DISTANCE SALES CONTRACT

ARTICLE 1: PARTIES

1.1.SELLER:

TEXLENT READY-TO-WEAR MARKETING TRADE LIMITED COMPANY
İKİTELLİ OSB DISTRICT FATİH 1B BLOCK STREET NO: 2 BAŞAKŞEHİR/İSTANBUL

Tax Number              : 8410994146

CRS No.           : 0841-0994-1460-0001

Wire                        :
Website                        : www.peploum.com
Email                       : info@peploum.com
 

1.2 BUYER:

Within the scope of this contract, the BUYER is the person who places an order on the www.peploum.com website. The address and contact information of the BUYER used when registering or placing an order will be taken into account.

ARTICLE 2: SUBJECT

2.1. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the products, the qualities of which are specified in the contract and the sales price of which is specified, which the BUYER orders electronically from the www.peploum.com website belonging to the SELLER (retail or wholesale).

2.2. The BUYER accepts and declares that he/she is informed about the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the product subject to sale and the right of withdrawal, that he/she confirmed this preliminary information electronically and then ordered the product, in accordance with the provisions of this contract.

2.3. The preliminary information and invoice on the website www.peploum.com are integral parts of this contract.

2.4. The BUYER declares that he/she has read and is informed about the basic characteristics of the product or products specified in the contract, the sales price and payment method, and all preliminary information regarding delivery, and has given the necessary confirmation electronically.

2.5. This contract becomes valid after the BUYER gives the necessary confirmation electronically regarding the product order and makes the payment.

ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY

The product requested by the BUYER will be delivered to the address specified by the BUYER on the website by a cargo company official.

The product subject to sale will be delivered to the BUYERS by Carrtell Technology and Logistics Joint Stock Company.

ARTICLE 4: DELIVERY COSTS AND PERFORMANCE

4.1. Delivery costs (shipping fees) belong to the SELLER. In wholesale sales, the shipping cost belongs to the BUYER. 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.

4.2. If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the delivery is made does not accept the delivery. Therefore, all kinds of damages arising from the BUYER receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the seller belong to the BUYER.

4.3. Delivery is made after the stock is available and the product price is transferred to the SELLER's account. The SELLER delivers the product within 1-15 business days from the order. In wholesale sales, this period may extend up to 20 business days. 

4.4. If the SELLER cannot deliver the contracted product within the specified time due to stock depletion or similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a similar one, if any, and/or postponement of the delivery period until the impeding situation is eliminated. If the BUYER cancels the order, the amount paid by the BUYER shall be refunded to the BUYER within 20 days .

4.5. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

ARTICLE 5: REPRESENTATIONS AND WARRANTIES OF THE BUYER

5.1. The BUYER shall examine the contractual product before receiving it and shall not accept from the cargo company any damaged or defective product such as broken, crushed, torn packaging, etc. The product received shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER.

5.2. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address during the delivery will be deemed to have been delivered to the BUYER.

5.3. If the right of withdrawal is to be used, the product must not be used and must be returned with the invoice. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER.

ARTICLE 6: SELLER’S DECLARATIONS AND COMMITMENTS

6.1. SELLER is responsible for the delivery of the contractual product in good condition, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any. If the contractual product is to be delivered to a person/organization other than BUYER, SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.

6.2. SELLER accepts that BUYER has the right to withdraw from the contract by rejecting the product within 14 days from the date of receipt of the product or signing the contract, without assuming any legal or criminal liability and without giving any justification.

6.3. The SELLER shall refund the product price within 20 days after the withdrawal notice reaches him. The product shall be returned within 20 days . In purchases made by credit card, if the installment option is used by the BUYER, the refund of the sales price shall be made in monthly installments.

6.4 . SELLER may supply the product of equal quality and price to BUYER before the performance period in the contract expires, for justified reasons. If SELLER thinks that the delivery of the product has become impossible, it must notify BUYER before the performance period in the contract expires. In this case, BUYER may exercise one of the rights of canceling the order, replacing the product subject to the contract with a similar one, if any, and/or postponing the delivery period until the elimination of the impeding situation. In case BUYER cancels the order, the paid price and any documents shall be returned within 20 days . In purchases made with a credit card, if the installment option has been used by BUYER, the return of the sales price shall be made in monthly installments.

ARTICLE 7: SPECIFICATIONS OF THE PRODUCT SUBJECT TO THE CONTRACT

7.1. The type and kind of the product, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product introduction page on the website www.peploum.com and on the invoice which is considered an integral part of this contract.

7.2. SELLER is not responsible for price update errors caused by technical reasons.

ARTICLE 8: PAYMENT OPTIONS

The price of the product ordered within the scope of this contract can be paid by credit card on the SELLER's website.

ARTICLE 9: CASH PRICE OF THE PRODUCT

The cash price of the product is available on the website and in the invoice.

ARTICLE 10: FORWARD PRICE

If the product is to be sold on installment, the installment amount and the interest rate are determined by the relevant Bank.

ARTICLE 11: DEADLINE DIFFERENCE

11.1. If the Buyer makes a purchase by credit card and in installments, the number of installments and whether a term difference will be applied according to the number of installments; if a term difference is applied, the amount will be determined by the bank to which the credit card is affiliated.  The forward sales price of the product will be determined as a result of the determined forward difference.

11.2. The BUYER is responsible to the bank it works with in accordance with the provision of article 12.

ARTICLE 12: DOWN PAYMENT AMOUNT

The down payment amount of the product is available on the website and in the invoice content.

ARTICLE 13: PAYMENT SCHEDULE

13.1. Since forward sales are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.

13.2. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.

ARTICLE 14: RIGHT OF WITHDRAWAL

14.1. In order for the BUYER to benefit from the right of withdrawal; the sale must be based on a sales contract falling within the scope of the Law No. 4077 on Consumer Protection; the return must be made within fourteen (14) days from the date of delivery of the purchased product without opening the packaging, damaging or spoiling it and without using the product.

14.2. Return requests will not be accepted in cases where the labels attached to the product box by the importer, manufacturer or seller are torn, the vacuum or gelatin packaging is opened, or the product's resalability is lost. The BUYER is obliged to return the product in the same condition as when it was delivered to him.

14.3. In order for the return transactions to be carried out, the printed return form in the "RETURN" section of the BUYER's website www.peploum.com must first be filled out. Return requests made without filling out this form will not be accepted. In case of exercising this right, the original invoice for the product delivered to the 3rd party or the BUYER must be returned.

14.4. The product price will be refunded to the BUYER within 20 days following the receipt of the notice regarding the right of withdrawal and the product will be taken back within 20 days . However, in any case, no refund will be made without the return of the product. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER. If the installment option has been used by the BUYER on the credit card, the refund of the sales price will be made in monthly installments.

 

14.5. As stated in Article 3 of this contract, the products subject to sale are Carrtell Technology and

It will be carried by the Logistics Joint Stock Company, and the cargo cost in product sales will be borne by the SELLER. However, if the BUYER uses the right of withdrawal despite there being no defect in the product; in this case, all cargo costs (shipping and return) will be borne by the BUYER. When the BUYER uses the right of withdrawal for reasons other than a defect, all cargo costs will be deducted from the amount paid and the remaining amount will be returned to the BUYER.

14.6. If the product to be returned is defective, the shipping costs will be covered by the SELLER.

 

14.7. BUYER cannot exercise his right of withdrawal in the following contracts;

 

a.) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER.

 

b.) Contracts regarding goods prepared in line with the BUYER's requests or personal needs.

 

c.) Contracts for the delivery of goods that are perishable or subject to expiration.

 

d.) Contracts concerning goods that are not suitable for return due to health or hygiene reasons and whose protective elements such as packaging, tape, seals and packages have been opened after delivery.

 

e.) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

 

f.) Contracts regarding digital content and computer consumables provided in material form if the packaging is opened after the delivery of the goods.

 

g.) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription contract.

 

h.) Contracts regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time that must be made on a specific date or period.

 

i.) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.

 

j.) Sending daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries.

 

ARTICLE 15: PRODUCT CHANGE

 

Within the scope of this contract, the BUYER may only request a change in size or color of the product he/she purchased. However, if the relevant product is not in stock in another size or color, the BUYER may request the exchange of the product he/she purchased with another product.

 

Even if the product exchange request is for a different size, color or product, the shipping cost will be the responsibility of the BUYER. If the BUYER pays the shipping cost, the product can be exchanged.

 

If there is a price difference between the product requested to be exchanged and the purchased product, the BUYER must also pay this price difference.

 

Products purchased at a discount are not subject to exchange. Both parties expressly accept this matter.   

ARTICLE 16: DEFAULT AND ITS LEGAL CONSEQUENCES

In case the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the BUYER and in any case, in case the BUYER defaults due to his debt, the BUYER agrees to pay the SELLER's losses and damages due to the delayed payment of the debt.

ARTICLE 17: BUYER'S RIGHT TO COMPLAINT AND OBJECT;

 

BUYER may contact SELLER regarding his/her complaints and demands at info@peploum.com . If these demands cannot be resolved, applications regarding consumer complaints and objections may be made to the Consumer Arbitration Committee or Consumer Court where the consumer purchased the goods or services or where he/she resides, within the monetary limits set forth in the Law No. 6502 on Consumer Protection.

 

ARTICLE 18: GENERAL PROVISIONS;

 

18.1. All information regarding the protection and confidentiality of personal data can be accessed at https://www.peploum.com/kisisel-verilerin-korunmasi and the BUYER accepts and declares that he/she has read, understood and been informed about the documents in this link. The said link was shared with the BUYER during the order creation phase.

 

18.2. The Buyer may access and review the text of this Agreement shared with him/her at any time by saving the said e-mail in a permanent data storage device, and the BUYER has given his/her explicit consent in this regard. The Seller shall also keep and store the text of this Agreement in its systems for a period of three (3) years.

 

18.3. The information provided by the BUYER to the SELLER for the purpose of making payment with the information specified in this contract will not be shared with third parties by the SELLER. The SELLER may only disclose this information within the framework of the existence of an administrative/legal obligation. If the SELLER has the information requested from it within the scope of any legal investigation with documented investigative capacity, it may provide it to the relevant authority. Credit Card information is never stored, Credit Card information is only used to obtain provision by securely transmitting it to the relevant banks during the collection process and is deleted from the system after provision. Information such as the BUYER's e-mail address, postal address and telephone are only used by the SELLER for standard product delivery and information procedures.

 

18.4. Situations that do not exist or are not foreseen at the time the contract 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 contract or to fulfill them on time, shall be deemed as force majeure (natural disaster, epidemic disease, war, terror, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs shall immediately notify the other party of the situation in writing. No liability shall arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

 

18.5. In the implementation of this contract, Consumer Arbitration Committees or Consumer Courts at the place of residence of the BUYER or where the service was purchased are authorized within the monetary limits determined in the Consumer Protection Law.

 

18.6. In order to conclude the Distance Sales Contract, this contract must be approved electronically by the BUYER and this contract becomes valid after it is signed electronically by the BUYER, payment is made and delivered to the SELLER.

ARTICLE 19: COMPETENT COURT

Istanbul Courts and Enforcement Offices have jurisdiction over disputes that may arise from this contract.

ARTICLE 20: ENFORCEMENT

If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed without receiving confirmation that the contract in question has been read and accepted by the BUYER on the site.

THERE ARE NO RETURNS OR EXCHANGES ON OVERSEAS PRODUCTS.