Distance Sales Agreement

Distance Selling contract

DISTANCE SALES CONTRACT (“Agreement”) 

  1. SIDES

This Distance Selling Agreement (“Agreement”); whose address is stated in article 5. ("Buyer") and Kale, Kumkısık, Süleyman Demirel Cd. No:14, 20170 YASEMİN TEKSTİL SAN. located in Pamukkale/Denizli, Turkey. AND TRADE. A.Ş. ("Seller") in electronic environment within the framework of the terms and conditions specified below.

  1. DEFINITIONS

The following terms are used in the implementation and interpretation of this agreement. They will express their written statements. 

Minister : Minister of Customs and Trade,

Ministry : Ministry of Customs and Trade,

Law : Law on Consumer Protection,

Regulation : Distance Sales Regulation,

Service : The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,

Sales person

:

A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person who offers goods,

Buyer : Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

Website : SELLER's website named www.jojuke.com,

Orderer : Real or legal person who requests a good or service via the SELLER's website www.jojuke.com,

Parties : SELLER and BUYER,

Contract : This Agreement concluded between the SELLER and the BUYER,

Product or

Products : 3. TOPIC 

It refers to movable goods subject to shopping, immovable properties for housing or holiday purposes, and software, audio, video and all similar products prepared for use in electronic environment.

The subject of this Agreement; BUYER's through the SELLER's website ordered electronically, the qualities and sales price of which are specified below. Consumer Protection No. 6502 regarding the sale and delivery of the product In accordance with the provisions of the Law on Distance Contracts and the Regulation on Distance Contracts It is the determination of the rights and obligations of the Parties. Listed and advertised on the site

Prices quoted are sales prices. Announced prices and promises are subject to update. and is valid until changed. Prices announced periodically are valid until the end of the specified period.

  1. ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR

4.1. BUYER, on the following issues, is responsible for the use of this Agreement by the BUYER on the Internet. After its acceptance and establishment on the Site and placing both the order and payment He accepts that he has examined, read and understood all general and specific explanations on the relevant pages of the Website and that he has been provided with the necessary information before taking on the obligation .

  1. a) SELLER's title, contact information and current identification information,
  2. b) Sales process stages when purchasing the products from the Website and appropriate tools and methods for correcting incorrectly entered information ,
  3. c) The Professional Chamber (DTO-Denizli Chamber of Commerce) to which the SELLER is a member, and Electronic contact information where DTO's rules of conduct regarding the profession can be obtained (Telephone (0258)295 00 00, www.dto.org.tr)
  4. d) Privacy, data protection applicable to BUYER information applied by the SELLER use-processing and electronic communication rules to the BUYER and the BUYER's The permissions given to the SELLER on matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for exercising the rights of the parties,
  5. e) Shipping restrictions stipulated by the SELLER for the products,
  6. f) Payment accepted by the SELLER for the Products subject to the contract method-tools and the basic features of the Products, the total including taxes price (the total price to be paid by the BUYER to the SELLER, including related expenses ),
  7. g) Information about the procedures for the delivery of the Products to the BUYER and transportation-delivery-cargo costs,
  8. h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the responsibilities of the parties in these matters,
  9. i) Products and other goods and services for which the BUYER does not have the right to withdraw,
  10. j) In cases where the BUYER has the right of withdrawal, the conditions for using this right, If the right is not exercised within the period and procedure, the BUYER will lose its right of withdrawal,
  11. k) For Products that have the right of withdrawal, the product cannot be used within the withdrawal period. in accordance with the instructions, normal operation or technical specifications If it is damaged or altered due to lack of use BUYER's withdrawal request may not be accepted and in any case, SELLER

in cases where the SELLER accepts that the SELLER will be responsible for the defect in question. or deduct an amount it deems appropriate based on the change from the refund to be made to the BUYER ,

  1. l) How to return the products to the SELLER in cases where there is a right of withdrawal? and all related financial issues (return methods, costs and product price) including discounts and deductions that may be made for the reward points earned/used by the BUYER during the refund and return ).
  2. m) Details of the benefit conditions (special conditions) regarding various opportunities that may be applied from time to time on the BUYER's Website ,
  3. n) Depending on its nature, all other sales conditions included in this Agreement and this After the contract is approved and established by the BUYER on the WEBSITE, Since it is then sent to the BUYER by e-mail, the information requested by the BUYER It can be stored for a period of time and accessed here, and the SELLER can keep it for three years .
  4. o) In cases of dispute, the BUYER can forward his/her complaints to the SELLER. their contact information and legal applications in accordance with the relevant provisions of Law No. 6502. to District/Provincial Arbitration Committees and Consumer Courts as appropriate .
  5. SELLER INFORMATION

Title : YASEMİN TEKSTİL SAN. AND TRADE Inc.

Address : Kumkısık, Süleyman Demirel Cd. No:14, 20170 Pamukkale/Denizli Mersis :

Phone : (0258) 267 15 67 

Fax : -

Email address : info@jojuke.com

  1. RECEIVER INFORMATIONS

Person to be delivered :

Delivery address :

Telephone :

Fax :

Email/Username :

  1. INFORMATION OF THE PERSON WHO PLACED THE ORDER

Name/Surname/Title :

Address :

Telephone :

Fax :

Email/Username :

  1. BILLING INFORMATION

Name/Surname/Title :

Address :

Telephone :

Fax :

Email/Username :

Invoice Delivery: The invoice will be delivered together with the order to the delivery address during order delivery.

  1. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

9.1. Basic characteristics of the goods/products/services (type, quantity, brand/model, color, quantity) are available on the SELLER's website. You can review the basic features of the product during the campaign.

9.2. The prices listed and announced on the site are the sales price. Announced prices and Promises are valid until updated and changed. Prices announced periodically are valid until the end of the specified period.

9.3. Sales price of the goods or services subject to the contract, including all taxes shown in the table below. 

Product Description Quantity Cash Price Subtotal (VAT Included)

Delivery address :

Person to be delivered :

Billing address :

Order date :

Delivery method :

9.4. Additional fees such as shipping fee, which is the cost of shipping the product, and any other taxes, duties and fees will be paid by the BUYER.

  1. GENERAL PROVISIONS

10.1. BUYER, the basic characteristics of the Product subject to the Contract on the Website, Read and be informed about the preliminary information regarding the sales price, payment method and delivery. I accept, declare and undertake that I have given the necessary confirmation electronically. It does. BUYER's; Confirming the Preliminary Information electronically, distance

Before the establishment of the sales contract, the SELLER provides the BUYER with address to be given, basic features of the ordered products, He/she accepts, declares and undertakes that he/she has obtained the price including taxes, payment and delivery information accurately and completely .

10.2. Each product subject to the contract, provided that it does not exceed the legal period of 30 days. Preliminary information on the website depending on the distance of the BUYER's residence During the period specified in the BUYER or the person at the address specified by the BUYER. and/or delivered to the organization. If the BUYER does not fulfill its obligation within this period, the BUYER may terminate the Contract.

10.3. SELLER shall deliver the product subject to the contract completely, with the qualifications specified in the order. appropriate and available warranty documents, user manuals, information and information required for the job legal documents, free from any defects, in accordance with the requirements, in a robust manner, in accordance with the standards, with accuracy and To perform within the principles of honesty, to maintain and improve service quality, He accepts, declares and undertakes to show the necessary care and attention during the performance of the work and to act with prudence and foresight .

10.4. SELLER, before the expiry of the performance obligation arising from the Contract. A different product of equal quality and price may be supplied by informing the BUYER and obtaining his express approval.

10.5. BUYER shall complete this Agreement for the delivery of the Product subject to the Agreement. that it will confirm electronically, for any reason, the subject of the Contract Failure to pay the product price and/or cancellation in the records of the bank or financial institution If the SELLER's obligation to deliver the product subject to the contract is accepts, declares and undertakes that it will end. Bank for any reason and/or the failure code was sent by the financial institution, but the bank BUYER regarding the payments made to the SELLER by the financial institution and/or The SELLER accepts, declares and undertakes that it has no liability .

10.6. BUYER, the product subject to the contract is shown by the BUYER or BUYER. After delivery of the BUYER's credit card to the person and/or organization at the address, The product subject to the Contract as a result of unfair use by unauthorized persons Failure to pay the price to the SELLER by the relevant bank or financial institution In case, the BUYER will pay the transportation expense for the product subject to the contract within 3 days. He accepts, declares and undertakes that he will return it to the SELLER at the expense of the SELLER .

10.7. SELLER, unforeseen and unforeseen events that develop beyond the will of the parties. Situations that prevent and/or delay the parties from fulfilling their obligations Due to force majeure situations such as the occurrence of If it cannot be delivered within the time limit, it accepts, declares and declares that it will notify the BUYER about the situation. 

commits. BUYER must cancel the order and return the product subject to the contract. If there is a situation preventing its replacement with a similar one and/or the delivery time, The right to request from the SELLER to postpone the transaction until it ceases to exist. has. If the order is canceled by the BUYER, the BUYER will be paid in cash. For the payments made, the product amount will be transferred to him/her in cash and within 10 (ten) days.

It is paid in one lump sum. In payments made by the BUYER by credit card, the product amount, within 7 (seven) days after the order is canceled by the BUYER. is returned to the bank. BUYER, the amount refunded to the credit card by the SELLER The average process for reflection by the bank to the BUYER's account is 2 (two) It may take up to 3 (three) weeks, and after this amount is returned to the bank, the BUYER The reflection on your accounts is entirely related to the bank transaction process. Therefore, the BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays.

10.8. BUYER shall inspect the goods/services subject to the contract before receiving them. will; dents, broken, packaging torn, etc. Cargo of damaged and defective goods/services will not receive delivery from the company. The goods/services received are undamaged and will be deemed to be solid. After delivery, the goods/services must be handled with care. The responsibility for protection belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

10.9. The BUYER and the credit card holder used during the order are the same person. or the credit used in the order before the product is delivered to the BUYER. If a security vulnerability is detected regarding the card, the SELLER ID and contact information of the holder, a copy of the credit card used in the order the previous month's statement or the credit card from the cardholder's bank may request the BUYER to submit a letter stating that it belongs to him/her. In the period until the BUYER obtains the information/documents subject to the request. The order will be frozen and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

10.10. BUYER, the personal and that other other information is true, the SELLER declares that this information is true. The SELLER declares and undertakes to compensate all damages incurred due to non-compliance immediately, in cash and in lump sum, upon the first notification of the SELLER .

10.11. While BUYER uses the SELLER's website, legal regulations accept and undertake to comply with the provisions and not to violate them. It does. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

10.12. BUYER shall not use the SELLER's website in any way to disturb public order. disruptive, against public morality, in a way that disturbs and harasses others, Violating the material and moral rights of others for an unlawful purpose cannot be used in such a way as to Additionally, the member may not allow others to use the services. Preventive or hindering activities (spam, virus, trojan horse, etc.) cannot be carried out.

10.13. Via the SELLER's website, under the SELLER's own control other companies that are not owned and/or operated by other third parties. Links to websites and/or other content may be provided. These links are for the BUYER It has been placed to provide ease of navigation and does not allow access to any website. or the person operating that site and does not constitute any warranty for the information contained in the linked website .

10.14. One or more of the items listed in this membership agreement The member who violates several of these violations will be subject to criminal and civil liability for this violation. is responsible and holds the SELLER free from the legal and criminal consequences of these violations. It will hold. Moreover; Due to this violation, the incident should be referred to the legal field In case of non-compliance with the membership agreement, the SELLER reserves the right to claim compensation against the member.

  1. SPECIAL CONDITIONS

11.1. Shopping from more than one boutique on the BUYER Website in a single basket will be able to do it. For each product purchased from a different boutique in the same basket More than one invoice may be issued by the SELLER. room for doubt It should be noted that the SELLER, the BUYER, from different boutiques It will be possible to deliver the products it has purchased at different times, provided that it remains within the legal period in the legislation .

11.2. SELLER, at its sole discretion, on the Website For BUYERS, conditions are determined by the SELLER at various times. various campaigns (from one and/or more than one boutique at the same time In cases where purchases are made in amounts determined by the SELLER Discounts of the type determined by the BUYERS are reflected to the BUYERS. campaigns). However, the products purchased by the BUYER for any reason refund, right of withdrawal etc. If returned for any reason, the SELLER Failure to meet the campaign conditions for any reason In this case, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.

11.3. BUYER can benefit from more than one campaign on the same invoice In this case, the campaigns will not be combined, the BUYER will only receive one will be able to benefit from the campaign. BUYER accepts, declares and undertakes that he will not make any claims in such a case .

11.4. You can access the campaigns announced on the SELLER Website at any time. The right is reserved to suspend, update and change campaign conditions. BUYER must review the campaign conditions before each purchase from the Website .

11.5. Your bank organizes campaigns to increase the number of installments you choose. You can apply a higher number of installments and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and are carried out within the knowledge of the SELLER. If available, information about the campaigns is provided on our pages. The order total will be converted to the number of installments starting from the statement date of your credit card. It will be divided and reflected on your credit card statement by your bank. Bank installment amounts equally over the months, taking into account the fractional differences. It may not distribute. Creating your detailed payment plan is at the discretion of your bank.

  1. PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND RULES REGARDING INTELLECTUAL PROPERTY

12.1. Personal data within the scope of Personal Data Protection Law No. 6698 Name, surname, e-mail address, TR ID number, demographic data, financial data, etc. of the BUYER who can be identified as. informations;

* taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, - if approved - marketing about orders, products and services to be used in its activities, to update the BUYER's information and Established between BUYER and SELLER with the management and maintenance of memberships for the purpose of execution of distance sales contracts and other contracts and for third parties to carry out technical, logistics and other similar functions on behalf of the SELLER SELLER, SELLER affiliates and third parties and/or organizations to provide can be recorded indefinitely/temporarily and preserved in written/magnetic archives by can be used, updated, shared, transferred and processed in other ways.

12.2. To BUYERS, in accordance with the applicable legislation, all kinds of products and promotion, advertising, communication, promotion, sales and marketing regarding services YASEMİN for credit card and membership information, transactions and applications. TEXTILE IND. AND TRADE Inc. by SMS/text message, instant notification, automatic dialing, computer, telephone, e-mail/mail, fax, other electronic communication Commercial electronic communications can be made using these tools, and the BUYER has agreed to receive commercial electronic messages.

12.3. Information and transactions entered by the BUYER on the Website necessary precautions for security, in the Seller's own system infrastructure, according to the nature of the information and process, within today's technical possibilities taken. However, the information in question is not available from the devices belonging to the BUYER. Once entered, they are protected by the BUYER and cannot be accessed by irrelevant persons. The BUYER is responsible for taking the necessary precautions, including those regarding viruses and similar harmful applications .

12.4. BUYER may contact the SELLER through the specified communication channels and request data usage, processing and/or communications to be stopped at any time. According to the BUYER's clear notification on this matter, personal data processing and/or Communications to the party are stopped within the legal maximum period; Also, if he wishes, legally information other than those that need to be kept and/or are possible, data recording It is deleted from the system or anonymized so that its identity cannot be known. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom they are transferred, If it is incomplete or incorrect, it is corrected and the corrected information is sent to the relevant third party. notifying individuals, deleting or destroying data, using automated systems Objection to the emergence of a result against him/her through analysis, In case of damage due to unlawful processing of data You can always contact the SELLER and get information on issues such as troubleshooting. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.

12.5. All kinds of information and content of the Website and their arrangement, Regarding its revision and partial/full use; SELLER's agreement

Except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to YASEMİN TEKSTİL SAN. AND TRADE It belongs to A.Ş.

12.6. Other sites accessed from the Website have their own privacy and security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.

  1. RIGHT OF WITHDRAWAL

13.1. BUYER; In distance contracts regarding the sale of goods, the product itself or legally 14 days from the date of delivery to the person/organization at the address indicated. Although it is 14 (fourteen) days, as a company principle, within 15 (fifteen) days. The right to withdraw from the contract by rejecting the goods without giving any reason can use. In distance contracts regarding service provision, this period It starts from the date the contract is signed. BUYER's right of withdrawal The notification regarding the use must be directed to the SELLER within this period. is required. BUYER accepts the distance contract or any corresponding Before accepting an offer, the details of which are specified in the regulation and It is clear that he/she will be obliged to pay if he/she confirms the order. and is understandably informed by the seller or supplier and the BUYER accepts in advance that he/she has been informed. Before the right of withdrawal expires, Withdrawal in service contracts where the service begins with the approval of the consumer The right cannot be used. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.

13.2. Within 15 (fifteen) days to exercise the right of withdrawal Written notification to the SELLER via registered mail, fax or e-mail. and the "Right of Withdrawal" regulated under Article 11 of the product. It must not have been used within the framework of the "Products that cannot be used" provisions . If this right is exercised,

  1. a) Invoice of the product delivered to the person or the BUYER, ( If the product's invoice is corporate, when returning it, the refund issued by the institution It must be sent along with the invoice. Invoice on behalf of institutions Order returns issued will not be completed unless a RETURN INVOICE is issued.)
  2. b) Return form,
  3. c) The products to be returned must be delivered complete and undamaged, along with their box, packaging and standard accessories, if any.
  4. d) SELLER, within 10 days from the date of receipt of the notice of withdrawal. the total price within the daily period and the documents that put the BUYER in debt. It is obligatory to return the goods to the BUYER and receive the goods within 20 days .
  5. e) A decrease in the value of the goods due to a reason caused by the BUYER's fault If this happens or the return becomes impossible, the BUYER is obliged to compensate the SELLER for its damages in proportion to its fault.
  6. f) Issued by the SELLER due to the exercise of the right of withdrawal If the campaign limit amount falls below, the discount amount used within the scope of the campaign will be cancelled.

In cases where the BUYER exercises his right of withdrawal or in cases where the order is subject to If the product cannot be supplied for various reasons or by the decisions of the arbitration committee In cases where it is decided to refund the price to the BUYER, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:

Depending on how many installments the BUYER purchased the product in, the Bank will repay the BUYER in installments. is doing. After the SELLER pays the bank the entire price of the product at once, Then, the installment expenditures made from the bank POS will be transferred to the BUYER's credit card. in case of extradition, in order to prevent the parties involved in the matter from being victimized. The requested refund amounts will be transferred to the holder party accounts in installments. Transferred by. Installment paid by the BUYER until the cancellation of the sale amounts, every month, if the refund date and the card's cut-off date do not coincide. 1 (one) refund will be reflected on the card and the BUYER will pay the installments paid before the refund. After the installments of the sale are completed, the person will receive an additional month equal to the number of installments he paid before the refund and will be deducted from his current debts.

  1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Distance contracts published in the Official Gazette dated 27.11.2014 The provisions of Article 15 titled "Exceptions of the right of withdrawal" of the regulation and Distance sales contract approved electronically between the parties It has not been used within the framework of the provisions of Article 6 and has not been reused by the seller. It must be marketable. BUYER will not be able to use his right of withdrawal in the following cases:

  1. a) whose price varies depending on fluctuations in financial markets and In contracts regarding goods or services that are not under the control of the seller (products in the jewelry, gold and silver category).
  2. b) Prepared in line with the wishes or personal needs of the consumer
  3. c) Goods that can quickly deteriorate or expire.
  4. d) Protective elements such as packaging, tape, seal, package after delivery. from opened goods; Those whose return is not suitable in terms of health and hygiene
  5. e) Protective elements such as packaging, tape, seal, package should be provided by the consumer. Book, audio or video presented in physical form, provided that it has been opened records, software programs and computer consumables (all kinds of software and programs, DVD, VCD, CD and cassettes, computer and stationery consumables in contracts regarding supplies (toner, cartridge, ribbon, etc.) telephone top-up orders) .
  6. f) After the delivery of the goods, protective elements such as packaging, tape, seal, package should be removed. in books, digital content and computer consumables offered in physical form if opened .
  7. g) In periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement .
  8. h) Accommodation, goods and services that must be carried out on a certain date or period. transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation.
  9. i) In services performed instantly in electronic environment or products delivered instantly to the consumer.
  10. j) For services that are started to be performed with the approval of the consumer before the right of withdrawal expires .
  11. DEFAULT AND LEGAL CONSEQUENCES

In case the BUYER defaults on the transactions made by credit card, Credit card agreement made by the cardholder bank Accepting that he will pay interest and be responsible to the bank within the framework of declares and undertakes. In this case, the relevant bank may take legal action; You may request the expenses and attorney's fees that may arise from the BUYER and under any circumstances. In case the BUYER defaults on its debt, the BUYER shall be responsible for the debt. The SELLER accepts, declares and undertakes to pay any loss or damage suffered by the SELLER due to delayed performance .

  1. EVIDENCE AGREEMENT AND COMPETENT COURT

16.1. Any and all matters that may arise from this Agreement and/or its implementation. In resolving the dispute, SELLER records (such as computer-voice recordings) (including records on magnetic media) constitute conclusive evidence. Parties, the Agreement within the framework of the legislation in disputes arising from its application and interpretation residence of the BUYER and SELLER within the determined monetary limits. In cases exceeding the Consumer Arbitration Committees in their location, the BUYER and the SELLER have accepted that the Consumer Courts will be authorized.

  1. FORCE

In case the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this Agreement. SELLER, promise The subject Agreement has been read and accepted by the BUYER on the site. Software that will prevent orders from being placed without receiving confirmation that they have been placed is responsible for making the arrangements.