Distance Sales Contract
1. PARTIES
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Sales person |
Name Surname/Title |
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Bademu Foreign Trade Ltd. Co. (Referred to as “Seller” or “thecolourfully” ) |
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Mersis No/Tax. Identity Number |
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0129106240100001 |
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Notification Address |
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Kizilirmak Neighborhood Dumlupınar Boulevard YDA Center 9A/158 Cankaya/Ankara |
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Email Address |
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support@thecolourfully.co |
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Telephone |
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+905305856675 |
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With |
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Buyer |
Name Surname/Title |
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### (“Referred to as “ Buyer ” or “ Consumer ”) |
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Delivery Address |
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### |
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### |
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Telephone |
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### |
1.1. In this Distance Selling Agreement (“Agreement”), the Seller and the Buyer will be referred to individually as “Parties” or collectively as “Parties”.
2. DEFINITIONS
2.1. Unless otherwise stated in this Agreement, the following terms are used with the meanings next to them.
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“ ETDHK ” |
Refers to the Law No. 6563 on the Regulation of Electronic Commerce. |
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“Internet Law” |
It refers to the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through These Publications. |
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“KVKK” |
Refers to the Personal Data Protection Law No. 6698. |
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“Payment System” |
It refers to the online payment infrastructure provided by the affiliated organization to the contracted member businesses used by the buyer when purchasing the product. |
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“Preliminary Information Form” |
It refers to the form created by the Seller to inform the Buyer before the establishment of this Contract in accordance with the Distance Contracts Regulation. |
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“Payment Notification Form” |
It refers to the form that the Buyer will send to the Seller for notification purposes after the transfer/EFT transaction if he/she chooses the money transfer/EFT option among the payment options for the purchased product. |
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"Agreement" |
This Distance Selling Agreement and its Annexes, whether published in printed form or in electronic format on the website, refer to this Agreement. |
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“Website” |
It refers to the e-commerce site named www.thecolourfully.co, which belongs to the Seller and provides the appropriate online platform for the establishment and execution of this Agreement. |
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“CMB” |
Refers to the Capital Markets Law No. 6362. |
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"Consumer" |
It refers to a natural or legal person acting for non-commercial or non-professional purposes in accordance with Article 3 of the Consumer Protection Law No. 6502. |
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"Product" |
It refers to the goods subject to this Agreement, which the Buyer orders after paying the price on the website and which will be sent by the Seller. |
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“Membership Agreement” |
It shall mean the usage agreement established between the Buyer and the Seller. |
3. SUBJECT AND SCOPE
3.1. The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6052 and the Distance Contracts Regulation regarding the sale and delivery of the products ordered electronically by the Buyer from the Seller's website www.thecolourfully.co.
4. ESTABLISHMENT OF THE CONTRACT
4.1. This Agreement shall be deemed to have been established by electronically confirming the payment for the purpose of executing the product order electronically.
4.2. The Buyer declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding the delivery of the product subject to the Agreement on the website and has made the necessary confirmation electronically. By confirming the Preliminary Information Form electronically, the Buyer accepts, declares and undertakes that he/she has obtained the address that should be given to the Buyer by the Seller before the establishment of this Agreement, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
4.3. The Seller shall not be liable for any failure to deliver on time or incomplete delivery due to incomplete or incorrect information provided by the Buyer regarding the order.
5. PRODUCT(S) SUBJECT TO THE CONTRACT
5.1. The product(s) that constitute the subject of this Agreement refer to the products offered for sale on the Seller's website and ordered by the Buyer after paying the price.
5.2. The sales price of the products are the prices listed and announced on the website and the announced prices are valid until they are updated and changed on the website. Prices announced periodically are valid until the end of the specified period. In case of price differences that are written incorrectly or not updated by mistake, the current price that the Seller notifies the Buyer will be deemed valid.
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Product Code and Name |
Piece |
Unit Price |
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### |
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6. PRICE OF THE PRODUCT SUBJECT TO THE CONTRACT AND PAYMENT
6.1. The cash price of the product is included in the Preliminary Information Form, as well as the price included in the information e-mail sent and the invoice sent to the customer. This price includes the sales price, shipping fee and tax. Discounts, coupons, gift certificates or other applications that may be made by the seller are reflected in the sales price.
6.2. The sales price of the product, shipping costs or legal taxes are as specified in the table below.
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Total Product Price |
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VAT Amount |
### |
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Shipping Fee |
### |
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Who is responsible for the shipping fee?
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### |
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Total Price Excluding Delivery Fee
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### |
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Total Price Including Delivery Fee
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### |
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Total Amount to be Paid |
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6.3. The sales price and delivery price of the product/products ordered by the Buyer within the scope of this Agreement, including VAT, shall be paid in accordance with the payment methods and conditions determined by this Agreement.
6.4. The Buyer accepts, declares and undertakes that he/she has read the basic characteristics, sales price, payment method and preliminary information regarding delivery of the product(s) subject to the Contract on the website, is informed about them and has given the necessary confirmation electronically. The Buyer's electronic confirmation of the Preliminary Information Form before the establishment of this Contract means that he/she accepts that he/she has provided the basic characteristics of the ordered Product, the price of the Product including taxes, payment and delivery information correctly and completely.
6.5. The Buyer may, if he wishes, pay the price of the product he wishes to purchase via the secure payment system infrastructures on the website by credit card/debit card, or he may, if he wishes, make the payment to the bank accounts of the Seller specified in this Agreement by money transfer/EFT or through contracted payment system institutions.
6.6. The Seller reserves the right to stop the sales transaction if it deems necessary and if the information provided by the Buyer does not correspond to the truth and if a problem is detected in the sales transaction.
6.7. After the payment is made by the Buyer and the total product price reaches the Seller's account, the invoice will be sent to the Buyer's address specified in this Agreement by electronic or physical means.
6.8. Payment Method
6.8.1. Payment through Payment Infrastructure Organizations:
- If the Buyer chooses one of the secure payment infrastructure system organizations that the Seller has an agreement with, the payment transaction will be made through this infrastructure system and the product will be shipped to be delivered to the Buyer after the price of the product is transferred to the Seller's account by the payment infrastructure system.
- The Seller is not responsible for any damage or loss incurred by the Buyer due to errors and problems occurring in the technical infrastructure provided by the electronic platforms, servers, etc. of the payment infrastructure organizations with which the Seller cooperates.
7. DELIVERY METHOD AND ADDRESS
7.1. The product/products ordered electronically by the Buyer will be delivered to the Buyer or the persons at the address provided by the Buyer, through the courier company contracted by the Seller, within a legal period of 30 (thirty) days.
7.2. Even if the Buyer is not at the address at the time of delivery, the Seller will be deemed to have fulfilled its obligation fully and completely. Therefore, any damages arising from the Buyer receiving the product late and the expenses of the product waiting at the cargo company and/or the return of the cargo to the Seller belong to the Buyer.
7.3. You will not pay shipping costs for thecolourfully products you have ordered.
7.4. The Seller shall not be liable in any way in the event that there is an error and/or omission in the address provided by the Buyer, the Buyer is not present at the address provided at the time of delivery, there is no person at the address in question who can receive the product/products, or the persons at the address in question refuse to receive the product/products, etc. If the delivery cannot be made as stated above, the Buyer has the right to request a re-delivery to be paid by the Buyer.
7.5. The Seller is responsible for the delivery of the product(s) subject to the contract, intact, complete, in accordance with the specified qualifications and with the warranty documents and user manuals, if any, as required by the legislation. The Buyer and/or the person receiving the delivery is obliged to check whether the product(s) are intact, complete, in accordance with the specified qualifications and delivered as required by the legislation during the delivery. A report must be kept with the cargo company representative regarding the product(s) determined to be damaged during the delivery.
7.6. The PARTIES agree that another product of equal quality and price can be supplied to the BUYER if the following conditions are met by the SELLER:
a) It is understood that the goods subject to the contract cannot be supplied due to a justified reason.
b) The BUYER is informed in a clear and understandable manner and their approval is obtained.
7.7. In the event that the supply of the ordered goods becomes impossible, the SELLER shall notify the BUYER in writing or via a permanent data provider within 3 (three) days from the date of learning about this situation and refund the total price to the BUYER within 14 (fourteen) days.
7.8. The provisions of this Agreement will come into force upon the electronic approval of this Agreement by the Buyer and the details regarding payment, delivery and invoice information are as in the table below.
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Recipient's Name Surname/Title |
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Total Sales Price Including VAT |
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Payment Method |
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Person/Institution to be Invoiced |
### |
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Billing Address |
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8. RETURN PROCEDURE
8.1. If the Buyer uses the right of withdrawal specified in the relevant provisions of this Agreement or requests a return using the easy return method available on the website, the sales price will be refunded according to the payment method preferred by the Buyer.
8.2. If the payment is made by credit card or bank card, the amount refunded by the Seller will be refunded by the Buyer's bank in a single payment or in installments, depending on whether the payment is made in a single payment or in installments.
8.3. In the event that the Seller cannot make a refund due to the Buyer's credit card being cancelled/changed and/or inoperable for any reason, the Buyer is obliged to apply to the Seller in writing with the documents received from the relevant bank and receive the money. In such a case, the Buyer cannot claim any delay damages, interest or similar claims in any way.
8.4. If the payment is made via money transfer/EFT or payment infrastructure institutions, the refund will be made to the account specified by the Buyer (the account must be in the name of the person at the invoice address or in the name of the user member) within a reasonable period of time via money transfer/EFT.
8.5. The parties accept, declare and undertake that they have read the above explanations regarding the return procedure.
9. GENERAL PROVISIONS
9.1. The Buyer declares that he/she has read and is informed on the website about the basic characteristics of the products which are the subject of the Agreement, the sales price including VAT, the validity period of all commitments of the Seller including price and payment method and preliminary information regarding delivery, the right of withdrawal and how to use it, the fee if there is a cost to be covered by the Buyer, the delivery and performance periods of the product/products which are the subject of the Agreement, the full address, telephone and other contact information of the Seller to which the Buyer can convey his/her demands and complaints, and that he/she can submit his/her complaints and objections to the consumer arbitration committee or consumer court where the Buyer purchased the goods or services or where he/she resides, within the determined monetary limits, and that he/she has given the necessary confirmation electronically.
9.2. The product subject to the contract is delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period specified in the preliminary information on the website, depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed the legal thirty-day period.
9.3. In order for the product subject to the contract to be delivered, the signed copy of this contract must be delivered to the Seller and the price must be paid using the payment method preferred by the Buyer. If the product price is not paid or is cancelled in the bank records for any reason, the Seller is deemed to be relieved of its obligation to deliver the product.
9.4. The Buyer accepts, declares and undertakes that persons under the age of 18 cannot shop on the website, even if product/products for children are offered for sale, and that the Seller shall not be liable in any way for damages incurred by third parties due to orders placed in violation of this rule. If the Seller detects that this article has been violated, it has the right to cancel the order and terminate the Contract.
9.5. If the Seller determines that the information provided by the Buyer does not correspond to the truth, the Seller reserves the right to freeze or terminate the order. In such a case, if the Seller cannot reach the Buyer via the phone, e-mail or delivery address provided by the Buyer, the Seller will freeze the processing of the order for 3 (three) days. The Buyer is expected to contact the Seller regarding the issue within this period. If the Buyer does not contact the Seller within this period, the order will be canceled. In case the order is canceled, any payments made by the Buyer will be refunded within 14 (fourteen) days. In payments made by credit card, the refund will be made to the credit card with which the payment was made. It is sufficient for the Seller to make the refund within this period, and the Seller cannot be held responsible for the process of the payment being reflected by the bank.
9.6. Circumstances that do not exist and are unforeseeable at the time the Agreement is signed, that develop beyond the control of the Parties, and that make it impossible for one or both Parties to partially or completely fulfill their obligations and responsibilities undertaken under the Agreement or to fulfill them on time, will be considered force majeure.
9.7. The Seller shall notify the Buyer in writing or via permanent data storage within 3 (three) days from the date of learning about force majeure (natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and procedures of authorized bodies, commercial impossibilities or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation) and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification at the latest.
9.8. The Seller is not responsible for price and content errors that occur due to typesetting and system errors. If the product prices are written at a level that is clearly below the market price and that can be understood by an average person as a mistake, the Seller has the right to cancel all orders placed according to this mistaken price. The Buyer accepts and declares that in such a case, due to a clear mistake, it will not have any rights or demands, including the delivery of the product at the clearly incorrect price announced to it.
9.9. The Seller acknowledges that it is aware that messages for marketing/promotion/advertisement purposes are subject to the prior approval of the Buyer, in accordance with both the ETDHK and relevant regulations and the KVKK and relevant regulations.
9.10. The Seller is responsible for any loss or damage that may occur until the delivery of the goods to the Buyer or a third party designated by the Buyer other than the carrier. If the Buyer requests that the goods be sent by a carrier other than the carrier designated by the Seller, the Seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
9.11. The Buyer accepts that he/she is aware of the need to comply with the notification burden in case of obvious or implicit defects in the product.
10. RIGHT OF WITHDRAWAL
10.1. The Buyer has the right of withdrawal by rejecting the goods within fourteen days from the delivery of the contractual product to him/her or to the person/organization at the address he/she has indicated.
10.2. In order for the Buyer to exercise his right of withdrawal, he must notify the Seller in writing or via permanent data storage to the address or e-mail address specified in this Agreement within this period, and the product/products must not be among those for which the right of withdrawal cannot be exercised as specified in the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, or the product must not have suffered any damage other than its usual use that would prevent it from being offered for resale and must not have been used in this manner.
10.3. The product price will be refunded to the Buyer within fourteen days from the date on which the Buyer's notice of withdrawal reaches the Seller in writing or via permanent data carrier.
10.4. In order for the return transactions to be made in accordance with the General Communiqué of the Tax Procedure Law No. 385, the relevant sections of the Withdrawal Form included in the annexes of this Agreement must be filled in completely and the product and invoice must be returned to us together with the product after being signed. The consumer must make a clear notification that he/she has used his/her right of withdrawal before the expiration of the right of withdrawal period (within the fourteen days specified above) by sending a withdrawal text to our address Kızılırmak Mah. Dumlupınar Bul. YDA Center 9A/158 Çankaya/Ankara or in writing to the e-mail address support@thecolourfully.co or using the withdrawal form on our website. If he/she wishes, he/she can also access his/her order from our website and make a notification.
10.5. In determining the period of the right of withdrawal, the day on which the Buyer or a third party designated by the Buyer receives the last good shall be taken into account for goods that are the subject of a single order and are delivered separately; and the day on which the Buyer or a third party designated by the Buyer receives the last good shall be taken into account for goods consisting of more than one piece.
10.6. In the event of a decrease in the value of the goods due to the Buyer's fault or if return becomes impossible, the Buyer is obliged to compensate the Seller for the damages in proportion to the Buyer's fault. Decreases in the value of the goods due to normal use are not covered.
10.7. According to Article 15 of the Distance Contracts Regulation, there is no right of withdrawal in the following cases:
- Goods produced in line with the BUYER's special requests or personal needs (including those made special to the person/personal needs by making changes or additions).
- Goods that are not suitable for return due to their nature, such as cosmetics, foodstuffs, etc., and that are at risk of rapid deterioration or have a possible expiration date,
- Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider,
- Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons,
- Goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Books, digital content and computer consumables presented in material form if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
- Periodical publications such as newspapers and magazines, other than those provided under the subscription agreement,
- Contracts related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
- Services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
- Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
- I- Contracts regarding movable properties that are required to be registered and unmanned aerial vehicles that are required to be registered according to the Highway Traffic Law No. 2918 dated 13/10/1983.
- i- Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
- j- Contracts concluded through live auctions.
- k- Contracts regarding the installation or assembly of goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service.
10.8. In case of exercising the right of withdrawal, the product and package will be checked by the Seller. The products to be returned must be delivered to the SELLER complete, intact and undamaged, together with the box, packaging and standard accessories, if any, within ten days from the date of notification of withdrawal.
10.9. The shipping cost of the product returned due to the right of withdrawal is covered by the Seller. The Buyer may notify the Seller of his/her requests and complaints in writing or via permanent data carrier.
10.10. If the Buyer exercises his/her right of withdrawal within 14 (fourteen) days following the delivery of the products to him/her, by sending a written notice to the address or e-mail address specified in this Agreement or by sending a notification via permanent data storage, the Seller is obliged to receive the product/products in the condition they were first sold, together with a copy of the delivery report and the original invoice, with all shipping costs being covered by the Seller.
10.11. The Buyer has the right of withdrawal before the delivery of the product/products. If the Buyer does not use the product/products in accordance with the instructions for use within the withdrawal period, the Buyer is responsible for any changes and deteriorations that occur, and the Buyer is obliged to compensate for any decrease in the value of the product/products.
10.12. The Buyer can send the product he/she wants to return to the address above with the contracted cargo company within 10 (ten) days after the notice of withdrawal. In case of returns made with a company other than the specified cargo company, the cargo cost belongs to the Buyer.
10.13. In case of legal entity returns, a return invoice must be issued.
10.14. The Buyer accepts, declares and undertakes that if the Buyer requests a refund for payments made by credit card, the refund will not be made in cash. In case the right of withdrawal is used, the price of the product(s) and the shipping costs will be refunded to the Buyer within 14 (fourteen) days from the date the right of withdrawal reaches the Seller, in accordance with the payment method used by the Buyer during purchase.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
11.1. Turkish Law shall apply to the implementation and interpretation of this Agreement and any disputes arising from this Agreement.
11.2. In disputes arising within the scope of this contract, the Ministry may also apply to the Consumer Problems Arbitration Board or the Consumer Court within the monetary limits determined by the Ministry every December. Applications may be made to the consumer arbitration board in the place where the consumer is located or where the consumer transaction is made. In places where there is no consumer arbitration board, applications may be made to the district governor's office. These applications are forwarded to the authorized consumer arbitration board determined by the Ministry for the necessary action to be taken by the district governorships.
12. DEFAULT
12.1. In the event that the Parties fail to fulfill their obligations arising from this Agreement, the provisions of the Debtor's Default in Articles 123-125 of the Turkish Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations within the time limit without a justified reason, the other party shall grant the party that has failed to fulfill its obligation a period of 7 (seven) days to fulfill the obligation in question. If fulfillment is made within this period, the party that has failed to fulfill its obligation shall be deemed to be in default and the creditor shall have the right to demand the performance of the obligation, the performance of the sale and/or the termination of the Agreement and the return of the price.
12.2. In accordance with Article 16, paragraph 4 of the Regulation, if the Seller cannot fulfill its obligations under the Contract by claiming that the fulfillment of the sale subject to the Contract has become impossible, the Seller undertakes to notify the Buyer of this situation within 3 (three) days from the date of learning of the situation. In this case, the Seller has the right to terminate the Contract immediately and undertakes to return to the Buyer all the amounts collected for the product purchased by the Buyer and all documents, if any, that put the Buyer in debt within 14 (fourteen) days from the date of notification.
13. ENTRY INTO FORCE OF THE AGREEMENT
13.1. This Agreement consists of 15 (fifteen) articles and has been read by the Parties and concluded and entered into force on ##/##/#### by being approved electronically by the Buyer.
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SALES PERSON |
BUYER |
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Bademu Foreign Trade Co. Ltd. "thecolourfully" |
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