Distance Sales Agreement

1 - PARTIES

SELLER

  • Seller Name/Title:
  • Seller's Full Address:
  • Seller's Telephone:
  • Seller MERSIS No:
  • Seller E-mail Address:
  • Courier Company the Buyer Will Use to Return the Goods to the Seller:

BUYER

  • Name – Surname:
  • Address:
  • Telephone:
  • E-mail:

SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement (the "Agreement") has been drawn up in accordance with Law No. 6502 on the Protection of the Consumer (the "Law") and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they know and understand their obligations and responsibilities arising under the Law and the Regulation on Distance Contracts within the scope of this Agreement.

The subject of this Agreement is the determination of the rights and obligations of the parties, in accordance with the provisions of the Law and the Regulation on Distance Contracts, regarding the sale and delivery of the goods or services with the qualities specified in the Agreement, for which the Buyer has placed an electronic order to purchase from the website with the domain rheyacose.com (the "Website").

The conclusion of this Agreement shall not prevent the performance of the provisions of the parties' respective rheyacose.com Membership Agreements, and the parties acknowledge and declare that rheyacose.com is in no way a party to the sale of the goods or services subject to this Agreement and has no responsibility or undertaking regarding the fulfilment of the parties' obligations under the Agreement.

ESSENTIAL CHARACTERISTICS AND PRICE (VAT INCLUDED) OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT

Product Code and Name

Quantity

Seller Title

Unit Price

Unit Discount

Coupon

Points

Total Sale Amount

Interest for Instalments

Total Amount Including VAT

Announced prices and offers are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.

  • Total product amount excluding shipping:
  • Shipping Fee:
  • Total Amount Including Shipping:
  • Payment Method and Plan:
  • Interest for Instalments Charged:
  • Interest rate used in calculating the instalment interest:

THE PRODUCT AMOUNT IN QUESTION IS COLLECTED FROM THE BUYER BY RHEYACOSE.COM ON BEHALF OF THE SELLER, WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS/SERVICE TO RHEYACOSE.COM, THE BUYER SHALL BE DEEMED TO HAVE PAID THE PRODUCT PRICE TO THE SELLER.

DELIVERY OF THE GOODS AND METHOD OF DELIVERY

The Agreement enters into force upon its electronic approval by the Buyer and is performed upon the delivery to the Buyer of the goods or services purchased from the Seller. The goods will be delivered to the address and to the authorised person(s) specified by the Buyer in the order form and in this Agreement.

DELIVERY COSTS AND PERFORMANCE

Unless otherwise provided, delivery costs of the goods belong to the Buyer. If the Seller has declared on the Website that the delivery fee will be covered by the Seller, the delivery costs shall belong to the Seller.

Delivery of the goods is made within the committed period after payment has taken place. Except in cases where performance of the ordered goods or service becomes impossible, the Seller delivers the goods or service within 30 (thirty) days from the Buyer's order.

If, for any reason, the price of the goods or service is not paid by the Buyer or the payment made is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the goods or service.

In the case of order cancellations made by the Buyer after the goods have been handed to the courier by the Seller but before they are received by the Buyer, the Buyer is responsible for the shipping cost.

In cases where performance of the ordered goods or service becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date it becomes aware of the situation, and will refund all payments collected, including delivery costs if any, within at most 14 (fourteen) days from the notification date.

DECLARATIONS AND UNDERTAKINGS OF THE BUYER

The Buyer declares that they have read and are informed of the preliminary information uploaded by the Seller on the Website regarding the essential characteristics, sale price and payment method of the goods or services subject to the Agreement, and the delivery and shipping fee, and that they have given the necessary confirmation electronically.

Buyers may submit their requests and complaints, in their capacity as consumers, using the Seller contact information above and/or via My Account > My Product Questions on the Website.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have accurately and completely obtained the address, the essential characteristics of the ordered goods or service, the price of the goods or service including taxes, and the payment, delivery and delivery-price information that must be provided to the Buyer by the Seller before the conclusion of distance contracts. If the Buyer receives from the courier company the goods or service subject to the Agreement that are clearly damaged and defective at the time of delivery — such as being ruined, broken or with torn packaging — the responsibility belongs entirely to the Buyer.

If, after the delivery of the goods or service, the Buyer's credit card is used unfairly or unlawfully by unauthorised persons through no fault of the Buyer, and consequently the relevant bank or financial institution does not pay the price of the goods or service to the Seller, the Buyer is obliged to return the goods or service to the Seller within 3 (three) days, provided it has been delivered to them. In this case, delivery costs belong to the Buyer.

DECLARATIONS AND UNDERTAKINGS OF THE SELLER

The Seller is responsible for delivering the goods or service subject to the Agreement to the Buyer in accordance with consumer legislation — sound, complete, in line with the qualities specified in the order, and with warranty documents and user manuals if any.

If the Seller cannot deliver the goods or service subject to the Agreement within the period due to force majeure or extraordinary circumstances preventing transport, it is obliged to notify the Buyer within 3 (three) days from the date it becomes aware of the situation.

If the goods or service subject to the Agreement is to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the designated recipient's refusal to accept the delivery.

RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days — from the delivery date for transactions relating to the sale of goods, and from the purchase date for transactions relating to the sale of services — without assuming any legal or criminal liability and without giving any reason. The Buyer may also exercise the right of withdrawal during the period up to the delivery of the goods.

The Buyer may exercise the right of withdrawal by logging in to rheyacose.com and clicking the "Return" link under My Account > Current Order > My Orders. The Buyer must fill in the return request form on the relevant page, obtain the Seller's return address details, and send the goods back within 10 (ten) days from the date they exercise the right of withdrawal. The goods must be returned complete and undamaged together with their invoice, box, packaging, any standard accessories, and any other products gifted with the goods. The Buyer is not responsible for changes and deterioration that occur if the goods have been used in accordance with their operation, technical specifications and instructions for use during the withdrawal period.

As long as the Buyer sends the goods to be returned via the Seller's contracted courier company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If the Buyer sends the goods to be returned via a courier company other than the Seller's contracted courier specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost or for any damage the goods may suffer during shipping.

Within 14 (fourteen) days of the Buyer exercising the right of withdrawal (provided the goods are returned via the carrier specified by the Seller for the return), all payments made by the Buyer to the Seller or Intermediary Service Provider for the relevant goods or service will be refunded to the Buyer in a single payment, in a manner appropriate to the payment instrument used at purchase, without any cost or obligation to the consumer. In purchases made using credit, where the right of withdrawal is duly exercised, the product price will be refunded to the account linked to the credit.

CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to legislation, the Buyer cannot exercise the right of withdrawal in the following cases:

Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the Seller's control (e.g. products in the jewellery, gold and silver category); contracts for the delivery of goods prepared in line with the Buyer's requests or clearly their personal needs, which by their nature are not suitable for return and are liable to spoil quickly or may pass their expiry date; goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not suitable for health and hygiene reasons; goods that become mixed with other products after delivery and cannot by their nature be separated; contracts relating to books, audio or video recordings, software programs and computer consumables provided in a physical medium, provided their protective elements such as packaging, tape, seal or wrapping have been opened by the Buyer; contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement; contracts relating to accommodation, transport of goods, car rental, food and beverage supply, and the use of leisure time for entertainment or recreation, which must be performed on a certain date or period; contracts for the performance of services relating to betting and lotteries; contracts relating to services the performance of which has begun with the consumer's approval before the end of the withdrawal period; and contracts relating to services performed instantly in electronic media and intangible goods delivered instantly to the consumer (gift cards, gift vouchers, coupons that serve in place of money and the like).

The right of withdrawal cannot be exercised for goods or services excluded from the scope of the Regulation on Distance Contracts (foodstuffs, beverages or other daily consumption goods delivered to the Buyer's residence through the Seller's regular deliveries, and services in areas such as travel, accommodation, catering and the entertainment sector).

The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to the practices and rules of each Seller.

RESOLUTION OF DISPUTES

Responsibility for the goods or service sold within the scope of the Law and the Regulation on Distance Contracts belongs to the Seller personally. Nevertheless, Buyers shall convey their complaints about the goods and services they purchase directly to the Sellers or via Rheyacose.com. If the complaint is conveyed to Rheyacose.com, Rheyacose.com will provide all possible support to resolve the issue.

In disputes arising from this Distance Sales Agreement, the Provincial or District Consumer Arbitration Committees at the Buyer's place of residence or the place where they purchased the product are authorised up to the value announced each year by the Ministry of Customs and Trade; for disputes above that value, the Consumer Courts are authorised.

PRICE OF THE GOODS/SERVICE

The cash or instalment sale price of the goods is included in the order form, and is also the price contained in the information e-mail sent at the end of the order and in the invoice sent to the customer with the product. Discounts, coupons, shipping fees and other applications made by the Seller or Rheyacose.com are reflected in the sale price.

DEFAULT AND ITS LEGAL CONSEQUENCES

If the Buyer defaults on transactions made with a credit card, the cardholder will pay interest within the framework of the credit card agreement made with their bank and will be liable to the bank. In this case, the relevant bank may take legal action; it may claim the resulting costs and attorney's fees from the Buyer, and in any case, if the Buyer defaults due to their debt, the Buyer shall be liable for the loss and damage suffered by the Seller due to the delayed performance of the Buyer's debt.

NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence between the parties under this Agreement shall, except for the mandatory cases listed in the legislation, be carried out via My Account > My Product Questions on the Website or by e-mail. The Buyer accepts, declares and undertakes that, in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Rheyacose.com, and the electronic information and computer records kept in their own database and servers, shall constitute binding, conclusive and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ENTRY INTO FORCE

This Agreement, consisting of 14 (fourteen) articles, was read by the parties and concluded and entered into force on 11/09/2019, by being approved electronically by the Buyer.

SELLER

BUYER