DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Company Name: oztursan.com.tr
1.2 – BUYER
The person who becomes a member of the oztursan.com.tr shopping website as a customer.
The address and contact information provided during membership registration shall be taken as the basis.
ARTICLE 2 – SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER through the website oztursan.com.tr, the characteristics and sales price of which are specified below.
ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, unit number, sales price, payment method, and all information available at the time the order is completed constitute the product/service subject to this Agreement.
ARTICLE 4 – GENERAL PROVISIONS
4.1
The BUYER declares that they have read and been informed about the basic characteristics of the product subject to the Agreement, its sales price including all taxes, payment method, delivery details, the fact that delivery costs shall be borne by the BUYER, the delivery period, and the SELLER’s full trade name, address, and contact information as provided on the website oztursan.com.tr, and that they have electronically confirmed this information.
By confirming this Agreement electronically, the BUYER acknowledges that they have accurately and completely obtained all information that must be provided by the SELLER prior to the conclusion of a distance contract, including the SELLER’s address, the essential characteristics of the products ordered, the prices including taxes, and payment and delivery information.
4.2
The product subject to the Agreement shall be delivered to the BUYER or to the person/entity designated by the BUYER within the period specified in the preliminary information on the website, depending on the distance to the BUYER’s place of residence, provided that it does not exceed 14 days.
All shipping costs related to delivery stated in Article 3 shall be borne by the BUYER and reflected on the invoice under the title “Shipping Fee.”
4.3
If the product is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if the recipient refuses to accept the delivery.
4.4
The SELLER shall not be held responsible if the product cannot be delivered to the BUYER due to any problems encountered by the shipping company during delivery.
4.5
The SELLER is responsible for delivering the product in a sound and complete condition, in compliance with the specifications stated in the order, together with warranty documents and user manuals, if applicable.
4.6
Provided there is a justified reason, the SELLER may supply a different product of equal quality and price before the performance obligation under the Agreement expires.
4.7
If fulfillment of the ordered product or service becomes impossible, the SELLER shall notify the BUYER before the performance period expires and may supply another product of equal quality and price.
4.8
Delivery of the product is conditional upon this Agreement having been approved and the product price having been paid through the payment method selected by the BUYER. If the product price is not paid or is canceled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.9
The BUYER accepts and undertakes that the credit card information provided during the purchase is accurate and that all legal and criminal liabilities arising from the use of such credit card belong to them.
If, after delivery, the relevant bank or financial institution fails to pay the product price to the SELLER due to unauthorized or unlawful use of the BUYER’s credit card by third parties without the BUYER’s fault, the BUYER must return the product to the SELLER within 3 days, provided the product has been delivered. In this case, shipping costs shall be borne by the BUYER.
If the BUYER does not return the product, or if the product price cannot be collected from the credit card or is refunded to the card for any reason, the BUYER undertakes to transfer the product price to the SELLER’s bank account without the need for any notice.
4.10
If the SELLER cannot deliver the product within the specified period due to force majeure events or extraordinary circumstances such as severe weather conditions or transportation disruptions, the SELLER shall notify the BUYER.
In such cases, the BUYER may choose one of the following options:
Cancel the order,
Replace the product with an equivalent,
Postpone delivery until the obstacle is removed.
If the BUYER cancels the order, the amount paid shall be refunded in cash and in full within 10 days.
4.11
Reward points granted to customers through campaigns are valid for only one purchase and are not refunded even if the product is returned.
For payments made by credit card, the product amount shall be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER’s account depends entirely on the bank’s internal processes, the BUYER accepts that the SELLER cannot intervene in possible delays and that it may take approximately 2 to 3 weeks for the refunded amount to appear in the account.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the Agreement within 14 days from the date of delivery of the product to themselves or to the person/entity at the designated address, without giving any reason.
However, products specially prepared, offered for sale, and/or imported for special occasions such as New Year, holidays, Mother’s Day, as well as campaign and promotional products, are non-returnable. By making a purchase, the BUYER accepts these conditions.
To exercise the right of withdrawal, the SELLER must be notified via fax or e-mail within 14 days, and the product must be unused in accordance with Article 6.
In the event of withdrawal:
a) The invoice of the product delivered to the BUYER or a third party,
(If the invoice is issued to a corporate customer, a return invoice issued by the company must also be submitted. Returns for orders invoiced to companies cannot be completed without a return invoice.)
b) Return form,
c) The product must be returned complete and undamaged, together with its box, packaging, and standard accessories, if any.
After these documents reach the SELLER, the product price shall be refunded to the BUYER within the following days.
Shipping costs for returns due to the right of withdrawal shall be borne by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected during the sale.
The original invoice presented to the BUYER upon delivery must also be returned with the product. If the invoice is not returned, the return process will not be completed, and the product will be sent back to the BUYER with freight collect. The returned invoice must be marked “Return Invoice” and signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, returns are not accepted for:
Single-use products,
Copyable software and programs,
Products that deteriorate quickly or may expire.
The following products may only be returned if their packaging has not been opened or damaged and the products have not been used or tested:
All cosmetic products
Underwear products
All personal care products
All software and computer programs
DVDs, VCDs, CDs, and cassette tapes
Magazines and newspapers
Concert and event tickets
Computer and stationery consumables (toners, cartridges, ribbons, etc.)
ARTICLE 7 – DEFAULT OF THE DEBTOR
In the event that the BUYER defaults, the BUYER agrees to compensate the SELLER for all losses and damages arising from delayed performance of the obligation.
If the default is caused by the SELLER’s fault, the BUYER shall not be obliged to compensate any loss or damage.
ARTICLE 8 – COMPETENT COURT
For disputes arising from this Preliminary Information Form, Consumer Arbitration Committees and Consumer Courts located where the BUYER purchased the goods/services or where the BUYER resides shall have jurisdiction, up to the monetary limits announced annually by the Ministry of Trade.
Applications regarding complaints and objections may be made to Consumer Arbitration Committees or Consumer Courts within the monetary limits determined each year by the Ministry of Trade of the Republic of Türkiye.
This preliminary information is provided for commercial purposes.
IMPORTANT NOTICE
Before signing the delivery receipt, please check whether your package has been damaged during transportation.
If there is any damage to the package, do not sign any delivery documents and request the courier officer to prepare a damage report and return the shipment immediately.
Replacement products will be sent to you promptly.
If a damaged package is accepted by the BUYER, serenze.com shall not be responsible for any damage to or missing items inside the package.