DISTANCE SALES CONTRACT

1. PARTIES

This Distance Sales Contract (‘Contract’) has been signed electronically between the Seller and the Buyer whose information is given below. The parties hereby accept, declare and undertake that they have read the whole of this Agreement, understand its content in its entirety and approve all its provisions. 

SELLER:

Title of the Seller: SEÇİL TÜREDİ - THE GOATZ

Open Address of the Seller: Fevzipaşa Mah. Medrese Sok. No:1 D:2 17000 Çanakkale/Merkez TURKEY

Seller's E-mail Address: info@thegoatz.co

BUYER:

Name/Surname of the Buyer: 

Buyer's Address: 

Buyer's Telephone: 

E-Mail Address of the Buyer:

2. ESTABLISHMENT OF THE CONTRACT

The Buyer agrees that he/she has read and understood the Agreement and is aware of his/her rights and obligations.

The parties acknowledge that there is no disproportion between the performances agreed by the contract and that the mutual performances are appropriate to the nature of the work and that they have no inexperience within the scope of the transactions within the scope of the contract.

The buyer agrees that he/she has reached a full conviction that the transactions within the scope of the contract are in his/her own interest and that he/she will comply with all the terms of the contract with his/her own free will, without any difficulty or distress, thoughtfully, willingly and knowingly.

The parties agree that the provisions of the contract do not have a feature that can be considered unfair terms and that there is no unfairness in terms of the balance of interests.

The provisions of this contract do not contain any unfair terms in accordance with the provisions of the regulation on unfair terms in consumer contracts. The provisions do not contradict the rule of honesty and good faith and have been prepared in accordance with the legislation on consumer protection.

The provisions of this contract have been prepared by taking into account the provisions of the Turkish Code of Obligations. The binding and content control stipulated in Article 21 of the Turkish Code of Obligations has been made by the buyer.  None of the provisions of this contract shall be foreign (surprising terms) to the nature of this Contract and the nature of the work.  The provisions of this contract are written in a clear and understandable manner and do not express more than one meaning.

3. SUBJECT AND SCOPE OF THE CONTRACT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the Buyer has ordered electronically through the Seller's website www.thegoatz.co (‘Site’).

 4. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT

The basic characteristics, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product Code and Name

Quantity

Unit Price 

(including VAT)

Shipping Charge

Discount / Voucher

Total Price 

(including VAT)

PAYMENT AND DELIVERY TERMS

Total product cost excluding shipping:

Shipping Charge:

Total product price including shipping and all taxes:

Payment Method:

Number of Instalments:

Interest Difference Received:

The interest rate used in the interest rate calculation:

Additional cost to be paid by the Buyer:

Delivery Address:

Person to be Delivered:

The total product price stated above is collected from the Buyer by SEÇİL TÜREDİ - THE GOATZ.

5. DELIVERY 

The product(s) subject to the Contract shall be delivered to the Buyer or the person/organisation at the address indicated by the Buyer within this 30 (thirty) day period depending on the distance of the Buyer's delivery address for each product, provided that it does not exceed the 30 (thirty) day legal period following the receipt of the order to the Seller.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be paid in full and in full by the Buyer's preferred payment method. If for any reason the product price is not paid, paid incompletely or the payment is cancelled in the bank records, the Seller is deemed to be released from the obligation to deliver the product.

In cases where it becomes impossible to fulfil the performance of the goods or services subject to the order, the Seller notifies the Buyer in writing or by permanent data provider within 3 (three) days from the date of learning of this situation and returns all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days at the latest from the date of notification.

6. DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer accepts, declares and undertakes that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic qualities of the goods or services subject to the Contract on the Site, the sales price and payment method and the delivery and shipping cost, that he/she has given the necessary confirmation electronically and that he/she is aware that he/she is under PAYMENT OBLIGATION by confirming the order on the Site.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that the address, the basic features of the goods or service ordered, the price of the goods or service including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts are also accurate and complete.

In the event that the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorised persons in a way that is not caused by the fault of the Buyer after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to him. In this case, delivery expenses belong to the Buyer.

If the goods or services subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.

7. DECLARATIONS AND COMMITMENTS OF THE SELLER

The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

The Seller may supply a different product of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Contract, provided that it is based on a justifiable reason and informs the Buyer and obtains its express consent.

8. BUYER'S RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the date of receipt of the goods by the Buyer or the third party designated by the Buyer in contracts for the delivery of goods, and within 14 (fourteen) days from the day the contract is established in contracts for the performance of services, without any legal and criminal liability and without any justification. The Buyer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.

The Buyer may exercise his/her right of withdrawal by filling in the withdrawal form delivered to him/her with the order or by delivering it to the Seller with an explicit declaration stating his/her decision to withdraw. The said form or explicit declaration of withdrawal must be addressed to the Seller in writing or by permanent data provider before the expiry of the right of withdrawal. The contact information of the Seller where the withdrawal notification can be made is as follows:

Open Address: Fevzipaşa Mah. Medrese Sok. No:1 D:2 17000 Çanakkale/Merkez TURKEY

E-mail: info@thegoatz.co

The Seller shall, within 14 (fourteen) days from the date of receipt of the notification that the Buyer has exercised the right of withdrawal, refund to the Buyer all payments made by the Buyer to the Seller for the relevant goods or services, including the costs of delivery of the goods to the Buyer, if any, in accordance with the payment instrument used when purchasing and in one go, without any cost or liability to the consumer.

In the event that the right of withdrawal is exercised and the goods are sent back via the cargo company specified in your form, the Buyer shall not be held responsible for the costs related to the return. If the Buyer sends the goods to be returned by a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller is not responsible for the return shipping costs and the damage to the goods during the shipping process.

The Buyer must send the goods back to the Seller within 10 (ten) days from the date of the notification that the Buyer has exercised the right of withdrawal. Together with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods in question must be returned to the Seller in full and undamaged. The buyer must use the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, otherwise he is responsible for any changes and deterioration in the goods.

9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The buyer accepts, declares and undertakes that he/she knows that he/she cannot use the right of withdrawal in the following cases:

Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.

Contracts for goods prepared in line with the wishes or personal needs of the consumer.

Contracts for the delivery of perishable goods or goods that may expire.

Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.

Contracts for accommodation, transportation of goods, car hire, supply of food and beverages, and leisure time utilisation for entertainment or recreation, which must be performed on a specific date or period.

Contracts relating to services performed instantly in electronic media or contracts relating to intangible goods delivered to the consumer instantly.

Contracts for services whose performance is started with the consent of the consumer before the expiry of the right of withdrawal period.

10. THE SELLER'S SOLUTION METHOD FOR COMPLAINTS

The Buyer may communicate his/her complaints about the purchased goods and/or services directly to the Seller (by using the Seller's contact addresses specified above under the heading Parties). In case of a complaint, the Seller will provide all possible support to resolve the problem.

11. DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults in the transactions made with the credit card, the cardholder shall be liable to the bank within the framework of the credit card agreement concluded by the bank with him. In this case, the relevant bank may apply for legal remedies and may demand the costs and attorney fees from the Buyer. In the event of default by the Buyer under any circumstances, the Buyer shall be liable for any loss and damage incurred by the Seller.

12. INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid colour tones used in the designs of the products produced by the Seller and all kinds of graphic design, illustration, drawing, design and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

All intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the Seller; all intellectual-industrial rights and property rights belong to the Seller regarding all kinds of information and content on the Site and their arrangement, revision and partial / complete use. All or part of the product(s) purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby accepts and undertakes not to use the product purchased under this Agreement for illegal purposes and / or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, but the Seller reserves the right to all kinds of compensation and other claims arising from such unauthorised use against all claims and demands that may be asserted against the Seller by third parties or competent authorities.

13. DISPUTE RESOLUTION

In case of disputes related to the contract, applications regarding the dispute can be made to the Consumer Problems Arbitration Committees in the place where the Buyer purchases the product or where the Buyer's residence is located up to the value announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in disputes above the said value.

14. ENFORCEMENT

This Agreement has been concluded and entered into force on [...] by being approved electronically by the Buyer. Transactions made through the Site shall be considered as binding declarations of will of the parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for 3 (three) years. The Buyer may request access to the copy of this Agreement from the Seller by applying with a request to the e-mail address info@thegoatz.co at any time.

SELLER

SEÇIL TÜREDI - THE GOATZ