REMOTE SALES CONTRACT
Name and Surname
- The Cargo Company through which goods are sent if the buyer wants to return them
Name and Surname
• Universality and Scope of Contract
Remote Sales Contract ("Contract") was issued in accordance with Consumer Protection Law No. 6502 ("Law") and the Remote Contracts Regulations.
The Parties to this Agreement acknowledge that they understand the obligations and responsibilities arising from the articles below and the Remote Contracts Regulations under this agreement.
Subject of this Agreement:
The buyer is notified that the goods or services owned by the seller have been obtained from www. fireflymoda.com, which is owned by ARİSTEA REKLAM VE DIŞ TİCARET LİMİTED ŞİRKETİ
• Basic qualifications and prices (of goods and services) covered by the contract, including VAT:
Address of seller:
Product’s name and code:
Total sales with VAT:
The advertised prices and promises apply until they are updated and modified. Prices advertised on a regular basis are valid until the end of the specified period.
Product’s price without cargo cost:
Total with cargo:
Plan and form of payment:
Amount Paid with VAT
(This will be determined according to the options in the payment system which were established with the bank and the financial institution)
Received subtracted debt:
Interest rate used in the subtracted debt:
Terms of delivery:
(Commencing from the day on which the order was made by the buyer for the service or goods)
(The price of the product will be collected from the buyer by the seller fireflymoda.com via the payment protection system)
• Delivery of Goods and Delivery Form:
The contract enters into force by the buyer in electronic form and shall be executed upon the delivery of the goods or services purchased by the buyer, from seller to buyer.
The goods will be delivered to the person / authorized person and address specified in the contract and in the buyer’s order file.
• Delivery and Delivery Costs:
The buyer is charged with delivery costs, unless there is a verdict contrary to that; if the seller acknowledges that he will bear the delivery fee on the website, he (“Seller”) will be charged with the delivery expenses.
Delivery of goods is made during the commitment period after payment is made.
The seller must deliver the goods or services to the buyer within a period of 30 days from the date of ordering goods or services, provided that the seller retains the conditions in which it is impossible to deliver the services or goods ordered.
If the buyer does not pay the service or goods costs for any reason or the amount paid in bank records is canceled, in this case the seller is not responsible for the delivery of the service or the goods.
If the seller delivers the goods to the cargo, and the buyer receives them, and then the buyer wants to cancel the order he (“buyer”) will be responsible for the cargo costs.
If it is not possible to fulfill the delivery of the required goods and services, the seller will notify the buyer within 3 days from the date of being informed of this situation; otherwise, all the received payments, including delivery charges, are returned within a maximum period of 14 days from the date of notification.
• Pledge and Acknowledgement of the Buyer
The buyer acknowledges that he has read and understood the preliminary information that has been clarified by the Seller, with regard to the basic characteristics of the services and goods covered by the subject of the contract on the Site, the selling price and the form of payment. Buyers can access their requests and complaints as consumers using the contact information listed above.
The buyer must confirm the agreement and the initial information request form electronically, and must confirm delivery and payment information, service and goods taxes including the price, basic characteristics of the service or goods required and the address to be given to the buyer by the seller before the conclusion of the remote sale contract; this information must be confirmed in full.
In the event that the buyer receives the clearly-identified service or goods -the subject of the contract- from the cargo company and they have been damaged or defective at the time of delivery with problems like (a torn cover, a broken piece, etc.), the entire responsibility is upon the buyer.
After the delivery of the goods or service, if the bank or financial institution fails to pay the price of the service or goods to the seller because of the use of the credit card of the buyer illegally or unfairly by unauthorized persons without the buyer having a relationship with this error, the buyer shall bear the responsibility of returning the goods or service within 3 days to the seller provided that the buyer received it himself, and in this situation the delivery expenses are paid by the buyer.
• Pledge and Acknowledgement of the Seller
The seller shall be responsible for delivering the goods or services which are the subject of the Contract to the buyer in accordance with consumer legislation, properly and without any form of decrease, in accordance with the qualities specified in the application, and with the documentation and evidence of the warranty and the manual of use, if any.
If the goods or services that are the subject of the contract are not delivered during the specified period due to exceptional conditions or compelling reasons that could prevent the delivery, the seller will be responsible for informing the buyer within 3 days from the date of knowing the situation.
If the delivery of the service or goods that are the subject of the contract to a person other than the buyer, the seller is not responsible for the non-acceptance of that person concerned.
• Right to Cancel
The seller may use the right to cancel within 14 days from the date of purchase in transactions related to the sale of the service, and from the date of delivery in the transactions related to the purchase of the goods, without any civil or criminal liability and without any justification. The buyer is entitled to use this right until the time of delivery of the goods.
The buyer can use the right to cancel by logging in to the website then My Account - My Order – Return.
The buyer must return the goods within 10 days from the date of use of the right to cancel by taking the seller’s return address and filling out the return request form on the relevant page.
The goods must be returned with the invoice, the goods’ box, the cover, accessories and other products that were gift with the goods without shortage or damage.
The buyer shall not be liable for any changes, disturbances or losses incurred during the use of the goods, in accordance with the usage instructions and the technical and operational characteristics during the period of cancellation.
Detailed information on using the right to cancel is available at https:// fireflymoda.com/index.php?route=account/return/add
The seller shall bear the cargo charges in the return, provided that he sends it through the shipping company contracted with by the seller, and specified in the preliminary information form.
The seller is not responsible for the damage to the goods that the buyer returns during the cargo, and is not responsible for the cargo charge if it is sent with a shipping company not contracted with by the seller, and specified in the preliminary information form.
• Conditions in which the Right to Cancel is not Executed:
Under the provisions of the legislation, the buyer may not exercise the right to cancel in the following cases:
- The price varies depending on fluctuations in the financial market and in the case of contracts of goods or services that are not controlled by the seller (products in the categories of adornment, silver and gold.)
- In contracts for the delivery of goods with the possibility of expiry or which may be subject to the risk of immediate deterioration, and which are not appropriate to return to normal nature, which is prepared according to the needs of the buyer personally or clearly according to his wishes.
- Contracts related to the delivery of goods for which the return is not approved in terms of hygiene or health, or of the goods for which the protective elements, such as the covering, seal and attachment, were opened after delivery.
- Contracts for goods blended with other products which cannot be separated by their nature, after delivery.
- Contracts related to computer supplies, software, audio and video recordings and books that are presented in a physical medium provided that the protection elements such as cover, seal and glue-tape are opened by the buyer.
- Contracts related to the delivery of periodical publications such as newspapers and periodicals, except as provided for in the comprehensiveness of the customer contract.
- Contracts related to the evaluation of leisure time, which is for the purpose of entertainment or pleasure, food and drink supplies, car rental, transfer of objects and place of residence due to a specific period or date.
- Contracts related to the fulfillment of services related to lottery and betting.
- Contracts related to services provided with consumer consent before the end of the right of withdrawal.
- Contracts associated with non-physical goods that are delivered immediately to the consumer, and service contracts that are delivered in electronic media (such as gift cards, gift coupons, currency replacement vouchers, etc.)
- The right of withdrawal will not be used in services or goods that have been left out of the comprehensiveness of the remote sale contracts.
- Services in areas such as the entertainment sector, restaurants, accommodation, travel, drinks, daily consumables and food delivered to the seller’s home with regular cargo deliveries. Conditions for the return and replacement of goods and services of this type that are subject to sale in holiday categories follow the rules and practices of each seller.
• Conflict Resolution
- The seller holds the direct responsibility for the service or goods sold within the scope of the law and the remote sales contracts.
- In disputes arising from the remote sale contract or value, the Ministry of Commerce and Customs shall declare the value. Consumer courts shall then be empowered by consumer complaints arbitrators in the provinces or areas where the buyer resides or buys the product, at his place of residence. However, buyers will complain about the goods and services they purchase directly to sellers.
• Price of Goods and Service
The price of goods whether in cash or deferred is the price in the invoice that is sent to the buyer with the product and in the e-mail information sent at the end of the order.
• Conditions of Default, and Consequences
If the buyer fails to do business with the credit card, the buyer –the owner of the credit card– will be responsible before the bank and will pay interest on the credit card contract that he signed with the bank.
In this case, the bank may apply for compensation for the legal damages and the buyer shall be required to pay the Agency’s fees and the resulting expenses.
In the event that the buyer defaults on the debt under any circumstances, the buyer will be responsible for the loss and damage that affected the seller, due to the buyer’s delay in paying the debt.
• Reporting Contract and Evidence:
Any correspondence between the parties under this Agreement shall be made through ‘My account’ > ‘Product Inquiries’ or via the e-mail on the website, except for the mandatory conditions provided for in the legislation.
In the event of any dispute arising out of this Agreement, the buyer acknowledges that the electronic and computer records in which the seller maintains its database with its official records and commercial records constitute binding evidence that the buyer undertakes and agrees to accept.
• Contract Enforcement
This contract consists of 14 articles, concluded on the date of the buyer’s approval and accepted in electronic form, through reading by the parties.