Terms of Use & Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.

  1. ‘BUYER’ ; (hereinafter referred to as “BUYER” in the contract)

NAME-SURNAME:
ADDRESS:

  1. ‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)

NAME-SURNAME: WEARHUG.COM
ADDRESS: HUZUR MAH. CEVİZLİDERE CAD. FİDAN APT. 16/16 ÇANKAYA / ANKARA

By accepting this agreement, the BUYER acknowledges, declares and undertakes that if the order subject to the contract is approved, they will be obliged to pay the price of the order and, if any, additional fees such as shipping costs and taxes, and that they have been informed about this matter in advance.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the goods provider,

BUYER: A real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The internet site belonging to the SELLER,

ORDERING PARTY: A real or legal person who requests a good or service via the internet site belonging to the SELLER,

PARTIES: SELLER and BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Refers to movable property subject to trade and intangible goods such as software, sound, image and similar prepared for use in electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.

The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

  1. SELLER INFORMATION

Title WEARHUG.COM
Address HUZUR MAH. CEVIZLIDERE CAD. FİDAN APT 16/16 ANKARA
Phone 0554 602 45 42
Fax
Email iletisim@WEARHUG.COM

  1. BUYER INFORMATION

Person to be delivered to
Delivery Address
Phone
Fax
Email/username

  1. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username

  1. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
  2. The main characteristics of the goods/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller has organized a campaign, you can examine the main features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or service subject to the contract, including all taxes, is shown below.

 

Product Description

Quantity

Unit Price

Subtotal
(Including VAT)

 

 

 

 

Shipping Cost

 

 

 

Total :

 

 

Payment Method and Plan

Delivery Address

Recipient

Invoice Address

Order Date

Delivery Date

Delivery Method

 

7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.

  1. 8. INVOICE INFORMATION

Name/Surname/Title

Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during delivery.

  1. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information electronically, they have accurately and completely obtained the address to be provided by the SELLER to the BUYER before the conclusion of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the specifications specified in the order, and with warranty documents, user manuals, and information and documents required by the work, free from any defects, in a solid manner in accordance with legal regulations and standards, performing the work truthfully and honestly, maintaining and improving service quality, showing necessary care and attention during the performance of the work, and acting with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning about this situation, and to return the total amount to the BUYER within 14 days. 

9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that the SELLER's obligation to deliver the product subject to the contract will terminate if the price of the product subject to the contract is not paid and/or canceled in bank records for any reason.

9.7. The BUYER accepts, declares and undertakes that if the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with shipping costs belonging to the SELLER.

9.8. The SELLER accepts, declares and undertakes to notify the BUYER if it cannot deliver the product subject to the contract within the stipulated time due to force majeure events such as unforeseen circumstances beyond the will of the parties, which prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent one if available, and/or the postponement of the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, for payments made in cash, the product amount will be paid to them in cash and in full within 14 days. For payments made by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after being refunded to the bank is entirely related to the bank's processing time, and therefore the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, e-mail, SMS, phone calls, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them.

9.10. The BUYER shall inspect the goods/service before receiving them; they shall not accept damaged goods/services such as dents, breakages, torn packaging, etc., from the shipping company. It will be considered that the received goods/services are undamaged and sound. The obligation to protect the goods/services carefully after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service should not be used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes in advance to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will belong entirely and exclusively to the BUYER.

9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, annoys and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. Furthermore, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. Links to other websites and/or other content not under the SELLER's control and/or operated by other third parties may be provided on the SELLER's website. These links are placed to provide convenience for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.

9.16. Any member who violates one or more of the articles listed in this agreement is personally responsible, criminally and legally, for this violation, and will hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore; in the event of this violation leading to legal action, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

  1. RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without assuming any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to them or to the person/entity at the address indicated by them. In distance contracts regarding the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, it is mandatory to provide written notice to the SELLER via registered mail, fax, or e-mail within the 14 (fourteen) day period and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set out in this contract. In the event this right is exercised:

  1. a) The invoice for the product delivered to the individual or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the company. Return orders for which invoices are issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
  2. b) Return form,
  3. c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories if any.
  4. d) The SELLER is obliged to return the total price and the documents that put the BUYER into debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to take back the goods within 20 days.
  5. e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the right of withdrawal period.
  6. f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
  7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the Regulation, the return of products prepared in accordance with the BUYER's request or explicit personal needs and not suitable for return, such as underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable products, goods that are likely to deteriorate rapidly or expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, as well as audio or visual recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, is not possible. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the right of withdrawal period expires, as per the Regulation.

For cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untried, undamaged, and unused.





  1. DEFAULT AND ITS LEGAL CONSEQUENCES

In the event that the BUYER defaults on payment transactions made by credit card, they accept, declare and undertake that they will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will pay the SELLER for the damage and loss incurred due to the delayed performance of the debt.

  1. AUTHORIZED COURT

Complaints and objections arising from this contract will be made to the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:

Effective from 28/05/2014:

  1. a) For disputes with a value below 2,000.00 (two thousand) TL, to district consumer arbitration committees, as per Article 68 of Law No. 6502 on Consumer Protection,
  2. b) For disputes with a value below 3,000.00 (three thousand) TL, to provincial consumer arbitration committees,
  3. c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.
    This Agreement is made for commercial purposes.
  4. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this contract when they complete the payment for their order placed through the Website. The SELLER is obliged to make the necessary software arrangements on the website to obtain confirmation from the BUYER that this contract has been read and accepted before the order is placed.

SELLER:

BUYER:

DATE: