Distance Sales Agreement
Article 1 - Parties
1.1. Seller
Name: ALTINBAŞAK ANONİM ŞİRKETİ
Address: Organize Sanayi Bölgesi 1. Kısım Turan Bahadır Cad. No:17 DENİZLİ / TÜRKİYE
Phone: (0258)269 10 69
Email: müsterihizmetleri@altinbasak.com
1.2. Buyer
Name – Surname/Turkish ID No:
Address:
Phone:
E-mail:
Article 2 - Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose characteristics and sales price are specified below, and which the BUYER ordered electronically from the website https://altinbasak.com belonging to the SELLER.
The Buyer accepts and declares in the provisions of this contract that they have been informed by the seller in a clear, understandable, and internet-friendly manner about the seller's name, title, full address, phone and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information regarding the goods subject to sale, and the right of "withdrawal" and how to exercise this right, official authorities to whom complaints and objections can be submitted, etc., that they have confirmed this preliminary information electronically, and that they subsequently placed an order for the goods.
The preliminary information on the https://altinbasak.com website and the invoice issued based on the order placed by the buyer are integral parts of this contract.
Article 3 - Product/Payment/Delivery Information Subject to Contract
The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product/products purchased electronically are as stated below. The person to whom the invoice is issued must be the same as the person concluding the contract. The information provided below must be correct and complete. The buyer accepts to completely cover the damages arising from incorrect or incomplete information and also accepts all responsibilities that may arise from this situation.
The SELLER reserves the right to suspend the order if the information provided by the BUYER does not match reality, in cases deemed necessary. If the SELLER detects a problem with the order and cannot reach the BUYER via the phone, email, or postal addresses provided by the BUYER, the order will be put on hold for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter during this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent harm to both parties.
Purchased Product/Products
Name, code
Total Sales Price:
Payment Method:
Recipient:
Phone Number:
Delivery Address:
Person/Institution to be Invoiced:
Invoice Address:
Shipping Fee:
Article 4 - Date of Contract and Force Majeure
The contract date is the date the order was placed by the buyer.
Situations that are not existing or foreseen on the date of signing the contract, developing beyond the control of the parties, and making it impossible for one or both parties to partially or completely fulfill their debts and responsibilities under the contract or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terrorism, rebellion, changing legislative provisions, confiscation or strike, lockout, significant malfunctions in production and communication facilities, etc.). The party experiencing force majeure shall immediately and in writing notify the other party of the situation.
During the continuation of the force majeure, the parties shall not be liable for non-fulfillment of their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to unilateral termination.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fully fulfill the obligations imposed on it in the contract, except for force majeure events, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
5.2. Persons under 18 (eighteen) years of age cannot shop at ALTINBAŞAK TEKSTİL SANAYİ VE TİCARET A.Ş. The Seller will assume that the buyer's age stated in the contract is correct. However, the seller cannot be held responsible in any way due to the buyer's incorrect age entry.
5.2. https://altinbasak.com is not responsible for price inaccuracies resulting from system errors. Accordingly, the seller is not responsible for promotional and pricing errors that may arise due to system, design, or illegal interventions on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. Purchases can be made from https://altinbasak.com with a credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which a transfer is not made within one week from the order date will be cancelled. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal order, implemented without consultation with customer service, are not accepted.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on him/her in the contract, except for force majeure events.
6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions of this contract and will make the payment according to the payment method specified in the contract.
6.3. The Buyer accepts and declares that he/she has obtained clear, understandable, and internet-friendly information from the https://altinbasak.com website regarding the seller's name, title, full address, phone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the goods subject to sale, and the exercise of the "right of withdrawal" and how this right will be exercised, official authorities to whom complaints and objections can be submitted, etc., and that he/she has confirmed this preliminary information electronically.
6.4. In connection with the previous article, the Buyer declares that he has read and understood the https://altinbasak.com order/payment/use procedure information, which includes product order and payment conditions, product use instructions, precautions taken against possible situations, and warnings, and that he has given the necessary electronic confirmation.
6.5. If the Buyer wishes to return the purchased product, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
Order:
The VAT-inclusive TL amount (total installment amounts in installment transactions) of the products added to the shopping cart is processed through the POS of the relevant bank card after being approved by the buyer. Therefore, before orders are shipped, an order confirmation email is sent to the customer. No shipment is made without sending an Order Confirmation email.
Any disruption in the process or problems that may arise with the credit card will be notified to the buyer using one or more of the phone/fax/email methods specified in the contract. If necessary, the buyer may be asked to contact their bank. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the buyer will be immediately informed in a clear and understandable manner, and if they approve, another good of equal quality and price may be sent to the buyer, or in line with the buyer's desire and choice; a new product may be sent, the entry of the product into stock or the removal of other obstacles preventing delivery may be awaited, and/or the order may be cancelled.
In cases where the obligation to deliver the goods subject to the contract becomes impossible, the buyer will be informed of this situation, and the total amount paid by them and any documents that put them in debt, if any, will be refunded within ten days at the latest, and the contract will be cancelled. In such a case, the buyer will not have any additional material or moral damage claims against the seller.
Payment:
https://altinbasak.com offers cash transfer order options to buyers who do not wish to use credit card information online. For payment by transfer, the buyer can choose the most suitable bank and make the transfer. If an EFT has been made, the date of credit to the account will be taken into consideration. When making a transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information, and the order number must be written.
If the buyer's credit card is used unfairly or unlawfully by unauthorized persons after the product is delivered, not due to the buyer's fault, and the relevant bank or financial institution does not pay the product price to the Seller, the buyer is obliged to send the delivered product to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer.
If the Buyer has chosen to pay by credit card, the BUYER accepts, declares, and undertakes that they will confirm the relevant interest rates and default interest information separately from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the current legal regulations.
Article 8 - Shipment/Delivery Procedure
Shipment:
Upon sending the order confirmation email, the product/products are handed over to the cargo company contracted by the seller.
Delivery:
The product/products will be delivered to the buyer's address by the cargo company contracted by the seller. The delivery period is 30 days from the sending of the order confirmation email and the conclusion of the contract. This period can be extended by a maximum of ten days, provided that the buyer is notified in writing or via a permanent data carrier in advance.
Products are sent with phone notification to areas where cargo companies do not provide address delivery.
In areas where the Cargo Company delivers once a week, in cases of incorrect or incomplete shipping information, or in situations such as some social events and natural disasters, the specified delivery time may be extended. The buyer cannot hold the seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for extra shipping fees that may arise from the person/organization refusing to accept the delivery, incorrect shipping information, and/or the Buyer not being at their location. If the product/products have not reached the customer within the specified days, delivery problems should be immediately reported to customer service at musterihizmetleri@altinbasak.com.
In case of a damaged package; Damaged packages should not be accepted, and a report should be made by the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there, check that the products were delivered undamaged, and request that the situation be recorded in a report. After the package is accepted by the Buyer, it is assumed that the Cargo Company has fully performed its duty. If the package has not been accepted and a report has been made, the situation should be reported to the seller's Customer Service as soon as possible, along with the copy of the report retained by the Buyer.
Article 9 - Product Return and Right of Withdrawal Procedure
Product Return:
The buyer has the right to withdraw from the contract within seven days after receiving the goods, without stating any reason and without paying any penalty. In order for return transactions to be carried out in accordance with the general communiqué of tax procedure law no. 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller, delivered with the goods, completely and correctly, then sign them and send one copy to the seller together with the product, and keep the other copy. The right of withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be borne by the buyer.
The right of withdrawal does not apply to goods prepared in accordance with the buyer's wishes and/or explicitly for his personal needs.
If the buyer exercises their right of withdrawal, the seller will refund the total amount received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the withdrawal notification reaches them with the product, without imposing any cost on the consumer.
A decrease in the value of the received goods or the existence of a reason making the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the consumer must compensate the seller for the value of the goods or the decrease in their value.
The general return period for any product mistakenly purchased is 7 days. Within this period, products that have been opened, used, damaged, etc., are not accepted for return. Returns must be made with the original packaging.
In cases where any opening, damage, breakage, destruction, tearing, use, or other such conditions are detected in the mistakenly purchased product and its packaging, and if the product cannot be returned in the state it was delivered to the buyer, the product will not be accepted for return and its price will not be refunded.
For product returns, the situation must first be communicated to customer service. Information regarding sending the product back as a return will be communicated by the seller to the customer. After this communication, the product must be delivered to the seller via the Cargo company that delivered it to the buyer's address, along with the invoice containing information about the product return. If the returned product received by the seller meets the conditions specified in this contract, it will be accepted as a return, and the refund will be made to the buyer's credit card/account. No refund will be made before the product is returned. The time it takes for refunds to be reflected in credit card accounts is at the discretion of the relevant bank.
If the purchase was made with a credit card and in installments, the credit card refund procedure will be applied as follows: The Bank makes the refund to the buyer in installments, according to the number of installments the buyer requested for the purchase. After the Seller pays the full product price to the bank in a single payment, in cases where installment purchases made through bank POS are refunded to the buyer's credit card, the requested refund amounts are transferred by the Bank to the cardholder's accounts in installments, to prevent the involved parties from being disadvantaged. The installment amounts paid by the buyer until the sales cancellation, if the refund date and the card's statement closing dates do not coincide, will reflect as 1 (one) refund to the card each month, and the buyer will receive the installments they paid before the refund for the same number of months after the sales installments are finished, and these amounts will be deducted from their current debts.
In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer due to the agreement made with the Bank. The merchant, i.e., the seller, will make the refund via the relevant software when a return transaction is in question, and since the merchant, i.e., the seller, is obliged to pay the relevant amount to the Bank in cash or by offset, cash payment cannot be made to the buyer according to the procedure detailed above. The credit card refund will be made by the Bank according to the above procedure after the buyer pays the full amount to the Bank in a single payment.
Article 10 - Warranty
Products used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all manufacturing defects under the following conditions: The seller's warranty liability is only valid for consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.
Article 11 - Confidentiality
The information provided by the Buyer in this contract and the information submitted to the seller for payment purposes will not be shared by the seller with third parties.
The seller may only disclose this information within the framework of existing administrative/legal obligations. In the scope of any judicial investigation whose authority to investigate has been documented, the seller may provide the requested information to the relevant authority if it possesses it.
Credit Card information is never stored; Credit Card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
The buyer's email address, postal address, and telephone number are only used by the seller for standard product delivery and notification procedures. Campaign information, information about new products, and promotional information may be sent to the buyer after their approval in certain periods.
Article 12 - Authorized Courts and Enforcement Offices in Case of Dispute
In the event of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the domicile of the Buyer or Seller are authorized up to the value announced by the Ministry of Industry and Trade every December.
In case of an order, the Buyer is deemed to have accepted all terms of this contract.