DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions set forth below:
BUYER (hereinafter referred to as “BUYER”)
Name – Surname / Company:
Address:
SELLER (hereinafter referred to as “SELLER”)
Celestiva Tekstil (trading as “Celestiva Textile”)
www.celestivatextile.com
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, they shall be under the obligation to pay the total price of the order, together with any applicable shipping fees, taxes, and other additional charges, and that they have been duly informed of this obligation.
2. DEFINITIONS
For the purposes of interpretation and implementation of this Agreement, the following terms shall have the meanings assigned to them below:
- MINISTRY: The competent authority responsible for trade and consumer protection in the Republic of Turkey.
- LAW: The applicable consumer protection legislation.
- REGULATION: The Regulation on Distance Contracts.
- SERVICE: Any consumer transaction, other than the supply of goods, performed or undertaken to be performed in exchange for a fee or benefit.
- SELLER: The company which offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf or account of a supplier of goods.
- BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial and non-professional purposes.
- WEBSITE: The website owned and operated by the SELLER.
- ORDER PLACER: A natural or legal person who places an order for goods or services through the SELLER’s website.
- PARTIES: Collectively refers to the SELLER and the BUYER.
- CONTRACT: This Distance Sales Agreement concluded between the SELLER and the BUYER.
- GOODS: Any movable goods subject to trade, including software, sound, video, and other intangible products prepared for use in electronic environment.
3. SUBJECT
The subject of this Agreement is to regulate the rights and obligations of the parties in accordance with the relevant consumer protection laws and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s), the characteristics and sales price of which are specified below, ordered by the BUYER electronically via the SELLER’s website.
The listed and announced prices are the sales prices. Announced prices and promises remain valid until updated or changed. Prices announced for a limited period remain valid until the specified date.
4. SELLER INFORMATION
Celestiva Tekstil (trading as “Celestiva Textile”)
Website: www.celestivatextile.com
E-mail: [Insert company email]
Phone: [Insert phone number]
5. BUYER INFORMATION
Name of recipient
Delivery Address
Phone
E-mail / username
6. ORDER PLACER INFORMATION
Name / Surname / Company
Address
Phone
E-mail / username
7. INFORMATION ON PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic features (type, quantity, brand/model, color, number) of the product(s) or service are published on the SELLER’s website.
7.2. The listed and announced prices are the sales prices. Announced prices and promises remain valid until updated or changed.
7.3. The total sales price of the product(s) or service, including all applicable taxes, is shown below:
- Product Description
- Quantity
- Unit Price
- Subtotal (including VAT)
- Shipping Cost
- Total Price
7.4. Shipping costs shall be borne by the BUYER.
8. BILLING INFORMATION
Name / Surname / Company
Address
Phone
E-mail / username
Invoice delivery: The invoice will be delivered together with the order to the billing address at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information on the basic characteristics, sales price, payment method, and delivery of the product(s) on the SELLER’s website, and that they have provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER also acknowledges that they have obtained the SELLER’s address, the basic characteristics of the ordered product(s), the total price including taxes, and all payment and delivery information correctly and completely prior to the conclusion of this Agreement.
9.2. Each product subject to this Agreement shall be delivered to the BUYER or the person/institution designated by the BUYER within the period specified in the preliminary information section on the website, not exceeding the legal maximum period of 30 days depending on the BUYER’s place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER agrees, declares, and undertakes to deliver the product(s) subject to the Agreement in full, in accordance with the specifications stated in the order, together with warranty certificates, user manuals, and all information and documents required by the relevant legislation, in a sound and defect-free condition, and in compliance with standards, acting in good faith and with due diligence.
9.4. Before the expiration of its performance obligation, the SELLER may, with the explicit consent of the BUYER, supply a different product of equal quality and price.
9.5. In the event that the performance of the product or service subject to the Agreement becomes impossible, the SELLER agrees, declares, and undertakes to notify the BUYER in writing within 3 days from the date of becoming aware of the situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product(s), and that in the event the product price is not paid for any reason and/or the transaction is canceled in the bank records, the SELLER’s obligation to deliver the product shall cease.
9.7. After delivery of the product(s) to the BUYER or to the person/institution designated by the BUYER, if the BUYER’s credit card is unlawfully used by unauthorized persons and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product(s) to the SELLER within 3 days at the SELLER’s expense.
9.8. In cases of force majeure or unforeseen events beyond the control of the parties which prevent or delay fulfillment of obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. In such cases, the BUYER has the right to request cancellation of the order, replacement with a similar product, and/or postponement of delivery until the impediment is removed. If the BUYER cancels the order, the payment made in cash is refunded to them within 14 days. For credit card payments, the amount will be refunded to the relevant bank within 14 days after cancellation. The BUYER acknowledges that the process of reflecting the refunded amount to their account may take 2–3 weeks depending on the bank’s procedures, and that the SELLER cannot be held responsible for any delays.
9.9. The SELLER may contact the BUYER via mail, e-mail, SMS, or telephone using the contact details provided by the BUYER during registration, for purposes of communication, marketing, notification, and other means. By accepting this Agreement, the BUYER consents to such communication activities.
9.10. Before receiving the product(s), the BUYER shall inspect them; damaged, defective, or broken items (e.g., with torn packaging) shall not be accepted from the shipping company. Products received shall be deemed to be undamaged and in good condition. The obligation to preserve the product(s) after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the product(s) must not be used, and the invoice must be returned.
9.11. If the credit card used during the order does not belong to the BUYER, or if a security vulnerability related to the credit card is detected before delivery, the SELLER may request the BUYER to provide identity and contact details of the cardholder, the previous month’s credit card statement, or a letter from the cardholder’s bank confirming ownership. The order will be suspended until such information/documents are provided. If the requested information is not provided within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during membership or ordering is accurate, and that they shall indemnify the SELLER for any damages arising from false information, immediately and in cash, upon the SELLER’s first request.
9.13. The BUYER undertakes to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities shall rest solely and exclusively with the BUYER.
9.14. The BUYER shall not use the SELLER’s website in any manner that disrupts public order, violates general morality, disturbs or harasses others, infringes upon the rights of others, or for unlawful purposes. Additionally, the BUYER shall not engage in activities that prevent or hinder others from using the services (e.g., spam, viruses, trojans).
9.15. The SELLER’s website may contain links to other websites or content not under the control of the SELLER. These links are provided for the convenience of the BUYER and do not constitute endorsement or guarantee of such sites or their contents.
9.16. The BUYER is personally responsible, both legally and criminally, for any violation of the provisions of this Agreement and agrees to hold the SELLER harmless from any consequences. In addition, in the event of such a violation being taken to the legal domain, the SELLER reserves the right to claim compensation from the BUYER for breach of contract.
10. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days of delivery of the goods...
11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products prepared in line with the BUYER’s request or clearly personalized, underwear, swimwear, cosmetics...
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made by credit card, the BUYER shall pay interest under the agreement between the cardholder and the relevant bank...
13. JURISDICTION
In disputes arising from this Agreement, applications and complaints may be filed with the consumer arbitration committees or consumer courts...
14. ENFORCEMENT
Once the BUYER makes the payment for the order via the SELLER’s website, they shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to implement software arrangements to ensure that the BUYER reads and approves this Agreement before the order is completed.
SELLER: Celestiva Tekstil (trading as “Celestiva Textile”) – www.celestivatextile.com
BUYER:
DATE: