Distance Sales Agreement
ARTICLE 1 PARTIES
This Distance Sales Agreement (“Agreement”) has been concluded electronically in accordance with the Distance Contracts Regulation between Duygu Dansuk Sole Proprietorship (“Company”), located at Rasimpaşa, Nakil Street 18/A Kadıköy/Istanbul, and the person purchasing the Company's products and services from the website (“Customer” or “Consumer”).
The Company and the Customer shall be referred to individually as “Party” and collectively as “Parties.”
By purchasing products and services from the Company, the Customer acknowledges, declares and undertakes that they have read the entire Agreement, fully understood its content, and approved all its provisions. Likewise, the Company also declares and undertakes the following to the Customer. Therefore, the accuracy of the information provided by the Customer during the purchase of services is guaranteed by the Customer.
ARTICLE 2 ESTABLISHMENT OF THE AGREEMENT
THE CUSTOMER ACCEPTS THAT THEY HAVE READ THE AGREEMENT, UNDERSTAND IT, AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS. THE PARTIES AGREE THAT THERE IS NO DISPROPORTIONALITY BETWEEN THE OBLIGATIONS ESTABLISHED BY THE AGREEMENT AND THAT THE MUTUAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE TRANSACTION, AND THEY ACCEPT THAT THERE ARE NO LACKS OF EXPERIENCE REGARDING THE TRANSACTIONS COVERED BY THE AGREEMENT. THE CUSTOMER ACCEPTS THAT THEY HAVE FULLY CONCLUDED THAT THE TRANSACTIONS CONTAINED IN THE AGREEMENT ARE IN THEIR BEST INTEREST AND THAT THEY WILL COMPLY WITH ALL TERMS OUT OF THEIR FREE WILL, WITHOUT ANY DIFFICULTY OR STRAIN, AFTER THOUGHTFULLY, WILLINGLY, AND KNOWINGLY. THE PARTIES ACCEPT THAT THE PROVISIONS OF THE AGREEMENT DO NOT CONTAIN ANY CHARACTERISTICS THAT MAY BE CONSIDERED UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS. THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE REGULATIONS ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT VIOLATE THE PRINCIPLE OF GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMERS. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH OBLIGATIONS LAW. THE BINDING NATURE AND CONTENT CONTROL FORESEEN IN ARTICLE 21 OF THE TURKISH OBLIGATIONS LAW HAS BEEN CONDUCTED BY THE CUSTOMER. NONE OF THE PROVISIONS OF THIS AGREEMENT HAVE A CHARACTER THAT IS FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICITY OF THE TRANSACTION (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT HAVE BEEN WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS. ARTICLE 3 SUBJECT
The subject of this Agreement is to establish the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumers, relevant regulations, and other applicable legal provisions regarding the service provided to enable Customers to receive information about the products and services of the Company for the purpose of online product sales through the Company's website (“Platform”).
ARTICLE 4 COMPANY INFORMATION
Title: Duygu Dansuk Sole Proprietorship Address: Rasimpaşa, Nakil Street 18/A, 34716, Kadıköy/Istanbul, Turkey Mersis number: 5460205958
ARTICLE 5 CUSTOMER (CONSUMER) INFORMATION
Full Name: [Customer Full Name] Address: [Customer Address] Phone: [Customer Phone Number] Email: [Customer Email Address]
ARTICLE 6 INFORMATION REGARDING THE SERVICE SUBJECT TO THE AGREEMENT
The date of the Agreement, the type of Service, the date of execution, the sales price, the payment method, and related details are as follows:
Date of Agreement: [Order Creation Date]
Type of Service: Sale of products made by the Company to the Customer through the Platform
Product Delivery Date: [Cargo Delivery Date]
Amount of Delivery Costs: [Total Cargo Fees]
Product Name: [Names of Products in the Order]
Quantity: [Number of Products in the Order]
Amount (Including Taxes): [Order Amount]
Payment Method: [Order Payment Method]
ARTICLE 7 RIGHT OF WITHDRAWAL
The Company's methods for resolving complaints: Complaints regarding the service subject to the Agreement can be made via the contact information provided above.
For buyers with the status of a consumer under the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, the right of withdrawal and its use:
In accordance with the relevant provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation;
The consumer buyer has the right to withdraw from distance contracts related to sales of goods without stating any reason and without paying any penalty within 14 (fourteen) days from the date they receive the goods. It is sufficient for the notification of exercising the right of withdrawal to be directed to the seller in writing or through a permanent data carrier within this period.
However, the consumer buyer's right of withdrawal does not apply to (i) goods prepared in accordance with the consumer's requests or personal needs, (ii) delivery of perishable goods or goods that may expire, (iii) goods that have protective elements such as packaging, tape, seal, package opened after delivery; those that are not suitable for return due to health and hygiene reasons, (iv) goods that are mixed with other products after delivery and cannot be separated by their nature, (v) books presented in physical form, digital content, and computer consumables where protective elements such as packaging, tape, seal, package have been opened after delivery, (vi) delivery of periodicals such as newspapers and magazines outside those provided under subscription agreements, (vii) accommodation, moving goods, car rental, food and beverage supply, and leisure activities that need to be performed on a specific date or period, (viii) services performed instantly in electronic form or intangible goods delivered instantly to the consumer, (ix) services commenced with the consumer's approval before the right of withdrawal period has expired, and (x) contracts for goods or services whose price varies depending on fluctuations in financial markets and is not under the control of the seller or provider.
Considering the exceptional circumstances stated in the above paragraph, if the consumer buyer has the right to withdraw and exercises it, the seller is obliged to refund the total amount received from them and any valuable documents or similar documents that obligate the consumer buyer without charging any expenses within a maximum of 14 (fourteen) days from the date they receive the withdrawal notification.
In cases of return of promotional products, if returning results in losing campaign eligibility, the remaining products will be evaluated at their seasonal price, and the remaining amount will be refunded.
Following approval of the return transaction, a debit note will be issued in the name of the buyer for accounting reconciliation by the seller. The buyer is deemed to have approved the debit note to be issued to them by filling out the return request form on cluf.co.
If applicable, contact details for making a withdrawal notification:
Title: Duygu Dansuk Sole Proprietorship
Address: Rasimpaşa Nakil Street 18/A, 34716, Kadıköy/Istanbul, Turkey
Email: hello@duygu24.com
ARTICLE 8 CUSTOMER'S RIGHTS AND OBLIGATIONS
8.1 The Customer declares that they have read and are informed about the essential characteristics of the product subject to the Agreement, the sales price, the payment method, and all preliminary information regarding delivery, and that they have provided the necessary confirmation electronically.
8.2 The product subject to the Agreement shall be delivered to the Customer or the person/entity indicated at their address within the period stated in the preliminary information, depending on the distance of the Customer’s residence, provided that it does not exceed the legal period of 30 (thirty) days. If the Company acts contrary to this obligation, the Customer may terminate this Agreement. In the event of termination of the Agreement, the seller or provider is obliged to refund all collected payments, including any delivery costs, if applicable, within 14 (fourteen) days from the date the termination notice reaches them, along with the statutory interest determined by relevant legislation and to return any valuable documents or similar documents that obligate the consumer.
8.3 If the Customer cannot be found at the address they provided, the order shall not be left at any other address. In this case, the Customer must accept any legal obligations arising from having placed an order for an address where they were not present.
8.4 If the product subject to the Agreement is to be delivered to a person/entity other than the Customer, the Company cannot be held responsible if the recipient refuses to accept delivery.
8.5 The Company is responsible for delivering the product subject to the Agreement in a solid, complete manner and in accordance with the specifications stated in the order. Provided there is a valid reason, the Company may supply goods or services of equal quality and price before the performance obligation arising from the Agreement expires.
8.6 The confirmation of this Agreement electronically and payment of the price of the order are prerequisites for delivery of the product subject to the Agreement. If for any reason the product price is not paid or is cancelled in bank records, the Company shall be deemed released from its obligation to deliver products under this Agreement.
8.7 The Company is responsible for any loss or damage that occurs until the goods are delivered to the Customer or to a third party designated by the Customer other than the carrier.
8.8 If the Customer requests that goods be sent by a carrier other than one designated by the Company, the Company shall not be responsible for any loss or damage that may occur from the time of delivery of the goods to that carrier.
8.9 The service provided by the Company is aimed at consumers within retail sales; if the Company suspects that the Customer intends to resell, it reserves the right to cancel the order and not deliver products even if this Agreement has been concluded.
ARTICLE 9 REFUND OF FEES
Refunds to Customers are limited to orders paid via online payment methods only in cases of:
- Mandatory cancellation of the order due to the Customer’s address being outside the Company’s shipping area;
- Cancellation of an order that has not been prepared by the Company or cancellation of an order that has been prepared upon the Customer's request and approved by the Company;
- Mandatory cancellation of an order partially or completely due to non-availability of some or all items;
- Cancellation made after obtaining approval from the Company due to dissatisfaction with an ordered product; and
- Cancellation made due to delayed delivery of an ordered product with approval from the Company. If a receipt or invoice has been issued by the Company regarding the order subject to cancellation and delivered to this Customer, it must be returned to the Company. The Company reserves the right not to issue refunds solely due to reasons arising from the Customer (for example, if the Customer is not found at their ordered address, provides incorrect address information, or does not accept delivery).
ARTICLE 10 COMPETENT COURT
Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committee or Consumer Court located where either the Customer or Company resides, in accordance with monetary limits determined annually by the Ministry of Commerce in December.