Distance Sales Agreement
MODERNO TASARIM TEKSTİL SAN. VE TİC. LTD. ŞTİ.
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1. Parties
This Distance Sales Agreement has been entered into between the Seller whose information is set forth below and the Buyer who places an electronic order via the Seller's website, for the purpose of determining the rights and obligations of the parties with respect to the sale and delivery of the product or products purchased by the Buyer through the Seller's website.
2. Seller Information
Legal Name: MODERNO TASARIM TEKSTİL SAN. VE TİC. LTD. ŞTİ.
Brand: BRAGİ FORSETİ
Address: ALACAATLI MAH. KANUNİ SULTAN SÜLEYMAN BULVARI NO:128 A BLOK NO:23 ÇANKAYA/ANKARA
Tax Office: DOĞANBEY TAX OFFICE
Tax Identification Number: 6220769663
MERSIS No: 0622076966300018
Website: bragiforseti.com
E-mail:
Phone:
3. Buyer Information
Full Name / Legal Name:
Address:
Phone:
E-mail:
Billing Information:
Buyer information shall be based on the information declared by the Buyer through the website at the time of placing the order.
4. Definitions
In this Agreement:
- Seller refers to MODERNO TASARIM TEKSTİL SAN. VE TİC. LTD. ŞTİ.;
- Buyer refers to the consumer purchasing products through the website;
- Consumer refers to a natural or legal person acting for non-commercial or non-professional purposes;
- Website refers to the Shopify-based e-commerce site of the BRAGİ FORSETİ brand;
- Product refers to movable goods offered for sale on the website and ordered by the Buyer;
- Agreement refers to this Distance Sales Agreement;
- Preliminary Information Form refers to the form through which the Buyer is informed prior to placing an order.
5. Subject Matter of the Agreement
The subject matter of this Agreement is the regulation of the sale, payment, delivery, right of withdrawal, return and exchange processes of the product or products ordered by the Buyer electronically through the Seller's website, as well as the rights and obligations of the parties.
This Agreement has been prepared taking into account the provisions of Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other applicable legislation.
6. Product Information Subject to the Agreement
The essential characteristics, sales price, total amount including taxes, payment method, delivery information, and any shipping costs of the product(s) subject to the Agreement are displayed to the Buyer on the order page and in the Preliminary Information Form.
Product Name:
Quantity:
Size / Color / Model:
Unit Price:
Total Sales Price (VAT Included):
Shipping Fee:
Discount / Coupon (if any):
Total Amount Payable:
Payment Method:
Delivery Address:
Billing Address:
The Buyer acknowledges that prior to confirming the order, they have read and accepted the essential characteristics of the product, total sales price, delivery costs, payment information, and the terms of this Agreement.
7. Essential Characteristics of Products
The type, model, color, size, dimensions, fabric/product content, intended use, and other essential characteristics of products are available on the relevant product page of the website.
The Seller exercises reasonable care to ensure that product information is accurate and current. However, minor differences in product color, texture, or appearance may occur due to screen settings, lighting, shooting conditions, or manufacturing processes.
Product images are provided for the purpose of displaying the general appearance of the product. The information on the product page and in the order summary shall be considered definitive for the product ordered.
8. Order Placement and Formation of the Agreement
The Buyer selects the product on the website, adds it to the cart, enters delivery and billing information, selects the payment method, and confirms the order.
This Agreement is formed electronically upon the Buyer's confirmation of the order and completion of the payment process.
The Seller may notify the Buyer of the receipt of the order via e-mail or system notification.
The receipt of an order does not in all cases imply definitive acceptance of the order. The Seller reserves the right to cancel the order in cases such as stock shortage, pricing error, system error, failure to complete payment, suspicious transaction, delivery impossibility, or suspicion of unlawful use.
9. Payment
The Buyer pays the total amount of the ordered products through the payment methods available on the website.
Payment transactions on the BRAGİ FORSETİ website may be processed through Shopify infrastructure and Shopify Payments.
Credit card, debit card, or other payment credentials are not stored directly by the Seller. Payment transactions are processed by the relevant payment infrastructure, payment institutions, and banks in accordance with their own security standards.
In the event of rejection of the payment by the bank, payment institution, or payment infrastructure, suspicion of unauthorized transaction, fraudulent transaction, chargeback, or payment security risk, the Seller has the right to suspend, cancel, or halt delivery of the order.
10. Delivery
The product subject to the Agreement shall be shipped to the delivery address provided by the Buyer during the order.
Delivery shall be made through a cargo or logistics company with which the Seller has an agreement. Information about the cargo company may be communicated to the Buyer during the order process or at the delivery stage.
The Seller aims to deliver the product within the statutory periods and in any event without exceeding the maximum periods set out in the applicable legislation. Delivery times may vary depending on the stock availability of the product, order volume, delivery address, cargo company operations, international shipping processes, customs procedures, and force majeure events.
The Buyer is obligated to provide a correct and complete delivery address. The Seller cannot be held responsible if delivery cannot be made, is delayed, or additional costs arise due to an incorrect or incomplete address.
11. International Deliveries
Sales may be made through the website both to Turkey and abroad.
For international deliveries, delivery times may vary due to customs procedures, in-country taxes, duties, import costs, cargo procedures, and the regulations of the destination country.
For international orders, customs duties, import taxes, levies, commissions, storage fees, or other charges specific to the destination country that may arise in addition to the product price and shipping fee shall, unless expressly stated otherwise, be borne by the Buyer.
The Buyer is responsible for reviewing the import, customs, and tax regulations of the destination country for international deliveries.
12. Invoice
The Seller shall issue an invoice based on the billing information provided by the Buyer at the time of ordering.
The invoice may be issued as an electronic invoice/e-archive invoice and sent to the Buyer's e-mail address or delivered to the Buyer through other methods compliant with applicable legislation.
The Buyer acknowledges that the billing information provided is accurate and complete. The Buyer shall be responsible for any consequences arising from incorrect or incomplete billing information.
13. Buyer's Obligations
The Buyer acknowledges and declares that:
- The information provided during the order is accurate, current, and complete;
- They have read and accepted this Agreement and the Preliminary Information Form electronically;
- They have been informed regarding the essential characteristics of the purchased product, sales price, payment method, delivery information, and right of withdrawal;
- They are authorized to use the card or payment instrument used for the payment transaction;
- They are responsible for the accuracy of the delivery address;
- They must inspect the cargo package upon delivery;
- In the case of damaged, incomplete, or opened packages, it is recommended to have the cargo officer prepare an incident report.
14. Seller's Obligations
The Seller is obligated to:
- Deliver the product subject to the Agreement in accordance with the order;
- Provide the information and documents required by legislation to be supplied with the product;
- Carry out the processes of order, payment, delivery, return, and right of withdrawal in compliance with applicable legislation;
- Process the Buyer's personal data in accordance with applicable legislation;
- Act in compliance with the return obligations set out in legislation where the right of withdrawal may be exercised.
15. Right of Withdrawal
Subject to the exceptions provided for in applicable legislation on distance sales agreements, the Buyer may exercise the right of withdrawal within 14 days from the date the product is delivered to the Buyer or to a third party designated by the Buyer, without providing any justification and without incurring any penal liability.
In the case of a single order consisting of products delivered separately, the right of withdrawal period commences on the day the Buyer or a third party designated by the Buyer takes possession of the last product.
The Buyer must notify the Seller with an unequivocal declaration within the 14-day period to exercise the right of withdrawal. The withdrawal notification may be submitted via e-mail, the return/withdrawal form on the website, or other communication channels designated by the Seller.
The burden of proof regarding the exercise of the right of withdrawal lies with the Buyer.
16. Circumstances in Which the Right of Withdrawal Cannot Be Exercised
In accordance with applicable legislation, the right of withdrawal may not be exercised with respect to the following products and agreements:
- Products prepared in accordance with the Buyer's requests or personal needs;
- Products that are custom-made or personalized;
- Products whose protective elements such as packaging, tape, seal, or package have been opened after delivery and which are unsuitable for return on grounds of hygiene or health;
- Products that have become mixed with other products after delivery and cannot be separated by nature;
- Products that are perishable or have an expiry date;
- Services rendered instantaneously in electronic form or intangible goods delivered instantaneously to the consumer;
- Other products and services regulated as exceptions to the right of withdrawal under applicable legislation.
With respect to BRAGİ FORSETİ products, the assessment of the return and right of withdrawal may be made separately depending on the nature of the product. Return requests may be rejected for products that are used, worn, have their labels removed, have become inconsistent with hygiene conditions, or are no longer fit for resale.
17. Return Process Upon Exercise of the Right of Withdrawal
Upon the Buyer's proper exercise of the right of withdrawal, the product must be returned to the Seller.
The product must be returned, to the extent possible, together with its original packaging, label, accessories, invoice if applicable, and any other items delivered with the product.
The Buyer must not use the product beyond ordinary examination; the Buyer must not cause any deterioration in value through use, wear, damage, staining, odor, deformation, or deficiency.
In the event that the returned product does not meet the return conditions, the Seller reserves its rights arising from applicable legislation.
18. Refund of Payment
Upon the Buyer's proper exercise of the right of withdrawal, the Seller shall refund the product price collected and other amounts required to be refunded under applicable legislation to the Buyer within the periods stipulated in the relevant legislation.
Refunds shall be made in a manner consistent with the payment instrument used by the Buyer at the time of purchase. The Seller is not responsible for delays arising from the bank, payment institution, or card provider.
For payments made by credit card, the period for the refund amount to be reflected on the Buyer's card may vary depending on the bank's procedures.
19. Return Shipping Process
The Seller may notify the Buyer of which cargo company, to which address, and by which method the product should be sent within the scope of the right of withdrawal or return request.
The Buyer is required to act in accordance with the return procedure communicated by the Seller.
Where the shipment is made through the contracted cargo company specified by the Seller in the preliminary information or on the website for returns, the return shipping costs shall be evaluated in accordance with applicable legislation. According to the notification of the Ministry of Trade, if the seller has specified the contracted cargo company for return in the preliminary information, the consumer cannot be held responsible for the costs of the return made through that cargo company. (Ministry of Trade)
If the Buyer sends the return through a different cargo company or method other than the one notified by the Seller, any additional costs and risks that may arise may be separately assessed.
20. Defective Products
In the event that the delivered product is defective, the Buyer may exercise the rights available to them under Law No. 6502 on the Protection of Consumers and applicable legislation.
In the event of a defective product claim, it is recommended that the Buyer contact the Seller within a reasonable time after receiving the product and share supporting records such as information, documents, photographs, or videos regarding the defect.
Defective product claims shall be assessed separately from the right of withdrawal.
21. Stock, Pricing, and System Errors
Product stock, prices, and product information on the website are maintained to be accurate and current. However, incorrect pricing, stock, or product information may be published due to technical errors, system delays, integration issues, or human error.
In the case of orders placed due to manifest errors in pricing, stock errors, system inaccuracies, or apparent errors in product information, the Seller may cancel the order after notifying the Buyer and refund any amounts collected.
22. Campaigns and Discounts
Periodic campaigns, discounts, coupons, promotions, or free shipping practices may be conducted on the website.
The scope, duration, product categories, stock limits, and conditions of use of campaigns are determined by the Seller.
In the event of abuse of campaigns, fraudulent transactions, benefiting from the same campaign in a manner contrary to the principle of good faith, or exploitation of system vulnerabilities, the Seller reserves the right to cancel the order or restrict campaign usage.
23. Protection of Personal Data
The Buyer's personal data may be processed for the purposes of managing order, payment, delivery, invoicing, return, exchange, customer support, marketing, and legal compliance processes.
Detailed explanations regarding the processing of personal data are set out under the KVKK Clarification Text, Privacy Policy, and Cookie Policy published on the website.
The Buyer should review the relevant texts before using the website and placing an order.
24. Force Majeure
Natural disasters, fire, flood, earthquake, epidemic disease, war, terrorist events, strike, lockout, official authority decisions, regulatory changes, import/export restrictions, delays in customs procedures, infrastructure outages, internet or power outages, cyberattacks, disruptions caused by payment institutions or cargo companies, and other circumstances beyond the Seller's reasonable control shall be deemed force majeure.
In the event of force majeure, the Seller's obligations may be suspended for the duration of the force majeure event.
25. Dispute Resolution
In the event of disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts at the Buyer's place of residence or where the consumer transaction was made shall have jurisdiction within the monetary limits set forth in applicable legislation.
For disputes of a commercial nature or those that do not constitute consumer transactions, unless mandatory legislation provides otherwise, Ankara Courts and Enforcement Offices shall have jurisdiction.
26. Entry into Force
The Buyer acknowledges that prior to completing the order on the website, they have read and accepted the Preliminary Information Form and this Distance Sales Agreement electronically, and that they have been informed regarding the essential characteristics of the product, total sales price, payment method, delivery information, right of withdrawal, and other matters.
This Agreement enters into force upon the Buyer's electronic approval and the completion of the order.
27. Contact
The following contact channels may be used for questions, requests, and applications related to this Agreement:
Legal Name: MODERNO TASARIM TEKSTİL SAN. VE TİC. LTD. ŞTİ.
Brand: BRAGİ FORSETİ
Address: ALACAATLI MAH. KANUNİ SULTAN SÜLEYMAN BULVARI NO:128 A BLOK NO:23 ÇANKAYA/ANKARA
Tax Office: DOĞANBEY TAX OFFICE
Tax Identification Number: 6220769663
MERSIS No: 0622076966300018
E-mail:
Phone: