Distance Selling Contract

DISTANCE SALE CONTRACT

 

ARTICLE 1: PARTIES

 

1.1. SELLER

 

Name / Title: Beyza IŞIK DEMİRTAŞ
Address: Küçükyalı mah.Mektep Cad.Ümit sok.no:11-3 Küçükyalı/Maltepe İstanbul/ TURKEY
Phone: 0090 535 572 90 98
Email : hello@gugiko.com

 

1.2. BUYER


Name, Surname:
Address:
Phone:
E-Mail:

 

ARTICLE 2: SUBJECT-DISTANCE SALE CONTRACT

 

The subject of hereby this contract is to determine the rights and liabilities of the parties, in accordance with the Law for the Protection of Customers and Regulations Regarding Distance Contracts (numbered 4077), in relation to the sale and delivery of the products of which contents and selling price are specified below and which are ordered online by the BUYER from the website http://gugiko.com representing the SELLER.

 

The BUYER accepts and undertakes that s/he is clearly informed by the SELLER about the name, title, clear address and other contact information of the SELLER; all pre-information regarding the essential features and selling price, means of payment, terms of delivery etc. of the ordered products; and his/her right of withdrawal and how to use this right; the authorities that s/he can deliver complaints and objections, and that s/he ordered the product after s/he confirmed these information online.

 

The pre-information service on the website http://gugiko.com and the bill prepared upon the order of the BUYER are the integrated part of this contract.

 


ARTICLE 3: INFORMATION OF THE PRODUCT – PRICE – MEANS OF DELIVERY

 

The type, amount, brand and model, selling price, means of payment, ship-to party, address of delivery, billing information of the purchased product/s is as follows. The person who will be billed is required to be the same with the person who make this contract. The information below must be accurately completed. The BUYER accepts all the responsibility to fully cover all the damages in case of this information to be incorrect and/or incomplete.

 

The SELLER keeps its right to stop the order if the information provided by the BUYER does not match up with the reality. In the case of finding out a problem in the order, SELLER tries to reach the BUYER via provided phone, mail and e-mail addresses. If the SELLER cannot reach the BUYER, it freezes the further processes of the order for the 15 (fifteen) days.

 

The BUYER is required to contact with the SELLER during this 15-day-period. If not, the SELLER cancels the order to protect both parties from any harm.

 

Purchased Product/s

Name, Code:

Amount:

Total Sale Price:

Means of Payment: Credit Card/EFT

Ship-to Party:

Phone Number:

Delivery Address:

Billing Person/Company:

Billing Address:

Tax Office:

Tax Registration Number

Cargo Charge:

 


ARTICLE 4: DATE OF CONTRACT AND COMPELLING REASONS

 

Date of the contract is …/…/….. the date that the BUYER gives the order.

 

The conditions that is not present or foreseen on the date of contract, that occurs without the control of the parties, and that prevents one and/or two parties from partially or fully or timely carrying out their liabilities and responsibilities identified with this contract will be accepted as compelling reasons (natural disasters, war, terror, legislative change, strike, lock-out, a considerable malfunction in the production facilities etc.). The party who has the compelling reason is required to send a written notification to the other party within a 5-day period.

 

The continuity of the compelling reason won’t bring any liability or responsibility to the parties due to inability to perform the contracted responsibilities. In the case of this compelling reason proceeding 30 (thirty) days, both parties will have the right for unilateral cancellation.

 


ARTICLE 5: RIGHTS AND RESPONSIBILITIES OF THE SELLER

 

5.1. The SELLER accepts and undertakes to perform all the acts that this contract puts except for compelling reasons in accordance with the Law for the Protection of Customers and Regulations Regarding Distance Contracts (numbered 4077).

 

5.2. Those who are under the age of 18 (eighteen) cannot do shopping from www.gugiko.com. The SELLER will base on the age the BUYER indicated in this contract. The SELLER does not have any responsibility in the case of the BUYER writing his/her age wrong.

 

5.3. The SELLER does not have any responsibility due to price mistakes caused by system errors and due to any wrong promotion and price information caused by illegal interventions to website. The BUYER cannot claim any rights from the SELLER based on system errors.

 

5.4. The shopping from www.gugiko.com can be done via only credit card. If the money is not transferred within cople of days, the order is cancelled by the SELLER. The time that the orders put into process is not the time that the order is given but it is the time of the money is transferred. Payments done without contacting the customer services (such as collect payments, postal check etc.) will not be accepted.

 


ARTICLE 6: RIGHTS AND RESPONSIBILITIES OF THE BUYER

 

6.1. The BUYER accepts and undertakes to perform all the acts that this contract puts except for compelling reasons.

 

6.2. As the BUYER gives the order, s/he accepts and undertakes that s/he admitted the items of this contract and s/he will make the payment in accordance with this contract.

 

6.3. The BUYER accepts and undertakes that s/he is clearly informed by the SELLER about the name, title, clear address and other contact information of the SELLER; all pre-information regarding the essential features and selling price, means of payment, terms of delivery etc. of the ordered products; and his/her right of withdrawal and how to use this right; the authorities that s/he can deliver complaints and objections, and that s/he ordered the product after s/he confirmed these information online.

 

6.4. Related to the previous item, the BUYER declares and confirms online that s/he has the information of product order and payment policies, product use instructions, precautions and warnings made for a potential condition and that s/he read the order/payment/use procedure information on the www.gugiko.com

 

6.5. The BUYER accepts and undertakes that s/he will not harm the product and its package, will return the original of the bill in the case of returning the purchased product.

 


ARTICLE 7: ORDERING AND PAYMENT PROCEDURES

 

Ordering: Distance Sale Contract

 

After the BUYER confirms the total price with taxes (if by installment; total installment charge) of the product/s in the shopping chart, the payment is processed by the relevant bank. That’s why, the confirmation e-mail is sent to the BUYER before delivery process is begun. Delivery cannot be done unless the confirmation mail is not sent.

 

If the SELLER cannot supply the ordered product due to an exceptionally right reason or if the stock problems arise, the BUYER is clearly informed. In the case of the BUYER confirmation in such a situation, other product with an equal quality/price or other new product selected by the BUYER can be sent. Or the parties can wait conditions blocking the delivery to be removed or the order can be canceled.

 

In the cases that the delivery of the ordered product becomes impossible; the BUYER is informed, all the payments are paid back, documents that is a liability for him/her are returned in 10 (ten) days at most, and the contract is cancelled. In such a situation, the BUYER will not have right to claim any financial/emotional damage from the SELLER.

 

Payment: Distance Sale Contract

 

The shopping from www.gugiko.com can be done via only credit card. The BUYER can choose the bank s/he wishes and make the transfer. If the time that the orders put into process is the time of the money is transferred to the SELLER’s account. While transferring money, the BUYER is required to provide the name of the sender (must be same with the name in the bill) and the number of the order.

 

If the bank or the financial corporate refuses to pay the money to the SELLER due to illegal usage of the BUYER’s credit card by unauthorized people, the BUYER has to send the delivered products within 10 (ten) days to the SELLER. In this case, cargo charges belong to the BUYER.

 

BUYER accepts, declares and undertakes to confirm the information from the bank about relevant interest rates and default interest, the provisions of interest and default interest will be applied within the scope of the credit card contract signed between the BANK and the BUYER in accordance with the applied legislation provisions.

 


ARTICLE 8: DELIVERY PROCEDURES

 

The products will be delivered to the address of the BUYER with the cargo company the SELLER agreed. The SELLER delivers the product in 30 (thirty) days after the order confirmation e-mail is sent and the contract is made. The SELLER can extend this period for 10 days (at most) more by notifying the BUYER with a constant data carrier or written document.

 

The products are sent to the areas that are not covered by the cargo company as phone callable cargo.

 

The delivery period can be extended in the case that delivery address is among those the cargo company delivers in a day throughout the week, that delivery information is incorrect or missing, and that some social or natural events like natural disasters. These extensions do not bring any responsibilities to the SELLER.

 

The SELLER is not responsible for any situations that the ship- to person reject to take the delivery, extra cargo expenses if ship-to-take person is not available I n the time of delivery, and misinformation about the delivery address.

 

If the products are not delivered on the agreed time, the BUYER is to immediately inform the SELLER via hello@gugiko.com


In the case of damaged package, the BUYER should not take the delivery of the damaged package and have the cargo officer to prepare official report. After the package is taken by the BUYER, it is accepted that the cargo company do its job properly. If the package is not taken and an official report is prepared, the copy of the report should be sent to the customer services of our company immediately.

 


ARTICLE 9: PRODUCT RETURN AND RIGHT OF WITHDRAWAL

 

Product Return: Distance Sale Contract

 

The BUYER has the right to withdraw the contract without showing any reason and paying any penalty expenses within the 7 (seven) days starting from the day s/he takes the delivery of the product. In order for return procedures to be done in accordance with Tax Procedure Law No. 385, the BUYER is required to send one copy of the bill of the product after fully completing the empty space of it provided for returns and signing it. Returning expenses belong to the BUYER.

 

The BUYER does NOT have the right of withdrawal if the orders have been specifically prepared according to personal needs or wishes of the BUYER.

 

After the return notification with the product and the bill is reached to the SELLER; all the payments are paid back, documents that is a liability for the BUYER are returned in 10 (ten) days at most, and the contract is cancelled.

 

Possible decrease in the value of the returned product is not an obstacle for the use of the right of withdrawal. However, if the loss of value is due to the fault of the BUYER, s/he is required to compensate the loss to the SELLER.For the products who purchased mistakenly, general return period is also 7 (seven) days.

 

Within this period; opened the package of the product, used or damaged products will not be accepted as return and the price will not be paid back.

 

For the return of the product, firstly hello@gugiko.com should be informed.


Then, after other procedures mentioned above are completed, delivery of the returned product must be done with the same cargo company that the SELLER sends the product. In the case of the product returned appropriately as mentioned in this contract, the return is accepted and the payment is done back to the credit card/bank account. Reflection of the payment to the bank account is under the responsibility of the bank.

 


ARTICLE 10: GUARANTEE

 

The products that are used and cleaned in accordance with instructions is under guarantee based on the conditions below during 6 (six) months for any kind of manufacture damage. The responsibility of the SELLER is only for the BUYERS who are under the cover of law (numbered 4077). Those who have the commercial qualifications will be subjected to the regulations of Turkish Commercial Code.

 


ARTICLE 11: PRIVACY

 

Any information related to your credit card will not be kept. It will be only safely transmitted to the bank to take provision and it is deleted from the system after provision. Other information you provided (e-mail address, mail address, phone number etc.) will not be shared with third parties and will be serving to in standard product delivery and informing procedures.

 

The seller can only reveal this information in the case of a legal/administrative obligation. The seller keeps the right to reveal this information to the legal authorities in the case of an inquest. The seller sometimes can use the contact information of the customer in order to inform the customer about the campaigns and promotions made by the brand after having the approvement of the customer.

 


ARTICLE 12: AUTHORIZED COURT AND THE OFFICE OF EXECUTION IN THE CASE OF A CONFLICT

 

In the case of a conflict arising upon the implementation of this contract, Arbitration Committees for Consumers and the Consumer Courts in the BUYER’s or the SELLER’s residential area is authorized.

 


In the case that the order is done, the BUYER is considered to accept all the conditions of this contract. …/…/…..