DISTANCE SALES AGREEMENT
PLEASE NOTE: In accordance with the relevant legislation, please print and read the following agreement text in 12-point bold font. In addition, every buyer who makes a purchase through our website shall be deemed to have read and accepted all provisions of this sales agreement prepared by us, without the need for any further notice.
SELLER
TRİKOLAY GİYİM SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: DEFTERDAR MAH., OTAKÇILAR CAD., SINPAŞ FLATOFİS No:78, Apartment No:94
Phone: +90 531 874 76 19
E-mail: [email protected]
BUYER
Customer (The Buyer is the person who makes a purchase via the Seller’s website trikolay.com. The address and contact information declared by the Buyer in the invoice and communication details shall be taken as basis.)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to the Agreement, they will be obliged to pay the order amount and any additional fees specified such as shipping costs and taxes, and that they have been informed accordingly.
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the goods/services ordered electronically by the Buyer via the Seller’s website trikolay.com, which have the qualifications specified in this Agreement and whose sales price is stated herein.
The Buyer declares and accepts that they are informed about the basic characteristics of the goods/services subject to sale, sales price, payment method, delivery conditions, all preliminary information regarding the goods/services, and the right of withdrawal; that they have confirmed this preliminary information electronically; and that they subsequently placed the order in accordance with the provisions of this Agreement.
Products whose packaging, seal, band, or protective elements have been opened after delivery cannot be returned for health and hygiene reasons, and the right of withdrawal cannot be exercised in such cases. Opening the product packaging constitutes an exception to the right of withdrawal.
The prices listed and announced on the website are sales prices. Announced prices are valid until updated or changed. If a product is offered for sale for a limited time, the announced price shall remain valid until the end of the specified period.
The Buyer accepts and undertakes that the information entered into the system during membership registration and/or shopping belongs to them or that they have the right to use and share such information, and that they will not enter any data for which they do not have the right of use; otherwise, all responsibility shall belong to the Buyer.
The preliminary information and invoice on the trikolay.com payment page constitute an integral part of this Agreement. Once the order is completed, the Buyer shall be deemed to have accepted all terms of this Agreement.
ARTICLE 3 – DATE OF THE AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
This Agreement is executed on the date the Buyer places the order. The goods/services shall be delivered to the address specified by the Buyer.
Packages that are believed to be damaged during shipment must be opened and checked in the presence of the cargo company officer. If any damage is detected, a report must be prepared by the cargo company and the product must not be accepted. If no report is prepared, the Buyer shall be deemed to have accepted that the cargo company has fulfilled its obligations properly.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The Buyer accepts that they have read and been informed about the basic characteristics, sales price, payment method, and delivery conditions of the products displayed on the website and that they have provided the necessary confirmation electronically.
4.2. The product shall be delivered to the delivery address specified by the Buyer on the website, packaged and intact, together with its invoice, within a maximum of 30 days.
4.3. If the product is to be delivered to a person or entity other than the Buyer, the Seller shall not be responsible if the recipient refuses to accept delivery.
4.4. The Buyer is responsible for checking the product upon delivery and for refusing acceptance and preparing a report with the cargo company officer if any damage caused by shipment is detected. Otherwise, the Seller shall not be held responsible.
4.5. The Agreement approved by the Buyer during shopping on the website shall be valid and binding in all cases.
4.6. Unless otherwise stated in writing by the Seller, the Buyer must pay the full product price before delivery. If payment is not made prior to delivery, the Seller may unilaterally cancel the Agreement and refrain from delivering the product.
4.7. If, for any reason, the bank or financial institution of the Buyer’s credit card fails to pay the product price to the Seller after delivery, the Buyer must return the product to the Seller within 3 days, at their own expense. The Seller’s contractual and legal rights, including debt collection rights, remain reserved in all circumstances.
For clarity, installment/payment facilities provided by banks or financial institutions are considered credit facilities offered directly by such institutions. Accordingly, product sales for which the Seller has fully received payment shall not be considered installment sales for the purposes of this Agreement but shall be deemed cash sales. The Seller’s legal rights in legally defined installment sales (including the right to terminate the contract and/or demand full payment of the remaining debt with default interest) remain reserved. In case of Buyer’s default, a monthly default interest rate of 5% shall apply.
ARTICLE 5 – RIGHT OF WITHDRAWAL
You may return your order within 14 days, provided that the Seller’s product box remains unopened, with the approval of customer service. After the returned order reaches our return warehouse, it will be inspected, and once confirmed as unopened, the refund will be processed to your bank.
Packages suspected to be damaged during shipment must be checked in the presence of the cargo officer before acceptance. If damage is detected, a report must be prepared and the product must not be accepted.
If deterioration, breakage, damage, tearing, usage, or similar conditions are detected, or if the product is not returned in the same condition as delivered, the product shall not be accepted for return and no refund shall be issued.
Return procedures will be completed within 7 business days from the date the product reaches the Seller. After return approval, credit card refunds will be processed within 5 business days. The bank may not reflect the refund within the same statement period; in such cases, the Buyer must contact their bank.
ARTICLE 6 – PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
Information provided by the Buyer under this Agreement and payment-related information shared with the Seller shall not be disclosed to third parties except for contracted cargo companies. If the Seller is required to disclose such information due to administrative or legal obligations, the Buyer may not hold the Seller liable.
The Seller undertakes to process the Buyer’s personal data lawfully in accordance with Law No. 6698 (KVKK), to prevent unlawful processing, access, or disclosure, and to ensure data security by implementing adequate technical and administrative measures. Data whose processing purpose has ceased shall be deleted, destroyed, or anonymized in accordance with legal retention periods.
By approving this Agreement, the Buyer declares that they have been informed about the processing of personal data within the scope of the Privacy Notice in compliance with Law No. 6698.
ARTICLE 7 – EVIDENCE AGREEMENT, JURISDICTION, AND ENFORCEMENT
In the resolution of disputes arising from this Agreement, Seller records (including computer and audio records) shall constitute conclusive evidence. Consumer Arbitration Committees shall be authorized for disputes within the limits announced by the Ministry of Industry and Technology; for disputes exceeding such limits, Istanbul Anatolian/European Consumer Courts and Enforcement Offices shall have jurisdiction.
The Buyer declares, accepts, and undertakes that they have read and examined all terms and explanations of this Agreement and its integral order form, and that they have received and accepted all preliminary information.
Upon completing payment for an order placed via the website, the Buyer shall be deemed to have accepted all terms of this Agreement. The Seller is obliged to make the necessary technical arrangements to obtain confirmation that the Buyer has read and accepted this Agreement prior to order completion.