DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1. SELLER
Company Name: ÖZKAN MODA TASARIM SAN. ve TİC. LTD. ŞTİ.
Brand: NILUFARR
Address: İkitelli OSB Mah. Heskoop H Blok Sk. Heskoop H Blok No:18, Başakşehir, Istanbul, Türkiye
Telephone: +90 530 833 30 00
E-mail: [email protected]
Tax Office: İkitelli
Tax Registration Number: 6980464352
Hereinafter referred to as the "SELLER."
1.2. CUSTOMER
The Customer's name, surname (or company name), address, telephone number, e-mail address and all other information provided during the order process shall be accepted as declared by the CUSTOMER in the order form.
Hereinafter referred to as the "CUSTOMER."
ARTICLE 2 – SUBJECT
The subject of this Distance Sales Agreement is to determine the rights and obligations of the SELLER and the CUSTOMER regarding the sale, delivery and right of withdrawal relating to the product(s) ordered electronically by the CUSTOMER through www.nilufarr.com, in accordance with Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other applicable legislation of the Republic of Türkiye.
ARTICLE 3 – PRODUCTS SUBJECT TO THE AGREEMENT
Product / Payment / Delivery Information
The type, quantity, brand/model, sale price, payment method, recipient, delivery address and invoice details relating to the product(s) ordered electronically are set out below.
The CUSTOMER is responsible for ensuring that all information provided is accurate and complete. The CUSTOMER shall be liable for any delay, delivery problem or additional costs arising from incorrect or incomplete information provided during the ordering process.
The SELLER reserves the right to verify the accuracy of the information provided by the CUSTOMER whenever deemed necessary. If any issue is identified regarding the order, the SELLER may contact the CUSTOMER to request additional information or verification. If the requested verification cannot be completed, the SELLER reserves the right to suspend or cancel the order.
Ordered Product(s)
Product Name / Product Code :
Total Purchase Price :
Payment Method :
Recipient :
Telephone Number :
Delivery Address :
Invoice Name / Company :
Invoice Address :
Tax Office / Tax Registration Number :
ARTICLE 4 – AGREEMENT DATE AND FORCE MAJEURE
The date of this Agreement shall be the date on which the CUSTOMER places the order.
Events beyond the reasonable control of the parties, which could not have been foreseen and which partially or completely prevent the parties from fulfilling their contractual obligations, including but not limited to natural disasters, war, terrorism, riots, epidemics or pandemics, strikes, lockouts, governmental actions, changes in applicable legislation, and significant disruptions to transportation, communication or infrastructure services, shall be considered Force Majeure events.
In the event of a Force Majeure event, the affected party shall notify the other party within a reasonable period of time.
Neither party shall be held liable for any failure or delay in performing its obligations for the duration of the Force Majeure event. If the Force Majeure event continues for more than thirty (30) days, either party shall have the right to terminate this Agreement unilaterally.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The SELLER agrees and undertakes to fulfill its obligations under this Agreement, except in cases of Force Majeure, in accordance with Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other applicable legislation.
5.2. By placing an order through www.nilufarr.com, the CUSTOMER confirms that he/she is at least eighteen (18) years of age or has obtained the consent of his/her legal representative.
5.3. In the event that obvious pricing errors, product description errors or promotional inaccuracies occur due to system errors, technical failures, software malfunctions or unauthorized interference with the Website, the SELLER reserves the right to cancel the order or make the necessary corrections.
5.4. Payments may be made by credit card, debit card, bank transfer or any other payment method offered on www.nilufarr.com. For orders placed by bank transfer, the payment must be received in the SELLER's bank account within seven (7) days; otherwise, the order shall be cancelled. Orders shall be processed only after successful receipt of payment.
5.5. The SELLER reserves the right to request additional information or verification and to suspend or cancel any order that is suspected of fraud, poses a security risk or otherwise requires verification.
ARTICLE 6 – RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The CUSTOMER acknowledges that he/she has read and accepted the provisions of this Agreement and agrees to fulfill the payment obligation relating to the order in the manner specified herein.
6.2. The CUSTOMER acknowledges that he/she has read, understood and electronically accepted the information provided on www.nilufarr.com, including the SELLER's company information, contact details, the essential characteristics of the products, sale price, payment method, delivery conditions, right of withdrawal and other pre-contractual information.
6.3. The CUSTOMER declares that he/she has read and accepted the information available on the Website regarding the ordering, payment, delivery, use, care and return procedures.
6.4. The CUSTOMER agrees to return any product intended for return together with all accessories (if any) and its original box, in accordance with the applicable legislation.
ARTICLE 7 – ORDER AND PAYMENT PROCEDURE
Order: After the CUSTOMER confirms the total amount of the order, including applicable taxes (or the total installment amount for installment payments), the selected payment method shall be processed. The order shall be processed after successful receipt of payment, and an order confirmation notification shall be sent to the CUSTOMER before shipment.
If any issue arises during the payment process or a payment-related problem is identified, the CUSTOMER may be contacted via the telephone number and/or e-mail address provided during the ordering process. Where necessary, the CUSTOMER may be requested to contact his/her bank.
In exceptional circumstances, if the ordered product cannot be supplied or is out of stock for a justified reason, the CUSTOMER shall be informed without undue delay. Subject to the CUSTOMER's approval, the SELLER may provide a product of equivalent quality and price, wait until the product becomes available again, or cancel the order and refund the amount paid within the period prescribed by the applicable legislation.
Payment: Payments may be made by credit card, debit card, bank transfer or any other payment method offered on www.nilufarr.com. For payments made by bank transfer, the payment shall be deemed completed when the funds are received in the SELLER's bank account. The CUSTOMER is advised to include the order number in the payment description.
If the payment for the product is not received by the SELLER because the CUSTOMER's credit card has been used unlawfully by an unauthorized third party without the CUSTOMER's fault, the CUSTOMER shall return the delivered product to the SELLER within ten (10) days following receipt of the notification. In such cases, the return shipping costs shall be borne by the CUSTOMER.
The CUSTOMER acknowledges that interest, installment terms and default provisions applicable to credit card payments are governed by the agreement concluded between the CUSTOMER and the card-issuing bank.
ARTICLE 8 – SHIPMENT AND DELIVERY PROCEDURE
Shipment: Following confirmation of the order and successful receipt of payment, the product(s) shall be delivered to the SELLER's contracted carrier for shipment.
Delivery: The product(s) shall be delivered by the SELLER's contracted carrier to the delivery address provided by the CUSTOMER during the ordering process. Unless otherwise required by applicable legislation, delivery shall be completed within thirty (30) days from the conclusion of this Agreement.
Where the carrier does not provide door-to-door delivery in a particular region, the shipment may be delivered upon prior telephone notification.
The SELLER shall not be liable for delivery delays arising from incorrect or incomplete delivery information, the CUSTOMER's absence at the delivery address, refusal to accept delivery, Force Majeure events, or delays attributable to the carrier. Any additional shipping, storage or return costs arising from such circumstances shall be borne by the CUSTOMER.
Where delivery is requested to a person or organization other than the CUSTOMER, the SELLER shall not be liable if such person or organization refuses to accept the delivery.
If the product is not delivered within the specified period, the CUSTOMER may notify the SELLER without delay by e-mail at [email protected] or through the other communication channels provided by the SELLER.
Damaged Packages: If the package appears to be damaged upon delivery, the CUSTOMER should request the carrier to prepare a damage report before accepting the shipment. If the carrier's representative claims that the package is not damaged, the CUSTOMER has the right to request that the package be opened and the contents inspected before acceptance, and that the condition of the goods be recorded in an official report. Once the package has been accepted, the carrier shall be deemed to have fulfilled its delivery obligations properly. Where a damage report has been prepared, a copy of the report should be submitted to the SELLER as soon as reasonably practicable.
ARTICLE 9 – RETURN OF PRODUCTS AND RIGHT OF WITHDRAWAL
9.1. Products purchased under "Buy One, Get One Free" or similar promotional campaigns are sold as a promotional set. Accordingly, the right of withdrawal may only be exercised for the entire promotional set.
9.2. The CUSTOMER has the right to withdraw from this Agreement within fourteen (14) days from the date of delivery of the product, without providing any reason and without incurring any penalty.
9.3. In the event that the right of withdrawal is exercised, the return shipping costs shall be borne by the CUSTOMER. Where the return is made using the SELLER's contracted carrier (where available), the return shipping charges applicable on the date of the original order shall apply. If the CUSTOMER chooses another carrier, all transportation costs, customs duties, taxes, fees and any other charges shall be borne entirely by the CUSTOMER. The SELLER shall not be liable for any loss or damage occurring during such return shipment. For international orders, the CUSTOMER is solely responsible for ensuring that the returned product is delivered completely and in a deliverable condition to the SELLER's designated return address.
9.4. The right of withdrawal shall not apply to products manufactured or customized in accordance with the CUSTOMER's specific requests or personal requirements, or in other cases excluded by the applicable legislation.
9.5. Where the right of withdrawal has been exercised in accordance with the applicable legislation, the SELLER shall refund the purchase price, after deducting any amounts legally deductible, within the period prescribed by the applicable legislation following receipt of the returned product.
9.6. A reduction in the value of the product or the impossibility of returning it shall not, in itself, prevent the exercise of the right of withdrawal. However, where such reduction in value or impossibility of return results from the CUSTOMER's fault, the SELLER reserves the right to claim compensation for the loss in value in accordance with the applicable legislation.
9.7. The SELLER may refuse the return of products that have been used, damaged, rendered unsuitable for resale, or returned without their original box, packaging or accessories, where applicable.
9.8. The CUSTOMER is advised to contact the SELLER's customer service before returning a product. Where the returned product complies with the conditions set out in this Agreement, the refund shall be made using the same payment method used for the original purchase. The time required for the refund to appear in the CUSTOMER's account depends on the relevant bank or payment service provider.
9.9. For purchases made by credit card in installments, refunds shall be processed in accordance with the procedures of the relevant bank or payment service provider. The SELLER shall not be liable for any delays arising from such procedures.
ARTICLE 10 – WARRANTY
Products used in accordance with their instructions for use are covered by a warranty against manufacturing defects for a period of one (1) year from the date of delivery. Damage resulting from improper use, normal wear and tear, or external factors is not covered by this warranty.
The SELLER's warranty obligations apply to consumers in accordance with Law No. 6502 on the Protection of Consumers and the applicable legislation. Commercial sales shall be governed by the provisions of the Turkish Commercial Code.
ARTICLE 11 – PRIVACY
The personal information and payment-related information provided by the CUSTOMER under this Agreement shall be protected in accordance with the applicable legislation and shall not be disclosed to third parties except where required by law.
The SELLER may disclose such information to the competent administrative or judicial authorities where required by law or upon a lawful request from such authorities.
The SELLER does not store credit card information. Payment information is securely transmitted to the relevant payment service provider solely for the purpose of processing the payment.
The CUSTOMER's e-mail address, postal address and telephone number may be used for order processing, delivery, returns, customer support and other service-related communications. Promotional messages, discount offers and new product announcements shall only be sent where the CUSTOMER has given explicit consent.
ARTICLE 12 – CUSTOMS DUTIES AND IMPORT TAXES
For international orders, all import duties, customs clearance charges, customs brokerage fees, import VAT, taxes, governmental charges and any other costs arising under the customs regulations of the destination country shall be borne solely by the CUSTOMER. Such charges are not included in the product price or shipping charges.
If the CUSTOMER fails to fulfill the applicable customs requirements, refuses to accept the shipment, or otherwise causes the shipment to be returned, all outbound shipping costs, return shipping costs, customs duties, customs clearance charges, storage fees, warehousing charges and any other related expenses shall be deducted from any refund due to the CUSTOMER.
If, at any time after delivery, the carrier, customs authorities or any other competent authority requests the SELLER to pay any import duties, taxes, customs charges or any similar fees relating to the shipment, the CUSTOMER shall remain fully responsible for all such amounts. Should the SELLER make any such payment, the SELLER expressly reserves the right to recover the full amount from the CUSTOMER.
ARTICLE 13 – GOVERNING LAW AND COMPETENT AUTHORITIES
This Agreement shall be governed by the laws of the Republic of Türkiye, including Law No. 6502 on the Protection of Consumers and the applicable legislation.
For disputes arising out of or in connection with this Agreement, the legally competent Consumer Arbitration Committees and Consumer Courts of the Republic of Türkiye shall have jurisdiction, where applicable.
By confirming the order, the CUSTOMER acknowledges that he/she has read, understood and accepted the Pre-Contract Information Form and all the terms and conditions of this Distance Sales Agreement.