Distance Sales Contract
ARTICLE 1 – Contractual Parties
Thebeachstyle.com (hereinafter referred as “SELLER”) residing in seyrantepe mah. Caliskan sk. 26/2, Kagithane/Istanbul on one hand and the Consumer (hereinafter referred as “BUYER”) purchasing the goods from thebeachstyle.com web site on the other hand, have hereby entered into and executed the contract herein on the following terms and covenants.
ARTICLE 2 - Subject
The subject of this contract is to define the rights and liabilities of the parties in accordance with the articles of Law Nr. 4077, on the Protection of Consumers and the Regulation on Implementation of Distance Sale, regarding the sale and delivery of the Buyer’s goods and services, the qualifications and sales prices of which are defined in the contract, ordered online from thebeachstyle.com website, by the Buyer. In accordance with the terms and conditions of this contract, the Buyer agrees and acknowledges that he/she has all preliminary information on the basic qualifications, selling price, form of payment, delivery conditions, etc. related to the goods/services subject to the purchase and that he/she has the right to “retract”, and that he/she has previously accepted these information in digital media and then ordered the said goods/services. The preliminary information on the payment page of the thebeachstyle.com and the invoice are integral parts of this contract.
ARTICLE 3 - Goods Related to the Contract
Goods/ products/ services’ type, quantity, brand, color, price, payment method are as it is at the end of the order.
ARTICLE 4 - General Principles
4.1 BUYER electronically declares that it has the information about the goods basic qualities, the price including all taxes, payment method, SELLER’s full title, address and it is responsible for the expenses. BUYER electronically confirms, prior to the Distance Sales Contract, that it received correctly all of the information about the order including goods’ prices including all taxes, description, payment methods and delivery information
4.2 Goods related to this contract will be delivered to the BUYER or to the addresses provided by the BUYER within 30 days.
4.3 SELLER cannot be held responsible for the rejection of delivery if the goods are delivered to a party other than the BUYER
4.4 SELLER cannot be held responsible for the problems that can be encountered by the carrier that will prevent the delivery of the goods to the BUYER
4.5 SELLER is responsible for the delivery of the goods as described in the order in good shape (and with warranty statements and user’s manuals if available)
4.6 SELLER, based on a good reason, can deliver a different product at the same price and quality to the BUYER.
4.7 Upon delivery of the goods, if the credit card used in the transaction wasn’t authorized by the BUYER and credit card company (bank) doesn’t make a payment to the SELLER for the related order, the BUYER is responsible of sending goods to the SELLER in 3 days. BUYER is responsible for the shipping cost. If the credit card used in the transaction is later to be claimed to be used without the authorization of the credit card holder, the BUYER is responsible for returning back the amount of the products and shipment costs to the SELLER.
4.8 If the SELLER is not able to deliver the product for compelling reasons or for acts of God, it is responsible to notify the BUYER. In such event, the BUYER can request the cancellation of the order, replacement of the goods in the order. In case of the cancellation of the order, BUYER shall receive the payment it made within 15 days.
In case of credit cards, BUYER shall receive its payment with 7 days after order is cancelled. After the refund is made, the SELLER cannot make any adjustment in the system and credit card companies may reflect the refunded amount in 2 to 3 weeks.
ARTICLE 5 - Right of Revocation
BUYER can return the goods within 7 days of delivery without any cause. Exception would be the goods delivered in special days such as new year, mother’s day and BUYER accepts these conditions as well goods for personal usage. In order to use the right to revoke the order, BUYER must notify SELLER via e-mail, telephone or fax within 7 days after receiving the goods. Goods need be returned in their original condition and:
- a) Invoices made to third parties or the BUYER shall be returned
- b) Return form (on the back of the invoice) shall be filled,
- c) All of the original packaging, accessories need to be returned back in good shape. Upon the reception of the goods, refunds will be made within 10 days. The domestic (within Turkey) shipment costs for the goods returned by using the right of revocation will be covered by the SELLER and the international shipment costs will be covered by the BUYER.
Without original invoice, refunds cannot be made.
ARTICLE 6 - Goods that Cannot be Returned by the Right of Revocation
Disposable products, software that can be copied, products that have a close expiration date are not accepted. In order to return the following goods, their original package must not have been opened and the product should be used. All cosmetic products Underware Software DVD, VCD, CD and cassettes Cartridges, etc..
ARTICLE 7 – Settlement of Disputes
The Consumer Issues Arbitration Board from the location from where the Customer has purchased the service or resides, is authorized within the financial limits determined by the Ministry for the disputes arising due to the enforcement of the Contract herein.
ARTICLE 8 – Enforcement
The Customer will be deemed as accepting all the terms of the contract herein, together with the payment of the order given over the web site, after the acceptation and approval of this contract and the contract will be hereby enforced. The Customer hereby accept, declares and undertakes that he owns accurate and complete information regarding the type of service subject of this contract, the sales price, the type of payment, the right of withdrawal from the contract and all the rights and liabilities arising from the contract and that also he has not any objections.