Distance Sales Agreement
This agreement is entered into between Habes Tekstil (hereinafter referred to as the SELLER) on one side and the End User (hereinafter referred to as the BUYER) on the other side.
Article 2: SUBJECT
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. 4077 and the Regulation on the Principles and Procedures of Distance Contracts, regarding the sale and delivery of products with the qualities specified in this agreement, ordered by the BUYER electronically through the website www.habestekstil.com owned by the SELLER, and whose content and sales price are indicated on the website.
The BUYER acknowledges and declares that they are informed about all preliminary details regarding the product subject to the sale, such as its essential qualities, sales price, payment method, delivery conditions, and the right of withdrawal; that they have confirmed this preliminary information electronically; and that they have subsequently placed an order for the product in accordance with the terms of this agreement. The preliminary information and the invoice available on the habestekstil.com website are integral parts of this agreement.
Once the order is placed, the BUYER is deemed to have accepted all the terms and conditions of this agreement.
Article 3: GENERAL PROVISIONS
3.1- The BUYER acknowledges and declares that they have read and understood all essential details about the product(s) subject to this agreement, including their main characteristics, features, sales price inclusive of VAT, payment method, and delivery terms, as specified on the SELLER's website, and that they have given their consent to purchase the product(s) electronically based on this information.
3.2- The product(s) subject to the agreement shall be delivered to the individual or organization at the address specified by the BUYER within the delivery period stated in the product information on the website. The delivery time depends on the distance between the BUYER's delivery address and the SELLER, provided that the legally regulated delivery period of 30 days is not exceeded.
3.3- The SELLER cannot be held responsible for the failure or refusal of the individual or organization at the delivery address specified by the BUYER to accept the delivery of the product(s).
3.4- The SELLER is responsible to the BUYER for delivering the product(s) subject to the agreement without defects, completely, and in accordance with the specifications stated in the agreement.
3.5- For the delivery of the product(s) subject to this agreement, a signed copy of the agreement must be submitted to the SELLER, and payment must be made using the payment method chosen by the BUYER. For electronically executed agreements, confirmation is also conducted electronically. If, for any reason, the payment for the product(s) subject to this agreement is not made or the payment order is canceled by the bank, the SELLER's obligation to deliver the product ceases.
3.6- In the event that the BUYER's credit card is used unfairly or unlawfully by unauthorized persons for reasons not attributable to the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product(s) to the SELLER within 3 days from the delivery date, provided that the product has been delivered to the BUYER. The return shipping cost shall be borne by the BUYER.
3.7- If the SELLER cannot deliver the product(s) subject to this agreement on time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER is obliged to inform the BUYER. In such cases, the BUYER may choose to cancel the order, replace the product(s) with a similar one if available, and/or postpone the delivery until the hindering condition is resolved. If the BUYER opts to cancel the order, the amount paid by the BUYER shall be refunded in full within 10 days.
3.8- This agreement becomes valid after being electronically confirmed by the BUYER.
Article 4: RIGHT OF WITHDRAWAL
Goods that contain physical, legal, or economic defects that deviate from the standards or technical specifications specified in their packaging, label, manual, advertisement, or announcements, or notified by the seller, or that reduce or eliminate their value or the benefits expected by the consumer due to their allocation or usage purpose, are considered defective goods. If you discover that the goods you purchased are defective, you may request a refund of the price you paid, the replacement of the goods with non-defective ones, or a discount on the price to compensate for the defect within 7 days from the delivery date of the goods or services. In such cases, the shipping costs of the product will be borne by the SELLER.
In distance contracts concerning the sale of goods, the consumer has the right to withdraw from the agreement by refusing the goods within seven days from the date of delivery, without any legal or penal obligation and without providing any justification. If it is agreed in the contract that the service will be performed before the end of the seven-day period, the consumer may exercise the right of withdrawal up to the start date of the performance. The costs arising from the use of the right of withdrawal shall be borne by the SELLER.
Contracts concerning services that are performed instantly in an electronic environment or goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use. Even if the delivery of the goods is made to a person other than the consumer who is a party to the contract, the consumer may still exercise the right of withdrawal. In such cases, the seller shall retrieve the goods from the third party in accordance with the provision of the fourth paragraph of Article 9.
The consumer cannot exercise the right of withdrawal for goods that are manufactured upon the consumer’s special requests and demands or customized through modifications or additions made specifically for the individual.
Article 5: FORCE MAJEURE
Circumstances that did not exist or were unforeseen at the time the contract was signed, that develop beyond the control of the parties, and that render it partially or completely impossible for one or both parties to fulfill their obligations and responsibilities under the contract or to fulfill them on time, shall be considered as force majeure (natural disasters, war, terrorism, uprisings, legislative provisions, confiscation, strikes, lockouts, major disruptions in production or communication facilities, etc.). The party affected by the force majeure shall immediately notify the other party in writing. During the continuation of the force majeure, the parties shall not be held responsible for their inability to fulfill their obligations. If the force majeure persists for 10 (ten) days, each party shall have the unilateral right to terminate the contract.
Article 6: COMPETENT COURTS
In disputes that may arise from this agreement, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and the Consumer Courts in the settlement areas of the BUYER and the SELLER, or in the absence of a Consumer Court, the Civil Courts of First Instance, shall have jurisdiction.
Article 7: ENFORCEMENT
If the payment for the order placed through the website is completed, the BUYER shall be deemed to have accepted all terms of this agreement. The SELLER is obliged to implement software arrangements that ensure the order cannot be placed without the BUYER reading and accepting this agreement on the website.
All customers who receive services from habestekstil.com are deemed to have read and accepted this agreement.