Distance Sales Agreement

DISTANCE SALES CONTRACT

E-STORE SALES AGREEMENT

ARTICLE 1 - Parties


1.1-SELLER
Title: Noblist Design Textile Production Marketing Export Trade Limited Company.

Address: Tarabya Ferahevler Neighborhood, Çamlık Koru Street, Petunya Street, No: 37, Juma Plus Tarabya B Block, Postal Code: 34457, Trabya-Sarıyer / İstanbul

Phone: 05322738534
Email : noblistdesign@gmail.com

1.2- BUYER (*)

Name/Surname/Title

:

Address

:

Telephone

:

Email address

:


(*) If the buyer is a merchant natural or legal entity and/or the invoice for the product subject to the Agreement is issued in the name of the merchant buyer, the buyer cannot benefit from the provisions granting special rights and opportunities to consumers and consumer rights regulated in this Agreement and the law.


ARTICLE 2 - Purpose and Subject of the Agreement


The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.noblistdesign.com.


ARTICLE 3 - Price, Quantity and Payment Method


Type, Kind, Quantity and Sales Price of the Products are as follows:

Product Number

Definition

Piece

Unit Price (TL)

Amount (VAT Included)

Total Product Price

Total Shipping Amount

Total Order Amount (VAT Included)

Payment Method

Delivery Address

Person to be Delivered

Billing Address

  • The shipping cost is included in the total order amount and will be paid by the SELLER. The BUYER is responsible for all international shipping costs, brokerage and customs costs, and any applicable import and sales duties and taxes, including customs and sales taxes.
  • When you purchase a product from www.noblistdesign.com, you will be charged with import taxes and customs duties that may be charged by the country to which the BUYER wishes the product to be shipped, and any expenses, advance fees or similar charges that may be charged by the carrier, intermediary, customs office in the country of destination of the product or other parties (summarily "Import Fees"). Therefore, before purchasing the product, you should contact your local customs office for more certainty and obtain more information about the import taxes and customs duties that may be applied to your purchase.

    ARTICLE 4 - Performance Method, Conditions and Responsibilities of the SELLER and BUYER


4.1 - The BUYER acknowledges and declares that it has read and is familiar with the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the www.noblistdesign.com website, and has provided the necessary confirmation electronically. If, after the Preliminary Information Form is approved and the Distance Sales Agreement is executed, the product price is not paid for any reason, or the bank payment is canceled, the SELLER has the right to refrain from delivering the product until the BUYER pays the product price and notifies the SELLER.


4.2 - The product subject to this contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30 (thirty) day period for each product. If the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligations fully and completely. Therefore, the BUYER will bear all damages arising from the BUYER's late receipt of the product, as well as any costs incurred due to the product being held by the cargo company and/or the cargo being returned to the SELLER. The SELLER cannot be held responsible for any delay in the estimated delivery date due to the BUYER's failure to pay any Import Fees that may be requested in the country where the product is requested to be delivered.


4.3 - If the BUYER refuses to accept the product or fails to pay or refuses to pay import fees and/or attempts to return the product to avoid paying import fees, shipping and/or delivery fees prepaid to the SELLER will not be refunded to the BUYER. The BUYER will be responsible for all fees and costs incurred due to the BUYER's refusal or failure to pay import fees.


4.4 - If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization refuses to accept delivery. In this case, the shipping costs for returning the product to the SELLER will be the responsibility of the BUYER.


4.5 - The SELLER is responsible for ensuring that the product subject to the contract is delivered intact, complete, and in compliance with the specifications specified in the order, along with any warranty documents and user manuals. SELLER cannot be held responsible if the products are not delivered within the specified timeframe and/or in the promised manner and to the person, due to the BUYER's fault or negligence.


4.6- For the delivery of the contracted product, the price of the product must be paid using the payment method chosen by the BUYER. If, for any reason, the price of the product is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.


4.7- If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the product must be sent to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.


4.8 - The sales and delivery conditions of the products are included in the annex to the contract and in the sales and delivery conditions section of the e-store. By accepting the contract, the BUYER is deemed to have accepted these conditions.


4.9 - If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing shipment or transportation interruptions, the SELLER is obligated to notify the BUYER of the situation. In such cases, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product, if any, with a comparable product, and/or postponement of the delivery period until the impeding condition is eliminated. If the BUYER cancels the order, the amount paid by the BUYER will be refunded to the BUYER in cash and in a lump sum within 10 (ten) days. In payments made by credit card, the amount of the product(s) will be refunded to the relevant bank no later than 10 (ten) days after the order is cancelled by the BUYER. Since the reflection of this amount in the BUYER's account after its return to the bank is entirely dependent on the bank transaction process, the BUYER acknowledges and accepts that the SELLER cannot intervene in any way for possible delays and that the SELLER is not responsible for the time it takes for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account.


4.10. If the supply of the ordered product becomes impossible, the SELLER shall notify the BUYER of this situation before the expiration of the contractual performance obligation and refund the total price to the BUYER within 10 (ten) days.


  1. RIGHT OF WITHDRAWAL:

  • The BUYER has the right to withdraw from the contract by rejecting/returning the goods within 14 (fourteen) days from the date of receipt of the goods or the date the goods are delivered to the third person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification.

  • In order to exercise the right of withdrawal, the SELLER must be notified within this period that this right has been exercised;
  1. a) In writing to the SELLER's address Tarabya Ferahevler Mahallesi, Çamlık Koru Cad. Petunya Sokak. No: 37 Juma Tarabya B Blok PK: 34457 Trabya-Sarıyer / İstanbul - Türkiye or
  2. b) With a continuous data carrier noblistdesign@gmail.com an email to the postal address or www.noblistdesign.com It must be reported via the Contact Form which can be accessed via the link.

  • When exercising the right of withdrawal, the BUYER;
  1. The invoice for the product delivered to the BUYER or the person designated by the BUYER as the Person to be Delivered, (**)
  2. It must be delivered to the SELLER complete and undamaged, together with its box, packaging and standard accessories, if any.

(**) If the BUYER is a merchant or legal entity and/or the invoice for the product subject to the contract is issued in the name of the merchant BUYER, and the BUYER wishes to return the product, excluding consumer rights, the product must be sent along with the return invoice to be issued when returning it. (If the BUYER is a merchant or legal entity and/or the invoice for the product subject to the contract is issued in the name of the merchant BUYER, the BUYER cannot benefit from the provisions granting special rights and opportunities to consumers and consumer rights regulated in this Agreement and the law.)

  • If the value of the goods returned by the BUYER within the scope of the right of withdrawal decreases due to the BUYER's fault or if the goods in question are destroyed due to the BUYER's fault, the BUYER must compensate the SELLER for the value of the goods or the decrease in their value.
  • If the BUYER exercises his right of withdrawal, the SELLER shall immediately initiate proceedings with the relevant bank to refund the product price to the BUYER's bank account or credit card account within 10 (ten) days from the date of receipt of the notice of withdrawal.
  • The shipping costs for products returned due to the right of withdrawal are covered by the SELLER. The shipping costs for products returned to the SELLER without a notice of withdrawal will be covered by the BUYER. The BUYER understands and agrees that they will pay the shipping costs in this case.

ARTICLE 6 - Other Matters


6.1- BUYER, He/she declares that he/she has read and is aware of the basic features, sales price, payment method, delivery and other preliminary information of the product/s on the www.noblistdesign.com website and has given the necessary confirmation in electronic environment on these matters.

6.2- By confirming the preliminary information electronically, the BUYER confirms that he/she has received the address, basic features of the ordered product(s), price of the product(s) including taxes, payment and delivery information accurately and completely before the conclusion of distance contracts.

6.3 - www.noblistdesign.com has the right to change the price of any product or service or cancel the product or service when necessary.

6.4 - SELLER shall use the Buyer's personal information (such as name, age, email address, telephone number) obtained through this Agreement solely within its own organization, and shall not share it with third parties. Seller shall not use this information unless necessary and except for activities to maintain the confidentiality of this information against third parties. Requests for this information by official authorities and the obligation to disclose it to official authorities pursuant to legislation shall not be deemed a breach of this confidentiality obligation.

ARTICLE 7 - Annexes to the Agreement


Annex: 1 Sales Delivery Conditions

ARTICLE 8 - Resolution of Disputes


8.1 - In case of disputes arising from this Agreement, Turkish Law will be applied and Istanbul Courts and Enforcement Offices will have jurisdiction.

8.2 - BUYER and SELLER accept and declare that the information and documents in the e-store of Noblist Design Tekstil Üretim Pazarlama İhracat Ticaret Limited Şirketi will be used as exclusive evidence for the resolution of disputes.

8.3 - If the order is placed, the BUYER is deemed to have accepted all sales and delivery conditions of this Agreement.

Article 9 - Confidentiality

  1. The Parties will not provide any written or oral information or documents regarding the existence, content, or provisions of this Agreement to third parties, institutions, or organizations, unless legally required to do so, without each other's written consent. All information exchanged will be kept confidential and will not be used for purposes other than those specified in this Agreement without mutual prior written consent.
  2. In accordance with the Law on the Protection of Personal Data No. 6698, the parties have approved and accepted, with their own free will and consent, the recording, processing, classification, disclosure, transfer, anonymization and assignment of their personal data mentioned in all articles, by automatic or non-automatic means.
  3. The parties declare that the personal data they obtain will be recorded, stored, preserved, rearranged, shared with institutions legally authorized to request such personal data, and that it may be transferred, assigned, classified, and processed in other ways listed in the KVKK, to domestic or foreign third parties under the conditions stipulated by the KVKK, within the scope of commercial relations or within this contractual relationship, within the framework of the purpose requiring processing and in a limited and proportionate manner in connection with this purpose, while preserving the accuracy and most up-to-date form of the personal data as notified or notified to them, and the parties consent to this matter.
  4. The parties agree and undertake to pay all material and moral damages that the other party may suffer, and all material and moral compensation claims made by third parties, in cash and in a lump sum, in proportion to the fault of the injured party, upon the first request made by the injured party, due to their actions contrary to the Confidentiality and Personal Data Protection Provisions within the scope of this Agreement.


ARTICLE 10 - Signature


This contract is comprised of 10 articles and annexes on five pages. It becomes valid when the BUYER clicks the "I accept" order button.

SELLER: Noblist Design Textile Production Marketing Export Trade Limited Company.

BUYER:
Name/Surname:
History:
Hour: