DISTANT SALES AGREEMENT
DISTANT SALES AGREEMENT
This agreement is signed between the parties
Company Title: PRV International BV
Address: Lichtenauerlaan 102-120, 3062ME Rotterdam / Netherlands
Phone: +(90) 212 230 19 96
(Will be referred as SELLER hereafter)
Identity Number, Tax Number (if exist) :
(Will be referred as BUYER hereafter)
within the framework of the articles given below:
2-) SUBJECT OF THE AGREEMENT
2.1. SELLER, under the domain name eu.toucheprive.com (hereinafter referred to as "Web Site"), also carries out the sales and marketing activities of its products on the internet. The subject of this agreement is to determine the rights and obligations of the parties SELLER and consumer pursuant to the provisions of the Law on the Protection of the Consumer and the Regulation on the Distant Sales Agreement concerning the sale and delivery of the following products ("Product / Products") ordered by the BUYER ' through the Website electronically. This agreement applies in the case where the BUYER is a consumer in accordance with the Law on the Protection of the consumer (i.e., if the goods are not purchased for professional and / or commercial purposes).
2.2. BUYER agrees and confirms that s/he has been informed in a clear and understandable way by the SELLER about the name, title, open address, telephone and other access information, basic characteristics of products subject to sale, sales price including tax, form of payment, delivery conditions and costs etc. all the preliminary information about the products subject to sale and the use of the right of "cancellation" and how this right can be used, the official authorities for complaints and objections etc., s/he had confirmed these preliminary information electronically and afterwards s/he has ordered the product.
The preliminary information provided at http://eu.toucheprive.com, membership agreement, explicit consent form for personal data and invoice made on the order of the BUYER is an integral part of this agreement.
ARTICLE 3- SUBJECT OF THE AGREEMENT/ PRODUCT/ PAYMENT/DELIVERY INFORMATION
Type, amount, brand / model, color, number, sales price, payment type of Goods / Product / Service is as indicated below.
* Type of the Product :
*Sales Price (without VAT) :
Delivery Price :
Payment Type :
*Delivery Address :
Person to be Delivered:
*Invoice Address :
3.1. The type and quantity, amount, brand / model, sales price, payment type, person to be delivered, delivery address, billing information and the shipping fee of the product / products purchased in the electronic environment are as stated above.
3.2. The person on whom the invoice would be arranged and who makes the agreement have to be the same.
3.3. The information contained in this contract must be accurate and complete. The BUYER agrees to fully compensate for any damages that may arise in the event that this information is incorrect or defective, and furthermore, the BUYER accepts any consequences or liabilities that may arise from this situation. The SELLER reserves the right to stop the order until it is certain that the information given by the BUYER is true and when it deems necessary.
3.4. If the SELLER detects a problem with the order, if it cannot reach the SELLER from the telephone, e-mail and postal address given by the SELLER, it will stop placing the order until it reaches the SELLER and wait for the SELLER to contact him / her during this period. If there is no answer from the BUYER or the BUYER does not reach out the SELLER, the SELLER cancels the order so that both parties are not damaged.
ARTICLE 4- DATE OF THE AGREEMENT AND FORCE MAJEURE
4.1. The date of the agreement is…………. the date on which the order was placed by the BUYER.
4.2. Situations that make it impossible to fulfill the responsibilities of the parties on time, obstacles that may arise during customs of the country policies during export, that are not available at the date of signing of the agreement or unforeseen, evolving beyond the control of the parties and preventing the parties to pay their debt and responsibility that they installed on a contract partially or in whole will be considered as State of Emergency and force majeure (natural disasters, war, terrorism, rebellion, changing legislation, confiscation or strike, production and significantly malfunction etc. communication facility).
The party taking part in the cause of the force majeure shall notify the other side of the situation immediately and in writing. They will not have any responsibilities as they cannot fulfill the actions of the parties during the continuation of the force majeure. If the force majeure situation continues for 30 (thirty) days, each party will be entitled to terminate this contract unilaterally.
ARTICLE 5- RIGHTS AND RESPONSIBILITIES OF THE SELLER
5.1. SELLER agrees and undertakes to fulfill the obligations imposed on the agreement in accordance with the provisions of the Law on Protection of Consumers and Regulation on Distance Agreements, except for the cases of force majeure.
5.2. People under 18 (eighteen) cannot shop at http: //eu.toucheprive.com. The SELLER will base on the fact that the buyer's age stated in the contract is correct. However, because of the miswriting the age of the BUYER, SELLER will not be able to assume any responsibility.
5.3. SELLER is not responsible for price errors due to system errors. In so doing, the SELLER is not responsible for any promotional, price or all kinds of other errors that may arise due to interventions that may be made to the website through the system, design or illegal ways on the internet site. Based on system faults, the BUYER cannot claim the right from the SELLER.
5.4. The BUYER can shop on http://eu.toucheprive.com with credit card (Visa, MasterCard, etc.) or by bank transfer. Any orders of which money transfer is not remitted within 7 days of the order date will be canceled.
5.5. The time of processing the orders is not the moment of ordering the product but when the necessary collection was done on credit card or when the necessary money transfer is processed to the SELLER’s bank accounts. Payment methods such as paid shipment or postage that are not negotiated with customer service are not accepted.
ARTICLE 6- RIGHTS AND RESPONSIBILITIES OF THE BUYER
6.1. BUYER agrees and undertakes to fulfill the obligations imposed on him / her in the agreement completely except the force majeure. The BUYER agrees and undertakes that it accepts the provisions of the contract of employment together with placing an order and shall make payment according to the contract.
6.2. BUYER agrees and confirms that s/he has been informed in a clear and understandable way by the SELLER about the name, title, open address, telephone and other access information, basic characteristics of products subject to sale, sales price including tax, form of payment, delivery conditions and costs etc. all the preliminary information about the products subject to sale and the use of the right of "cancellation" and how this right can be used, the official authorities for complaints and objections etc. on the website http://eu.toucheprive.com , s/he had confirmed these preliminary information electronically and afterwards s/he has ordered the product.
6.4. If the BUYER want to return the purchased product, s/he agrees and undertakes not to damage the product and its packaging in any way whatsoever and to absolutely refrain from using it and returning the original invoice and the delivery note at the time of return.
ARTICLE 7- ORDER/PAYMENT PROCEDURE
7.1.1 After the purchase amount of the products added to the shopping cart, including VAT, is confirmed by the BUYER (total installment amounts for payments in installments), it is processed through the bank pos. For this reason, orders confirmation e-mail is sent to the customer before shipment. Order is not shipped without a Confirmation E-mail.
7.1.2. Any failure during the processes or problems that may arise due to the credit card are reported to the BUYER through one or more of the communication addresses such as telephone / fax / e-mail addresses specified in the agreement. If necessary, the BUYER may be asked to contact her/his bank.
7.1.3. The time of processing the orders is not the moment of ordering the product but when the necessary collection was done on credit card or when the necessary money transfer is processed to the SELLER’s bank accounts.
7.1.4. In the event that the contractual item cannot be supplied for an exceptional reason and / or the stock problem is encountered, the BUYER shall be informed immediately and clearly, and in case of asking and confirming the choice, the seller may send another product at the equal price and quality of the ordered product. The product may be expected to enter the stocks or the buyer could wait until the obstacle eliminated and / or the order can be canceled and the fee can be returned.
7.1.5. -In case the contractual delivery obligation is not fulfilled, the BUYER shall be informed of the situation and the total amount paid by him/her and any documents which put him/her under liability shall be returned to within ten days at the latest and the contract shall be canceled. In such a case, the BUYER will not be entitled to any further material or moral damages from the SELLER.
7.2.1. http: // eu.toucheprive.com, For the buyers who do not want to use their credit card information on http://eu.toucheprive.com, were offered to order the product via money transfer. The BUYER can choose the most appropriate bank and pay for it via money transfer. If EFT is done, the due date will be taken into consideration. When transferring a Money or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
7.2.2. In case the bank or financial institution cannot pay the price of the product to the SELLER as the credit card belonging to the SELLER is used unauthorized or unlawfully by the unauthorized persons without any fault of the SELLER after the delivery of the product, the BUYER shall deliver the product to the SELLER within 10 days as unused. In such cases, the delivery costs belong to the BUYER.
7.2.3. If the BUYER preferred to make a payment by credit card, the BUYER accepts, acknowledges and confirms that the relevant interest rates will also be confirmed by the bank regarding the default interest and that the provisions related to the interest and default interest in accordance with the applicable legislative provisions shall be applied within the scope of the "Credit Card Agreement".
ARTICLE 8- SHIPMENT/DELIVERY PROCEDURE
Upon delivery of the order confirmation mail, the product / products are given to the contractual shipping companies of the SELLER.
Delivery Address : ……….
Person to be Delivered : ………
Delivery Cost : …….. €,
8.2.1. The delivery cost is added to the total amount of the order and paid by the BUYER. The delivery cost is not included in the product cost. The product / products will be delivered to the address of the BUYER with the contractual shipment companies of the SELLER. The delivery time is 30(thirty) days after the order confirmation mail is sent and the agreement is approved. This period may be extended by a maximum of ten days, provided that the BUYER is notified in writing or with a permanent data carrier. The products are sent to the areas where the shipment companies do not deliver to the address by telephone notice.
8.2.2. In areas where the Shipment Company delivers once in a week, there might be some delay in the shipment if there is an error or lack of information in the shipment information or in case of some social or natural disasters. The SELLER shall not be liable to the BUYER due to these kind of delays.
8.2.3. If the product is to be delivered to a person other than the BUYER, SELLER is not responsible for the failure to accept the delivery by the delivering person, the mistake in the shipping information and / or the extra shipping charges that may arise as the person not being in the delivery address. If the product / products do not reach the customer within the specified days, customer services at eu.toucheprive.com should be immediately notified of the delivery problems.
8.2.4. In the case of a damaged package, damaged packages should not be received and the shipment company officer should be asked to take the minutes down. If the Shipment Company official considers that the package is not damaged, the BUYER has the right to check if the package has been opened or not and that the products have been delivered undamaged and that the condition should be determined with a record. Once the package is received by the BUYER, it is accepted that the Shipment Company has performed its full duty. If the package is not accepted and the minutes are kept, the situation should be reported to the SELLER Customer Services as soon as possible with the copy of the minutes in the BUYER.
ARTICLE 9- PROCEDURE CONCERNING THE PRODUCT RETURN AND RIGHT OF WITHDRAWAL
9.1. PRODUCT RETURN:
9.1.1. The BUYER shall have the right to withdraw from the agreement within seven days of following the delivery of the products without any justification and without penal terms.
9.1.2. 385 In order to be able to carry out the return procedures in accordance with the general Tax Procedure Law numbered, the BUYER shall completely and correctly fill in the return parts of the two invoices belonging to the SELLER which are delivered together with the products and then sign and send a copy to the SELLER together with the product, and s/he should keep the other copy of the invoice. The right of withdrawal starts from the day when the products are delivered to the BUYER. The cost of the shipment of the returned product or products belongs to the BUYER.
9.1.3. The buyer does not have the right to withdraw for the products that are specially prepared for her/his personal needs or desires. In the event that the BUYER uses the right of withdrawal, the SELLER shall refund the total amount of the receipt, including the withdrawal notification, with the product at least within ten days from the date of receipt, together with any documents that put the consumer into debt, without any cost to the consumer.
9.1.4. The value decrement and usage of the delivered products or any reason that precludes the return of the product does not prevent the right of withdrawal. However, if the value decrement or the impossibility of the return is caused by the fault of the consumer, the consumer must compensate the value of the products or the value decrement to the SELLER.
9.1.5. The general return period for each product received by mistake is seven days. During this time, the products which are opened, used, destroyed whatsoever are not accepted. The product must be returned in original packaging. If it is detected that the package or the product received by mistake is opened, used, ruined, broken, torn and other conditions are detected; and if the product is not returned in as delivered to the BUYER, the product will not be returned and the price will not be refunded.
9.1.6. The return request for the product item should be first made to the customer service. The return information of the product is sent to the BUYER by the SELLER. After this communication, the product should be sent to the SELLER through the contractual Shipping Company, which delivered the product to the address, together with the invoice containing the information about the return. Provided that the returned products arriving at the SELLER’s address meets the conditions stated in this contract, it is deemed as refundable and the refund payment shall be made to the BUYER’s credit card / account. The money shall not be transferred to the BUYER, before the product is returned to the SELLER. The duration of the refunds on credit cards is at the disposal of the relevant banks.
9.1.7. If the shopping is made by credit card and in installments, the credit card return procedure will be applied as follows: The Bank will refund the BUYER in the same number of installments as the BUYER bought the product. After the SELLER pays all of the product value to the bank at one time, in order for the parties’ best advantages, the requested return amounts will be transferred to the bearing accounts bu the Bank in installments. Cancellation of the purchased products with installments will be returned to the BUYER each month as the installment fees. If the BUYER pays additional installment payments by the due date, these payments will be returned in the same month after the payment of the last installment.
9.1.8. In the case of products and services purchased by the card, the SELLER shall not be able to pay cash to the BUYER in accordance with the contract with the Bank. The merchant, namely the SELLER, shall make an invoice via the related software when a refund transaction is concerned as the SELLER is obliged to pay the bank in cash on the account, and in accordance with the procedure detailed above the SELLER cannot make cash payment to the BUYER. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the BUYER makes the payment to the bank all in once.
ARTICLE 10- WARRANTY
Products that are used and cleaned in accordance with the instructions are guaranteed for 2 years against all production faults within the following conditions.
ARTICLE 11- CONFIDENTIALITY
The SELLER will not share BUYER’s information, given to the SELLER with the purpose of making payment with the information specified in this agreement with 3rd parties.
The SELLER may only disclose this information within the framework of the existence of an administrative / statutory obligation. In the case of any kind of forensic investigation that has been documented for research, the SELLER may provide the relevant authority if he / she is in possession of the required information. Credit Card information is never stored. Credit card information is only used to securely transmit the bill to the relevant bank during the collection process and is deleted from the system after provisioning. The information such as e-mail address, mailing address and telephone belonging to the BUYER is only used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER upon their approval.
ARTICLE 12- GOVERNING JURISDICTION AND ENFORCEMENT OFFICERS IN CASE OF DISPUTE
In the event of a dispute arising from the application of this agreement, the SELLER and BUYER records (including records on magnetic medium such as computers, sound recordings) constitute conclusive evidence. Without prejudice to the relevant provisions, the agreement shall remain in force until the Parties fulfill their payment / delivery obligations. Consumer Arbitration Committees and Consumer Courts in the residence of the SELLER are authorized.
With the confirmation of the order, the BUYER agrees on all the articles of this contract.