TAJI GİYİM DISTANCE SALES AGREEMENT
This Distance Sales Agreement (the “Agreement”) governs the rights and obligations of the parties in relation to the sale, delivery and other matters concerning the products and/or services specified below (the “Product” or “Products”) which the BUYER (Consumer) wishes to purchase by placing an order through the SELLER’s e-commerce website at www.taji.com.tr (the “WEBSITE”), including transactions carried out through an application on a mobile device.
Once the BUYER approves this Agreement through the WEBSITE, the price of the Product(s) ordered and any applicable charges shall be collected using the payment method selected by the BUYER.
ARTICLE 1 – PARTIES
SELLER
Company Name: TAJİ GİYİM SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Harbiye Mah., Abdi İpekçi Cad. No: 6-8/B, Şişli, Istanbul, Türkiye
Telephone: 444 54 07
Email: [email protected]
MERSIS No.: 816014058600010
Bank: Garanti BBVA Bankası – Nişantaşı Branch
Branch Code: 132
Account No.: 6298209
IBAN: TR25 0006 2000 1320 0006 2982 09
BUYER
Name and Surname / Company Name:
Address:
Telephone:
Email:
ARTICLE 2 – PRODUCTS SUBJECT TO THE AGREEMENT, PRICE, PAYMENT AND DELIVERY
The type and nature, quantity, brand/model, colour, unit price(s) and total sales price of the Products (goods/services), together with payment information and delivery details, including the delivery address specified by the BUYER, shall be as stated below.
If the contracted courier company does not have a branch at the BUYER’s location, the BUYER may be required to collect the Product from another nearby branch designated by the SELLER. The BUYER shall be informed accordingly by email, SMS and/or telephone.
Further provisions concerning delivery are set forth in Article 7 of this Agreement.
Product/Service Description:
Shipping Fee:
TOTAL ORDER AMOUNT (including VAT):
Delivery Information
Payment Method: CREDIT / DEBIT CARD
Card Number:
Delivery Address:
Person to Whom the Order Will Be Delivered:
Telephone:
Email:
Billing Information
Billing Address:
ARTICLE 3 – MATTERS ON WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE
The BUYER acknowledges and confirms that, before entering into this Agreement by accepting it through the WEBSITE and before placing an order or assuming any payment obligation, the BUYER has reviewed and been informed of the relevant general and specific information provided on the applicable pages and sections of the WEBSITE, including:
the SELLER’s company name, contact details and current identifying information;
the stages of the purchasing process through the WEBSITE and the appropriate technical means and methods available for identifying and correcting incorrectly entered information;
information concerning the professional chamber of which the SELLER is a member, namely the Istanbul Chamber of Commerce (“ITO”), and the electronic contact information through which the professional codes of conduct prescribed by the ITO may be obtained (Telephone: 444 04 86; www.ito.org.tr);
the SELLER’s applicable privacy, personal data processing and electronic communication policies, the permissions and consents provided by the BUYER in relation thereto, the BUYER’s statutory rights, the SELLER’s rights and the procedures for exercising such rights;
any shipping or delivery restrictions applicable to the Products;
the payment methods and instruments accepted by the SELLER;
the essential characteristics of the Products and their total price inclusive of taxes and other applicable charges payable by the BUYER;
the procedures for delivery of the Products and applicable transportation, delivery and shipping charges;
other payment, collection and delivery information relating to the Products and information concerning performance of the Agreement, including the parties’ respective obligations and responsibilities;
Products and other goods or services in respect of which the BUYER does not have a statutory right of withdrawal;
where a right of withdrawal applies, the conditions, period and procedure for exercising that right and the fact that the BUYER may lose such right if it is not exercised within the applicable statutory period;
where a Product is subject to a right of withdrawal, the BUYER’s potential liability where the Product is damaged or altered during the withdrawal period as a result of use inconsistent with its operating instructions, ordinary use or technical specifications, including any deduction that may lawfully be made from a refund in accordance with applicable legislation;
the procedure for returning Products where a right of withdrawal exists and all related financial matters, including return methods and costs, refunds, reward points earned or redeemed, complimentary products supplied under promotional sales, other free or discounted benefits and gift vouchers, and any deductions, set-offs or, where legally permissible, additional amounts arising therefrom;
where the BUYER is a legal entity, the fact that consumer rights, including the right of withdrawal, shall not apply to Products purchased for commercial or professional purposes, including bulk purchases where applicable;
all other applicable terms of sale, including those set forth in this Agreement according to their nature;
the fact that this Agreement will be sent to the BUYER by email following its electronic acceptance through the WEBSITE and may therefore be retained and accessed by the BUYER;
the fact that the SELLER may retain the Agreement in its systems for three (3) years;
practices concerning privacy, personal data and electronic communications; and
the SELLER’s contact details through which complaints may be submitted and the BUYER’s right to apply to the competent Consumer Arbitration Committees and Consumer Courts in accordance with Law No. 6502 on Consumer Protection and other applicable legislation.
ARTICLE 4 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without providing any reason and without incurring any contractual penalty, subject to the exceptions prescribed by applicable law.
Under applicable legislation, the right of withdrawal does not apply to certain goods and services, even where they have not been used. These include, where applicable:
a) goods prepared in accordance with the BUYER’s specific requests or clearly personalised to the BUYER’s individual needs, including Products altered or customised for the BUYER and special Products imported or procured domestically or internationally specifically pursuant to the BUYER’s order;
b) goods that are liable to deteriorate rapidly or have a limited expiry date, including certain cosmetics and food products;
c) goods which are unsuitable for return for health or hygiene reasons where protective packaging, seals, wrapping or similar protective elements have been opened following delivery, including applicable cosmetics, swimwear and underwear;
d) goods which, after delivery, become inseparably mixed with other products due to their nature;
e) books, CDs, DVDs, audio or video recordings, software and other digital-content products, as well as computer consumables, where protective packaging, seals or wrapping have been opened after delivery;
f) services performed instantly in electronic form and intangible goods supplied immediately to the consumer;
g) goods or services whose price is dependent on fluctuations in financial markets beyond the control of the seller or provider;
h) newspapers, periodicals and magazines, other than those supplied under a subscription agreement;
i) accommodation, transportation of goods, vehicle rental, catering and leisure services intended for entertainment or recreation where such services are to be provided on a specified date or during a specified period;
j) services which have begun to be performed within the withdrawal period with the BUYER’s prior consent; and
k) any other goods or services excluded from the scope of distance sales or the statutory right of withdrawal under applicable legislation, as well as purchases made by the BUYER for commercial or professional purposes.
Where the right of withdrawal applies, the BUYER shall be responsible, to the extent prescribed by applicable law, for any reduction in value resulting from handling or use of the Product beyond what is necessary to establish its nature, characteristics and functioning.
The BUYER must communicate an unequivocal statement of withdrawal to the SELLER within the statutory fourteen (14)-day withdrawal period using the SELLER’s contact details specified above.
Where the right of withdrawal is duly exercised, the Product must be returned to the SELLER within the applicable statutory return period and in accordance with applicable legislation.
Where a contracted courier company is specified on the WEBSITE for returns, the BUYER may return the Product through a branch of that courier company in accordance with the return instructions provided by the SELLER. Where the applicable conditions for free return are satisfied, no return shipping fee shall be charged to the BUYER.
The Product must be returned complete and, where applicable, together with its original box, packaging and standard accessories.
Where required under applicable tax legislation, the relevant return section of the invoice must be completed and signed. Where the invoice has been issued to a company or other legal entity and applicable tax legislation requires a return invoice to be issued, the return may not be completed until the required return invoice has been provided.
Return Address: The SELLER’s address stated above and/or the address of the contracted courier company designated for returns.
Provided that the BUYER has fulfilled the applicable requirements, payments subject to reimbursement following withdrawal shall be refunded within fourteen (14) days from the date on which the SELLER receives the withdrawal notification, in accordance with applicable consumer legislation.
Refunds shall be made using the same means of payment used by the BUYER for the original transaction, unless otherwise permitted by applicable law.
The BUYER’s statutory rights and obligations following expiry of the withdrawal period and the SELLER’s contractual and statutory rights, including any lawful rights of collection or set-off relating to reward points, complimentary products, discounts or promotional sales, remain reserved.
ARTICLE 5 – SPECIAL CONDITIONS APPLICABLE WHERE THE BUYER EARNS AND/OR USES REWARD POINTS
5.1
Where an agreement exists between the SELLER and an organisation operating a reward-points or similar loyalty programme that enables such points to be used for discounts or other benefits on purchases through the WEBSITE, any reward points, gifts or similar benefits earned by the BUYER as a result of the relevant purchase may be reversed where this Agreement is withdrawn from, terminated or the order is cancelled and a refund becomes payable.
Unless otherwise provided under the SELLER’s agreement with the relevant organisation, the monetary value of such reward points, gifts or benefits may first be deducted from other available reward points held by the BUYER within the relevant programme. Where insufficient points are available, the applicable amount may, to the extent permitted by law, be deducted from the amount otherwise refundable to the BUYER.
5.2
Where payment for the Products has been made wholly or partly using reward points or similar benefits, and the Product is subsequently returned under circumstances requiring reimbursement, the reward points used for the original purchase may be credited back to the BUYER as points, unless otherwise provided under the SELLER’s agreement with the relevant programme operator.
5.3
Where the BUYER is found to have obtained or used reward points improperly or without entitlement, the monetary value of such reward points may be recovered by the SELLER using legally permissible methods.
The same principle may apply to the value of complimentary products provided as a result of such reward programme.
5.4
Other matters concerning the earning and use of reward points and similar benefits shall be governed by the applicable agreements between the BUYER, SELLER and relevant programme operator.
Where applicable, the SELLER may exercise the rights and authorities granted to it under such agreements and may carry out relevant transactions on behalf or for the account of the applicable programme operator or other participating businesses where legally permitted.
5.5
Reward points, gift vouchers and similar benefits earned from or used with the SELLER may not be exchanged for cash.
5.6
The SELLER shall not be liable for disputes arising exclusively between the BUYER and the relevant reward programme operator or for the financial, legal or other consequences thereof, except to the extent liability cannot lawfully be excluded.
5.7
The foregoing provisions shall apply, where relevant, to reward points earned directly from the SELLER.
By earning reward points through the WEBSITE/SELLER or using reward points or similar benefits as payment to the SELLER, the BUYER acknowledges the foregoing special conditions.
ARTICLE 6 – SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The following principles apply to the protection, confidentiality, processing and use of information on the WEBSITE, electronic communications and related matters.
6.1
The SELLER implements appropriate technical and organisational security measures within its systems, taking into account the nature of the relevant information and transactions and available technological standards.
As information is entered through the BUYER’s own device, the BUYER is responsible for taking reasonable measures to protect such information and prevent access by unauthorised persons, including maintaining appropriate protection against viruses, malware and similar threats.
6.2
Personal data collected during the BUYER’s membership and purchases shall be processed, used, retained, shared and transferred only in accordance with applicable personal data protection and electronic commerce legislation and the applicable privacy notices and consents.
Where required by law, personal data may also be disclosed to competent authorities, administrative bodies and courts.
Commercial and non-commercial electronic communications may be sent to the BUYER only in accordance with applicable legislation and the BUYER’s communication preferences and consents where such consent is legally required.
6.3
The BUYER may contact the SELLER through the communication channels specified above to exercise the rights available under applicable personal data protection legislation or to withdraw applicable commercial electronic communication permissions.
Where legally required, processing based solely on the BUYER’s explicit consent shall cease following valid withdrawal of such consent, subject to processing activities that may continue under another lawful basis.
The BUYER may also exercise the rights available under applicable personal data protection legislation regarding, among other matters, information about the processing of personal data, recipients of transferred data, correction of incomplete or inaccurate data, deletion or destruction of data where the applicable statutory conditions are satisfied, notification of such actions to relevant third parties, objection to certain outcomes arising from automated processing, and compensation for damage caused by unlawful processing.
Applications and requests shall be processed within the statutory periods. A request may be refused where permitted by law, in which case the legal grounds for refusal shall be communicated to the BUYER.
6.4
Unless otherwise expressly stated or belonging to third parties pursuant to agreements with the SELLER, all intellectual and industrial property rights and other proprietary rights relating to the WEBSITE, its information and content, and the arrangement, revision and use thereof, in whole or in part, belong to the SELLER.
6.5
The SELLER reserves the right to make amendments concerning the matters set forth above where permitted by applicable law. Such amendments shall become effective upon their publication on the WEBSITE or notification through another appropriate method, subject to any mandatory statutory requirements.
6.6
Third-party websites accessed through the WEBSITE are subject to their own privacy and security policies and terms of use. The SELLER shall not be responsible for disputes or adverse consequences arising from such third-party websites, except where liability cannot lawfully be excluded.
ARTICLE 7 – GENERAL PROVISIONS
7.1 Delivery
The Product subject to this Agreement shall be delivered to the BUYER or to the third party/entity at the address specified by the BUYER through the WEBSITE, in any event within the statutory maximum delivery period of thirty (30) days, unless a shorter period has been agreed.
The SELLER dispatches Products through its contracted courier company.
Where the contracted courier company does not have a branch at the BUYER’s location, the BUYER may be required to collect the Product from another nearby branch notified by the SELLER.
Products in stock shall generally be handed over to the courier company within no later than seven (7) days from the order date for delivery to the person and address specified by the BUYER.
Under normal circumstances, courier companies generally deliver shipments received from the SELLER within approximately two (2) business days, depending on the destination.
7.2 Delivery Charges and Promotional Benefits
Unless otherwise expressly stated, delivery and shipping charges shall be borne by the BUYER.
The SELLER may cover all or part of such charges pursuant to campaigns or promotions whose applicable terms are announced on the WEBSITE at the time of sale.
Where withdrawal or another eligible return results in the order no longer satisfying the minimum purchase amount or other conditions of a promotion, any adjustment to shipping charges, discounts, complimentary products, gift vouchers, reward points or other promotional benefits shall be made only to the extent permitted by applicable consumer legislation and the terms of the relevant campaign.
Where legally permissible, amounts arising from the loss of eligibility for a promotional benefit may be deducted from the amount refundable to the BUYER.
7.3 Delivery to the Specified Address
Where the BUYER is not present at the delivery address and no authorised person at that address accepts delivery, subsequent delivery or collection shall be subject to the procedures of the relevant courier company.
Where the Product is to be delivered to a person or entity other than the BUYER, the SELLER shall not be responsible for failure of delivery resulting from the recipient not being present at the designated address or refusing delivery, except where such failure is attributable to the SELLER.
The BUYER shall be responsible for following the shipment and, where necessary, contacting the courier company regarding collection or redelivery.
7.4 Inspection Upon Delivery
The BUYER is advised to inspect the Product upon delivery.
Where there is visible damage attributable to transportation, the BUYER should notify the courier representative and request that an appropriate damage report be prepared.
Nothing in this provision shall restrict any mandatory statutory rights available to the BUYER under applicable consumer legislation.
7.5 Payment
Unless otherwise agreed in writing by the SELLER, the Product price must be paid in full before delivery.
Where the purchase price has not been paid in full in a cash sale, or where an amount due under a legally applicable instalment arrangement remains unpaid, the SELLER may exercise its rights under this Agreement and applicable legislation, including withholding delivery or terminating the Agreement where legally permitted.
Where, after delivery, the bank or financial institution that issued the card used for the transaction fails to remit the Product price to the SELLER or reverses the payment, the parties’ respective rights and obligations shall be determined in accordance with applicable legislation and the circumstances giving rise to such non-payment or reversal.
Where the non-payment results from an act or omission attributable to the BUYER and the Product must consequently be returned, return shipping costs may be borne by the BUYER to the extent permitted by law.
For the avoidance of doubt, where the BUYER pays the purchase price using a credit card, instalment card or similar payment instrument issued by a bank or financial institution, any credit or instalment facility associated with such card is provided directly by the relevant issuing institution.
Accordingly, where the SELLER receives the purchase price in full, a transaction under which the card issuer permits the BUYER to pay in instalments shall not, solely for that reason, constitute an instalment sale between the BUYER and the SELLER.
Any mandatory rights and obligations applicable to legally recognised instalment sales remain reserved.
7.6 Extraordinary Circumstances Affecting Delivery
Where the Product cannot be delivered within the statutory maximum delivery period due to extraordinary circumstances outside normal sales and delivery conditions, including severe weather conditions, exceptional traffic disruption, earthquakes, floods or fires, the SELLER shall inform the BUYER accordingly.
In such circumstances, the BUYER may exercise the rights available under applicable legislation, which may include cancellation of the order, acceptance of an alternative Product where agreed, or waiting until the extraordinary circumstances cease.
7.7 Unavailability of the Product
Where it becomes impossible for the SELLER to supply the Product subject to the Agreement, the SELLER shall inform the BUYER within the period and by the method prescribed by applicable legislation.
Where legally permissible and with the BUYER’s express consent, the SELLER may supply another good or service of equivalent quality and price.
The BUYER is free to withhold such consent. Where consent is not provided, the applicable statutory and contractual provisions concerning cancellation and refunds shall apply.
7.8 Refunds Following Cancellation, Withdrawal or Termination
Where an order is cancelled, the right of withdrawal is validly exercised, or the Agreement is otherwise terminated in accordance with applicable legislation and the Product price has already been collected, the amount due to the BUYER shall be refunded within the statutory period, which shall not exceed fourteen (14) days where the applicable consumer legislation so requires.
Refunds shall be made using the same means of payment used by the BUYER for the original transaction, unless otherwise permitted or agreed in accordance with applicable law.
For credit card payments, the SELLER shall submit the refund to the relevant card/banking institution. The time required for the amount to appear in the BUYER’s account following submission of the refund by the SELLER depends on the relevant bank’s processing procedures and is outside the SELLER’s direct control.
The SELLER’s rights of set-off or deduction arising under this Agreement or applicable law remain reserved to the extent legally permissible.
The BUYER’s statutory rights where the Agreement is terminated due to the SELLER’s failure to perform its obligations remain unaffected.
7.9 Complaints and Requests
The BUYER may communicate requests and complaints concerning the Product or sale to the SELLER orally or in writing using the contact channels specified in Article 1 of this Agreement.
7.10 Pre-Contractual Information
Certain matters referred to in Article 3 may, due to their nature, not be reproduced in full in this Agreement.
Such information may instead be included in the Pre-Contractual Information provided to and approved by the BUYER through the WEBSITE and/or in the relevant sales-stage or general information pages and sections of the WEBSITE.
7.11 Storage and Accessibility of the Agreement
Following acceptance, the relevant Pre-Contractual Information and this Agreement shall be sent to the email address provided by the BUYER.
The BUYER may retain and access such documents by saving the relevant email electronically.
The SELLER may retain the Agreement in its systems for three (3) years in accordance with applicable legislation.
7.12 Evidence
The SELLER’s records, including electronic, computer and audio records, may constitute evidence in relation to disputes arising from this Agreement, subject in all cases to the parties’ rights under mandatory applicable legislation and applicable rules of evidence.
ARTICLE 8 – STATUTORY REMEDIES AND COMPETENT AUTHORITIES
Disputes arising out of or in connection with this Agreement shall be submitted to the competent Consumer Arbitration Committees where the amount in dispute falls within the monetary thresholds determined and announced annually under applicable consumer legislation.
Where the amount in dispute exceeds the applicable statutory thresholds, the competent Consumer Courts shall have jurisdiction in accordance with Law No. 6502 on Consumer Protection and other applicable legislation.
The BUYER may apply to the competent Consumer Arbitration Committee or Consumer Court at the BUYER’s place of residence or, where permitted by applicable legislation, at the SELLER’s place of establishment.
The BUYER acknowledges and declares that the BUYER has read the terms and explanations contained in this Agreement and the Pre-Contractual Information forming an integral part hereof; has been informed in advance regarding the essential characteristics of the Product(s), sales price, payment method, delivery conditions, information concerning the SELLER and the Products, the right of withdrawal, personal data and electronic communications, reward-point conditions and the other matters specified in Article 3; has reviewed such information electronically through the WEBSITE; and, by electronically confirming and accepting the relevant terms and placing the order, agrees to be bound by this Agreement.
The Pre-Contractual Information and this Agreement shall also be sent to the email address provided by the BUYER. The relevant email shall additionally contain confirmation that the order has been received together with an order summary.
EXPLICIT CONSENT TEXT FOR APPLICATION MEMBERSHIP
I hereby consent, to the extent that explicit consent is required under applicable personal data protection legislation, to the processing of my existing personal data and any personal data that I may update in the future, as further described in the Privacy Notice made available to me during the membership process and accessible at any time through TAJİ GİYİM SANAYİ VE TİCARET LİMİTED ŞİRKETİ (“TAJİ GİYİM”) Stores, the TAJİ GİYİM website at www.taji.com.tr (the “Website”) and the TAJİ GİYİM mobile application (the “Mobile Application”), for the purposes of:
creating and administering my Website/Mobile Application membership;
enabling me to log into my account and receive membership-related information;
enabling me to make purchases through the Website/Mobile Application using my stored membership information without having to re-enter such information for every purchase;
enabling me to view my previous orders and order history;
enabling me to benefit from special membership programmes;
providing personalised opportunities and offers based on my purchases through the Stores, Website and Mobile Application;
enabling me to earn and redeem loyalty points;
creating general and personalised campaigns, benefits, promotions and advertisements;
organising campaigns, competitions, prize draws and other events;
carrying out segmentation, reporting, profiling, marketing and analytical activities;
conducting TAJİ GİYİM advertising, marketing and communication activities through the Mobile Application, Website and third-party platforms, including notifications, pop-ups, personalised offers, customised user interfaces, advertisements, searches and surveys;
where location sharing and/or Bluetooth functionality is enabled on my mobile device, recording my location information for the purpose of creating and communicating relevant offers based on my location; and
improving and personalising my experience with TAJİ GİYİM products and services.
I further consent, where explicit consent is legally required, to the sharing and processing of my personal data for data enrichment and deduplication activities and to the updating and enrichment of the personal data I have provided.
I also consent, where required under applicable legislation, to the transfer of my personal data to TAJİ GİYİM’s service providers located outside Türkiye for the purposes of obtaining products, services and professional support in areas including information technology, marketing, advertising and specialist consultancy, subject to the applicable statutory requirements governing international transfers of personal data.
