Distance Selling Agreement
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1. SELLER:
Title: SAPOVERA COSMETICS LIMITED COMPANY
Address: Anadolu Mh. 1. Kavaklı Sk. No:5/A Yıldırım/BURSA
Telephone: +90 542 729 46 40
Tax Office: LIGHTENING
Tax Number: 7441223743
Registered Email Address: sapovera@hs01.kep.tr
1.2. BUYER ("CONSUMER"):
Name/Surname/Title:
Address:
Telephone:
E-mail:
History:
By accepting this agreement, the BUYER acknowledges that if they confirm the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this beforehand.
ARTICLE 2 - SUBJECT
The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the CONSUMER from the sapovera.com website, and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection.
The prices listed and advertised on the site are the selling prices. Advertised prices and terms are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
ARTICLE 3 - INFORMATION REGARDING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE AGREEMENT
3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract.
Shipping Fee: This will be selected during the payment step.
Options: Hepsijet
Description | Quantity | Amount Including VAT
| Product | Piece | Amount including VAT |
3.2- Payment Method: This will be selected during the payment step.
Options: Credit Card
3.3- On the other hand, since installment sales are only made with credit cards issued by Banks, the CONSUMER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the CONSUMER, in accordance with the applicable legislation.
3.4 - Return Procedure:
In cases where the CONSUMER exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by an arbitration committee, the refund procedure regarding payment options is outlined below:
a) Refund Procedure for Credit Card Payment Options
If the purchase was made by credit card and in installments, the Bank will refund the CONSUMER in installments, according to the number of installments the CONSUMER used to purchase the product. After the SELLER pays the full product price to the bank in a single payment, in cases where installment payments made through the Bank's POS terminals are refunded to the CONSUMER's credit card, the requested refund amounts are transferred to the cardholder's account by the Bank in installments to prevent any party from being disadvantaged. If the refund date and the card's statement date do not coincide, one refund will be reflected on the card each month for the installment amounts paid by the CONSUMER before the cancellation of the sale. The CONSUMER will receive a refund for the installments paid before the cancellation for the same number of months after the sale installments are completed, and this amount will be deducted from their current debt.
In the event of a return of goods or services purchased with a card, the SELLER cannot make a cash payment to the CONSUMER in accordance with the agreement between the SELLER and the Bank. When a return occurs, the SELLER will process the refund through the relevant software, and since the SELLER is obligated to pay the relevant amount to the Bank in cash or by offsetting, a cash payment to the CONSUMER is not possible according to the procedure described above. The refund to the credit card will be made by the Bank according to the procedure described above, after the SELLER has paid the full amount to the Bank in a single transaction.
The CONSUMER acknowledges and agrees that they have read and accepted this procedure.
b) Refund Procedure for Bank Transfer/EFT Payment Options
Refunds will be processed by bank transfer or EFT to the account specified by the CONSUMER (provided the account is in the name of the person at the billing address or the user member), after requesting the CONSUMER's bank account information.
The SELLER will refund the bank the full amount of the product price in a single payment.
In the event of a return of goods or services purchased via bank transfer/EFT, the SELLER cannot make a cash payment to the CONSUMER due to the agreement between the SELLER and the Bank. When a return occurs, the SELLER will process the return through the relevant software, and since the SELLER is obligated to pay the relevant amount to the Bank in cash or by offsetting, a cash payment to the CONSUMER is not possible according to the procedure described above.
The CONSUMER acknowledges and agrees that they have read and accepted this procedure.
3.5 - Delivery Method and Address:
Delivery Address:
Name/Surname/Title:
Address:
Person to whom the delivery will be made:
Name/Surname/Title:
Address:
Packaging, shipping, and delivery costs are borne by the CONSUMER. The shipping fee is 0.00 TL and is added to the total order amount. It is not included in the product price. If the Seller has stated on their website that they will cover the delivery fee for purchases exceeding a certain amount or during certain campaigns, the delivery cost will be borne by the Seller. Delivery will be made by hand to the CONSUMER's address specified above via the contracted shipping company. Even if the CONSUMER is not present at the address at the time of delivery, our Company will be considered to have fulfilled its obligation completely and fully. Therefore, the SELLER is not responsible for any damages or expenses arising from the CONSUMER's late receipt and/or non-receipt of the product. The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable.
ARTICLE 4 - RIGHT OF WITHDRAWAL
The CONSUMER has the right to withdraw from this Distance Sales Agreement signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The withdrawal period begins on the day the contract is concluded for contracts relating to the provision of services; and on the day the CONSUMER or a third party designated by the CONSUMER receives the goods for contracts relating to the delivery of goods. However, the CONSUMER may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period;
a) In the case of goods that are the subject of a single order but delivered separately, on the day the CONSUMER or a third party designated by the CONSUMER receives the last item,
b) In the case of goods consisting of multiple parts, on the day the CONSUMER or a third party designated by the CONSUMER receives the last part,
c) In contracts where the goods are delivered regularly over a specified period, the date on which the CONSUMER or a third party designated by the CONSUMER receives the first goods shall be taken as the basis. You can initiate the cancellation process by sending your cancellation request via email to info@sapovera.com, located in the contact section of sapovera.com, before the cancellation period expires.
The consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the SELLER or supplier.
(b) Contracts relating to goods prepared according to the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable goods or goods that may expire.
c) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and which are unsuitable for return for health and hygiene reasons (makeup, disposable products, cosmetics, and personal care products). For these products to be returnable, their packaging must be unopened, untried, undamaged, and unused.
d) Contracts relating to goods that, after delivery, are mixed with other products and are by their nature impossible to separate.
e) Contracts relating to books, digital content, and computer consumables presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period.
(g) Contracts relating to services performed instantly in electronic form or intangible goods delivered instantly to the CONSUMER.
h) Contracts relating to services that have commenced with the CONSUMER's consent before the expiration of the withdrawal period.
I) To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be unused in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this agreement. If this right is exercised,
I1) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
12) Products to be returned must be delivered complete and undamaged, including their box, packaging, standard accessories (if any), and any products provided with them.
3) The SELLER is obliged to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to take back the goods within 20 days.
4) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.
15) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received within the scope of the campaign will be canceled.
ARTICLE 5 - GENERAL PROVISIONS
5.1- The CONSUMER declares that they have read and are aware of the preliminary information regarding the product subject to this contract on the sapovera.com website and have provided the necessary confirmation electronically.
5.2- The product will be delivered within a maximum of 30 days from the contract date. All responsibility rests with the SELLER until the product is delivered.
5.3- If the product subject to this contract is to be delivered to a person/entity other than the CONSUMER, the SELLER cannot be held responsible if the recipient refuses delivery.
5.4- The SELLER is responsible for delivering the product subject to the contract in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable. The company can earn points for products included in the campaign using their company information.
5.5 - Points will be awarded for any promotional products such as "buy 3, pay for 2" etc.
5.6- Delivery of the product subject to this contract is conditional upon payment of the contract price using the payment method preferred by the CONSUMER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
5.7- If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the CONSUMER's credit card by unauthorized persons, not resulting from the CONSUMER's fault, the CONSUMER is obligated to return the product to the SELLER, provided that the product has been delivered to the CONSUMER.
5.8- In the event that products sold with or without a warranty certificate are defective (faulty, broken, etc.), or if they malfunction or break down within the scope and conditions of the warranty, the necessary repairs must be carried out by an authorized service center.
5.9- In accordance with the general circular no. 385 of the Tax Procedure Law, in order for refund procedures to be carried out, the relevant sections on the invoice containing the refund section that we sent to you must be completely filled out and signed, and then returned to us along with the product.
5.10- The SELLER acknowledges, declares, and undertakes that if it becomes impossible to deliver the ordered product or service, and thus cannot fulfill its contractual obligations, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.
5.11. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes, using the address, email address, landline and mobile phone numbers and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER, and to share this information with the CARGO COMPANY that will undertake the delivery of the order and the INTERMEDIARY COMPANY that will send the e-invoice/e-archive invoice. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.
5.12. The BUYER shall inspect the goods/services subject to the contract before taking delivery; the BUYER shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. Goods/services received shall be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned in all its copies.
5.12. If the BUYER and the credit card holder used during the order process are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming 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.
5.13. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
5.14. The BUYER hereby accepts and undertakes to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.
5.15. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
5.16. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.
ARTICLE 6 - DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that if they default on payment when using a credit card, they will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement between them and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the SELLER for any damages and losses incurred due to the delayed performance of the debt.
ARTICLE 7 - DISPUTE AND COMPETENT COURT
In case of disputes arising from this agreement; for disputes up to the value announced annually by the Ministry of Trade, the Provincial or District Consumer Arbitration Boards in the place where the consumer transaction took place or where the consumer resides shall have jurisdiction, and for disputes exceeding that value, the Consumer Courts in the place where the consumer transaction took place or where the consumer resides shall have jurisdiction.
By placing an order, the CONSUMER is deemed to have accepted all the terms and conditions of this agreement.
SALES PERSON :
Title: SAPOVERA COSMETICS LIMITED COMPANY
Address: Anadolu Mh. 1. Kavaklı Sk. No:5/A Yıldırım/BURSA
Telephone: +90 542 729 46
Tax Office: LIGHTENING
Tax Number: 7441223743
Registered Email Address: sapovera@hs01.kep.tr
BUYER("CONSUMER") :
Name/Surname/Title:
Address:
Telephone:
E-mail:
History:
