ARTICLE 1- PARTIES
Title: 248 Fashion House
Address: Kılıçali Paşa Mah. Susam Sok. No:7 Tutku Apt. Kat:Z D:1 Cihangir/Beyoğlu/İstanbul
Telephone : +90 212 705 12 12
Fax: 0212 225 17 09
Web Site: https://248fashionhouse.com.tr
Name - Surname/Title:
ARTICLE 2- SUBJECT
The subject of this contract is to ascertain the rights and obligations of the parties in view of the provisions of the Law No.6502 on the Protection of the Consumers ("Law"), and those of the Regulation on the Distant Sales Contracts ("Regulation") with regard to the sales and delivery of the product, features and sales price of which are given above, which has been ordered by the BUYER from the SELLER's web site, namely https://248fashionhouse.com.tr ("Web Site") via electronic environment.
ARTICLE 3- THE SUBJECT PRODUCT OF THE CONTRACT:
VAT-included total price of the subject product(s) of this contract amounts to the same figure indicated at the web site. Sort, Amount, Brand/Model, Size, Color, Quantity, and Sales Price of the Good/Product or Service are the same of those indicated under the "Product Details" section on the web site, namely https://248fashionhouse.com.tr.
No extra cost is charged to the consumers in relation with the fee tariff, that may arise from the utilization of the web site you use for placing orders.
Manner of Delivery: Yurtiçi Kargo
Delivery Date: Shipment shall be started in 5 (five) business days as from the creation of the respective order. This period may be extended up to no more than 30 days as from the placement date of the respective order in accordance with the Consumer Legislation, in case any problem occurs in the shipments.
Cargo Fee: Subject product(s) of the contract are delivered either to the BUYER, or to the real person/legal entity domiciled at the address designated by the BUYER within the period described in the preliminary information section in the web site, provided that the said period is not to exceed 30 days, depending on to the distance from the BUYER's place of residence. The contracted cargo company of the SELLER as of the date of approval of this Contract is Yurtiçi Kargo.
ARTICLE 4 – GENERAL PROVISIONS
4.1- BUYER declares that it has read and acquired knowledge about preliminary information regarding the basic features, sales price and manner of payment thereof, and the delivery of the subject product(s) of the contract, given in the web site, namely https://248fashionhouse.com.tr, and that it has electronically given the required confirmation.
4.2- Subject product(s) of the contract are delivered either to the BUYER, or to the real person/legal entity domiciled at the address designated by it within the period described in the preliminary information section in the web site, provided that the said period is not to exceed the legal period of 3 days, depending on to the distance from the BUYER's place of residence.
4.3- In case the subject product(s) of this Contract will be delivered to a person/corporation other than BUYER, SELLER will not be held responsible from the said person/corporation’s rejection of the respective delivery. The cargo has to be delivered to the named designated person. Recipient is entitled to designate a second name. Provision of the name-surname and phone no. details is obligatory.
4.4- SELLER may by no means be held responsible from the failure in the delivery of the ordered product to the BUYER, in case any problem is to be incurred by the cargo company at the stage of delivery of the product to the BUYER.
4.5- SELLER is responsible for the delivery of the subject product of this Contract in intact and complete condition, in compliance with the features indicated in the order, and with the guarantee certificates and user guides, if this is an obligatory condition of the respective legislation.
4.6- In case the SELLER shall fail in fulfilling its obligations stipulated hereunder due to the fact that it becomes impossible to provide the subject good/service of the respective order, it is to notify such situation to the consumer either in writing, or via the permanent data provider in no later than 3 (three) days upon becoming aware of such situation, and to reimburse all the sums it has respectively collected, including the delivery expenses, if any, in no later than 14 (fourteen) days. BUYER may be supplied with another product of similar quality and price, if possible.
4.7- For the fulfillment of the product delivery, it is a must that, during its creation of the order for the delivery of the subject product of the contract, BUYER should have virtually accepted this contract via internet at the web site, namely www.defacto.com.tr, of this contract, it should be consigned by the SELLER to the BUYER via e-mail, and that the BUYER is to pay the price by the manner of payment it has preferred.
In case either the price of the product is not to be paid, or such payment is to be cancelled at the bank's records due to any reason whatsoever, SELLER shall then be deemed as having been released from its obligation to deliver the product.
4.8- In the event that the cost of a product is not paid to SELLER by the respective bank or financial institution after the delivery of the product not due to BUYER’s default, but due to the illegal or unfair use of BUYER’s credit card by unauthorized people, either the product itself, or the price thereof should be returned to the SELLER in no later than 3 (three) days, provided that the product in question has been delivered to the BUYER itself. Under such a circumstance, respective transport expenses are to be under the BUYER's liability.
4.9- If SELLER fails to deliver the subject product of the contract due to force majeure or any extraordinary conditions, including adverse weather, interruption of transport that will hinder delivery, SELLER shall be obliged to notify BUYER of this situation. In that case, the BUYER shall be entitled to exercise his/her right of to cancel delivery, replacement of the subject product of this contract with an equivalent thereof, if any, and/or to prolong the term of delivery until the elimination of the hindering condition.
In case the BUYER is to cancel the respective order, the total sum respectively paid by the BUYER shall be repaid in full and in cash to the BUYER within 14 (fourteen) days.
4.10 In case the BUYER is to make the respective payment via credit card, the price of the product shall be refunded to the respective bank within 14 days as from cancellation of the order by BUYER. Since the reflection of such amount in the BUYER's account after it is to be refunded to the bank is completely related to the bank’s transaction process, BUYER agrees in advance that, SELLER cannot interfere in that process regarding possible delays, and that it acknowledges and accepts the fact that, the SELER may by no means be held responsible from the time to take for the bank to reflect to the BUYER’s account the amount refunded by SELLER to the BUYER’s credit card.
In case whether the BUYER exercies its right to withdraw, or the subject product of the contract may not be supplied due to any reason whatsoever, or it has been resolved by the Board of Arbitrators for the refunding of the respective price to the Consumer concerned, if the transaction in question has been made via credit card and in installments, the procedure of refunding to the credit card is shown as follows;
The bank is entitled to refund to the BUYER by installment, and in the number of installments under which the BUYER has purchased the respective product. After the SELLER has deposited the total price of the product to the bank at once, if the expenditures made in installments via the bank's pos machines are to be refunded to the BUYER's credit card, the bank is entitled to transfer the refunded sums to the holder party's accounts similarly in installments, in order to avoid the victimization of the parties to the respective transaction.
Provided that the date of return and the cut-off date of the card do not coincide, the sums of installments having been paid by the BUYER until the cancellation of the respective sale shall be reflected to the card by 1 refund per month, and the BUYER shall continue to receive the sums of installments it has paid after the finalization of the instalments of the respective sale by the remaining number of installments it has piad before return, and thereby deduce these sums from its actual debts. In case of a return of the good/service purchased via credi card, SELLER is not entitled to make payment to the Customer in cash in accordance with the respective contract it has entered into with the bank. Refund to the credit card may be performed by the bank according to the foregoing procedure, after the SELLER has paid the respective sum at once to the bank.
In case 248 Fashion House is to detect that, the member has been abusing the campaigns, sales system, or the web site of 248 Fashion House by ways of causing damage to 248 Fashion House by making use of any (technical, etc.) gap in the campaigns, sales system, or the web site of 248 Fashion House, gaining unfair benefit thereby, performing such acts repeatedly, performing unrealistic acts, benefitting from the campaigns or sales conditions, although it failed to fulfill the respective requirements thereof, 248 Fashion House shall, in addition to all the legal remedies it is entitled to exercise, become entitled to cancel the respective transaction, terminate the membership of the respective user,and to terminate the respective sales contract unilaterally.
4.11 BUYER approves all sorts of electronic commercial messages it is to be transmitted by the SELLER. In this respect, BUYER hereby acknowledges and declares that, the SELLER is entitled to transmit all sorts of electronic messages/sms/fax, etc. for information, marketing, and/or advertisement purposes via automatic calling systems such as automatically-operated fax, e-mail, sms, and any other means of communication as well, without seeking for any preliminary permission from the BUYER. While the BUYER is entitled to quit receiving the electronical messages within the scope of these usage conditions anytime without putting forth any reason, it shall be enough for the BUYER to transmit its respective request to the SELLER by making use of the communication details included in the respective calls or messages. While the SELLER is obliged to cause the transmission of the foregoing withdrawal request to itself by an easy method and free of any charge, SELLER is to do what is necessary in no later than 3 (three) business says as from the date it shall receive the said request.
4.12 By electronically confirming this contract, BUYER concurrently confirms that it has properly and fully acquired the Preliminary Information Form, which is consisted of the address details, basic features of ordered products, the tax-included price of the ordered products, as well as the payment and delivery details, all of which should be provided by Seller to Consumer prior to the execution of the distance sales contract.
BUYER declares that it has read and acquired knowledge about preliminary information regarding the basic features, tax-included sales price and manner of payment thereof, delivery of the subject product of the contract, BUYER's liability for the costs of such delivery, duration of the delivery period, as well as the full trade name, open address, and contact details of the SELLER, that are given in the web site, namely https://248fashionhouse.com.tr, and that it has electronically given the required confirmation.
4.13 Despite the recipient is not present at its address at the time of delivery, SELLER shall be deemed as having fully and completely performed its duty. That is why not only the damages to arise from the recipient's delayed receipt of its product, but also the expenses to arise from the holding of the product at the cargo company, and/or from the return of the cargo to the SELLER shall also be under the liability of the BUYER.
4.14 In the event that the cost of the product(s) is not paid to SELLER by the respective bank or financial institution after the delivery of the product not due to BUYER’s default, but due to the illegal or unfair use of BUYER’s credit card, bank card, debit card, or of the other payment facilities offered by the Web Site and the Mobile Application by unauthorized people, the BUYER shall then become obliged to return the respective product to the SELLER in no later than 3 (three) days, provided that the product in question has been delivered to the BUYER itself. BUYER hereby acknowledges, and undertakes that, otherwise, all respective legal remedies shall be applied against it.
4.15 SELLER's right to refund the sum having been respectively paid by the BUYER is reserved, in case the product having been purchased by the BUYER is not available at the stocks of the supplier company serving to the SELLER, and that any equivalent of the said product in terms of quality and price is also not available.
4.16 If SELLER fails to deliver the subject product of the contract due to force majeure or any extraordinary conditions, including adverse weather, interruption of transport that will hinder delivery, SELLER shall be obliged to notify BUYER of this situation. In case of cancellation of the respective order by BUYER, the total cost paid by BUYER shall be repaid in full and in cash to the payment facility it has used in the respective purchase within 14 (fourteen) days.
ARTICLE 5- ABOUT THE RIGHTS TO RETURN AND REPLACEMENT
About the rights to return;
-The right to return is applicable
-The period to return a product is for three business days
- The products that are not returned within the said 3 days of time are not accepted
- Cargo fee of the returned products is under the liability of the customer.
About the rights to replacement;
-The right to replacement is applicable
-The period of returning a product for replacement is for a maximum period of two weeks
-If any product is found to be damaged in the replacement process, the customer is notified of additional fee
-The right to replacement may be exercised for no more than twice
-Return is not applicable for a product that has been requested to be replaced for more than once
Cargo fee of the replaced products is under the liability of the customer.
SELLER: 248 Fashion House
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