Distance Sales Contract
ARTICLE 1 Seller Information
Title | : | In the left |
Address | : | Riva district Umutcan street No.5 Beykoz – Istanbul |
Telephone | : | |
Email address | : | info@solilde.com |
Product return address | : | Riva district Umutcan street No.5 Beykoz – Istanbul |
ARTICLE 2 - SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the www.solilde.com website belonging to the SELLER.
ARTICLE 3 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him/her or to the person/organization at the address he/she has indicated, without having to give any reason.
In order to exercise the right of withdrawal, it is required that the SELLER be notified by fax, telephone or e-mail within 14 days and that the packaging and content of the product are not damaged during normal use and can be offered for resale by the SELLER in accordance with the provisions of Article 6 and the preliminary information published on the www.solilde.com Internet Site, which is an integral part of this Agreement. In case of exercise of this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER and the product will be returned within 20 days. The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
The shipping cost of the product returned within the period for any reason will be covered by the SELLER.
When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned. If the invoice is not sent to the SELLER with the product, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The phrase "return invoice" will be written on the invoice to be returned with the product and will be signed by the BUYER.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER declares that he/she has read the preliminary information regarding the basic characteristics of the product subject to the Agreement, the sales price including all taxes, the payment method, delivery and the expenses of which will be covered by the BUYER, the delivery period and the full commercial title, full address and contact information of the SELLER on the www.solilde.com website, and that he/she has accurate and complete information and has given the necessary confirmation electronically. The preliminary information form on the payment page of the www.solilde.com website and the invoice related to the sale are integral parts of this Agreement.
4.2 These two copies of the Agreement, previously signed by the SELLER, will be deemed to have been accepted by the BUYER on 10.11.2023 by clicking the "I have read and accept" section and a copy will be sent to the BUYER's e-mail address.
4.3 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed a period of 30 days. If the seller does not fulfill its obligation within this period, the consumer may terminate the contract.
4.4 All shipping costs related to the delivery indicated in Article 3 shall be covered by the BUYER. If the SELLER has declared on its website that the delivery costs will be covered by those who shop above the amount declared or in some of its campaigns, the delivery costs shall be covered by the SELLER. Delivery shall be made as soon as possible after the stock is available and the price of the goods is transferred to the SELLER's account.
4.5 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.6 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and for the failure to deliver the ordered product to the BUYER.
4.7 SELLER is responsible for the delivery of the product subject to the Contract, intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.8 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the Contract, provided that it has a justified reason.
4.9 If the SELLER cannot fulfill its obligations under the Agreement in case the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the Agreement and may supply the BUYER with a different product of equal quality and price.
4.10 For the delivery of the contractual product, it is a condition that the signed copy of this Agreement is delivered to the SELLER and the price is paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.11 If the bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
4.12 If the SELLER cannot deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the Contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. In the event that the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single transaction within 10 days.
In payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 10 days after the order is cancelled by the BUYER. The reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process and it is not possible for the SELLER to intervene in this matter in any way.
ARTICLE 5 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, returns of single-use products, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted.
The return of the following products is subject to the condition that the packaging of the product is unopened, undamaged and the product is unused and untested.
- All kinds of Cosmetic Products
- Underwear Products
- All Kinds of Personal Care Products
ARTICLE 6 - DEBTOR'S DEFAULT
In case of default by the BUYER, the BUYER agrees to pay the SELLER's losses and damages due to the delayed performance of the debt. In cases where the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to meet any loss and damage claims.
ARTICLE 7 - COMPETENT COURT
In the implementation of this Agreement, the consumer may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December of each year.
ARTICLE 8 - CONSUMER RIGHTS
Defective Goods
Goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, introduction and user manual or in advertisements and announcements or declared by the seller or determined in their standards or technical regulations, or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of their allocation or purpose of use, are considered defective goods.
In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free equivalent, or to request a discount in proportion to the defect, or to request free repair. The seller is obliged to fulfill this request made by the consumer. Along with one of these optional rights, the consumer also has the right to request compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or damage to other goods in use.
If those held responsible for the defect under this article have not assumed responsibility for the defect for a longer period, liability for defective goods is subject to a two-year limitation period starting from the date of delivery of the goods to the consumer, even if the defect has occurred later. Claims for all kinds of damages caused by defective goods are subject to a three-year limitation period. These claims shall cease to exist after ten years, starting from the day the goods causing the damage were put on the market. However, if the defect of the goods sold was concealed from the consumer by the gross negligence of the seller or by fraud, the limitation period cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is mandatory for the manufacturer or seller to place a label on the defective product or its packaging that the consumer can easily read, stating "defective". This label is not required in places where only defective products are sold or where a section such as a floor or aisle is permanently dedicated to the sale of defective products in a manner that the consumer can know. The fact that the product is defective is indicated on the invoice, receipt or sales document given to the consumer.
Unsafe goods cannot be placed on the market even with a defective label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.
These provisions also apply to any consumer transaction related to the sale of goods.
Warranty Certificate
Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility for completing the warranty certificate, which includes the date and number of the invoice for the goods, and giving it to the consumer belongs to the seller, dealer or agent. The warranty period starts from the date of delivery of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
In case of malfunction of the goods covered by the warranty certificate during the warranty period, the seller is obliged to repair the goods without demanding any fee such as labor cost, cost of replaced parts or any other fee.
If the consumer has exercised his/her right to repair, he/she may exercise his/her optional rights in cases where the product is not used continuously due to frequent malfunctions during the warranty period, or the maximum time required for repair is exceeded, or it is understood that repair is not possible. The seller cannot reject this request. If this request of the consumer is not fulfilled, the seller, dealer, agent, manufacturer-producer and importer are jointly and severally liable.
Malfunctions resulting from the consumer's use of the product contrary to the matters stated in the user manual are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of the faults of these goods, after consulting the Turkish Standards Institute.
Warranty and Repair Period
The warranty period starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.
If the warranty period is determined in another unit of measurement, the product must have a mechanism for determining this unit of measurement or its structure must be suitable for determining this value. Otherwise, the warranty period is assumed to be 2 years.
In case of malfunction of the product, the time spent in repair is added to the warranty period.
The repair period of the product cannot exceed the maximum repair period declared in the attached list. This period starts from the date of notification of the malfunction of the product to the service station or, in the absence of a service station, to the seller, dealer, agency, representative, importer or manufacturer-producer of the product. The consumer can notify the malfunction by telephone, fax, e-mail, registered mail or similar means. However, in case of disagreement, the burden of proof belongs to the consumer.
If the fault of the product cannot be fixed within 10 working days, the manufacturer-producer or importer must allocate another product with similar features to the consumer's use until the repair of the product is completed.
Free Repair Obligation
In case the product malfunctions due to material, workmanship or assembly errors within the warranty period, the seller is obliged to repair it or have it repaired without demanding any fee such as labor cost, cost of replaced parts or any other fee.
Whether or not there is a usage error in the malfunctions is determined by a report prepared by the service stations or, if there is no service station, by the seller, dealer, agent, representative, importer or manufacturer-producer of the product, respectively.
Consumers may apply to the arbitration committee for consumer problems with a request for an expert to determine the issue in relation to the report specified in the second paragraph of this article.
Other Obligations
Despite the consumer exercising his right to repair the product;
a) If the product malfunctions at least four times within a year, or six times within the warranty period determined by the manufacturer-producer and/or importer, as of the date of delivery to the consumer, and these malfunctions permanently prevent the use of the product,
b) Exceeding the maximum time required for repair,
c) Determining that the repair of the fault is not possible, through a report prepared by the company's service station or, if there is no service station, by one of its seller, dealer, agency, representative, importer or manufacturer-producer, respectively,
In such cases, the consumer may request the free replacement of the goods, a refund or a discount in proportion to the defect.
The report specified in subparagraph (c) of this article must be prepared within fourteen days from the date of application by the consumer. In cases where the report is not prepared within the specified period or the consumer does not accept the report, the consumer may apply to the relevant consumer problems arbitration board and request that the current situation be determined.
The seller cannot reject the specified demands of the consumer. The seller, dealer, agent, manufacturer-producer and importer are jointly and severally liable for these demands of the consumer.
SALES PERSON
In the left