ARTICLE 1- PARTIES
Seller Title: Tuğba Bahar Köksal (hereinafter referred to as the “Seller”).
Seller Website: www.toobebeauty.com
Seller Address: Sahrayıcedit Mh. Şehit İlhanlar Sk. No: 12 İç Kapı No: 17 Kadıköy, Istanbul, TURKEY
Seller E-mail: info @ toobebeauty.com
Recipient Name-Surname: [invoice-name] (hereinafter referred to as “Recipient”).
Recipient TR: [tc-id-no]
Recipient Address: [invoice-address]
Recipient Phone: [phone]
Recipient E-mail: [email]
ARTICLE 2- SUBJECT OF THE AGREEMENT
This distance sales contract (hereinafter referred to as the “Contract”) is the right and obligation between the buyer and the seller in accordance with the provisions of the Law No. regarding the determination.
ARTICLE 3- FEATURES, PRICE AND PAYMENT METHOD OF THE CONTRACT PRODUCT
3.1- The contractual product and its features are as follows:
[List of products]
3.2- The contract price has been determined by the parties as [total-amount] USD. The receiving party should pay the agreed price within 1 day. Otherwise, the delivery obligation of the seller is eliminated.
It has been decided to pay the contract price with the following payment method:
ARTICLE 4- PLACE OF PERFORMANCE AND DELIVERY METHOD OF THE AGREEMENT
The contract is deemed to enter into force upon its approval by the buyer. The contract is executed with the delivery of the product purchased by the buyer from the seller.
The product subject to the contract will be delivered by cargo to the delivery address specified by the buyer.
ARTICLE 5- DELIVERY COSTS AND PERFORMANCE
The delivery costs of the product subject to the contract belong to the buyer. Delivery is made by the seller within 7 days at the most, with the payment of the contract price to the seller by the buyer. If the buyer has not paid the agreed price within 1 day of signing the contract, the seller’s delivery obligation is eliminated.
The invoice will be delivered to the buyer during the delivery of the products or via e-mail.
ARTICLE 6-LIABILITY FOR DAMAGE
Except for the discrete cases arising from the necessity of the law or the special conditions stipulated in the contract, the benefit and damage of the sold movable belongs to the seller until the transfer of possession. In the case of movable sales, if the buyer defaults in taking over the possession of the sold property, the benefit and damage of the sold property passes to the buyer as if the transfer of possession has occurred. If the seller sends the goods to another place at the place of performance at the request of the buyer, the benefit passes to the buyer when the goods are delivered to the carrier.
ARTICLE 7- GUARANTEE AGAINST FAILURES
The seller is obliged to deliver the contractual product in a sound, complete and in accordance with the qualifications specified in the contract.
The seller party is responsible for the absence of the declared qualities of the product, which is the subject of the contract, which is contrary to its quality or quantity, which eliminates its value in terms of the purpose of use and the benefits expected by the buyer from it, or if there are significant material, legal or economic defects.
The receiving party is obliged to review the movable goods received within a reasonable time. If he sees a defect in the movable goods sold, which requires the responsibility of the seller, he must notify the seller within the appropriate time.
The seller is also liable for any defects that the buyer may see by properly reviewing the sold item, only if it has assumed that such a defect is not found.
The seller is not responsible for defects known to the buyer at the time of the conclusion of the sales contract.
If the seller is at fault in transferring the sold item as defective, no arrangements can be made to remove the seller’s responsibility for the defective item. The seriously defective seller cannot be relieved of the liability, even partially, by claiming that the defect in the movable property subject to the contract was not notified within the prescribed period.
In case of a defect in the purchased product, the buyer may withdraw from the contract by declaring that it is ready to return the product, retain the product and request a discount in the sales price at the rate of defect, if it does not require excessive costs, it may request that the sold product be repaired free of charge at the seller’s expense, or, if possible, a similar product free of defects. may request a replacement.
ARTICLE 8-Force Majeure
Force majeure is defined as a force majeure event that does not exist or is unpredictable at the time of signing the contract, develops beyond the control of the parties, and prevents one or both of the parties from fulfilling their obligations and responsibilities under the contract, partially or completely, or from fulfilling them at the agreed time. In case of force majeure (natural disaster, war, terrorism, uprising, changing legislation provisions, seizure, strike, lockout, significant malfunction in production facilities), the party that cannot fulfill its debt due to force majeure shall immediately notify the other party of the situation.
ARTICLE 9-RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from this contract within 14 days without having to show any reason and without paying any penalty. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller within this period.
The buyer may use the movable goods received to the extent required by a regular review, otherwise the right of withdrawal cannot be exercised.
Even if the packaging of cosmetic products is not opened, returns cannot be made due to hygiene reasons. Returns cannot be made for products that have been opened / damaged and have lost their re-saleability feature. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal for special productions, which are started with the approval of the consumer, in accordance with the Regulation.
If the right of withdrawal is exercised, the shipping cost is borne by the seller.
ARTICLE 10-RESOLUTION OF DISPUTES
For the resolution of disputes arising from this contract, Provincial and District Consumer Arbitration Committees are authorized up to the value announced by the Ministry of Customs and Trade, and Consumer Courts are authorized in cases exceeding these limits. The Consumer Arbitration Committee and the Consumer Courts are authorized in the place where the buyer purchased the product and service and where he or she resides.
CONTRACT SIGNING DATE: [date]
SELLER Tuğba Bahar Köksal