Distance Sales Agreement

DISTANCE SALES CONTRACT

1.PARTIES

This Contract has been signed between the parties below under the terms and conditions specified below. 

A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)

B.'SELLER'; (hereinafter referred to as "SELLER" in the contract)

TITLE: OPTİMİST TEKSTİL SATIŞ VE PAZARLAMA A.Ş.

By accepting this contract, the BUYER hereby agrees in advance that if they approve the order subject to the contract, they will be obliged to pay the price of the order and any additional fees such as shipping and taxes, and that they have been informed about this.

2.DEFINITIONS

In the implementation and interpretation of this contract, the terms written below shall represent the explanations written opposite them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of Consumers,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the one offering goods,

BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDERER: The real or legal person who requests a good or service through the website belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

PRODUCT: Refers to the movable goods subject to the purchase and software, sound, image, and similar intangible goods prepared for use in electronic environments.

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 Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the specifications and sales price of which are specified below, ordered electronically by the BUYER through the website belonging to the SELLER.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Title: OPTİMİST TEKSTİL SATIŞ VE PAZARLAMA A.Ş.

Email: info@birdiejay.com

9. GENERAL PROVISIONS

9.1. The BUYER agrees, declares, and undertakes that they have read and are informed about the basic characteristics of the product subject to the contract, the sales price, payment method, and preliminary information regarding delivery on the website belonging to the SELLER, and that they have given the necessary confirmation electronically. The BUYER also agrees, declares, and undertakes that by confirming the Preliminary Information electronically, before the establishment of the distance sales contract, they have correctly and completely obtained the address to be provided by the SELLER, the basic features of the ordered products, the prices including taxes, and payment and delivery information.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's residence, provided that it does not exceed the 30-day legal period. 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 agrees, declares, and undertakes to deliver the contract subject product completely, in accordance with the qualities specified in the order, and if any, with warranty certificates, user manuals, and the necessary information and documents required by the job, to perform the work in accordance with legal regulations, free from any defects, in compliance with standards, based on principles of accuracy and honesty, to maintain and improve service quality, to show necessary care and attention during the execution of the work, and to act with caution and foresight.

9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance obligation arising from the contract expires.

9.5. The SELLER agrees, declares, and undertakes that if it becomes impossible to fulfill the product or service subject to the order and cannot fulfill the contractual obligations, it will notify the consumer in writing within 3 days from the date it learns of this situation and refund the total amount to the BUYER within 14 days. 

9.6. The BUYER agrees, declares, and undertakes to confirm this Contract electronically for the delivery of the product subject to the contract, and in case the product price is not paid for any reason and/or canceled in bank records, the SELLER's obligation to deliver the product subject to the contract will end.

9.7. The BUYER agrees, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or institution at the address indicated by the BUYER, and the credit card belonging to the BUYER is used unjustly by unauthorized persons resulting in the product price not being paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the contract to the SELLER within 3 days with the shipping cost borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure situations such as events beyond the parties' control, unforeseen in advance, and preventing and/or delaying the parties from fulfilling their obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product subject to the contract with an equivalent if available, and/or postponement of the delivery period until the obstructive situation is resolved from the SELLER. In case of cancellation of the order by the BUYER, payments made in cash by the BUYER will be refunded in full within 14 days. For payments made by credit card by the BUYER, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the refund amount credited to the BUYER's account by the bank after being refunded to the credit card by the SELLER may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after refund to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes through the address, e-mail address, landline and mobile phone numbers, and other contact information specified in the registration form by the BUYER or later updated by them. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed at them.

9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; damaged and defective goods/services such as dented, broken, torn packaging, etc., will not be accepted from the cargo company. It will be assumed that the received goods/services are undamaged and intact. The obligation to carefully preserve the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming the card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these 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 provided while registering on the SELLER's website is accurate, and that the SELLER will immediately compensate in cash and in full for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification.

9.13. The BUYER undertakes and agrees from the outset to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising will fully and exclusively bind the BUYER.

9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for illegal purposes, or violates the material and moral rights of others. Additionally, the member cannot engage in activities that prevent or hinder others from using services (spam, virus, trojan horse, etc.).

9.15. Links to other websites and/or other content owned and/or operated by third parties not under the control of the SELLER may be provided on the SELLER's website. These links are placed to facilitate navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.

9.16. The member who violates one or more of the articles listed in this contract shall be personally liable criminally and legally for this violation and shall indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore; in case this violation is brought to the legal domain, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER; in case the distance contract concerns the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery to himself or the person/institution at the address he shows, provided that he notifies the SELLER (In exchange transactions, the shipping fee is borne by the SELLER, in return transactions the shipping fee will be charged to the BUYER.) In distance contracts related to service provision, this period starts from the date the contract is signed. Before the right of withdrawal period expires, the right of withdrawal cannot be used in service contracts where the service has started with the consumer's consent. By accepting this contract, the BUYER acknowledges in advance that he has been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must not have been used within the scope of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. In case of exercising this right, 

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 together with the return invoice issued by the institution when returning. Order returns with invoices issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) Products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to refund the total amount (excluding the cargo fee in return transactions) and return the documents that put the BUYER under obligation within 10 days at the latest from the receipt of the withdrawal notice and to receive the goods within 20 days.

e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages proportionate to the fault. However, the BUYER is not responsible for changes and deteriorations caused by proper use of the goods or products within the withdrawal period. 

f) If the campaign limit amount arranged by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the campaign will be canceled.

g) BIRDIEJAY BEAUTY LABS PRODUCTS: You can return the order you received within 14 days with customer service approval, provided that the product's box and packaging are not opened under any circumstances.
After your order reaches the returns unit, it is inspected, and upon confirmation that it has not been opened, your refund will be processed.
Before accepting packages that you think were damaged during cargo shipment, open and check them in front of the cargo company official. If there is no damage to the product, have the cargo official draw up a report and do not accept the product. If you do not have a report drawn up, remember that by accepting the product, you will be deemed to have accepted that the cargo official has fully performed their duty.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared according to the BUYER's request or explicit personal needs and not suitable for return, such as underwear bottoms, swimsuit and bikini bottoms, makeup products, disposable items, goods that are perishable or may expire, products that are not suitable for return for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines except those provided under the subscription agreement, services performed instantly in electronic environments or intangible goods delivered instantly to the consumer, as well as sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, their return is not possible according to the Regulation. Also, the right of withdrawal cannot be exercised for services started with the consumer's consent before the withdrawal period ends, according to the Regulation.

For cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) to be returnable, their packaging must be unopened, untried, undamaged, and unused. 

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER makes payment transactions by credit card and defaults, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement with the card-issuing bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may claim the resulting expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed fulfillment of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or consumer court located in the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:

Effective from 01/01/2017, the value for applications to consumer arbitration committees for the year 2017:

a) In disputes below 2,400 (two thousand four hundred) Turkish Lira, district consumer arbitration committees,

b) In disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with metropolitan status, provincial consumer arbitration committees,

c) In disputes below 3,610 (three thousand six hundred ten) Turkish Lira in the centers of provinces that do not have metropolitan status, provincial consumer arbitration committees,

ç) In disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in districts affiliated with provinces that do not have metropolitan status, provincial consumer arbitration committees are authorized.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

BUYER is deemed to have accepted all the terms of this agreement when making the payment for the order placed through the Site. SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is fulfilled.