Customer Sales Agreement Preliminary Information Text
BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES CONTRACT PRELIMINARY INFORMATION TEXT
This preliminary information text, imposed on us by Article 5 of the Distance Contracts Regulation of the Ministry of Commerce, is shared with the aim of providing preliminary information to the buyer before establishing a distance sales contract.
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or provider, mersis number, if any,
c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf or on behalf of the seller or provider, if any,
d) If the seller or provider has different contact information than those specified in paragraph (c) for the consumer to convey his complaints, information regarding these,
d) The total price of the goods or services, including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all transportation, delivery and similar additional costs, if any, and information that additional costs may be paid if these cannot be calculated in advance,
e) Additional cost imposed on consumers in cases where the fee for using the remote communication tool cannot be calculated based on the normal fee schedule during the establishment of the contract,
f) Information regarding payment, delivery, performance and commitments regarding these, if any, and the seller's or provider's solution methods for complaints,
g) In cases where there is a right of withdrawal, information about the conditions, duration, procedure and carrier specified by the seller for the return of this right,
g) Full address, fax number or e-mail information to which the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information regarding whether the consumer will not be able to benefit from the right of withdrawal or under what conditions he will lose his right of withdrawal,
i) Upon the request of the seller or provider, deposits or other financial guarantees that must be paid or provided by the consumer, if any, and the conditions related to them,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information regarding which hardware or software the digital content can work with, which the seller or provider knows or is reasonably expected to know,
k) All information regarding the ability of consumers to file their disputes with the Consumer Court or the Consumer Arbitration Committee is available on our website and in our contract.
The above information has been submitted for your information, approval and acceptance as an integral part of the distance sales contract.
BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES CONTRACT
This contract includes the sale-delivery to the buyer of the following products/services that the buyer (consumer) wants to purchase by placing an order on the seller's (Black Fashion) website https://www.blackfashion.com.tr/, which operates electronic commerce. It regulates the obligations of the parties regarding and other matters in accordance with the relevant legal legislation and articles 48 et al of the Law No. 6502 on the Protection of Consumers.
1. Parties
| SELLER IDENTIFICATION | BLACK GROUP TEXTILE TRADE LIMITED COMPANY |
| PAYMENT DEPARTMENT NUMBER | BEŞİKTAŞ 0010977045 |
| ADDRESS | SİNANPAŞA MAH. SÜLEYMAN SEBA CAD. NO:14 İÇ KAPI NO:5 BEŞİKTAŞ/İSTANBUL |
| TELEPHONE | 0850 888 88 23 |
| MERSIS NO | 0001 0977 0450 0014 |
| BANK ACCOUNT INFORMATION | TR17 0006 2000 4260 0006 2906 75 BLACK GROUP TEXTILE TRADE LIMITED COMPANY |
BUYER IDENTIFICATION | |
| IDENTIFICATION NUMBER | |
| ADDRESS | |
| TELEPHONE | |
| PLACE & YEAR OF BIRTH | |
| BANK ACCOUNT INFORMATION |
2. Contract Product, Price, Payment and Delivery
1. Delivery information, including the type and type of the products, quantity, brand, model, color, unit price and sales price, payment (collection) information and the delivery location specified by the buyer, are as stated below. If the cargo company that will make the delivery does not have a branch in the buyer's location, the buyer must pick it up from another nearby branch to be notified by Black Fashion. Other delivery-related issues are specified in Article 6 of the contract below.
2. It will be delivered from the Black Fashion store where the buyer selected the product during the order to the delivery point chosen by the buyer within 15 days at the latest. After the product is left at the delivery point, the buyer will receive the product within 14 business days at the latest between 10:00 - 22:00, with the code sent to the phone number / e-mail address provided on the website when registering. If the buyer does not receive the product within this period, he will be deemed to have returned the product and the product price will be refunded to the credit card/bank account from which he placed the order. The buyer can call the customer service number +90 850 888 88 23 free of charge and send a written notification to the e-mail address info@blackfashion.com.tr or receive written WhatsApp consultancy service via +90 850 888 88 23 to get information about their orders and submit their complaints.
3. Matters for which the Buyer is Informed in Advance
one . The Buyer confirms that he/she has been informed about the following issues by seeing and reviewing all general and specific explanations on the relevant pages and sections of the Website before this contract is accepted and established by the Buyer on the website and before entering into the obligation of placing the order and payment.
2. Black Fashion's title, contact information and current promotional information,
3. Appropriate tools-methods for the stages of the sales process when purchasing the products from the website and for correcting incorrectly entered information,
4. Electronic contact information where Black Fashion can obtain information on the rules of conduct prescribed by the professional chambers to which it is a member regarding the profession, privacy, data use-processing and electronic communication rules applicable to buyer information applied by the Seller, and the permissions given by the buyer to Black Fashion in these matters, legal rights of the buyer, Black Fashion's rights and the rights of the parties, shipping restrictions stipulated by Black Fashion for the products,
5. The payment method-tools accepted by Black Fashion for the products subject to the contract, the basic features of the products, the total price including taxes (the total price that the buyer will pay to Black Fashion, including the relevant expenses),
6 . Information about the procedures for delivering the products to the buyer and transportation-delivery-cargo costs,
7.Other payment/collection and delivery information regarding the products and information regarding the execution of the contract, commitments and responsibilities of the parties in these matters,
8 . Products and other goods and services for which the buyer does not have the right of withdrawal,
9. In cases where the buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right and that the buyer will lose his right of withdrawal if the right is not exercised within the specified period,
10. For products with the right of withdrawal, if the product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the buyer's request for withdrawal may not be accepted and he will be responsible to Black Fashion in any case, as accepted by Black Fashion. In such cases, it may collect an amount it deems appropriate according to the defect or change in question, by deducting it from the refund to be made to the buyer,
11th . In cases where the right of withdrawal exists, how the products can be returned to Black Fashion and all related financial issues (including return methods, costs and refund of the product price, and discounts and deductions that can be made for the reward points earned/used by the Buyer during the return),
12 . If the buyer is a legal entity, he/she cannot use "consumer rights", especially the right of withdrawal, for the products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
13 . According to its nature, since this contract and all other sales conditions included in this contract are approved and established by the buyer on the website and then sent to the buyer by e-mail, it can be stored and accessed by the buyer for the desired period of time, and Black Fashion can keep it for three years.
14. In case of dispute, the buyer can submit his/her complaints to Black Fashion with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
15. The buyer can call the customer service number +90 850 888 88 23 free of charge to get information about his order and submit his complaints and send a written notification to the e-mail address info@blackfashion.com.tr or write a WhatsApp consultation via the service number +90 850 888 88 23. Preliminary information regarding receiving the service has been accepted by the buyer.
4. Right of Withdrawal
one . The buyer has the right to withdraw from this contract within fourteen (14) days from the date of receipt of the product without giving any reason and without paying any penalty. The buyer who will exercise his right of withdrawal must have fulfilled his obligation to notify Black Fashion of his desire to benefit from this right within the legal period and under the conditions specified in this agreement. In cases where the right of withdrawal is possible, the buyer is responsible for any changes or deteriorations that occur if the buyer does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration due to not using the product in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the buyer may lose his right of withdrawal; In cases where it is accepted by the seller, a discount is made from the price of the product to be returned, equal to the change / deterioration. In cases where the right of withdrawal exists, it is sufficient for the buyer to send a clear notification to Black Fashion (send it verbally/in writing to the contact addresses specified above) within the legal 14-day period, stating that the buyer has exercised his right of withdrawal.
2. Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In determining the period of right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day when the consumer or the third party designated by the consumer receives the last good,
b) In case of goods consisting of more than one piece, the day when the consumer or the third party designated by the consumer receives the last piece,
c) In contracts where regular delivery of goods is made for a certain period of time, the day when the consumer or the third party determined by the consumer receives the first goods is taken as basis.
3. In cases where there is no right of withdrawal, the Buyer may deliver the product to be returned only to cargo companies with which Black Fashion has an agreement. Returns and transportation costs of products delivered to Black Fashion by any cargo company other than these cargo companies are not accepted. Returns will definitely be made with the original box or packaging. If the original box/packaging is damaged (for example, the product has a cargo label attached to the original box and/or is taped with cargo duct tape, etc.), has lost its resaleability, has been purchased by another customer. Returns of products that cannot be received are not accepted. The buyer delivers the product he wants to return to Black Fashion along with the original shipping note and a petition containing the reason for the return.
4 . If the buyer wants to cancel the order, he must request cancellation via e-mail address, phone number or +90 850 888 8823 customer service number. Thereupon, Black Fashion notifies the buyer via e-mail that the cancellation has been completed. It should be noted that in cancellation transactions, if the product is not shipped, the entire fee will be refunded using the method used in the transaction, and if the product is shipped, the refund will be made to the buyer by deducting the shipping fee.
5. Rules Concerning Security, Privacy, Personal Information, Electronic Communications and Intellectual-Industrial Property Rights
one . The privacy rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other matters of information on the website.
2. Necessary precautions for the security of the information and transactions entered by the buyer on the website have been taken within the system infrastructure of Black Fashion, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the recipient device, it is the responsibility of the recipient to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the recipient and cannot be accessed by unauthorized persons.
3 . Black Fashion will use the information obtained during the buyer's membership and shopping on the website, for all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card and membership applications, electronic and other commercial-social communications, indefinitely, before the specified parties and their successors. They can be recorded for a certain period of time, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. This data may also be forwarded to the relevant authorities and courts when required by law.
4 . The Buyer consents and allows the use, sharing, processing of his/her existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and the making of commercial and non-commercial electronic communications and other communications.
5. The Buyer can stop data use, processing and/or communications at any time by contacting Black Fashion through the specified communication channels. The procedure for this is stated in detail in the Personal Data Protection Procedures on the website.
6 . Regarding all kinds of information and content of the website and their arrangement, revision and partial/full use; According to Black Fashion's agreement, excluding those belonging to other third parties; All intellectual-industrial rights and property rights belong to Black Fashion.
7. Black Fashion reserves the right to make any changes it may deem necessary regarding the above issues; These changes are valid as soon as they are announced by Black Fashion on the website or other appropriate methods.
8 . Other sites accessible from the website have their own privacy-security policies and terms of use. Black Fashion is not responsible for any disputes that may arise and their negative consequences.
6. General Provisions
1. The product subject to the contract is delivered to the buyer or the third party/organization at the address indicated on the website, on the basis of the principles specified below and in Article 2 of this contract, provided that the legal 15-day period is not exceeded.
2. In general and unless expressly stated otherwise, delivery costs (shipping fee, etc.) are the responsibility of the buyer. Black Fashion may not reflect all or part of the delivery costs to the buyer, depending on the campaigns it runs at the time of sale and whose terms are announced on its website.
3. If the buyer is not personally present at the address at the time of delivery of the products and the people at the address do not accept the delivery, Black Fashion will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the buyer's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the buyer, Black Fashion cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damage caused by the buyer's late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to Black Fashion belong to the buyer.
4 . The buyer is responsible for checking the product upon receipt and, if he sees a problem with the product caused by the cargo, not to accept the product and to file a report with the cargo company official. Otherwise, Black Fashion will not accept responsibility.
5. The buyer must have paid the price in full before receiving the product, unless otherwise stipulated in writing by Black Fashion. In cash sales, if the price of the product is not paid in full to Black Fashion before delivery, and in installment sales, if the due installment amount is not paid, Black Fashion may unilaterally cancel the contract and not deliver the product. If, for any reason after the delivery of the product, the bank/financial institution to which the credit card was used does not pay the price of the product to Black Fashion or requests a refund of the price paid, the product will be returned to Black Fashion by the buyer within 3 days at the latest. If non-payment of the product price is due to the buyer's fault or negligence, shipping costs will be covered by the buyer. All other contractual and legal rights of Black Fashion, including monitoring that it will receive the price of the product without accepting the return, are reserved separately and in any case.
6. Black Fashion's legal rights in cases legally considered to be sales in installments (including the rights to terminate the contract and/or demand payment of the entire remaining debt together with default interest in case the installments are not paid) are available and reserved within the framework of the relevant legislation. In case of default by the buyer, default interest is applied at the monthly rate as stipulated by applicable laws.
7. If the product cannot be delivered within the legal maximum period of 15 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, Black Fashion will inform the buyer regarding the delivery. In this case, the buyer can cancel the order, order a similar product or wait until the end of the emergency.
8 . In order cancellations and contract terminations, including contract-lawful withdrawals, if the product price has been collected, it will be returned to the buyer within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the buyer to pay the product price to Black Fashion. For example, in credit card payments, the refund is made by refunding the Buyer's credit card and the product amount is returned to the relevant bank within the same period after the order is canceled by the buyer; Since the reflection of this amount to the Buyer's accounts after the refund of this amount to the bank is made by the Seller is entirely related to the bank transaction process, the Buyer accepts that it will not be possible for Black Fashion to intervene and assume any responsibility for possible delays. Black Fashion has and reserves the right to set off, discount and reduce the amount to be refunded, arising from this agreement and the law. The buyer's legal rights are also reserved and available in cases where the contract is terminated by the buyer due to Black Fashion's failure to perform. If the discount subject to the purchase has expired by the buyer's return period, Black Fashion will be able to return the product by offsetting it with the new price.
9. The Buyer can access and review the said information and this agreement at any time by saving and storing the said e-mail on his device, as they are sent to the e-mail address he notified after his acceptance. On the other hand, it is kept for two years in the systems of Black Fashion.
10 . Black Fashion records (including records on magnetic media such as computer-voice recordings) constitute evidence in resolving any disputes that may arise from this agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
7. Legal Remedies of the Buyer and Competent Judicial Authorities
1. In disputes that may arise from this contract, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts (Istanbul) in his or Black Fashion's place of residence (if he wishes).
2 . The Buyer acknowledges that he/she has read all the conditions and explanations written in this contract and in the order-contract preliminary information (on the website) which forms an integral part, the basic features-qualities of the product(s) subject to sale, sales price, payment method, delivery conditions, Black Fashion and the product subject to sale. that he/she has prior knowledge of all the matters written in Article 3 of this agreement, including all other relevant preliminary information - information and the right of withdrawal, personal information - electronic communication and reward points conditions, that he/she has seen all of them electronically on the website, and that he/she has received electronic confirmation and confirmation of all these. By giving acceptance-permission, he/she accepts and declares that he/she accepts the provisions of this Agreement by ordering the product. Both the preliminary information in question and this contract are sent to the above e-mail address provided by the buyer to Black Fashion, and the confirmation of receipt of the order along with the order summary is also included in the said e-mail.
BLACK GROUP TEXTILE TRADE LIMITED COMPANY DISTANCE SALES CONTRACT WITHDRAWAL FORM Buyer who wishes to exercise the right of withdrawal from the contract: With this form, you can conclude the contract for the sale of the following goods or provision of services: I declare that I have exercised my right of withdrawal. - Order date or delivery date: - Goods or services subject to the right of withdrawal: - The cost of the goods or services subject to the right of withdrawal: - Consumer's name and surname: - Consumer's address: - Consumer's signature: (If you are going to convey your right of withdrawal online, please apply with an e-signature, mobile signature and/or your wet signature image) - History : |