DISTANCE SELLING CONTRACT
1. DEFINITIONS
Seller: A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf of or on account of the person offering the goods,
Buyer: A natural or legal person acting for commercial or non-professional purposes,
Products: Subject to shopping; movable goods, immovable goods for residential or vacation purposes, and all kinds of software, audio, video and similar intangible goods prepared for use in electronic media,
Service: The subject matter of any consumer transaction other than the provision of goods made or promised to be made in exchange for a fee or benefit,
Distance Contract:
Permanent Data Storage: Contracts established through the use of remote communication tools between the parties up to and including the moment of the establishment of the contract within the framework of a system established for the remote marketing of goods or services without the simultaneous physical presence of the seller and the consumer,
2. SUBJECTS OF THE CONTRACT AND PARTIES
2.1 This Agreement has been concluded in order to determine the rights, laws and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale of products and services made by the BUYER, whose detailed information is provided below, through the website www.overdak.store (hereinafter shall be referred to as the INTERNET SITE) operated by the SELLER and the delivery of the products to the delivery address. In cases where there is no provision in the agreement, the provisions of the legal legislation shall apply.
2.2 The buyer hereby accepts and declares that the she/he has information about the basic qualities of the goods or services subject to sale, the sales price, the form of payment, the delivery conditions and all preliminary information about the goods or services subject to sale and the right of withdrawal, that this preliminary information has been confirmed electronically and then ordered the goods or services in accordance with the provisions of this agreement. The preliminary information form and invoice on the payment page of the website shall constitute integral parts of this agreement.
2.3 Seller Information
Title / Name: OVERDARK
Adress: Fatih Mah. Derman Sok. No:13 D:3 Sancaktepe / ISTANBUL
Telephone Number: +90 533 139 56 83
2.4 Buyer Information
Surname, Name / Title:
Adress:
Teephone Number:
E-mail Adress:
3.PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CONTRACT
Products and Services:
Details of Products and Services:
Number of Products and Services:
Total Tax: (KDV):
Product Delivery/Shipping Cost:
Total Amount Including Taxes
4. DELIVERY
4.1 In service sales through the website, delivery is carried out after periods such as preparation of the product instantly, cargo delivery, depending on the nature of the service. In such a case, the invoice shall be sent to the buyer via a permanent data storage device.
4.2 In product sales made through the website, the product shall be delivered to the delivery address specified by the buyer on the website or to the person/organisation at the address directed by the buyer, together with the invoice, within 30 days at the latest. The shipping costs of the delivery shall belong to the buyer. If this obligation is not fulfilled, the buyer shall be authorised to terminate the agreement. In case of termination of the agreement, the seller shall return all collected payments to the buyer within 14 days from the date of receipt of the notice of termination.
4.3 In cases where it is impossible to fulfil the performance of the goods or services subject to the order, the seller shall notify the buyer with a permanent data storage device within three days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within fourteen days at the latest from the date of notification.
4.4 The buyer shall be responsible for checking the product as soon as the product is received and when any problem arising from the cargo is seen in the product, the buyer shall be entitled to refuse to accept the product and keep a report to the cargo company official. Otherwise, the seller shall not be held responsible.
5.
PAYMENT METHOD
5.1 The Buyer may shop in instalments by credit card through the website with its own contracted Bank. Shopping in this case is the instalment payment opportunity provided directly by the aforementioned institution; sales made within this framework shall not be considered as instalment sales in terms of the parties to this agreement.
6.1 The Buyer hereby acknowledges that the she/he has read the preliminary information regarding the basic qualities, sales price, payment method and delivery of the products and services shown on the website and that she/he has been informed and has given the necessary consent electronically.
6.2 The Seller shall be responsible for the delivery of the product subject to the agreement in a complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
6.3 In the event that the product or service subject to the agreement is contrary to the agreement due to the fact that it does not have the features specified on the website, the buyer shall be entitled to use one of the optional rights to withdraw from the agreement by notifying that the buyer is ready to return the product and/or service sold, to request a maximum 30% discount on the price of the product sold, and, if possible, to request the replacement of the sold product with a defect-free equivalent. In the event that one of the rights of return or replacement of the goods with a defect-free equivalent is chosen, this request shall be fulfilled within a maximum of 30 working days after the request is directed to the seller. In cases where the buyer chooses the right to withdraw from the agreement or to receive a discount from the price in proportion to the defect, all of the price paid or the amount of the discount made from the price shall be refunded to the buyer immediately. Liability for defective goods shall be subject to a two-year limitation period starting from the date of delivery of the goods to the buyer, even if the defect is discovered later. In cases where the buyer is aware or expected to be aware of the defect at the time of the conclusion of the agreement, no breach of the agreement shall be applicable. As stated above, the rights that the buyer may choose to use against defects other than these are available.
6.4 In case the product / service price is not paid by the buyer for any reason or is cancelled in the bank records, the seller shall not be obliged to deliver the product / service.
7. RIGHT OF WITHDRAWAL
7.1 The buyer shall have the right to withdraw from the agreement regarding the sale of goods/products within 8 hours without any justification and without paying any penal clause. The right of withdrawal shall not be exercisable in sales related to services performed instantly in electronic environment or intangible goods delivered to the buyer instantly.
7.2 The buyer’s right of withdrawal shall commence on the day of the conclusion of the agreement in agreements concerning the purchase of services.
7.3 In determining the right of withdrawal period, for products that are the subject of a single order and delivered separately, the day on which the buyer or the third party determined by the buyer receives the last product, for products consisting of more than one item, the day on which the buyer or the third party determined by the buyer receives the last item, in agreements where regular delivery of the product is made for a certain period of time, the day on which the buyer or the third party determined by the buyer receives the first item shall be taken as basis.
7.4 The notification of the exercise of the right of withdrawal shall be directed to the seller with a permanent data storage device before the expiry of the right of withdrawal period. You can exercise your right of withdrawal via our website www.overdark.store, via telephone number +90 533 139 56 83 via message or via e-mail info@overdark.store
7.5 The Seller shall refund all payments collected, including shipping costs for the delivery of the goods to the buyer, if any, within 14 days from the date of receipt of the notification that the buyer has exercised the right of withdrawal. The Seller shall make all such refunds at once in accordance with the payment instrument used by the buyer when purchasing and without any cost or liability to the buyer.
7.6 The buyer shall be obliged to send the goods back to the seller within 10 days from the date of the notification of the exercise of the right of withdrawal to the seller.
7.7 The buyer shall not be entitled to exercise the right of withdrawal in the following types of agreements:
a) Agreements for goods or services the price of which changes due to fluctuations in financial markets and which are not under the control of the seller.
b) Agreements for goods prepared in line with the buyer's wishes or personal needs.
c) Agreements for the delivery of perishable goods or goods that may expire.
ç) Agreements for the delivery of goods the protective elements of which have been opened after delivery such as packaging, tape, seal, package; agreements for the delivery of goods the return of which is not suitable in terms of health and hygiene.
d) Agreements relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Agreements regarding books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Agreements for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Agreements relating to accommodation, transport of goods, car hire, food and beverage supply and leisure time utilisation for entertainment or recreation purposes, which must be made on a specific date or period.
ğ) Agreements relating to services performed instantly in electronic environment or contracts relating to intangible goods delivered instantly to the buyer.
h) Agreements regarding the services started to be performed with the approval of the buyer before the expiry of the right of withdrawal period.
8. FORCE MAJEURE EVENTS
8.1 Situations that do not exist or cannot be foreseen on the date of entry into force of the agreement, that occur beyond the control of the parties, that make it impossible for one or both of the parties to fulfil their obligations and responsibilities assumed by the agreement partially or completely or to fulfil them on time, shall be recognised as force majeure (natural disasters, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party who is subject to force majeure shall notify the other party as soon as possible.
8.2 During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfil their obligations. In the event that force majeure continues for 30 days, each party shall be entitled to unilaterally terminate the agreement.
9. EVIDENCE AGGREMENT
9.1 Records of the seller (including records in magnetic media such as computer, audio records) shall constitute conclusive evidence in the resolution of any dispute that may arise from this agreement.
10. COMPETENT COURT IN CASE OF DISPUT
10.1 Consumer Arbitration Committees are authorized up to the value announced by the Ministry of Customs and Trade, and Consumer Courts and Enforcement Directorates in the settlement of the seller are authorized in cases exceeding this value.
11. STATEMENT OF ACCEPTANCE
11.1 The Buyer hereby accepts and declares that she/he has read all the conditions and disclosures written in the Preliminary Information Form on the Website and forming an integral part of this Agreement and this Agreement, that she/he has prior knowledge of the basic features, qualifications, sales price, payment method, delivery conditions, seller and all other issues related to the products/services subject to sale, that she/he has seen, read and accepted the content of all of them electronically on the website, and that she/he has accepted the provisions of this Agreement by ordering the products/services by giving her/his approval and acceptance permission to all of them electronically.
12.ENFORCEMENT
12.1 This Agreement has been read by the parties, approved electronically by the buyer and concluded and entered into force by making payment in the form of a positive actual act.