Distance Selling Agreement

1. PARTIES

This Agreement has been entered into between the following parties in accordance with the terms and conditions set forth below.
A. “BUYER”;
First Name, Last Name:
Address:
Email:
Phone:
B. “SELLER”;
Company Name: VAMOS CLO TEXTILE MARKETING LTD. STI.
Address: Mehmet Nesih Özmen Mah. Ceviz Sok. No:5 Güngören / Istanbul
Email: info@vamosclo.com
Phone: 0531 727 22 33
By accepting this contract, the BUYER hereby acknowledges in advance that, should they confirm the order subject to this contract, they will be obligated to pay the purchase price of the order as well as any additional fees specified, such as shipping costs and taxes, and that they have been informed of this obligation.

2. DEFINITIONS

For the purposes of the application and interpretation of this agreement, the terms listed below shall have the meanings set forth opposite them.
MINISTER: The Minister of Customs and Trade;
MINISTRY: The Ministry of Customs and Trade;
LAW: Law No. 6502 on the Protection of Consumers;
REGULATION: the Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
, SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken to be performed in exchange for a fee or benefit,
SELLER: A company that offers goods to a consumer as part of its commercial or professional activities, or acts on behalf of or for the account of such a company;
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes;
WEBSITE: The Seller’s website;
ORDERER: A natural or legal person who requests goods or services through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement entered into between the SELLER and the BUYER;
GOODS: Refers to the movable property subject to the transaction, as well as software, audio, video, and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT MATTER

This Agreement pertains to the sale and delivery of the product described below, with its characteristics and sales price specified, which the BUYERvia the SELLER’s website, regarding the sale and delivery of the product whose specifications and sales price are specified below, and regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts
.
The prices listed and advertised on the website are the sales prices. The advertised prices and offers remain valid until they are updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: VAMOS CLO TEKSTİL PAZARLAMA LTD. ŞTİ.
Address: Mehmet Nesih Özmen Mah. Ceviz Sok. No:5 Güngören / Istanbul
Email: info@vamosclo.com
Phone: 0531 727 22 33

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are aware of the preliminary information regarding the essential characteristics of the product subject to the contract, the sales price, the payment method, and delivery on the SELLER’s website, and that they have provided the necessary confirmation electronically. The BUYER’s electronic confirmation of the Preliminary Information, prior to the conclusion of the distance sales contract, that the BUYER has accurately and completely obtained from the SELLER the address to be provided to the BUYER, the essential characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to this contract shall be delivered to the BUYER or to the person and/or entity at the address designated by the BUYER within the timeframe specified in the “Preliminary Information” section of the website, depending on the distance from the BUYER’s place of residence, provided that such timeframe does not exceed the 30-day statutory period. 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 undertakes to deliver the product subject to the Contract in full, in accordance with the specifications stated in the order, and, if applicable, along with warranty documents, user manuals, and any other information and documents required for the product; to perform the work free from any defects, in a sound and in accordance with applicable standards, based on the principles of accuracy and good faith; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by notifying the BUYER and obtaining the BUYER’s explicit consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER is unable to fulfill its obligations under the contract due to the impossibility of delivering the product or service subject to the order, the SELLER hereby acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of such a situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER hereby acknowledges, declares, and undertakes to confirm this Agreement electronically for the delivery of the product subject to the Agreement; furthermore, the BUYER acknowledges, declares, and undertakes that if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall cease.
9.7. The BUYER acknowledges, declares, and undertakes that, if the price of the product subject to this Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized and unjust use of the BUYER’s credit card by unauthorized persons following the delivery of the product subject to this Agreement to the BUYER or to a person and/or entity at the address designated by the BUYER, the BUYER hereby acknowledges, declares, and undertakes to return the product subject to the Contract to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the contract within the specified timeframe due to force majeure events—such as circumstances arising beyond the parties’ control, unforeseeable events, and situations that prevent and/or delay the parties from fulfilling their obligations— the SELLER hereby acknowledges, declares, and undertakes to notify the BUYER of such circumstances. The BUYER shall have the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent product (if available), and/or the postponement of the delivery period until the hindering circumstances cease. In the event the BUYER cancels the order, if the BUYER made the payment in cash, the product amount will be refunded to the BUYER in cash and in a single payment within 14 days. In cases where the BUYER paid by credit card, the product amount will be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges that the average processing time for the amount refunded to the BUYER’s credit card by the SELLER to appear in the BUYER’s account may take 2 to 3 weeks, and since the time it takes for this amount to appear in the BUYER’s account after it is refunded to the bank is entirely dependent on the bank’s processing procedures, the BUYER hereby acknowledges, declares, and undertakes that the SELLER cannot be held liable for any potential delays.
9.9. The SELLER’s has the right to contact the BUYER for communication, marketing, notifications, and other purposes via mail, email, SMS, phone calls, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and agrees that the SELLER may engage in the communication activities described above directed at the BUYER.
9.10. The BUYER shall inspect the goods/services subject to this contract prior to acceptance; the BUYER shall not accept from the shipping company any goods/services that are damaged or defective, such as those that are dented, broken, or have torn packaging. The goods/services accepted upon delivery shall be deemed undamaged and in good condition. The obligation to carefully safeguard the goods/services after delivery rests with the BUYER. If the right of withdrawal is exercised, the goods or services must not have been used. The invoice must be returned.
9.11. If the BUYER and the credit cardholder used during the order are not the same person, or if a security breach related to the credit card used for the order is detected prior to delivery of the product to the BUYER, the SELLER may request that the BUYER provide the cardholder’s identification and contact information, the credit card statement for the previous month, or a written confirmation from the cardholder’s bank verifying that the credit card belongs to the cardholder. The order will be suspended until the BUYER provides the requested information or documents; if such requests are not fulfilled 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 upon registering on the SELLER’s website is accurate, and hereby declares and undertakes to immediately, in cash, and in a single lump sum compensate the SELLER for all damages the SELLER may incur due to the inaccuracy of such information, upon the SELLER’s first notification.
9.13. The BUYER hereby agrees and undertakes from the outset to comply with all applicable legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne entirely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morality, harasses or offends others, serves an unlawful purpose, or infringes upon the material or moral rights of others. Furthermore, the BUYER may not engage in activities that prevent or hinder other users from using the services (such as spam, viruses, Trojan horses, etc.).
9.15. The SELLER’s website may contain links to other websites and/or content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided solely to facilitate navigation for the BUYER; they do not constitute an endorsement of any website or the entity operating it, nor do they imply any warranty regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this agreement shall be personally liable, both criminally and civilly, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that such a breach results in the matter being referred to the courts, the SELLER reserves the right to seek damages from the member for failure to comply with the membership agreement.

10. RIGHT

OF WITHDRAWAL 10.1. The BUYER, in the event that the distance contract pertains to the sale of goods, may, within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address indicated by the BUYER, may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification. In distance contracts relating to the provision of services, this period begins as of 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 expiration of the withdrawal period. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER hereby acknowledges in advance that they have been informed regarding the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must provide written notice to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used, in accordance with the provisions regarding “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this contract. If this right is exercised,
a) the invoice for the product delivered to a third party or to the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent along with a return invoice issued by the company at the time of return. Returns for orders with invoices issued in the name of a company cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The box, packaging, and any standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obligated to refund the total amount and any documents that place the BUYER under financial obligation to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.
e) If the value of the goods decreases due to a reason attributable to the BUYER’s fault, or if the return becomes impossible, the BUYER is obligated to compensate the SELLER for damages in proportion to the BUYER’s fault. However, the BUYER is not liable for changes or deterioration in the goods or products resulting from their proper use during the right of withdrawal period.
f) If, as a result of exercising the right of withdrawal, the total amount falls below the campaign limit set by the SELLER, the discount amount received under the campaign will be canceled.

11. PRODUCTS

FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED Products prepared at the BUYER’s request or explicitly for their personal needs and not suitable for return, including underwear bottoms, swimsuit bottoms and bikini bottoms, makeup products, single-use products, goods at risk of rapid spoilage or with an expired shelf life, products that are unsuitable for return from a health and hygiene perspective once the packaging has been opened by the BUYER after delivery, and products that have mixed 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 agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables—cannot be returned pursuant to the Regulation if their packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s consent before the withdrawal period expires.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery supplies (toner, cartridges, ribbons, etc.) may only be returned if their packaging remains unopened, they have not been tested, damaged, or used.

12. DEFAULT AND LEGAL CONSEQUENCES

IF THE BUYER defaults on payment when paying by credit card, the BUYER hereby acknowledges, declares, and undertakes that they will pay interest in accordance with the credit card agreement between them and the card-issuing bank and will be liable to the bank. In such a case, the relevant bank may pursue legal remedies; may claim any resulting expenses and attorney’s fees from the BUYER; and in any case, should the BUYER default on their debt, the BUYER hereby acknowledges, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed fulfillment of the debt.

13. COMPETENT COURT

In the event of disputes arising from this contract, complaints and objections shall be  shall be submitted to the consumer disputes arbitration committee or the consumer court located in the consumer’s place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:
Effective as of May 28, 2014:
a) For disputes where the value is less than 2,000.00 (two thousand) TL, to be submitted to district consumer arbitration committees;
b) Disputes with a value of less than 3,000.00 (three thousand) TL to be submitted to provincial consumer arbitration committees;
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to the provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.

14. ENTRY INTO FORCE

The BUYER is deemed to have accepted all terms of this Agreement upon completing payment for the order placed through the Site. The SELLER is obligated to implement the necessary software adjustments to ensure that the BUYER acknowledges having read and accepted this Agreement on the Site prior to the order being processed.