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Distance Sales Agreement

ARTICLE 1 - PARTIES

1.1 SELLER

Title: Trend Büyük Mağazacılık San. ve Tic. AS.

Address : Maltepe Mahallesi Davutpaşa Caddesi NO: 129 Zeytinburnu İSTANBUL

Telephone: +90 (212) 637 41 57 – +90 (212) 637 41 58

E-Mail : info@shopgaia.co

1.2 BUYER (CONSUMER)

Name - Surname : xxxx

Address : xxxx

Phone : xxxx

E-Mail : xxxx

ARTICLE 2 - PRODUCT, PRICE, PAYMENT AND DELIVERY

The subject of this Agreement is regarding the sale and delivery of the following products and/or services (“Product/Products”) that the Buyer has ordered electronically from the Seller's website https://shopgaia.co/ ("Website"). It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the relevant Regulation on Distance Contracts. Types, Quantity, Brand/Model, Color and Sales Price and Delivery Information of the Products are as follows.

  • Payment Information
  • Total Payment 
  • Delivery Information
  • Billing Information

ARTICLE 3 - RIGHT OF WITHDRAWAL AND USAGE INFORMATION

3.1. The Buyer has the right to withdraw from the contract by refusing/returning the goods within 14 (fourteen) days from the date of receipt of the goods or the delivery of the goods to the third person/organization at the address indicated, without undertaking any legal or criminal liability and without giving any reason.

3.2. In order for the right of withdrawal to be exercised, the Seller must be notified within this period must be reported in writing to the Seller's address Maltepe Mahallesi Davutpaşa Caddesi NO: 129 Zeytinburnu / Istanbul or via an e-mail sent to the info@shopgaia.co e-mail address with a permanent data.

3.3. When the buyer uses his right of withdrawal;

  • Invoice of the product delivered to the Buyer or the person designated by the Buyer as the person to be delivered, (***)
  • It is required to deliver the products to be returned complete and undamaged, together with its box, packaging and standard accessories to the Seller.

In case of withdrawal, the relevant Product must be returned within a maximum of ten (10) days. It is possible to send it to us free of charge from our contracted cargo company Yurtiçi Kargo (which has delivered the Product to the Consumer or another nearby Yurtiçi Kargo branch). (***) In case the Buyer is a merchant natural or legal person and/or the invoice for the product subject to the contract is issued on behalf of the merchant Buyer, in case the Buyer wishes to return the product, excluding the Consumer rights, the return invoice to be issued when returning the product must be sent with.
(In case the Buyer is a merchant natural or legal person and/or the invoice for the product subject to the Contract is issued on behalf of the merchant Buyer, the Buyer cannot benefit from the provisions and consumer rights to grant special rights and opportunities to the consumers regulated in this Contract and the law.)

3.4. In the event that the value of the goods returned by the Buyer within the scope of the right of withdrawal decreases due to the Buyer's defect, or the said good is destroyed due to the Buyer's fault (for example, the consumer is required by law due to changes and deteriorations that occur because the product is not used in accordance with its operation, technical specifications and usage instructions). and therefore may lose the right of withdrawal regarding the product.) The Buyer must compensate the Seller for the value or decrease in the value of the goods.

3.5. In the event that the Buyer exercises his/her right of withdrawal, the Seller shall immediately attempt to return the product price to the Buyer's bank account or credit card account within 14 (fourteen) days from the date on which the withdrawal notification is received.

3.6. The shipping cost of the products sent to the Seller without a notice of withdrawal shall be borne by the Buyer.
In this case, the buyer knows and accepts that she/he will pay the said shipping fee. In the products for which the right of withdrawal can be exercised, if there is a decrease in value caused by the changes and deteriorations that occur due to the use of the product other than the ordinary use or the consumer's defect in general, the Consumer will reduce this decrease in the value, if there is an impossibility of return, the value price of the goods (the above sales) to the Seller. Consumers can forward their requests and complaints to the above Seller's address, telephone, fax and e-mail addresses. If it is not possible to find a solution in this way, the Consumers who wish can submit their applications regarding their complaints and objections to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the Consumers purchased the goods/services or where they reside within the monetary limits determined by the Türkiye Cumhuriyeti Ticaret Bakanlığı (Ministry of Customs and Trade) in December every year. 

3.7. From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; The Buyer cannot use the right of withdrawal in the contracts regarding the delivery of items (underwear, swimwear, etc.) whose return is not suitable in terms of health and hygiene. 

ARTICLE 4 - GENERAL PROVISIONS

4.1. The Buyer accepts that she/he has received, read and informed about the basic characteristics of the products displayed on the Website, the sales price including all taxes and the payment method, the right of delivery and withdrawal, and the terms of use, and gives the necessary confirmation-approvals for the sale in the electronic environment.

4.2. Buyer shall pay in cash or in installments via credit or debit card; The products will be delivered to the Delivery Address by cargo within 30 (thirty) days at the latest from the day the order is sent to the Seller.

4.3. Even if the Buyer is not at the address at the time of delivery, the Seller will be deemed to have fulfilled its performance fully and completely. For this reason, the Buyer shall bear all kinds of damages arising from the late receipt of the product by the Buyer and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the Seller.

4.4. The shipping fee, which is the product delivery cost, will be paid by the Seller.

4.5. The Seller cannot be held responsible if the products cannot be delivered within the specified time and/or as promised due to the consumer's fault or negligence.

4.6. The parties agree that if it is understood that the contractual goods cannot be supplied for a just reason and the Buyer receives their consent by informing them clearly and in a comprehensible manner, another good of equal quality and price can be supplied to the Buyer.

4.7. If the supply of the product subject to the order becomes impossible, the Seller notifies the Buyer in writing within 3 (three) days or with a permanent data store, and returns the total price to the Buyer within 14 (fourteen) days. The fact that the goods are not in stock cannot be accepted as the impossibility of fulfilling the goods.

4.8. If the relevant bank or financial institution does not pay the product price to the Seller after the delivery of the product due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, the Buyer shall pay the shipping cost to the Buyer within 3 (three) business days, provided that the Buyer has delivered the product to him. must be returned to the Seller.

4.9. If, for any reason, the product price is not paid or the bank payment is canceled after the Order Preliminary Information Form is approved and this Distance Sales Agreement is concluded, the Seller refrains from delivering the product until the Buyer pays the product price and informs the Seller.

4.10. If the Seller cannot deliver the product subject to the contract in due time due to force majeure, weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, Seller shall notify the Buyer of this situation. In this case, the Buyer may use one of the rights to (i) cancel the order, (ii) replace the product subject to the contract with its precedent, or (iii) postpone the delivery time until the force majeure/obstructive situation disappears. In case the Buyer cancels the order, the total amount paid is paid to him in cash and in full within 14 (fourteen) days. In the payments made by the Buyer by credit card, the amount of the product is returned to the relevant bank within 3 (three) business days after the order is canceled by the Buyer. Since the reflection of this amount to the Buyer accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Buyer assumes that it will not be possible for the Seller to intervene in any way for possible delays and the Seller is responsible for the time it will take for the amount returned to the credit card by the Seller to be reflected to the Buyer's account by the bank. He knows and accepts that it is not.

4.11. The Buyer may notify the Seller of his/her requests and complaints regarding the product and sale through the Seller communication channels in the preamble of the Contract.

4.12. This Agreement, which has been approved by the Buyer following the receipt and confirmation of the preliminary information, is in effect until the parties fulfill their payment/delivery obligations arising from the Agreement, without prejudice to the relevant provisions.

ARTICLE 5 - EVIDENCE AGREEMENT AND AUTHORIZED COURT

Seller and Buyer records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. Consumer Arbitration Committees are authorized within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkiye in December every year, and in cases exceeding the Consumer Courts and Enforcement Offices in the settlement of the Buyer and the Seller.

The Buyer declares that she/he has read all the conditions and explanations written in this Agreement and in the Order Preliminary Information Form, which is an integral part of it, and that he/she has read the basic characteristics, sales price, payment method, delivery conditions, etc. of the Product/Products subject to sale. He/she has prior knowledge of all preliminary information and the right of withdrawal, that he/she has seen the preliminary information electronically on the Internet Site and that (the relevant Contract is also sent to the e-mail address given by the Buyer.) declares that it accepts the terms of the order and this Agreement.