting legal or penal repercussions. Furthermore, in the event that such violations lead to legal proceedings, the SELLER reserves the right to claim damages from the BUYER for non-compliance with the terms of the membership agreement.

 

 

 

 

 

 

10. RIGHT OF WITHDRAWAL

10.1. In the case of distance sales involving goods, the BUYER has the right to withdraw from the contract without incurring any legal or penal liability and without providing any reason, by notifying the SELLER within 14 days from the delivery date to either the BUYER or the designated recipient. In the case of distance sales involving services, the withdrawal period shall commence from the date of signing the contract. However, if the service is initiated with the BUYER’s consent before the withdrawal period expires, the right of withdrawal cannot be exercised. Any costs arising from the exercise of the withdrawal right shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges having been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must submit a written notice to the SELLER by registered mail, fax, or email within the 14-day period, and the product must remain unused in accordance with the 'Products that Cannot Be Returned' section of this Agreement. In addition, upon exercising the right of withdrawal, the following conditions must be met.

(a) The invoice delivered to either a third party or the BUYER must be returned. (If the invoice for the product to be returned is corporate, it must be accompanied by a return invoice issued by the corporation; if a return invoice is not issued for corporate orders, the return cannot be completed.)

(b) The return form must be submitted;

(c) The product to be returned must be delivered completely, with its box, packaging, and any standard accessories, all in undamaged condition;

(d) The SELLER is obliged to refund the full amount and return any binding documents to the BUYER within no later than 10 days from receiving the withdrawal notice, and to collect the returned product within 20 days;

(e) If, due to the BUYER’s fault, there is a decrease in the product’s value or if the return becomes impossible, the BUYER shall compensate the SELLER for the losses in proportion to the BUYER’s fault. However, the BUYER shall not be held responsible for any changes or deterioration in the product resulting from its proper use within the withdrawal period;

(f) If the exercise of the withdrawal right causes the total amount to fall below the campaign limit set by the SELLER, the discount granted under the campaign shall be cancelled."

11. PRODUCTS THAT CANNOT BE RETURNED

Products that are prepared upon the BUYER’s request or specifically to meet personal needs—and which are not suitable for return—include, but are not limited to, undergarments (including underwear), swimwear (including bathing suits and bikini bottoms), makeup products, disposable items, and products that are prone to rapid spoilage or may soon expire.

 

 

 

 

 

Furthermore, if such products, once delivered to the BUYER, have their packaging opened, they cannot be returned for reasons of health and hygiene; similarly, products that, after delivery, become mixed with other items such that separation is impossible due to their inherent nature, products related to periodicals (such as newspapers and magazines) except those provided under a subscription contract, as well as services performed immediately in an electronic environment or intangible goods (including audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables) whose packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation.

In addition, for cosmetic and personal care products, undergarments, swimwear, books, reproducible software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (such as toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must remain unopened, untried, undamaged, and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER, having made the payment by credit card, defaults, the BUYER agrees and undertakes to pay any applicable interest in accordance with the credit card agreement with the issuing bank and to be liable to the bank for the outstanding amount. In such an event, the relevant bank may take legal action and may claim any incurred expenses and attorney fees from the BUYER. Furthermore, in the event that the BUYER defaults on the debt, the BUYER further agrees and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed fulfillment of the payment obligation.

13. JURISDICTION

In case of any disputes arising from this Agreement, the consumer will file complaints and objections with the Consumer Arbitration Board or the Consumer Court of the BUYER's place of residence or where the consumer transaction was conducted.

14. EFFECTIVE DATE

The BUYER is considered to have accepted all the terms of this Agreement when the payment for the order is completed. The SELLER is responsible for ensuring that the BUYER has read and accepted the terms of this Agreement.