Terms of service

1. PARTIES

This Distance Sales Agreement (“Agreement”) has been electronically concluded between the Seller and the Buyer whose details are provided below. The Parties accept, declare, and undertake that they have read this Agreement in full, fully understood its contents, and approved all of its provisions.

SELLER:
Seller’s Trade Name: Selin Çalışkan Modaevi
Seller’s Full Address: Çankaya Neighborhood, Nilgün Street, Nilgün Apartment, 7/11
Seller’s MERSIS Number:
Seller’s Tax Number: 2270387677 / Hitit Tax Office
Seller’s Email Address: info@hamfabrics.com

BUYER:
Buyer’s Name/Surname:
Buyer’s Address:
Buyer’s Telephone Number:
Buyer’s Email Address:

1. CONCLUSION OF THE AGREEMENT

* THE BUYER ACCEPTS THAT THEY HAVE READ AND UNDERSTOOD THE AGREEMENT AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS.

* THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE OBLIGATIONS AGREED UNDER THE AGREEMENT, THAT THE RECIPROCAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE TRANSACTION, AND THAT THEY DO NOT LACK EXPERIENCE REGARDING THE TRANSACTIONS FALLING WITHIN THE SCOPE OF THE AGREEMENT.

* THE BUYER ACCEPTS THAT THEY HAVE REACHED A FULL CONVICTION THAT THE TRANSACTIONS INCLUDED IN THE AGREEMENT ARE IN THEIR OWN INTEREST AND THAT THEY WILL COMPLY WITH ALL CONDITIONS OF THEIR OWN FREE WILL, WITHOUT BEING UNDER ANY DIFFICULTY OR DISTRESS, DELIBERATELY, WILLINGLY, AND KNOWINGLY.

* THE PARTIES ACCEPT THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE ANY CHARACTERISTIC THAT MAY BE CONSIDERED AN UNFAIR TERM AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.

* THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS PURSUANT TO THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT VIOLATE THE PRINCIPLES OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN COMPLIANCE WITH CONSUMER PROTECTION LEGISLATION.

* THE PROVISIONS OF THIS AGREEMENT HAVE ALSO BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BUYER HAS CARRIED OUT THE BINDING EFFECT AND CONTENT REVIEW STIPULATED UNDER ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT OR THE CHARACTERISTICS OF THE TRANSACTION (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT HAVE BEEN WRITTEN CLEARLY AND COMPREHENSIBLY AND DO NOT CONVEY MORE THAN ONE MEANING.

1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the Parties pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below and which the Buyer has electronically ordered through the Seller’s website with the domain name www.hamfabrics.com (“Website”).

1. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic characteristics, sales price, delivery conditions, and payment conditions of the product subject to this Agreement are as follows:

Product Code and Name Quantity Unit Price (including VAT) Shipping Fee Discount / Coupon Total Price (including VAT)
[…] […] […] […] […] […]

PAYMENT AND DELIVERY CONDITIONS

Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:
Payment Method:
Number of Installments:
Maturity Difference Charged:
Interest rate used to calculate the maturity difference:
Additional cost payable by the Buyer:
Delivery Address:
Recipient:

The total product price stated above is collected from the Buyer by Selin Çalışkan Modaevi (Ham Fabrics).

1. DELIVERY

The product(s) subject to the Agreement shall be delivered to the Buyer or to the person/organization at the address designated by the Buyer within the statutory period of 30 (thirty) days following receipt of the order by the Seller, depending on the distance of the Buyer’s delivery address for each product, provided that this 30 (thirty)-day statutory period is not exceeded.

For the avoidance of doubt, delivery of the product(s) subject to this Agreement is conditional upon the Buyer electronically confirming this Agreement and the Preliminary Information Form and paying the price of the product(s) fully and completely using the payment method selected by the Buyer. If, for any reason, the product price is not paid, is underpaid, or the payment is canceled in the bank records, the Seller shall be deemed released from the obligation to deliver the product.

Where performance of the goods or services ordered becomes impossible, the Seller shall notify the Buyer in writing or through a durable medium within 3 (three) days from the date on which the Seller becomes aware of such impossibility and shall refund all collected payments, including delivery costs, if any, to the Buyer no later than 14 (fourteen) days from the date of notification.

1. BUYER’S REPRESENTATIONS AND UNDERTAKINGS

The Buyer accepts, declares, and undertakes that they have read and obtained information about the preliminary information uploaded by the Seller on the Website concerning the basic characteristics, sales price, payment method, delivery conditions, and shipping fee of the goods or services subject to the Agreement; that they have provided the necessary electronic confirmation; and that they are aware that approving the order through the Website places them under a PAYMENT OBLIGATION.

By electronically confirming this Agreement and the Preliminary Information Form, the Buyer confirms that, before the conclusion of the distance agreement, they have accurately and completely obtained the Seller’s address, the basic characteristics of the ordered goods or services, the price of the goods or services including taxes, payment and delivery information, and the delivery price, all of which must be provided to the Buyer by the Seller.

If, following delivery of the goods or services, the relevant bank or financial institution does not pay the Seller the price of the goods or services due to the Buyer’s credit card being unfairly or unlawfully used by unauthorized persons in a manner not attributable to the Buyer’s fault, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they were delivered to the Buyer. In such a case, delivery costs shall be borne by the Buyer.

If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller may not be held responsible if the recipient refuses to accept the delivery.

1. SELLER’S REPRESENTATIONS AND UNDERTAKINGS

The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in sound and complete condition, in conformity with the characteristics specified in the order and with consumer legislation, together with any warranty documents and user manuals, if applicable.

Provided that there is a justified reason and that the Buyer is informed and gives express approval, the Seller may supply the Buyer with a different product of equal quality and price before the performance obligation arising from the Agreement expires.

1. BUYER’S RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal without assuming any legal or criminal liability and without providing any reason within 14 (fourteen) days from the date on which the Buyer or a third party designated by the Buyer receives the goods in agreements concerning the delivery of goods, or from the date on which the agreement is concluded in agreements concerning the performance of services. The Buyer may also exercise the right of withdrawal during the period between the conclusion of the agreement and the delivery of the goods.

The Buyer may exercise the right of withdrawal by completing the withdrawal form delivered with the order or by submitting an explicit statement communicating the decision to withdraw to the Seller. The form or explicit withdrawal statement must be directed to the Seller in writing or through a durable medium before the withdrawal period expires. The Seller’s contact details to which the withdrawal notification may be sent are as follows:

Full Address: Çankaya Neighborhood, Nilgün Street, Nilgün Apartment, 7/11, Çankaya, Ankara
Email: info@hamfabrics.com

Within 14 (fourteen) days from the date on which the Seller receives the Buyer’s notification regarding the exercise of the right of withdrawal, the Seller shall refund to the Buyer, in a single payment and without imposing any cost or obligation on the consumer, all payments made by the Buyer to the Seller in relation to the relevant goods or services, including the delivery costs of the goods to the Buyer, if any, using a method compatible with the payment instrument used for the purchase.

If the Buyer exercises the right of withdrawal, the shipping companies designated by the Seller to receive the returned product are Yurtiçi Kargo and Aras Kargo. If the goods are returned through the shipping companies specified herein following exercise of the right of withdrawal, the Buyer shall not be held responsible for the return costs. If the Buyer sends the returned goods through a shipping company other than the Seller’s contracted shipping companies specified in this Agreement, the Seller shall not be responsible for the return shipping costs or for any damage suffered by the goods during shipment.

The Buyer must return the goods to the Seller within 10 (ten) days from the date on which the Buyer sends the notification exercising the right of withdrawal. The invoice, box, packaging, standard accessories, if any, and any other products provided as gifts due to the purchase of the relevant goods must also be returned to the Seller completely and without damage together with the goods subject to return. During the withdrawal period, the Buyer must use the goods in accordance with their operation, technical specifications, and instructions for use; otherwise, the Buyer shall be responsible for any changes or deterioration occurring in the goods.

1. CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The Buyer accepts, declares, and undertakes that they are aware that the right of withdrawal cannot be exercised in the following cases:

1. Agreements relating to goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the seller or provider.

2. Agreements relating to goods prepared in accordance with the consumer’s requests or personal needs.

3. Agreements relating to the delivery of goods that may deteriorate quickly or whose expiry date may pass.

4. Agreements relating to the delivery of goods whose protective elements, such as packaging, tape, seals, or wrapping, have been opened after delivery and whose return is unsuitable for health and hygiene reasons.

5. Agreements relating to goods that become mixed with other products after delivery and cannot, by their nature, be separated.

6. Agreements relating to books, digital content, and computer consumables supplied in a physical medium where protective elements such as packaging, tape, seals, or wrapping have been opened after delivery of the goods.

7. Agreements relating to the delivery of periodical publications, such as newspapers and magazines, other than those supplied under subscription agreements.

8. Agreements relating to accommodation, transportation of goods, car rental, supply of food and beverages, and leisure activities for entertainment or recreation that must be performed on a specific date or during a specific period.

9. Agreements relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.

10. Agreements relating to services whose performance has commenced with the consumer’s approval before the expiry of the withdrawal period.

1. SELLER’S METHOD FOR RESOLVING COMPLAINTS

The Buyer may submit complaints concerning the purchased goods and/or services directly to the Seller by using the Seller’s contact addresses specified above under the heading “Parties.” Upon receipt of a complaint, the Seller shall provide all possible assistance to resolve the issue.

1. DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults in transactions made by credit card, the Buyer shall be liable to the card-issuing bank within the framework of the credit card agreement concluded between the Buyer and the bank. In such a case, the relevant bank may take legal action and claim the resulting costs and attorney’s fees from the Buyer. In all circumstances, if the Buyer defaults, the Buyer shall be responsible for all loss and damage suffered by the Seller.

1. INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising under the Law on Intellectual and Artistic Works (FSEK) relating to the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradient and solid color tones, and the elements used in all kinds of graphic designs, illustrations, drawings, designs, and works incorporated into the designs of products manufactured by the Seller, as well as all products offered for sale on the Website, belong to the Seller.

All intellectual and industrial property rights and ownership rights concerning all information and content on the Website and their arrangement, revision, and partial or complete use belong to the Seller, except for those belonging to other third parties under agreements made by the Seller. The entirety or any part of the product(s) purchased by the Buyer and/or any information, software, or services obtained from the product may not be modified, copied, distributed, reproduced, published, made the subject of derivative works, transferred, or sold. The Buyer accepts and undertakes not to use the product purchased under this Agreement for unlawful purposes and/or in any of these prohibited manners. Otherwise, all legal and criminal liability that may arise shall belong to the Buyer. Without prejudice to the foregoing, the Seller reserves all rights to compensation and any other claims arising from such unauthorized use against all claims and demands that may be asserted against the Seller by third parties or competent authorities.

1. RESOLUTION OF DISPUTES

For disputes arising in relation to the Agreement, applications concerning the dispute may be submitted to the Consumer Arbitration Committees located where the Buyer purchased the product or resides, up to the monetary limit announced annually by the Ministry of Customs and Trade, and to the Consumer Courts for disputes exceeding that limit.

1. ENTRY INTO FORCE

This Agreement was concluded and entered into force on […] upon being electronically approved by the Buyer. Transactions conducted through the Website shall be regarded as declarations of intent binding upon the Parties pursuant to the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

Immediately following its approval, the text of this Agreement shall be sent by email to the email address provided by the Seller and shall be retained by the Seller for a period of 3 (three) years.

At any time, the Buyer may submit a request to info@hamfabrics.com and ask the Seller to provide access to a copy of this Agreement.

SELLER

Selin Çalışkan Ergenç BUYER