DISTANCE SALES AGREEMENT
PLEASE NOTE: In accordance with the relevant law, please print and read the agreement text below in 12-point bold font. In addition, every buyer who shops through our website shall be deemed to have read and accepted all provisions of the sales agreement set out below without the need for any further notice.
ARTICLE 1: PARTIES TO THE AGREEMENT
SELLER: Havens Tekstil Otomotiv İnşaat Sanayi ve Ticaret Limited Şirketi
ADDRESS: Şirinevler Mah. Hürriyet Cd. No:263/A Nazilli/Aydın
TEL.: 0850 305 20 31
EMAIL: info@havensbutik.com
BUYER: Customer (The Buyer is the person who makes a purchase through the Seller’s website at www.havensbutik.com. The address and contact information declared by the Buyer in the invoice and contact details shall be taken as basis.)
By accepting this agreement, the BUYER acknowledges in advance that if the order subject to this agreement is approved, the BUYER will be under the obligation to pay the order amount and any additional charges specified such as shipping fees and taxes, and that the BUYER has been informed accordingly.
ARTICLE 2: SUBJECT OF THE AGREEMENT
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the goods/services, the characteristics and sales price of which are specified in this agreement, ordered electronically by the Buyer through the Seller’s website www.havensbutik.com.
The Buyer accepts and declares under the provisions of this agreement that they have been informed about the main characteristics of the goods/services subject to sale, the sale price, payment method, delivery conditions, and all preliminary information regarding the goods/services subject to sale, as well as the right of “withdrawal,” that they have confirmed this preliminary information electronically, and that they subsequently placed the order for the goods/services. Likewise, since the return of products whose protective elements such as packaging, tape, or wrapping have been opened after delivery is not suitable for health and hygiene reasons, the right of withdrawal cannot be exercised under any circumstances. Opening the product packaging falls within the exceptions to the right of withdrawal.
The prices listed and announced on the site are the sales prices. The announced prices shall remain valid until updated or changed. If a product is announced for a specific period, the announced price shall remain valid until the end of that specified period.
The Buyer accepts and undertakes that the data entered into the system both while becoming a member of the site and during shopping belong to them or that they are authorized to use and share such data; that they will not enter into the system any data belonging to them for which they do not have rights of use or any data for which they have no right of use; otherwise all responsibility shall belong to them. The preliminary information and invoice on the payment page of www.havensbutik.com are integral parts of this agreement. Once the order is placed, the Buyer shall be deemed to have accepted all conditions of this agreement. The prices listed and announced on the site are the sales prices. The announced prices and commitments remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
ARTICLE 3: DATE OF THE AGREEMENT, DELIVERY OF THE GOODS/SERVICES, PLACE OF PERFORMANCE OF THE AGREEMENT, AND METHOD OF DELIVERY
This agreement has been executed on the date the order is placed by the Buyer. The goods/services shall be delivered to the Customer at the address requested by the Buyer for delivery. Packages thought to have been damaged during shipment must be opened and checked in the presence of the authorized representative of the delivery company. If there is any damage to the product, a report must be prepared by the cargo company and the product must not be accepted. If no report is prepared, the BUYER shall be deemed to have accepted that the cargo company has fully performed its duty once the product is received.
ARTICLE 4: GENERAL PROVISIONS
4.1.
The BUYER accepts that they have read and been informed about the basic characteristics of the products shown on the WEBSITE, the sales price, payment method, and the preliminary information regarding delivery, and that they have given the necessary confirmation electronically for the sale.
4.2.
The PRODUCT shall be delivered, together with its invoice, packaged and intact, to the delivery address specified by the BUYER on the WEBSITE, within 30 days at the latest.
4.3.
If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held liable if such person/organization refuses to accept delivery.
4.4.
The BUYER is responsible for checking the PRODUCT upon receipt and, if they notice any problem arising from shipment, for refusing acceptance of the PRODUCT and having a report drawn up by the CARGO company official. Otherwise, the SELLER shall not accept liability.
4.5.
The Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
4.6.
Unless otherwise provided in writing by the SELLER, the BUYER must have paid the price of the PRODUCT in full before taking delivery. If the PRODUCT price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the agreement and may choose not to deliver the PRODUCT.
4.7.
If, for any reason after the delivery of the PRODUCT, the bank/financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned by the BUYER to the SELLER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual and statutory rights of the SELLER, including the right to pursue collection of the PRODUCT price, are expressly reserved in all circumstances. For the avoidance of doubt: deferred/installment payment options provided by institutions such as banks and finance companies issuing credit cards, installment cards, etc. constitute a loan and/or an installment payment facility directly provided by the said institution; accordingly, PRODUCT sales in which the SELLER has collected the full price shall not be deemed installment sales in terms of the parties to this Agreement, but cash sales. The SELLER’s legal rights in cases legally regarded as installment sales (including the right to terminate the agreement and/or demand payment of the entire remaining debt together with default interest if any installment is not paid) are existing and reserved. In the event of default by the BUYER, a monthly default interest of 5% shall apply.
4.8.
If the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances beyond normal sales conditions (such as adverse weather conditions, earthquakes, floods, fires, etc.) and if the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In such case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstance ends. If the PRODUCT price has been collected in cases of order cancellation, it shall be refunded to the BUYER within 10 days from the cancellation. For credit card payments, the refund shall be made to the BUYER’s credit card or bank account.
4.9.
The BUYER may communicate requests and complaints regarding the PRODUCT and the sale to the SELLER through the communication channels stated in the introduction section of the Agreement.
4.10.
For the delivery of the product subject to the agreement, the product price must have been paid by the payment method chosen by the BUYER. If for any reason the product price is not paid or is cancelled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.11.
The SELLER has the right to contact the BUYER through the address, e-mail address, fixed and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or later updated by the BUYER, by letter, e-mail, SMS, phone call, and other means, for communication, notification, and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed to them. The BUYER’s rights set forth in the Disclosure Statement and Privacy Policy on the Site are reserved.
4.12.
The BUYER accepts and undertakes from the outset to comply with the provisions of applicable legislation and not to violate them while using the website belonging to the SELLER. Otherwise, all legal and criminal liabilities arising therefrom shall be borne fully and exclusively by the BUYER.
ARTICLE 5: RIGHT OF WITHDRAWAL
You may return the order delivered to you within 14 days, with customer service approval, without opening the SELLER’s product box in any way. After your order reaches our return warehouse, it will be examined, and once approval is given that it has not been opened, your refund will be processed to your bank.
Please open and inspect packages that you believe were damaged during shipment in the presence of the cargo company official before accepting delivery. If there is any damage to the product, do not accept delivery of the product and have a report prepared by the cargo company. Please note that if you do not have a report prepared, you will be deemed to have accepted that the cargo company has fully performed its duty after the product has been received.
If any deterioration, breakage, damage, tearing, use, or similar condition is detected in the product, and the product is not returned in the same condition as when it was delivered to the customer, the product shall not be accepted for return and the price shall not be refunded.
If you return the product, your return transaction will be finalized within seven (7) business days from the date the product reaches the company.
After approval of the return transaction, credit card refunds will be made within 5 business days. Your bank may not reflect credit card refunds to your account in the same statement period. In this case, you need to contact your bank’s credit card service.
ARTICLE 6: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information specified in this Agreement by the BUYER and the information notified to the SELLER for the purpose of making payment shall not be shared by the SELLER with third parties other than the contracted cargo company. If the SELLER is required to disclose such information within the framework of administrative or legal obligations, the BUYER may not hold the SELLER liable. The SELLER declares that, for the purpose of the formation and performance of this Agreement, it shall duly process the personal data of the BUYER, who is a party to the Agreement, within the framework of its primary and secondary obligations arising from Law No. 6698, that it shall ensure data security in order to prevent the unlawful processing, access, and disclosure of the personal data obtained from the BUYER, as well as to ensure their preservation, and that sufficient technical and administrative measures have been taken within this scope. The SELLER shall also, in compliance with the retention periods prescribed in other laws, delete, destroy, or anonymize data whose processing purpose has ceased to exist. By approving this Agreement, the BUYER accepts, declares, and undertakes that they have been informed by the SELLER, within the scope of the Disclosure Statement, regarding the processing of personal data in accordance with Law No. 6698.
ARTICLE 7: EVIDENCE AGREEMENT, COMPETENT COURT, AND ENTRY INTO FORCE
In the resolution of all disputes that may arise from and/or the implementation of this Agreement, the SELLER’s records (including records kept in magnetic media such as computer and audio records) shall constitute conclusive evidence; up to the value announced by the Ministry of Science, Industry and Technology, Consumer Arbitration Committees shall be authorized, and in cases exceeding such value, the ISTANBUL ANADOLU Consumer Courts and Enforcement Offices shall have jurisdiction.
The BUYER declares, accepts, and undertakes that they have read all terms and explanations written in this agreement and in the order form constituting an integral part hereof, that they have received and examined the sales conditions and all other preliminary information, and that they have accepted all of them in full.
When the BUYER completes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this agreement. The SELLER is obliged to make the necessary software arrangements in such a way that, before the order is finalized, confirmation is obtained that this agreement has been read and accepted by the BUYER on the site.