DISTANCE SELLING CONTRACT
ARTICLE 1 – PURPOSE
This Distance Selling Contract sets out the rights and obligations of the parties in connection with the goods electronically ordered by the BUYER from the SELLER’s website as per the provisions of the Consumer Protection Law No. 6502 and Distance Selling Regulations. BUYER agrees to be informed about the following matters by reviewing the information at https://www.vavaplus.ca/ both prior to the establishment of this Contract, prior to placement of the order and undertaking the payment liability.
ARTICLE 2 – PARTIES
INFORMATION ABOUT THE SELLER
E-mail for submitting the withdrawal notice:
Address for returning products:
INFORMATION ABOUT THE BUYER
ARTICLE 3 – FEATURES OF THE PRODUCT BEING SOLD AND PAYMENT TERMS
3.1. BUYER agrees and represents that s/he has read and made himself/herself familiar with the main qualities, sales price including any taxes, payment method and delivery about the product and that s/he has given the required confirmation in writing. BUYER agrees and represents that s/he has obtained all information which must be provided by …………………. the SELLER as per the Distance Selling Regulations prior to his/her agreement to this Contract.
3.2. The qualities and quantity of the product purchased by the BUYER are the same as the information on the website at www.vavaplus.ca and on the invoice. Once the product is sold, the order summary and the provisions of the selling contract are sent to BUYER’s e-mail address. In case of additional expenses for transportation and delivery, such details shall be also sent to BUYER’s e-mail address.
3.3. In case of any errors relating to the product price due to system errors of the website at www.vavaplus.ca, the BUYER shall be immediately informed about the error. At the BUYER’s option, either the transaction will be cancelled or the selling transaction will be proceeded using the actual price of the product.
3.4. The product price and the exchange rate for payment may vary depending on the location where the BUYER is residing. The payment of the products purchased by the BUYER residing in Turkey shall be done in Turkish Lira exchange rate and the payment of the products purchased by the BUYER residing outside of Turkey shall be done in Euro and USD exchange rates. In the event that the BUYER uses VPN in order to alter its residing location and purchases the product, the VENDOR reserves the right to cancel the sales process accordingly.
3.5. While payment via credit card may be made in single instalment, payments may be made in multiple instalments depending on the contracts made with banks seasonally. Instalment and possible later interest shall be at the discretion of the relevant bank.
3.6. For delivery of the product under the selling Contract, the product price must be paid with such method as preferred by the BUYER. In order for the payments could be made via credit cards, the BUYER needs to enter the credit card details fully on the payment field. In the event, the product price is not paid or payment is cancelled by the bank, the SELLER may terminate the selling contract unilaterally and the SELLER shall no longer be under obligation to deliver the product.
ARTICLE 4 – DELIVERY OF THE PRODUCT
4.1. The SELLER may provide the SELLER with an estimated delivery deadline for the product purchased. Delivery lead time shall not exceed the legal period of 30 (thirty) days prescribed in the Regulations on Distance Selling Contracts. If for any reason, the order may not be delivered within the period promised by the SELLER, such delay shall be notified to the BUYER.
4.2. The Product shall be delivered to the person at the delivery address designated by the BUYER, together with the invoice.
Any damages and expenses which may result from acceptance of the product by a person at the delivery address other than the BUYER shall not be the responsibility of the SELLER. In case of delivery to the person at the delivery address, this delivery shall be considered to be delivery to the BUYER. SELLER shall be considered to have fulfilled its obligations.
4.3. BUYER shall be responsible for promptly checking the product at the time of delivery and promptly notify any defects to the SELLER via the phone number in the contact details above.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF SELLER AND BUYER
5.1 SELLER shall be responsible for delivering the product under the Contract in accordance with the qualities and features listed in the order, in full, complete and together with any warranty certificates and user guidelines.
5.2. BUYER shall be responsible for promptly checking the product at the time of delivery, refuse the product in case of any problems related with the product or cargo, and issuing a report with the cargo company’s officer. In case of no determination and notification regarding the product status, then the product received shall be considered to be free from damages.
5.3. In cases where it becomes impossible for the SELLER to deliver the ordered products or services, the SELLER shall, within three days following the date when the seller becomes aware of this, be under obligation to notify the consumer in writing or via permanent data storage tools and must return all payments collected including any delivery expenses, if any, within maximum fourteen days following the date of notification. If the product is not available in the stock, this shall not be considered the impossibility of providing the product.
ARTICLE 6 – EXERCISE OF THE RIGHT TO WITHDRAW AND OBLIGATIONS OF THE PARTIES
BUYER shall have the right to withdraw from the contract within 14 (fourteen) days without any justification and without being subject to any penalty.
Save that it is not a product for which the right to withdraw in Article 7 may not be exercised, the BUYER may exercise its right to withdraw by serving the withdrawal notice to the e-mail address or phone number mentioned in Article 2, within 14 (fourteen) days. Unless the Seller makes an offer to receive its product back, the BUYER shall, within 10 (ten) days following the date when the buyer submits its notice of withdrawal, be under obligation to return the product to the seller or the provider or the designated person together with the original invoice and the completed return form at the back of the invoice. In addition, the product(s) which must be returned within 10 (ten) days after the exercise of the withdrawal right must be non-used, non-worn, non-washed and in its original package together with its standard accessories, if any, so that the SELLER may offer it for sale again. In this case, the delivery expenses of the product shall be borne by the SELLER. The return of orders for which the invoice is issued in the name of corporations shall not be completed unless a RETURN invoice is issued.
In case of withdrawal, the product price of the returned product shall be refunded using the original payment method of the BUYER within 14 (fourteen) days following the receipt of the product.
For refunding via credit cards, the period of refund may vary due to the bank. The product which will be returned should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
In the case of withdrawal, if the returned product does not satisfy the conditions of the return policy, the product shall be delivered back to the same address without making any extra payment.
ARTICLE 7 PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The specific products prepared and produced for special days such as Christmas, Valentine, Mother’s / Father’s Day can not be returned.
ARTICLE 8 – SETTLEMENT OF THE DISPUTES
In respect of the disputes as may arise in connection with this Distance Selling Contract shall, up to the value announced by the Ministry of Customs and Trade, be settled by the Consumer Arbitration Committees and Arbitration Courts located at the place of residence of the Buyer and place where the Product or Service is purchased by the Buyer. In line with the lower and upper limits as specified in the 1st Paragraph of Article 68 of the Consumer Protection Law No. 6502, consumer claims shall be governed by the district / provincial consumer arbitration committees.
APPENDIX: Application Form
FORM OF EXPRESS CONSENT ON PERSONAL DATA PROCESSING
I have read the elucidation wording on the Processing and Protection of the Personal Data provided to me. I have further been informed on the Law on Personal Data Protection, comprehended by legal rights and I hereby agree and acknowledge that the following consent of mine obtained in this regard is valid and based on my free will.
I hereby grant my approval with my express and written consent for my personal data that I have disclosed to benefit from the products and services of your Corporation and be informed on such and my personal data to be acquired by your Corporation from the relevant real and legal entities to be processed to allow me to benefit from the products, applications, advantages or campaigns that are convenient for me in line with my requirements and for the purposes of general information and ensuring all sorts of communications to be established with me and to be disclosed to the Business Associates of your Corporation, Stakeholders of your Corporation, Officials of your Corporation, legally authorized Public Institutions and Organizations, legally authorized Private Legal Entities and/or third parties/organizations to be designated by such in the event that my Personal Data is required and the deliverance of information, promotional and marketing communications and messages with data, audio and image content to be directly transmitted or through SMS, MMS, telephone, fax, dialer devices, electronic mail and similar communication channels by your Corporation with the awareness that I am entitled to reject such at any time.
Personal Data Holder
Name & Surname: