Distance Sales Contract
ARTICLE 1 - PARTIES
Title: Zelal Giyim Sanayi ve Ticaret Limited Company
Address: Sıracevizler Cad. Huzur Sk. No: 21, Bomonti 16340 Istanbul, Turkey
Phone: (0212) 296 82 53
Mersis No: 0997007995600012
The person who is a member of the jusdepommes.com shopping website as a customer.
The address and contact information used during registration will be used as the basis.
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this Distance Sales Agreement (hereinafter referred to as the "Agreement") is the sale and delivery of products that have the properties referred to in this agreement, and that are ordered by the BUYER from the www.jusdepommes.com internet site of the SELLER, in electronic environment, in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, with the determination of the rights and obligations of the parties.
The BUYER declares that he/she is aware of the basic characteristics, sales price, payment method, delivery conditions, etc. of the products subject to sale and all prior information and the right to withdraw regarding the product subject to sale, that he/she confirms this prior information electronically, and that he/she orders the product subsequently, and accepts and declares that he/she is bound by the provisions of this Agreement. The prior information and invoice on the www.jusdepommes.com site are an integral part of this Agreement. It is assumed that when the order is placed, the BUYER accepts all the terms of this Agreement and enters into a payment obligation.
The type, quantity, brand/model, color, total sale price including all taxes, payment method, delivery method and shipping fee of the product are as stated in the information on the product introduction page on the www.jusdepommes.com website and in the invoice, which is an integral part of this Agreement. The SELLER shall not be held liable for any pricing update errors arising from technical reasons. The prior information and the provisions of this Agreement are sent to the electronic mail address reported by the BUYER, and the confirmation of the order is also included in the said electronic mail along with an order summary.
ARTICLE 3 - PAYMENT OF PRODUCT PRICE
3.1. Shopping can be done on the website www.jusdepommes.com by credit card or bank transfer. Orders that are not transferred within 3 (three) days from the order date will be canceled. The time of processing an order is not the date the order was given, but the time when the necessary collection was made from the credit card or the transfer reached the bank account. By confirming the order, the BUYER shall be liable to pay for the products ordered.
In order for the BUYER to make a payment by credit card, the credit card information must be filled out completely and accurately in the relevant section.
3.2. Payment can be made in one installment by credit card, or in installments as determined by campaigns. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the Bank shall apply. The Bank may apply a number of installments higher than the number of installments selected by the BUYER, and may offer services such as installment deferment, by organizing campaigns. Such campaigns are at the discretion of the Bank.
3.3. As deferred sales are made only with credit cards belonging to the Bank, the BUYER accepts, declares and undertakes that he will confirm the relevant interest rates and information about default interest from the Bank separately, 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 BUYER in accordance with the applicable legislation.
3.4. In case of payments made in installments, the refund will be reflected on the credit card used for the transaction on a monthly basis, and this is completely related to the process and practices of the Bank.
ARTICLE 4 - DELIVERY AND DELIVERY METHOD
4.1. The product will be delivered to the delivery address requested by the BUYER by the authorized representative of the cargo company agreed upon by the SELLER. The BUYER acknowledges that delivery to the address provided by the BUYER and the person at that address at the time of delivery will be considered delivery to the BUYER. Even if the BUYER is not present at the time of delivery, the SELLER will be considered to have fulfilled its obligation fully and completely. Therefore, any damages resulting from the BUYER's late receipt of the product and/or the product waiting at the cargo company and/or the cost of returning the cargo to the SELLER are the BUYER's responsibility.
4.2. If the consumer requests that the goods be sent by a carrier other than the one designated by the seller, the seller shall not be liable for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
4.3. The delivery of the product subject to this Agreement is subject to the approval of this Agreement by the BUYER and the payment of the product price by the payment method chosen by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is considered to have been released from the obligation to deliver the product.
4.4. The delivery is made within the time frame committed by the SELLER from the date the order reaches the SELLER, without exceeding 30 (thirty) legal days. If the SELLER is unable to deliver the product subject to this Agreement within the specified time due to stock shortages, similar commercial impossibilities, unforeseen circumstances, force majeure or transportation disruptions caused by adverse weather conditions, the SELLER shall inform the BUYER.
ARTICLE 5 - BUYER'S STATEMENTS AND COMMITMENTS
The BUYER agrees and commits to fulfill the obligations imposed on him in the contract without any deficiencies, unless due to force majeure.
By approving the order, the BUYER is considered to have accepted the terms of this contract and agrees and commits to make payment in accordance with the payment method specified in the contract.
The BUYER is responsible for inspecting the subject product of the contract before receiving it, and for recording the damages, such as scratches, breaks, damaged packaging, etc., caused by transportation, and not accepting them from the cargo company. Otherwise, the SELLER will not accept responsibility, and the product received will be considered as undamaged and sound. The responsibility for carefully preserving the product after delivery is that of the BUYER. The BUYER agrees and commits to return the original invoice, and in case of corporate purchases, the return invoice, at the time of return.
ARTICLE 6 - SELLER'S STATEMENTS AND COMMITMENTS
The SELLER is responsible for delivering the subject product of the contract in a sound, complete, and in compliance with the specifications stated in the order, along with any warranty documents and user manuals, if any.
If the subject product of the contract is to be delivered to another person/organization other than the BUYER, the SELLER will not be held responsible in case of non-acceptance of delivery by that person/organization.
In case the delivery of the product becomes impossible, the SELLER will notify the BUYER in a lawful manner within 3 (three) days from the date of learning about it. In this case, the BUYER may exercise one of the rights to cancel the order, to replace the subject product of the contract with its equivalent, if any, or to postpone the delivery until the impediment is removed. In case of cancellation of the order by the BUYER, the amount paid and any documents that put the buyer in debt will be returned within 14 (fourteen) days from the date of cancellation.
ARTICLE 7 - FORCE MAJEURE
Circumstances that did not exist or were not foreseeable at the time of signing the contract, that occur outside the control of the parties, and that make it impossible for one or both parties to partially or fully fulfill their obligations or to fulfill them on time under the contract, shall be considered as force majeure (Natural disasters, war, terrorism, rebellion, changes in legislation, seizure or strikes, lockout, significant malfunctions in production and communication facilities, etc.). The party experiencing force majeure shall immediately and in writing inform the other party of the situation. Neither party shall be liable for failure to perform their obligations during the continuation of force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate the contract unilaterally.
For overseas sales, returns are not accepted due to the Covid-19 pandemic.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1 In distance contracts for the sale of goods, the consumer may exercise the right of withdrawal by rejecting the goods without any legal or penal liability and without any reason within 14 (fourteen) days from the delivery date of the goods to himself or to the person/organization at the address indicated. The period of withdrawal starts from the date of service in the case of service contracts, and from the date of delivery of the goods to the consumer or to a third party designated by the consumer in the case of sales contracts. 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 period of withdrawal;
a) In the case of goods delivered separately, the day on which the consumer or a third party designated by the consumer received the last goods,
b) In the case of goods consisting of multiple parts, the day on which the consumer or a third party designated by the consumer received the last part,
c) In the case of contracts for the regular delivery of goods for a certain period of time, the day on which the consumer or a third party designated by the consumer received the first goods shall be taken into account.
8.2 To exercise the right of withdrawal, it is mandatory to notify the seller by registered mail, e-mail or fax within 14 (fourteen) days. If the notification of the exercise of the right of withdrawal is made by registered mail, it can be sent to the address indicated under the heading "SELLER INFORMATION" in Article 1, or by fax or e-mail to the fax number or e-mail address given in the same article.
8.3 For the return process to be carried out, the return form sent to the consumer must be filled out completely and placed in the return package. The invoice of the product delivered to a third party or the buyer, (if the invoice is for a corporation, the return invoice issued by the corporation must be sent along with it. Orders returned on behalf of corporations will not be completed if the RETURN INVOICE is not issued)
8.4 Products to be returned must be delivered along with their box, packaging, and standard accessories, if any.
8.5 The seller is obliged to return the total amount and documents that put the consumer in debt to the consumer within 14 days from the receipt of the cancellation notice.
The seller shall make all reimbursements specified in the first provision in a single transaction and in a manner appropriate to the payment method used by the consumer, and without imposing any additional costs or obligations on the consumer.
(In the event that the consumer uses the installment option on his credit card during the purchase, the refund process will also be made to the bank in a single transaction, and the bank's payment of the relevant amount to the consumer in installments is not considered a violation of this article)
8.6 Products returned due to the right of withdrawal will be returned to the seller via Aras Cargo. In cases where the product is not returned with the specified cargo company, the return costs will be paid by the consumer.
8.7 The consumer is obliged to return the goods to the seller within ten days from the date on which the consumer directs the right of withdrawal.
8.8 If there is a decrease in the value of the goods due to a reason arising from the fault of the BUYER, or if the return becomes impossible, the BUYER shall be liable to compensate the SELLER for the damages incurred in proportion to the fault.
8.9 In the event that the campaign limit amount is lowered by the SELLER as a result of the use of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
ARTICLE 9: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED AND THE CIRCUMSTANCES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The sale of goods that are not suitable for return due to their nature, single-use, and the risk of deterioration or expiry, and contracts related to sound or visual recordings, software programs, and computer consumable materials, where the consumer has opened the packaging, are not subject to the right of withdrawal.
a) Contracts related to goods or services whose prices vary according to fluctuations in financial markets and that are not under the control of the seller or supplier.
b) Contracts related to goods made to the consumer's specifications or personal needs.
c) Contracts related to the delivery of perishable or goods with a limited shelf life.
d) Contracts related to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened, which are not suitable for return for reasons of health and hygiene.
e) Contracts related to goods that, by their nature, cannot be separated from other goods after delivery.
f) Contracts related to consumable materials whose protective elements such as packaging, tape, seal, or wrapping have been opened.
g) Contracts related to services performed or goods delivered immediately in electronic form.
h) Contracts related to services for which performance has begun with the consumer's prior express consent and with the consumer's agreement that he or she will lose the right of withdrawal once the performance has begun.
The BUYER grants the SELLER and its current and future affiliates, subsidiaries, partners, successors and/or third parties designated by them, permission to record, store, process, update, share, transfer and use their personal information for any form of advertising, promotion, communication, sales, marketing, store card, credit card and membership applications, either indefinitely or for the duration specified, through all forms of communication such as SMS, internet, mail, phone, etc, unless otherwise specified. If the BUYER wishes to change their data sharing preferences, they may do so by communicating their request through the channels specified by Zelal Clothing Industry and Trade Limited Company.
Information entered on the www.jusdepommes.com website for the purpose of membership, product/service purchase and updating information, as well as confidential information related to credit and bank cards, cannot be viewed by other internet users.
ARTICLE 11 - CLAIMS AND COMPLAINTS / LEGAL APPLICATION ROUTES
The BUYER can inform the SELLER of the claims and complaints related to the product and sale through the communication channels provided below, in verbal or written form.
Zelal Clothing Industry and Trade Limited Company
Customer Service Phone: (0212) 296 82 53
Address: Sıracevizler Cad. Huzur Sk. No: 21, Bomonti 16340 Istanbul, Turkey
MERSIS Number: 0997007995600012
Registered Electronic Mail (KEP) Address: firstname.lastname@example.org
In case of disputes arising from this Agreement, the Consumer Arbitration Boards and Consumer Courts authorized by the Ministry of Customs and Trade are authorized within the monetary limits announced by the Ministry of Customs and Trade annually, in accordance with the law, where the consumer's residence or the place where the contract was made is located.
ARTICLE 12 - BUYERS WHO ARE NOT CONSUMERS
Benefiting from the regulations made mandatory by the Law on the Protection of Consumers within the scope of this agreement is dependent on the BUYER being a consumer as defined in the Law No. 6502. In case the BUYER is not a consumer, it is not possible to benefit from the provisions of this agreement, and the sale contract will be evaluated within the scope of general provisions and the disputes that may arise will be resolved in this framework. The Istanbul Courts and