DISTANCE SALES AGREEMENT
In accordance with applicable legislation, please print out and read the following agreement text in 12-point bold font.
In addition, every buyer who makes a purchase through our website shall be deemed to have read and accepted all provisions of the Distance Sales Agreement set forth below, without the need for any further notice.
E-mail: [email protected]
Phone: +90 532 739 27 59
Address: Teşvikiye Neighborhood, Ihlamur Yolu Street No:3, Nişantaşı, Istanbul
BUYER
Customer (The Buyer is the person who makes purchases through the Seller’s website www.caraclan.com
. The address and contact details declared by the Buyer in the invoice and communication information shall be taken as the basis.)
By accepting this Agreement, the BUYER acknowledges and agrees in advance that upon confirming the order subject to this Agreement, they shall be obliged to pay the price of the order, and any additional charges such as shipping fees and taxes (if applicable), and that they have been duly informed in this respect.
ARTICLE 2: SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the rights and obligations of the parties pursuant to the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, in relation to the sale and delivery of the goods/services ordered electronically by the Buyer from the Seller’s website www.caraclan.com
, which have the characteristics stated herein and whose sale price is specified in this Agreement.
The Buyer declares and accepts, under the provisions of this Agreement, that they have knowledge of the essential characteristics, sale price, payment method, delivery conditions, and all preliminary information related to the goods/services subject to sale, as well as the right of withdrawal; that they have confirmed such preliminary information electronically; and that they subsequently placed the order.
In addition, as the return of products whose protective elements such as packaging, seal, or wrapping have been opened after delivery is not suitable for health and hygiene reasons, the right of withdrawal may not be exercised under any circumstances. Opening the product packaging constitutes an exception to the right of withdrawal.
The prices listed and announced on the Site are sales prices. Announced prices remain valid until updated or changed. If a product is announced with a time-limited offer, the announced price shall remain valid until the end of the specified period.
The Buyer accepts and undertakes that the data entered into the system both during membership registration and during shopping belong to them or that they are authorized to use/share such data; that they will not enter any data they do not own or have no right to use; otherwise, all responsibility shall belong solely to the Buyer.
The Preliminary Information Form and the invoice on the payment page of www.caraclan.com
are integral parts of this Agreement. Once the order is placed, the Buyer shall be deemed to have accepted all terms and conditions of this Agreement.
ARTICLE 3: AGREEMENT DATE, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE AND DELIVERY METHOD
This Agreement is executed on the date the Buyer places the order.
The goods/services shall be delivered to the Customer at the address requested by the Buyer. Packages suspected of being damaged during shipment must be opened and inspected in the presence of the cargo company officer. If any damage is detected, a report must be issued by the cargo company and the product must not be accepted.
If no report is issued, the Buyer shall be deemed to have accepted that the cargo company has fully performed its obligations after delivery of the product.
ARTICLE 4: GENERAL PROVISIONS
4.1. The Buyer acknowledges that they have read and been informed of the essential characteristics, sale price, payment method, and preliminary delivery information regarding the products displayed on the Website, and that they have provided the required confirmation electronically.
4.2. The product shall be delivered to the delivery address specified by the Buyer on the Website, together with its invoice, properly packaged and intact, within a maximum of 30 days.
4.3. If the product is to be delivered to a person/entity other than the Buyer, the Seller shall not be held responsible if such person/entity refuses to accept delivery.
4.4. The Buyer is responsible for inspecting the product at the time of delivery and, if any shipping-related issue is detected, refusing acceptance of the product and having a report issued by the cargo company officer. Otherwise, the Seller shall not accept liability.
4.5. The Agreement approved by the Buyer during shopping on the Website shall be sufficient and valid in all circumstances.
4.6. Unless otherwise provided in writing by the Seller, the Buyer must pay the full price prior to delivery. If the product price is not paid to the Seller before delivery, the Seller may unilaterally cancel the Agreement and may refrain from delivering the product.
4.7. If, after delivery, the bank/financial institution of the credit card used fails to pay the product price to the Seller for any reason, the product shall be returned by the Buyer within 3 days, with all costs borne by the Buyer.
All contractual and statutory rights of the Seller, including the right to pursue the product price receivable, are reserved in any event.
For the avoidance of doubt, installment/payment facilities provided by banks and financial institutions (credit cards, installment cards, etc.) constitute credit and/or installment opportunities provided directly by such institutions. Product sales in which the Seller has fully collected the price shall not be deemed installment sales between the parties under this Agreement, but cash sales.
In the event of Buyer’s default, a monthly default interest rate of 5% shall apply.
ARTICLE 5: RIGHT OF WITHDRAWAL
You may return the delivered order within 14 days, subject to customer service approval, provided that you do not open the Seller’s product box in any way.
After your order reaches our return warehouse, it shall be inspected, and following confirmation that it is unopened, your refund will be processed to your bank.
Please inspect packages suspected of damage during shipment in the presence of the cargo company officer before accepting delivery. If damage is detected, do not accept delivery and have a report issued by the cargo company.
If any deterioration, breakage, damage, tearing, use, or similar conditions are detected, and the product is not returned in the same condition as delivered, the return shall not be accepted and no refund shall be made.
If you return the product, the return process will be completed within seven (7) business days from the date the product reaches the Company.
Following approval of the return, credit card refunds shall be made within 5 business days. Your bank may not reflect the refund within the same statement period; in such case, you must contact your bank’s credit card services.
ARTICLE 6: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information stated in this Agreement and the information provided by the Buyer to the Seller for payment purposes shall not be shared with third parties, except the contracted cargo company.
If the Seller is obliged to disclose such information within the framework of administrative or legal obligations, the Buyer may not hold the Seller liable.
The Seller declares that it shall process the Buyer’s personal data properly and in accordance with its primary and secondary obligations under Law No. 6698 for the purposes of execution and establishment of this Agreement; that it shall ensure data security to prevent unlawful processing, access, and disclosure, and to safeguard and store the personal data; and that adequate technical and administrative measures have been taken.
The Seller shall also delete, destroy, or anonymize the data whose processing purpose has ceased, in compliance with retention periods stipulated under other laws.
By approving this Agreement, the Buyer acknowledges, declares, and undertakes that they have been informed within the scope of the Privacy Notice in accordance with Law No. 6698 regarding the processing of personal data.
ARTICLE 7: EVIDENCE AGREEMENT, JURISDICTION AND EFFECTIVE DATE
In the resolution of any dispute arising from and/or in relation to this Agreement, the Seller’s records (including magnetic records such as computer and voice recordings) shall constitute conclusive evidence.
Consumer Arbitration Committees shall have jurisdiction up to the monetary limits announced by the Ministry of Industry and Technology; for amounts exceeding such limits, Istanbul Anatolian/European Consumer Courts and Enforcement Offices shall have jurisdiction.
The Buyer declares, accepts, and undertakes that they have read, reviewed, and accepted all terms and explanations written in this Agreement and in the order form which is an integral part thereof, and that they have received all preliminary information.
The Buyer shall be deemed to have accepted all terms of this Agreement upon making payment for the order placed via the Site.
The Seller is obliged to implement the necessary software arrangements to obtain the Buyer’s confirmation that this Agreement has been read and accepted prior to completion of the order.