DISTANCE SALES AGREEMENT

ARTICLE 1- PARTIES

ARTICLE 1.1. SELLER:

Title : HDC SAÇ YERLEŞRTİRME VE AKSESUARLARI İTH İHR TİC. LTD. ŞTİ.

Address : ESENTEPE MAH. BÜYÜKDERE CAD. FERKO SIGNATURE NO:175/6 ŞİŞLİ / İSTANBUL

Phone :+90 (212) 280 88 55

E-mail: info@thehairdetectivestore.com

ARTICLE 1.2- BUYER:

Name/Last Name/Title:[invoice-name][invoice-company]

Address:[invoice-address]

Phone:[phone]

E-mail:[e-mail]

TRID No:[TRID No]

ARTICLE 2- DEFINITIONS

1. a) CUSTOMIZED PRODUCT: These are products that are specially produced according to the preferences of the BUYER. For example, custom-designed products are products prepared according to the preferences of the person.
2. b) STANDARD PRODUCT: These are the products of which the specifications do not vary according to the BUYER’s preferences.
3. c) COURIER PRODUCT: These are the products that are delivered by the contracted courier companies.

ç) VIRTUAL POS: This means the credit card payment that is made on a computer environment in SELLER STORES.

1. d) MOBILE POS: This means the credit card payment terminals in SELLER STORES.
2. e) WEBSITE: This means www.thehairdetectivestore.com website.
3. h) STORE: This means the SELLER’s STORE through which the sales are realized.

ı) BUYER: BUYER or the third person specified by the BUYER

ARTICLE 3- SUBJECT

The subject of this agreement is setting out the rights and obligations according to the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Agreements, regarding the sale and delivery of the product which the BUYER has ordered electronically from the SELLER’s website thehairdetectivestore.com and of which the qualities and sales price are specified below.

ARTICLE 4- SUBJECT PRODUCT

The type and kind, quantity, brand/model, color, and tax-included sales price (as unit x unit price) of the products are as follows.

[list of products]

ARTICLE 5- PAYMENT METHOD

ARTICLE 5.1- PAYMENT WITH CREDIT CARD

1. a) When the credit card payment method is preferred, the credit card information on the relevant page must be entered before completing the shopping at thehairdetectivestore.com.
2. b) The BUYER may choose any of the installment options, as appropriate, or may make the payment with a single withdrawal option.
3. c) The BUYER’s bank may apply a higher number of installments than the selected installment option by organizing campaigns and may offer services such as installment postponement. Such campaigns are at the discretion of the BUYER’s bank, whereas the information about such campaigns is provided at thehairdetectivestore.com if they are known by the SELLER.

ç) In cases where the BUYER prefers one of the installment options, the total order will be divided by the number of installments starting from the account cutoff date of the credit card and reflected on the credit card summary by the BUYER’s bank. The bank may not distribute the installment amounts equally to the months by taking the fractional differences into account. The creation of the detailed payment plan is at the discretion of the BUYER’s bank.

1. d) On the other hand, since the forward sales are made only with the credit cards of the Banks, the BUYER agrees, declares, and undertakes to confirm the relevant interest rates and the information about the default interest from the bank, and that the provisions regarding the interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER according to the provisions of the applicable legislation.
2. e) In cases where the BUYER defaults on the transactions made with the credit card, the BUYER will pay interest within the framework of the credit card agreement signed between the bank and the BUYER and will be liable towards the bank. In cases where the BUYER defaults due to its debt, the BUYER agrees and undertakes to pay the SELLER’s loss and damage due to the delayed payment of the debt.
3. f) The BUYER will be liable for the accuracy of the card information to be provided during the credit card payment method.
4. g) In the payments made by using the credit card payment method option, if the card is used illegally by someone other than the cardholder, the transaction is carried out according to the provisions of the Bank Cards and Credit Cards Law and the Regulation on Debit Cards and Credit Cards.

ARTICLE 5.2- PAYMENT THROUGH WIRE TRANSFER/EFT

1. a) In cases where the BUYER prefers to make a payment through wire transfer/EFT, the IBAN information of the SELLER will be shared with the BUYER through the Website.
2. b) Once the BUYER makes the payment through wire transfer/EFT, the order will be confirmed after the payment reaches the SELLER’s bank account. The BUYER must indicate the order number in the explanation part of the transfer transaction.

ARTICLE 6- DELIVERY

Recipient : [invoice-name][invoice-company]

Contact Information of the Recipient :[phone] [email]

Delivery Address :[invoice-address]

Invoice Address : [invoice-address]

1. a) When your products to be sent by courier are shipped, the respective courier company and the tracking number are shared with you via SMS and e-mail.
2. b) The packages having a volume of 30 decimeters and above will be delivered at the door of the building.
3. c) The BUYER is responsible for checking the PRODUCT as soon as the package is received, not accepting the product when there is a problem in the PRODUCT arising from the courier service, and procuring the COURIER company employee to issue a report. Otherwise, the SELLER will not assume responsibility.
4. d) In case of delivery points remote from village, town, or city centers where the courier services do not provide their services with, your package is brought to the closest central branch and the BUYER is notified for the collection from such branch. The BUYER is required to collect the package within the specified time.

ARTICLE 7- ORDER CANCELLATION

The BUYER may request a free cancellation or change within 3 days following the date of order for the products that have not been delivered yet. Regarding the cancellation requests after the 3^rd day, the conditions of the RIGHT OF WITHDRAWAL, PRODUCT RETURN, AND CHANGE apply.

ARTICLE 8- RIGHT OF WITHDRAWAL, PRODUCT RETURN AND CHANGE

The BUYER has the right to withdraw from the agreement without giving any reason and without paying any penalty within 14 (fourteen) days following the delivery of the product subject to the agreement to the BUYER or the person/organization at the address indicated. The product price is returned to the BUYER within 10 days following the date on which the consumer’s notification of withdrawal is received by the SELLER. (See: Regulation on Distance Agreement, article 9/2). The shipping cost of the product returned due to the right of withdrawal is borne by the SELLER.

According to the general communiqué of the tax procedure law no. 395, for the refund procedures to be processed, the respective sections of the invoice that we send, which has a return section, must be filled in completely and sent back to us together with the product after it is signed.

However, since our customers do not pay VAT for their orders to be sent to the Turkish Republic of Northern Cyprus and abroad, the BUYERS are obliged to pay the taxes of the products they receive at customs. BUYERS do not have the right of withdrawal for products that are not collected from customs for any reason. Because, pursuant to Article 8 of the REGULATION ON DISTANCE AGREEMENTS APPLICATION PROCEDURES AND PRINCIPLES, in the distance agreements regarding product sales, the Consumer has the right to withdraw from the agreement by rejecting the goods, without taking any legal or criminal responsibility and without giving any reason, within seven days following the date of receipt.

ARTICLE 8.1- PRODUCTS EXEMPT FROM USING THE RIGHT OF WITHDRAWAL

The right of withdrawal may not be exercised for products that cannot be returned due to their nature, disposable products, products that are risky in terms of hygiene, or products that deteriorate rapidly or with passed expiration dates.

ARTICLE 9- SCOPE OF GUARANTEE AND AFTER-SALES SERVICES

1. a) Sold PRODUCT is under the guarantee of the SELLER.
2. b) In cases where a defect in the PRODUCT is noticed, the SELLER undertakes to solve the problem within 30 days. Defects at the time of delivery must be reported to the SELLER at the time of delivery.
3. c) The situations caused by the BUYER’s usage error are not within the scope of the Guarantee.

ARTICLE 10- REFUND AND PROCEDURE

1. a) The payment process for ORDER CANCELLATION is initiated within 7 working days following the BUYER’s submission of the request.
2. b) The refunding process for the returned PRODUCT is initiated within 7 working days following the receipt of the PRODUCT by the SELLER.
3. c) While calculating the refund amount for the orders realized within a campaign with a lower participation limit, in cases where the remaining order amount does not meet the lower limit, the current campaign is deactivated and the refund is calculated according to the remaining amount.

 

ARTICLE 10.1- REFUND PROCEDURE IN CASE OF PAYMENT WITH CREDIT CARD

1. a) The bank refunds the respective amounts in installments in the number of installments the BUYER has bought the products. The method of refund to be made by the Bank to the BUYER is a transaction between the BANK and the BUYER, whereas the SELLER assumes no responsibility in this regard.
2. b) Once the SELLER has paid the entire product price to the bank at once, in case the installment payments made from the Bank’s POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the cardholder’s accounts in installments so that the parties involved do not suffer from such procedure. The installment amounts paid by the BUYER until the cancellation of the sale, 1 (one) refund will be reflected on the card each month in cases where the date of refund and the account cut-off dates of the respective card do not coincide, whereas the BUYER will receive the installments paid before the return, once the installments of the respective sale end and in the number of installments paid before the return, and thus they will be deducted from the current debts.
3. c) In cases where the goods and services purchased with a card are returned, the SELLER may not make a cash payment to the BUYER pursuant to the agreement it has made with the Bank. Payments made by credit card are refunded to the same credit card.

ARTICLE 10.2- REFUND PROCEDURE IN CASE OF PAYMENT WITH CREDIT CARD THROUGH MOBILE POS

1. a) The bank refunds the respective amounts in installments in the number of installments the BUYER has bought the products. The method of refund to be made by the Bank to the BUYER is a transaction between the BANK and the BUYER, whereas the SELLER assumes no responsibility in this regard.
2. b) Once the SELLER has paid the entire product price to the bank at once, in case the installment payments made from the Bank’s POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the cardholder’s accounts in installments so that the parties involved do not suffer from such procedure. The installment amounts paid by the BUYER until the cancellation of the sale, 1 (one) refund will be reflected on the card each month in cases where the date of refund and the account cut-off dates of the respective card do not coincide, whereas the BUYER will receive the installments paid before the return, once the installments of the respective sale end and in the number of installments paid before the return, and thus they will be deducted from the current debts.
3. c) In cases where the goods and services purchased with a card are returned, the SELLER cannot make a cash payment to the BUYER pursuant to the agreement it has made with the Bank. In case of a return procedure, the SELLER will realize the return through the respective software, whereas a cash payment may not be made to the BUYYER pursuant to the aforementioned procedure since the SELLER is obliged to pay the respective amount to the bank in cash or on account. Refunds to the credit card will be made by the Bank pursuant to the aforementioned procedure once the SELLER pays the amount to the Bank at once.

ARTICLE 10.3- REFUND PROCEDURE IN CASE OF PAYMENT THROUGH WIRE TRANSFER/EFT

1. a) Refunds are made to the bank account declared by the BUYER.
2. b) Cash refunds may not be made for the orders entered by using a gift certificate.

ARTICLE 11- GENERAL PROVISIONS

The BUYER declares that they have read the preliminary information regarding the product subject to the agreement, on thehairdetectivestore.com website and thus have information, whereas they have granted required approval.

Prices may be subject to instant changes depending on market conditions or possible campaigns. The SELLER reserves the right to change product prices and/or change the campaign conditions and end date at any time and without prior notice.

The SELLER is responsible for the delivery of the product subject to the agreement in an undamaged, complete manner, according to the qualifications specified in the order, and together with respective warranty documents and user manuals, if any.

The price of this agreement must be paid in the form of payment preferred by the BUYER for the product subject to the agreement to be shipped. In cases where the product price is not paid or canceled in the bank records for any reason, the SELLER is deemed to be free from the obligation to deliver the product.

In cases where the bank or financial institution refuses to pay the product price to the SELLER after the product is delivered, due to the unfair or illegal use of the BUYER’s credit card by unauthorized persons, but not due to the BUYER’s fault, the BUYER is obliged to return the product to the SELLER provided that the product is received by the BUYER.

In case of defective (broken, damaged, etc.) products sold with or without a warranty certificate, or in case of malfunction or deterioration within the scope of the warranty and its conditions, the products in question can be sent to the SELLER for the necessary repair to be made by the authorized service, whereas the courier costs will be borne by the SELLER.

According to the general communiqué of the tax procedure law numbered 385, the relevant sections of the invoice that we send you must be filled in completely and sent back to us together with the product after it is signed.

In cases where the BUYER fails to pay the price of the product ordered or the sale price cannot be collected due to the lack of the required amount in the credit card account, the product sale will not be realized. The BUYER agrees, declares, and undertakes that the processing time of the order is not the moment the order is placed, but the time the necessary collection is made from the credit card account or the payment is made, whereas the SELLER will not be obliged to offer any product in case such collection cannot be made.

The SELLER is not liable for price and content errors arising from typesetting and system errors that may occur on the Website.

ARTICLE 12-DISPUTE RESOLUTION AND COMPETENT COURT

In case of disputes arising from or in connection with this agreement, the Arbitration Committee for Consumer Problems or the Consumer Court is authorized in the place where you directly reside or where the consumer transaction is made and within the monetary limits specified by the Ministry of Customs and Trade.

ARTICLE 13- EVIDENCE AGREEMENT

The SELLER’s records (including the records on magnetic media such as computer-voice recordings) constitute solid evidence in the resolution of any dispute that may arise from or in connection with this Agreement and or its implementation.

ARTICLE 14- ENFORCEMENT

Upon the acceptance and approval of this Agreement and the payment for the order placed on the Website, the BUYER will be deemed to have accepted all the terms of this Agreement and thus this Agreement will enter into force.

BUYER agrees, declares, and undertakes that the BUYER is clearly informed by the SELLER according to the internet environment and Law No 6502 regarding name, title, full address, telephone and other contact information, basic characteristics of the services subject to the sales, sales price including taxes, payment methods, all preliminary information regarding the services subject to the sales, and the use and the method of use of the right of withdrawal, official authorities to submit complaints and objections to as well as all rights and liabilities brought in by the agreement and they have accurate and complete knowledge about aforementioned matters and then placed an order, they have become a party by accepting the terms and conditions of the Agreement and they have no objections to it.

The Preliminary Information Form on the Website and the invoice issued upon the order placed by the BUYER are integral parts of this Agreement.

SELLER : HDC SAÇ YERLEŞRTİRME VE AKSESUARLARI İTH İHR TİC. LTD. ŞTİ.

BUYER : [invoice-name] [invoice-company]

DATE : [date]