DISTANCE SELLING CONTRACT
ARTICLE 1 – PURPOSE
This Distance Selling Contract sets out the rights and obligations of the parties in connection with the goods electronically ordered by the BUYER from the SELLER’s website as per the provisions of the Consumer Protection Law No. 6502 and Distance Selling Regulations. BUYER agrees to be informed about the following matters by reviewing the information at https://themforme.com/eng both prior to the establishment of this Contract, prior to placement of order and undertaking the payment liability.
ARTICLE 2 – PARTIES
INFORMATION ABOUT THE SELLER
E-mail for submitting the withdrawal notice:
Address for returning products:
INFORMATION ABOUT THE BUYER
ARTICLE 3 – FEATURES OF THE PRODUCT BEING SOLD AND PAYMENT TERMS
3.1. BUYER agrees and represents that s/he has read and made himself/herself familiar with the main qualities, sales price including any taxes, payment method and delivery about the product and that s/he has given the required confirmation in writing. BUYER agrees and represents that s/he has obtained all information which must be provided by https://themforme.com/eng the SELLER as per the Distance Selling Regulations prior to his/her agreement to this Contract.
3.2. The qualities and quantity of the product purchased by the BUYER are the same with the information on the website at https://themforme.com/eng and on the invoice. Once the product is sold, the order summary and the provisions of the selling contract are sent to BUYER’s e-mail address. In case of additional expenses for transportation and delivery, such details shall be also sent to BUYER’s e-mail address.
3.3. In case of any errors relating to the product price due to system errors of the website at https://themforme.com/eng the BUYER shall be immediately informed about the error. At BUYER’s option, either the transaction will be cancelled or the selling transaction will be proceeded using the actual price of the product.
3.4. The product price and the exchange rate for payment may vary depending on the location in where the BUYER is residing. The payment of the products purchased by the BUYER residing in Turkey shall be done in Turkish Lira exchange rate and the payment of the products purchased by the BUYER residing outside of Turkey shall be done in Euro and USD exchange rates. In the event that the BUYER uses VPN in order to alter its residing location and purchases the product, the VENDOR reserves the right to cancel the sales process accordingly.
3.5. While payment via credit card may be made in single installment, payments may be made in multiple installments depending on the contracts made with banks seasonally. Installment and possible later interest shall be at the discretion of the relevant bank.
3.6. For delivery of the product under the selling Contract, the product price must be paid with such method as preferred by the BUYER. In order for the payments could be made via credit cards, the BUYER needs to enter the credit card details fully on the payment field. In the event the product price is not paid or payment is cancelled by the bank, the SELLER may terminate the selling contract unilaterally and the SELLER shall no longer be under obligation to deliver the product.
ARTICLE 4 – DELIVERY OF THE PRODUCT
4.1. The SELLER may provide the SELLER with an estimated delivery deadline for the product purchased. Delivery lead time shall not exceed the legal period of 30 (thirty) days prescribed in the Regulations on Distance Selling Contracts. If, for any reason, the order may not be delivered within the period promised by the SELLER, such delay shall be notified to the BUYER.
4.2. The Product shall be delivered to the person at the delivery address designated by the BUYER, together with the invoice.
Any damages and expenses which may result from acceptance of the product by a person at the delivery address other than the BUYER shall not be the responsibility of the SELLER. In case of delivery to the person at the delivery address, this delivery shall be considered to be a delivery to the BUYER. SELLER shall be considered to have fulfilled its obligations.
4.3. BUYER shall be responsible for promptly checking the product at the time of delivery and promptly notify any defects to SELLER via the phone number in the contact details above.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF SELLER AND BUYER
5.1 SELLER shall be responsible for delivering the product under the Contract in accordance with the qualities and features listed in the order, in full, complete and together with any warranty certificates and user guidelines.
5.2. BUYER shall be responsible for promptly checking the product at the time of delivery, refuse the product in case of any problems related with the product or cargo, and issuing a report with the cargo company’s officer. In case of no determination and notification regarding the product status, then the product received shall be considered to be free from damages.
5.3. In cases where it becomes impossible for the SELLER to deliver the ordered products or services, the SELLER shall, within three days following the date when the seller becomes aware of this, be under obligation to notify the consumer in writing or via permanent data storage tools and must return all payments collected including any delivery expenses, if any, within maximum fourteen days following the date of notification. If the product is not available in the stock, this shall not be considered the impossibility of providing the product.
ARTICLE 6 – EXERCISE OF THE RIGHT TO WITHDRAW AND OBLIGATIONS OF THE PARTIES
BUYER shall have the right to withdraw from the contract within 14 (fourteen) days without any justification and without being subject to any penalty.
Save that it is not a product for which the right to withdraw in Article 7 may not be exercised, the BUYER may exercise its right to withdraw by serving the withdrawal notice to the e-mail address or phone number mentioned in Article 2, within 14 (fourteen) days. Unless the Seller makes an offer to receive its product back, the BUYER shall, within 10 (ten) days following the date when the buyer submits its notice of withdrawal, be under obligation to return the product to the seller or the provider or the designated person together with the original invoice and the completed return form at the back of the invoice. In addition, the product(s) which must be returned within 10 (ten) days after the exercise of the withdrawal right must be non-used, non-worn, non-washed and in its original package together with its standard accessories, if any, so that the SELLER may offer it for sale again. In this case the delivery expenses of the product shall be borne by the SELLER. The return of orders for which the invoice is issued in the name of corporations shall not be completed unless a RETURN invoice is issued.
In case of withdrawal, the product price of the returned product shall be refunded using the original payment method of the BUYER within 14 (fourteen) days following the receipt of the product.
For refunding via credit cards, the period of refund may vary due to the bank. The product which will be returned should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
In the case of withdrawal, if the returned product does not satisfy the conditions of return policy, the product shall be delivered back to the same address without making any extra payment.
ARTICLE 7 PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The specific products prepared and produced for special days such as Christmas, Valentine, Mother’s / Father’s Day can not be returned.
ARTICLE 8 – SETTLEMENT OF THE DISPUTES
In respect of the disputes as may arise in connection with this Distance Selling Contract shall, up to the value announced by the Ministry of Customs and Trade, be settled by the Consumer Arbitration Committees and Arbitration Courts located at the place of residence of the Buyer and place where the Product or Service is purchased by the Buyer. In line with the lower and upper limits as specified in the applicable Consumer Protection Law No. 6502, consumer claims shall be governed by the district / provincial consumer arbitration committees.
You may return any product which you ordered from https://themforme.com/eng within 14 days without any justification and without being subject to any penalty compensation. The product which will be returned should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
In order to return a product, you may inform us about which product you will be returning by sending an e-mail to firstname.lastname@example.org. The products purchased from https://themforme.com/eng showrooms may not be refunded.
After you have notified email@example.com, you may return the product(s) which you wish to return to the following address together with the invoice and the filled-out return form at the back of the invoice
Product return terms shall be as follows:
All of our products will be delivered in our signature themforme.com packaging. Worldwide delivery takes up to seven business days. We are pleased to accept timely returns of new and unused products within 14 days from the date the order was delivered to you. Please note that all return costs will be deducted from your refund.
The products to be returned must be returned in a non-used, non-worn and non-washed conditions, along with its original invoice and filled-out return form at the back of the invoice. The product should be packaged without any damage to its original package and must be returned to the return address provided by themforme.com. The return of products without any name and notification shall not be accepted.
Original shipping costs are non-refundable. Duties and taxes are non-refundable.
If the product to be returned is invoiced by a company, you will be required to issue a return invoice and send together with the return package. For company returns, if there is no return invoice, such returns shall not be accepted.
The product returns not packed in its original package or with damaged package, any sticker from cargo company on it, any packaging tape on it or with original packages damaged shall not be accepted. If products returned are received with defects, the products shall be returned back to the sender and all additional delivery expenses shall be borne by the customer.
If the product had any accessories during its initial delivery to the buyer, such accessories must be packaged in their original packages and returned without any damages thereto.
If the product is not fit for returning as it has lost its intended use and/or if the product to be returned is not for reselling, such products may not be returned either.
The specific products prepared and produced for special days such as Christmas, Valentine, Mother’s / Father’s Day may not be returned.
Once you have received your product from themforme.com, please make sure the product is aligned with all conditions, terms and our return policies above. If the product return is accepted, then the price of the returned product shall be refunded using the original payment method of the buyer. If the returned product does not satisfy the conditions of return policy, the product shall be delivered back to the same address without making any extra payment.
If the product return is completed and processes, you will be notified by e-mail. The product price shall be refunded using the original payment method. If the payment is made via bank wire transfer, the product price shall be refunded to account IBAN which you specified on the return form. If the payment is made via credit card, the refund shall be transferred to the credit card. The period in which such refund will appear in your bank statement may vary depending on the bank. If the refund takes longer than you expect, please make sure you contact with your bank.
Without showing any reason whatsoever, you may return any product which you order from themforme.com within 14 days of delivery by submitting a return notification. The product which will be refunded by return should not be, other than trying, used, worn outside even for a short period of time, should not be in a condition which will prevent reselling due to washing and/or being damaged.
To ensure the return of the product, you may e-mail to firstname.lastname@example.org, and notify us about the product.
After you have notified email@example.com, you should return the product(s) with the invoice.
ELUCIDATION WORDING ON THE PROCESSING AND PROTECTION OF THE PERSONAL DATA
This public disclosure text is drawn up by firstname.lastname@example.org (“Our Corporation”) for the purpose of explicating and providing information for the customers/users of the Corporation and the entire individuals related to our Corporation including the ones benefiting from our products and services regarding the processing of the Personal Data, acting with the capacity of data supervisor in accordance with the applicable Law on Protection of Personal Data. You may access detailed information regarding the processing of your Personal Data disclosed by you to our Corporation on our website email@example.com and the Policy on the Processing and Protection of the Personal Data that you find in our Corporation’s Showroom.
1. Purpose of Processing of Personal Data
In the context of your legal relation established with our Corporation; the Personal Data you disclosed shall be processed by our Corporation in accordance with the law and the Law on Protection of Personal Data and the processing purposes stated hereinafter. Accordingly, to be limited with the following purposes; our Corporation processes the Personal Data for the purpose of the performance of the endeavors by the business units of our Corporation that are required for the Personal Data Holders to benefit from the products and services offered by our Corporation; realization of operations with the Business Associates and/or suppliers of our Corporation; accessing to the records of the Personal Data Holders within our Corporation for the further shopping transactions, issuing invoice by automated means with this data by not giving rise to confusion due to reasons name/surname resemblance; ensuring that the customers benefit from the general or customized campaigns and offers related to the merchantable products and services by means of records generated within our Corporation; communicating the campaigns related to the products and services offered to the customers through mail, e-mail, SMS and phone calls; recommending and communicating our products and services to the Personal Data Holders upon customization thereof based on the appreciation, habit and pattern of use and requirements; performance of the required endeavors aiming for the catalogs and campaigns to the customers to be offered and communicated to the customers in consideration of the customers’ continuation and sustainability of using the products and services of our Corporation; amending and altering the products and services offered to be compliant with the requirements and uses of the customers both within the purchasing and the post-sales processes and for the new purchases of the products and services offered; responding to the complaints or requests for inspection related to the products and services purchased and notifying customers in this respect; execution and performance of one-to-one or integrated marketing operations, sales and post-sales operations and purchasing operations; fulfillment of the obligations within the scope of the occupational health and safety and taking the required precautions and measures for the purpose of execution and performance of the human resources policies of our Corporation; performance and steering the financial affair processes and activities for the purpose of ensuring the physical security and auditing of the locations of our Corporations along with the administrative and legal processes towards the communication executed by our Corporation; execution and management of the intracompany system and application management operations by our Corporation, communication, market survey and social responsibility activities and finance operations as well as the product/project/manufacturing/investment quality processes in line with the purpose of determination and implementation of the commercial and business strategies of our Corporation, planning and/or execution of the customer relationship management processes to include the planning and/or execution process of the customer satisfaction activities; contacting with the customers through mail, e-mail and phone calls accordingly; contacting with the Personal Data Holders communicating their requests and complaints to our Corporation and ensuring the following up and management of the requests and complaints; establishment and tracking of the visitor records within the scope of the terms and conditions of the Personal Data processing set forth in Article 5 and 6 of the Law on Protection of Personal Data.
2. Recipients and Grounds of Personal Data Disclosure
Within the scope of the terms and conditions of the Personal Data set forth in Article 8 and 9 of the Law on Protection of Personal Data, our Corporation can transfer the Personal Data to the Corporation Business Associates, Corporation Stakeholders, Corporation Officials and/or the third parties/organizations to be designated thereof to serve the purposes of ensuring the establishment objectives of the business partnership established for the purposes such as execution and performance of miscellaneous projects and receiving services while sustaining the commercial operations of our Corporation; realization of the operations and activities performed within the scope of the regulation, effectiveness management and corporate communication processes; designing the strategies with respect to the commercial operations and ensuring the optimal management and supervision thereof; alteration and modification of the products based on the requirements and use of customers upon their requests communicated during the sales and post-sales process; notifying the customers regarding the campaigns by means of mail, e-mail and/or phone calls and printing and deliverance of the catalogs. Furthermore, upon required by the relevant public institutions and organizations within the scope of their legal authorities and by the relevant private legal entities within the scope of their legal authorities in accordance with the provisions of the legislation, our Corporation is entitled to transfer and disclose the Public Institutions and Organizations that are legally authorized and Private Legal Entities and/or third parties/organizations designated by those that are legally authorized.
In the event that the process activity realized for the above-cited purposes fails to fulfil any of the exemptions and exceptions anticipated within the scope of Law, your expressed consent shall be sought by our Corporation related to the relevant process.
3. Methods of Personal Data Collection and Legal Grounds
For the purpose of auditing and supervision of the compliance of the Law on Protection of Personal Data with the Article 1 regulating the purpose of the Law and Article 2 regulating the scope of the Law, realization of the objectives set forth in the Article 5 and 6 of the Law on Protection of Personal Data and the Policy and accurately and complete fulfilment of the obligations arising from the law within the frame of the legal grounds based on legislation, agreement, claim and request, the Personal Data are collected through various means such as on sorts of verbal, printed and electronic media through technical and other methods and/or social media accounts that you authorize to be accessed by our Corporation and processed by our Corporation or data processors appointed by our Corporation.
4. Rights of the Personal Data Holders Pursuant to the Law on Protection of Personal Data
Our Corporation, in accordance with the Article 10 of the Law on Protection of Personal Data, informs you, regarding your rights as the Personal Data Holders, provides guidance how the said rights are exercised and realizes the internal mechanism, administrative and technical regulations required for all those. Our Corporation, in accordance with Article 11 of the Law, informs the individuals with their Personal Data collected, regarding finding out whether the Personal Data is processed, requesting information in this regard in the event that their Personal Data was processed, eliciting the purpose of Personal Data processing and whether it is used as intended, knowing the third party recipients of the Personal Data both inland and outland, requesting for the correction in case of inaccurate or flawed processing of the Personal Data, requesting for the deletion or destruction of the Personal Data within the scope of the requirements set forth in Article 7 of the as Law on Protection of Personal Data, requesting for the notification of the processes performed in accordance with paragraph (d) and (e) of Article 11 of the Law on Protection of Personal Data to the third parties that are the recipient of the Personal Data, raising objection to an outcome to be revealed against that particular person by means of analyzing the data processed through exclusive automated systems, claiming for damages to be compensated in the case of sustaining damages due to processing of the Personal Data in breach of the Law.
The Personal Data Holders are entitled to communicate their requests related to their above-cited rights by completing the Application Form enclosed on APPENDIX and delivering to our Corporation free of charge along with the information and the documents for identity purposes by means of the methods hereinafter or other methods stated by the Board of Personal Data Protection:
• Deliverance of the copy of the form upon completion bearing wet signature through notary public or registered letter with return receipt to firstname.lastname@example.org
FORM OF EXPRESS CONSENT ON PERSONAL DATA PROCESSING
I have read the elucidation wording on the Processing and Protection of the Personal Data provided to me. I have further been informed on the Law on Personal Data Protection, comprehended by legal rights and I hereby agree and acknowledge that the following consent of mine obtained in this regard is valid and based on my freewill.
I hereby grant my approval with my express and written consent for my personal data that I have disclosed to benefit from the products and services of your Corporation and be informed on such and my personal data to be acquired by your Corporation from the relevant real and legal entities to be processed to allow me to benefit from the products, applications, advantages or campaigns that are convenient for me in line with my requirements and for the purposes of general information and ensuring all sorts of communications to be established with me and to be disclosed to the Business Associates of your Corporation, Stakeholders of your Corporation, Officials of your Corporation, legally authorized Public Institutions and Organizations, legally authorized Private Legal Entities and/or third parties/organizations to be designated by such in the event that my Personal Data is required and the deliverance of information, promotional and marketing communications and messages with data, audio and image content to be directly transmitted or through SMS, MMS, telephone, fax, dialer devices, electronic mail and similar communication channels by your Corporation with the awareness that I am entitled to reject such at any time.
Personal Data Holder
Name & Surname:
DISTANCE SELLING CONTRACT