ECCO DISTANCE SALES CONTRACT
ECCO DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
1.1. Seller:
Title: ECCO AYAKKABI TİCARET LİMİTED ŞİRKETİ
(Central Reg. Sy. No : 0323051226300018)
Address: Esentepe Mah. Büyükdere Cad. Bahar Sok. No:13
River Plaza Kat:5 Bağımsız Bölüm No:10
Şişli / Istanbul
Phone: + 90 (850) 800 3226
Fax:
E-mail: tr-contact@ecco.com
Bank Account Bank: Garanti
Branch: GÜLTEPE
Account Owner: ECCO Ayakkabi Tic.Ltd.Sti.
IBAN : 73 - 6293048
TR34 0006 2001 6750 0006 2930 48
1.2. Buyer:
Name, Surname/Title: [CustomerName]
Address: [DeliveryAddress]
Phone:[Gsm]
E-mail: [CustomerEmailAddress]
ARTICLE 2 - SUBJECT
The subject of this Distance Sales Contract (shall be referred to as the “Contract” hereinafter) comprises of the rights and obligations of the parties in regards to the sale and delivery of the product/products (shall be referred to as the “Product” hereinafter) that are indicated in this contract and are ordered via electronic media on the web site “http://tr.ecco.com/” (shall be referred to as the “website” hereinafter) of the SELLER including the orders submitted via applications on a mobile device by the BUYER.
ARTICLE 3 - PRODUCT INFORMATION
The basic properties of the Product are explained on the website on product page/pages No [ProductCode] and the subject matter information shall constitute an integral part of this contract.
Product | Unit Amount | Quantity | TAX | Sales Amount | |
[ProductRows] |
ARTICLE 4 - PAYMENT
4.1. The BUYER hereby accepts and declares the obligation to pay the total amount indicated in article 3 upon submitting the order. The BUYER accepts and undertakes to make the payment by one of the following methods that he will check as his preferred method of payment on the website: Credit Card (Visa, MasterCard, etc.), Bank Card or bank remmittance/EFT. A payment method other than those indicated above shall not be applicable.
4.2. If the Bank Remittance/EFT option is checked and the remittance/EFT for orders does not clear within 2 (two) business days of the order date, the order will be cancelled. Regarding the processing of orders, the time of the collection of the payment from the relevant means of payment shall be taken as the basis rather than the time the order is submitted.
4.3. Following the realization of the payment, the SELLER, in line with the representations of the BUYER, shall draw up the invoice based on the following invoice information and relay it to the BUYER together with the product.
Name, Surname/Title: [AdSoyad]
Address: [AdresBil]
Phone: [Tel]
E-mail: [Eposta]
ARTICLE 5 - DELIVERY
5.1. The product is delivered to the BUYER or a 3rd party/entity indicated on the website by the BUYER within 30 (thirty) days after the order is received by the SELLER and provided that the cost of the product is paid to the SELLER’s account.
Delivery Information:
Name, Surname/Title: [AdSoyad]
Address: [Adres]
Phone: [Tel]
E-mail: [Eposta]
5.2 The SELLER delivers the Product via a Yurtiçi courier firm that is under agreement with the SELLER. If the courier firm under agreement does not have a branch where the BUYER is located, then the BUYER will be obliged to pick up the product from another branch of the courier firm close to the BUYER, as notified via e-mail, SMS or phone by the SELLER.
5.3 Unless it is otherwise stated explicitly by the SELLER on the website, any and all the delivery charges are borne by the BUYER.
5.4 The BUYER hereby accepts and acknowledges that any delivery made to the delivery address notified by him or any person available at the said address during delivery shall be deemed to have been made to the BUYER.
5.5 If the BUYER or the third person/entity indicated in Article 5.1 by the BUYER is not available at the address provided during delivery and the people available at the address decline to take receipt of the delivery, the SELLER shall be deemed to have performed its obligations in full. The SELLER shall under no condition be responsible for any losses that might be incurred due to the late delivery of the product or any charges that might be incurred due to the product being kept at the courier firm and/or the return of the product to the SELLER.
5.6 If the SELLER fails to deliver the product subject to the contract on time due to commercial impossibilities, unexpected circumstances, events of force majeure, or extraordinary conditions such as the adverse weather conditions preventing transportation, or halt in transportation, then it will be obliged to inform the BUYER of the situation. Under the circumstances, the BUYER may choose to exercise one of the rights stated below: cancellation of the order, replacement of the product subject to the contract with a similar item if available, and/or the postponement of the delivery until the reason preventing it is removed. If the BUYER cancels the order, any payment made towards it shall be refunded to the BUYER within a period of 14 (fourteen) days. The refund is made via the same means of payment used in purchasing the product.
5.7 For the delivery obligation of the SELLER to take effect, the BUYER must approve the “Preliminary Information Form” and this Distance Sales Contract in electronic environment and pay the price of the product as indicated in this contract. If for any reason the BUYER cannot pay the product price or it is cancelled in the bank records, the SELLER shall be entitled to cancel this contract effective immediately as well as to decline to deliver the product.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1. The BUYER, in distance contracts regarding the sale of a product, for a period of 14 (fourteen) days starting from the date of delivery of the product to the BUYER or the person/entity at the address indicated by the BUYER, may exercise the right of withdrawal from the contract without the need to justify this decision or pay a penalty. Any expenses that may arise from the exercise of the right of withdrawal are borne by the SELLER. Although it is sufficient to issue a written notice to exercise the right of withdrawal to the SELLER within the period of 14 (fourteen) days granted to do so, the burden of proof that the said right is exercised rests with the BUYER.
6.2. The BUYER may inform the SELLER when exercising the right of withdrawal by (i) relaying the filled in return form to the following address of the SELLER: İstanbul – Bayrampasa Subesi Kocatepe Mah. Pasa Cad. FF Blok No:118 Forum Istanbul Alisveris Merkezi 34045 Bayrampasa – ISTANBUL or (ii) filling in the return form that could be accessed through the website.
6.3. The right of withdrawal cannot be used for products which are not used in accordance with the instructions for use, produced as per the special requests and demands of the customer or custom made by implementing changes or additions to the products, or whose packaging, seal or wrapping is opened and is also not suitable for returns due to health and hygiene related reasons. Exercising right of withdrawal in regards to any shoes (short or tall boots, etc. are included), handbags, wallets, belts and similar products would be dependant on the packaging of the product remaining intact, the product remaining unused and its resale potential not being jeopardized.
6.4. In the case of exercising the right of withdrawal, the following would be required:
a. The original of the invoice that has been delivered to either the 3rd party or the BUYER (if the invoice has been issued in the name of an entity then it has be sent back together with a return invoice. If the return invoice is not relayed, the returns of the orders with invoices issued in the name of an entity shall not be completed.)
b. The Return Form (delivered to the customer together with the product. It is not necessary to fill in and submit separately in applications made via the website) that
c. is appropriately filled in and signed by the BUYER and the box, packaging and if any, the standard accessories of the product to be returned must be delivered to the address of the SELLER that is provided above together with the product.
6.5. If the original of the product invoice (or for entities a separate return invoice) is not sent with the product to the SELLER, the return shall not be processed and the product will be re-sent to the BUYER with the delivery charges collectible from him/her. The invoice to be returned to the SELLER together with the product shall be marked as the “Return Invoice” by the BUYER before being signed.
6.6. The BUYER is required to return the product to the SELLER within 10 (ten) days of exercising his/her right of withdrawal. If the product is returned by means of UPS courier firm, the BUYER shall not be responsible for the expenses of the return.
6.7. On the other hand the SELLER shall refund the cost of the product through means of initial payment made by the BUYER within 14 (fourteen) days as of receipt of the withdrawal/return notice. The BUYER shall be obliged to indemnify any losses of the SELLER in case the BUYER acts in violation of the Law on the protection of Consumers and related Regulations.
ARTICLE 7 - GENERAL PROVISIONS
7.1. If following the delivery of the product to the BUYER, the related bank or the finance institution fails to pay to the SELLER the price of the goods due to whatsoever reason including the unauthorized or illegal use of the credit card belonging to the BUYER whether such happens due to a fault on the part of the BUYER or not, the BUYER will be required to return the product to the SELLER within 3 (three) days by bearing all associated delivery charges. All other contractual and legal rights of the SELLER including the proceedings for the collection of the cost of the product shall be separately and by all manner of means reserved.
7.2. The BUYER hereby accepts and acknowledges his/her direct and personal responsibility to make the payment for the product in cases where the BUYER makes the payment within the scope of this contract by means of a credit card of a third party, who later refrains from making the said payment.
7.3. The BUYER hereby accepts and undertakes to confirm the relevant interest rates and default charges as well as the information relevant to his case with his bank in consideration of the fact that installment sales are solely contracted on credit cards issued by banks and acknowledges that any provisions regarding interest and default charges shall be subject to the credit card agreement between the BUYER and the respective bank as per the applicable legislation. In installment sales, the provisions of the agreement signed between the BUYER and the bank that is the issuer of the credit card shall be applicable. The credit card payment dates shall be determined as per the agreement between the BUYER and the bank. The BUYER can also observe the number of installments and payments from the statement sent by the bank.
7.4. In a sale transaction, whereby the BUYER is granted a discount code or other advantages and/or made the payment by using such advantages, the right of the SELLER to cancel those advantages or deduct and collect the monetary value of such advantages in refunding the BUYER shall be reserved in case of the exercise of the withdrawal right or the cancellation of the order due to other reasons indicated in this contract.
7.5. The BUYER hereby accepts and undertakes not to hold the SELLER responsible for any possible delays in the refund made by the SELLER being credited to the BUYER’s account, in case of the exercise of the withdrawal right or the cancellation of the order due to other reasons indicated in this contract regarding a purchase paid by a credit card, due to the fact that any transactions regarding the crediting of the account are solely related to the bank.
7.6. The SELLER will be responsible for the delivery of the product subject to this contract intact and complete in the form that is compliant with the properties indicated in the order, together with the warranty documents and user’s guide, if any.
7.7. The BUYER is responsible for checking the product as soon as receiving delivery of it as well as declining to accept it upon discovering any problems arising from the courier delivery and having the person in charge of the courier delivery to draw up a record of the issue. The SELLER shall bear no responsibility if the BUYER fails to have the subject matter record of delivery drawn up.
7.8. If the BUYER defaults in the transactions executed on the credit card, the card owner shall pay an interest subject to the credit card agreement he executed with bank and shall be responsible to the bank. Under the circumstances the related bank could seek legal resolution and claim any associated expenses and attorney fees from the BUYER, however, regardless of the circumstances, in case of the default of the BUYER in paying his debt and consequent late payment to the SELLER, the BUYER hereby accepts to pay any losses and damages incurred by the SELLER.
7.9. The Distance Sales Contract established between the SELLER and BUYER in regards to the product purchased and the preliminary information form accepted by the buyer are relayed to the same together with order confirmation e-mail. Moreover, these documents are maintained for a period of three years in the website records as of the order date and presented to the related entity, establishment and BUYER upon request.
7.10. In the resolution of any dispute that could arise from this contract and/or its application, the records of the SELLER shall be considered final evidence (including records in electronic media); the rights of the parties arising from imperative provisions of the law shall remain valid and in effect.
ARTICLE 8 - COMPLAINTS AND RECOURSE TO LEGAL MEANS
8.1. If the BUYER has any complaints regarding the product, he/she will be required to submit the product subject to the complaint to one of the stores of the SELLER at the tr.ecco.com address as he/she relays his/her complaint in writing. The Store Supervisor shall draft a memorandum regarding the product complaints and have the specialists conduct an investigation into the issue. Unless a decision is reached for the exchange, repair or refund of the product as a result of the inspection conducted, the product subject to the complaint shall under no condition be taken delivery of either by the SELLER or the store employees.
8.2. If a dispute arises due to a consumer complaint, then an application can be made to the Consumer Arbitration Panels or Consumer Courts available at the place of residence of the consumer or the place of the transaction within the monetary limits set by the Ministry of Customs and Commerce or the related Institutions.
ARTICLE 9 - ENFORCEMENT
Upon realization of the payment regarding the order placed through the website, the BUYER is deemed to have accepted all conditions of this Distance Sales Contract.
ARTICLE 10 - EXCEPTION
The provisions of this Distance Sales Contract, which provide legal protection to the BUYER as per the Law No. 6502 on the Protection of Consumers, shall only be valid and applicable when the BUYER is a consumer, however, such provisions shall not be applicable among the parties when the BUYER cannot be considered a consumer within the scope of the Law No. 6502.
THE BUYER HEREBY ACCEPTS AND ACKNOWLEDGES TO HAVE READ THE INFORMATION PROVIDED IN THE PRELIMINARY INFORMATION FORM PRIOR TO THE EXECUTION OF THIS DISTANCE SALES CONTRACT, AND THAT THE ORDER PLACED MEANS A LIABILITY TO MAKE THE CORRESPONDING PAYMENT AND AS SUCH EXTENDS THE REQUIRED CONFIRMATION IN ELECTRONIC ENVIRONMENT.
SELLER: ECCO AYAKKABI TİCARET LİMİTED ŞİRKETİ
BUYER:
Name-Surname : [AdSoyad]
E-mail : [Eposta]
Date : [Date]