Distance Sales Contract

Article 1-Parties
This Agreement is signed between the following parties under the terms and conditions set forth below.

1.1 Seller
Bahar Kids Dress
NAME-SURNAME: BAHAR KİDS DRESS – BAHAR TORAMANOĞLU

www.baharkidsdress.com (hereinafter referred to as 'SELLER' in the agreement)

1.2 Buyer
BUYER: (hereinafter referred to as 'BUYER' in the agreement)
NAME-SURNAME:
ADDRESS:
Phone Number:
E-Mail:

Article 2- Definitions
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations opposite them.

MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)/p>
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the one offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERER: A natural or legal person who requests a good or service through SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between SELLER and BUYER contract,

Article 3- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on 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 SELLER's http://www.baharkidsdress.com website.

The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner, confirmed this preliminary information electronically and then ordered the goods, regarding the name, title, full address, telephone and other access information of the Seller, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods subject to sale, the use of the right of "withdrawal" and how to use this right, the official authorities to whom they can submit their complaints and objections, etc., in accordance with the provisions of this contract.
The preliminary information on the http://www.baharkidsdress.com website and the invoice issued upon the order given by the buyer are integral parts of this contract.

Article 4- Product / Payment / Delivery Information Subject to the Contract
The type and kind of product/products received electronically, quantity, brand/model, sales price, payment method, person to receive, delivery address, invoice information, cargo fee are as stated below. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer accepts to fully cover any damages that may arise from the inaccuracy or incompleteness of this information and also accepts all kinds of liability that may arise from this situation.

The SELLER reserves the right to stop the order when it deems necessary and when the information provided by the BUYER does not match the truth. In cases where the SELLER detects a problem in the order and cannot reach the BUYER through the phone, e-mail and mail addresses provided by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order in order to prevent damage to both parties.

Product Description
Product Name / Code:
Quantity:
Unit Price
Subtotal
(VAT Included)
Shipping Amount
Total:
Payment Method and Plan: (Credit Card/Bank Card/Bank Transfer (EFT) / Cash on Delivery)
Delivery Address:
Delivery Person:
Telephone Number:
Invoice Person/Institution
Invoice Address:
Order Date
Delivery Date

Delivery Method:
The shipping fee, which is the product shipping cost, will be paid by the BUYER.

Article 5- Contract Date and Force Majeure
The contract date is the date the order is given by the buyer. Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.).

The party in whose person the force majeure occurs will immediately notify the other party of the situation in writing.

No liability will arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. This force majeure situation 

If it continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

Article 6- Seller's Rights and Obligations

6.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.

6.2. Persons under the age of 18 (eighteen) cannot shop from www.baharkidsdress.com. The Seller will assume that the age specified by the Buyer in the contract is correct. However, no responsibility can be attributed to the Seller due to the Buyer's incorrect age.

6.3. http://www.baharkidsdress.com is not responsible for price errors that occur due to system errors. Accordingly, the Seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The buyer cannot claim rights from the seller based on system errors.

6.4. Shopping can be made from http://www.baharkidsdress.com by credit card (Visa, Master Card, etc.) or bank transfer. Orders for which the transfer is not made within a week from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer (EFT) reaches the bank accounts. Payment methods such as paid shipment or postal checks that are made without consultation with customer services will not be accepted.

Article 7 - Rights and Obligations of the Buyer

7.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract except for force majeure reasons.

7.2. The Buyer accepts and undertakes that by placing an order, it is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.

7.3. The Buyer accepts and declares that he/she has been informed about the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom complaints and objections can be submitted, etc. in a clear, understandable and internet-friendly manner from the http://www.baharkidsdress.com website, and that he/she has confirmed this preliminary information electronically.

7.4. Depending on the previous article, the Buyer declares that he/she has read and is informed about the www.baharkidsdress.com order/payment/usage procedure information, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and that he/she has given the necessary confirmation electronically.

7.5. The product purchased by the buyer cannot be returned, and it is replaced with a product of the same price from among the products advertised on the site, and the buyer is obliged to pay the difference in the additional product price.

7.6 The shipping costs related to the exchange requested by the buyer are entirely the responsibility of the buyer.

7.7 The buyer accepts and declares that he/she has read our detailed explanations on the https://www.baharkidsdress.com change-refund page for a possible exchange or cancellation/return requests and has accepted our terms.

7.8 The buyer cannot rent the product/products he/she has purchased to someone else or another legal entity under any circumstances. If it is determined that he/she has rented, he/she is deemed to have accepted in advance to pay the seller 50 times the price determined by the seller for the rented product based on the signing of this contract.

Article 8 - Order / Payment Procedure

Order:
After the TL amount (total installment amounts in installment transactions) of the products added to the shopping cart, including VAT, is approved by the buyer, it is processed via the POS of the relevant bank card. Therefore, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made without the Order Confirmation e-mail.

Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer using one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time the orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller's accounts.

Exceptionally, if it is understood that the goods subject to the contract cannot be supplied due to a justified reason and/or a stock problem is encountered, if the buyer is informed immediately in a clear and understandable manner and gives his/her approval, another good of equal quality and price can be sent to the buyer or, in line with the buyer's wish and choice, another new product can be sent, the product can be waited to be in stock or the other obstacle preventing delivery can be eliminated and/or
the order can be cancelled. 

can be received.

In cases where it is impossible to fulfill the delivery obligation of the contractual goods, the buyer will be informed of this situation, the total amount paid and any documents that put him/her under debt will be returned to him/her within ten days at the latest and the contract will be canceled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.

http://www.baharkidsdress.com offers cash transfer order options to buyers who do not want to use their credit card information on the internet. In payment by transfer, the buyer can choose the most suitable bank for him/her and make the transfer. If EFT has been made, the date of transfer to the account will be taken into account. When making a transfer and/or EFT, “Sender Information must be the same as the Invoice information and the order number must be written.

If the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons after the delivery of the product and not due to the fault of the Buyer, the Buyer is obliged to send the product delivered to him/her to the Seller within 10 days. In such cases, the shipping costs are the responsibility of the Buyer.

If the Buyer has preferred to pay by credit card, the BUYER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, 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 provisions of the legislation in force.

Article 9 - Shipment / Delivery Procedure

9.1 Shipment:
With the sending of the order confirmation e-mail, the product/products will be delivered to the cargo company with which the seller has a contract.

9.2 Delivery:
The product/products will be delivered to the buyer's address with the cargo company with which the seller has a contract. The delivery period is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days provided that the Buyer is notified in writing or by a continuous data carrier in advance.

The products will be sent to the regions where the cargo companies do not make address deliveries with a telephone notification.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases of inaccuracies and deficiencies in the shipping information, some social events and natural disasters. The buyer cannot impose any responsibility on the seller due to these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any extra shipping costs that may arise from the person/organization to whom the delivery will be made not accepting the delivery, inaccuracies in the shipping information and/or the Buyer not being at the location. If the product/products have not reached the customer within the specified days, delivery problems should be reported to customer services immediately using the e-mail address baharrkids@gmail.com.

In case of damaged packages; Damaged packages should not be accepted and a report should be drawn up by the Cargo Company officer. If the Cargo Company officer is of the opinion that the package is not damaged, the buyer has the right to have the package opened there, to check that the products were delivered without damage and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fully performed its duty. If the package is not accepted and a report is kept, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that remains with the Buyer.

Article 10- Warranty
The seller's warranty responsibility only applies to consumers covered by Law No. 4077. The provisions of the Turkish Commercial Code shall apply to commercial transactions.

Article 11- Privacy
The information specified in this contract and the information provided by the buyer to the seller for the purpose of making payment shall not be shared by the seller with third parties.

The seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any legal investigation with documented investigative capacity, he/she may provide it to the relevant authority.

Credit Card information is never stored, Credit Card information is only used to obtain provision by securely transmitting it to the relevant banks during the collection process and is deleted from the system after provision.

Information such as the buyer's e-mail address, mailing address and telephone are only used by the seller for standard product delivery and information procedures.

SELLER has the right to reach BUYER via letter, e-mail, SMS, telephone conversation and other means for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER, by accepting this contract, accepts that SELLER will not engage in the above-mentioned communication activities towards him/her.




 

GENERAL PROVISIONS

Article 12- Site Usage
BUYER cannot use the SELLER's website in any way that disrupts public order, is against public morality, disturbs and harasses others, for a purpose against the law, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

Article 13- Links on the site
Links can be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed to facilitate navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

Article 14- Right to Compensation
A member who violates one or more of the articles listed in this agreement shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

Article 15- Authorized Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this agreement, Consumer Arbitration Committees and Düzce Consumer Courts shall be authorized up to the value declared by the Ministry of Industry and Trade every December.

Article 16- Enforcement
The BUYER shall be deemed to have accepted all the terms of this agreement when he/she makes the payment for the order he/she placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain approval that the BUYER has read and accepted this agreement on the site before the order is placed.