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Distance Sales Agreement

DISTANCE SALES AGREEMENT


ARTICLE 1- PARTIES

SELLER
TITLE        : Barine Tekstil San. İç Ve Dış Tic. A.Ş. (Hereinafter referred to as SELLER.)
ADDRESS        :Hacı Eyüplü Mahallesi 3224 Sk. No:8 On Yapı Sanayi Sitesi Merkezefendi/Denizli/Türkiye
PHONE        :
CENTRAL
REGİSTRATİON
SYSTEM NO        : 0142062260500019
E-MAIL        :

BUYER (The person who purchases from www.thebarine.com. Hereinafter referred to as BUYER.)
NAME        :
SURNAME        :
ADDRESS        :
PHONE        :
E-MAIL        :

ARTICLE 2- DEFINITIONS

In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
MINISTER        : Customs and Trade Minister
MINISTRY        : Customs and Trade Ministry
LAW            : Law No. 6502 on Consumer Protection
REGULATION    : Distance Contracts Regulation (Legal Gazette: 27.11.2014/29188)
SERVICE        :The subject of any consumer transaction other than providing goods that are made or committed to be made in return for a fee or benefit.
BUYER        : Natural or legal person who acquires, uses or makes use of a good or service for non-commercial or non-professional purposes
SELLER        : A company acting on behalf or account of offering goods or offering goods to the consumer within the scope of its commercial or professional activities.

WEB SITE        : SELLER's website
ORDERING BY    : A natural or legal person requesting a good or service through the website of the SELLER
SIDES            : SELLER and BUYER
CONTRACT        : This contract concluded between the SELLER and the BUYER
GOODS        : Movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic media.

ARTICLE 3- SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

ARTICLE 4- SELLER INFORMATION

TITLE        : Barine Tekstil San. İç Ve Dış Tic. A.Ş. (Hereinafter referred to as SELLER.)
ADDRESS        :Hacı Eyüplü Mahallesi 3224 Sk. No:8 On Yapı Sanayi Sitesi Merkezefendi/Denizli/Türkiye
PHONE        : (0258) 373 51 88
FAX            :
E-MAIL        : barine@barinehome.com

ARTICLE 5- BUYYER INFORMATION

Person to be Delivered    :
Delivery Address        :
Fax                :
Email / Username        :

ARTICLE 6- ORDERING PERSON INFORMATION

Name / Surname / Title    :
Address            :
Telephone:
Fax                :
Email / Username        :

ARTICLE 7- CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION

7.1. Basic features of the Good / Product / Products / Service (type, quantity, brand / model, color, number) is published on the website of the SELLER. If the campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below. (VAT included)

Product Description | Piece | Unit Price | Subtotal

Shipping Amount        :
Total                :

Payment Method and Plan    :
Delivery address        :
Person to be Delivered    :
Billing address        :
Order date            :
Delivery date            :
Delivery method        :
        
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.

ARTICLE 8- INVOICE INFORMATION

Name / Surname / Title    :
Address            :
Telephone            :
Fax                :
E-mail / Username        :
Invoice delivery        : During invoice order delivery, together with the order to the invoice address will be delivered.  E-Invoice will be sent.

ARTICLE 9- GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER and gives the necessary confirmation electronically. BUYER's; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work in accordance with the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER, if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card of the BUYER after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent and / or delay the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to him in cash and in lump sum within 14 days. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
9.10. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and on the first notice of the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the website of the SELLER in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. On the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.

ARTICLE 10- RIGHT OF WITHDRAWAL

10.1. BUYER; In case the distance contract is related to the sale of goods, it can use the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification, provided that the product is delivered to itself or to the person / organization at the address indicated, within 14 (fourteen) days, provided that the SELLER is notified. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts that are initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods or the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations caused by the proper use of the product or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

ARTICLE 11- PRODUCTS THAT CANNOT BE USED TO WITHDRAWAL

The products that cannot be returned although the BUYER requested a return within 14 days are as follows;

* Products that are produced individually at the request of the BUYER, customized by making changes or additions on them,
* Products that are not suitable for return due to their nature ( The condition for returning products with sensitive hygienic conditions such as underwear, swimwear, cosmetics, towels and bathrobes is that the product is not opened and tested. )
* Products that are not suitable for health and hygiene to be returned if the package is opened by the BUYER,
Audio or video recordings, printed products(books etc.), software programs and computer consumables opened by the BUYER,
* Disposable products, goods that are in danger of deterioration or that are likely to expire,
* Products that are mixed with other products after delivery and cannot be separated by their nature,
* Products that are in danger of rapid deterioration or are likely to expire,

If the packaging of the products listed above is opened by the BUYER, it is not possible to return them as per the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer.
Unopened, untested, and undamaged packages for returning cosmetics and personal care products, underwear, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) and they must not be used.

ARTICLE 12- DEFAULT AND LEGAL RESULTS

The BUYER agrees, declares and undertakes that in the event that he/she defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

ARTICLE 13-AUTHORIZED COURT

The BUYER may apply to the Arbitration Committee for Consumer Problems in the province or district where the BUYER is located or where the consumer transaction is made, and to the Consumer Courts in the case of disputes over the mentioned value, up to the value declared by the Ministry of Customs and Trade every year.
This Agreement is made for commercial purposes.

ARTICLE 14- SEVERABILITY

If one or more of the provisions of this Agreement are declared invalid, illegal and unenforceable under any law or regulation, the validity, legality and enforceability of the remaining provisions will not be affected or damaged in any way.

ARTICLE 15- ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is realized.

SELLER  :
BUYER    :
DATE    :

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