DISTANCE SALES AGREEMENT
ARTICLE 1 - SUBJECT OF
THE CONTRACT
1.1 This contract
determines the rights and liabilities of the parties in accordance with the
provisions of Law No. 6502 on the Protection of Consumers and the Regulation on
the Implementation Principles and Procedures of Distance Contracts regarding
the sale of products and services done by the Consumer whose detailed
information is given below from www.feetandfeel.com which is operated by the
Seller (hereinafter referred to as WEBSITE) and delivery of the products to the
delivery address.
1.2. Consumer admits and
declares that he/she has the information about the basic qualifications, the
sale price, the type of payment, the conditions of delivery and the right to
“withdraw” regarding the goods or services subject to sale, that he/she
confirmed the preliminary informing in electronic environment and the
preliminary then ordered the goods or services in accordance with the
provisions of this contract. The preliminary informing and the invoice in the
payment page of www.feetandfeel.com website, are integral parts of this
contract.
1.3. THE PARTIES
1.3.1. SELLER
Name: FEETANDFEEL-
Bilal GUNES GNS E-Ticaret
Address: Mevlana
Mahallesi Sultanahmet Caddesi Aker Ap. Esenyurt/İstanbul-TURKEY
E-mail:
info@feetandfeel.com
Tel: +90 539 395 2660
Tax Administration/Tax
N.: Beylikdüzü T.A./4330780834
Website:
en.feetandfeel.com
1.3.2. CONSUMER
Firsname: will be
created after payment
Tel: will be created
after payment
E-mail: will be created
after payment
IP-add: will be created
after payment
ARTICLE 2 - DATE OF
CONTRACT
2.1. This agreement was
concluded by the parties on 06.05.2022, the date when the order of the Consumer
was completed on the WEBSITE and a copy of the contract was sent to the e-mail
address of the CONSUMER.
ARTICLE 3.1 - PRODUCTS
AND SERVICES SUBJECT TO CONTRACT
The details of the
products and services ordered by the consumer, the sales amounts including the
taxes and information about the number are listed below. All of the products
listed in the following table are hereinafter referred to as the Product.
ARTICLE 3.2 - PRODUCTS
AND SERVICES SUBJECT TO CONTRACT
3.2.1. The details of
the products and services ordered by the consumer, the sales amounts including
the taxes and information about the number are listed below. All of the
products listed in the following table are hereinafter referred to as the
Product.
will be created after
payment
3.2.2. Payment Method: will be created after payment
The consumer accepts,
declares and undertakes that, since forward sales can be made only by credit
cards of banks, the Consumer shall confirm the relevant interest rates, default
interest and relevant information; and provisions regarding the interest rate
and default interest will be applied within the scope of the credit card
agreement between the Bank and the Customer pursuant to the provisions of
regulations in force. Credit / installment card and similar payment facilities
provided by institutions giving credit card, installment card etc. such as banks
and financing institutions are the possibility of a loan and / or installment
payment provided directly by the related institution; The product sales which
are realized within this framework and in which the Seller collected the
relevant amount fully shall not be counted as installment sales in respect of
the parties to this Agreement, they are cash sales. The legal rights of the
seller in the cases deemed to be installmen ts sale by the law (including the
right to terminate the contract and / or claiming remaining debt to be paid
together with the default interest, in case any of the installments are not
paid) are available and reserved. In case of default of the consumer, a default
interest of 5% per month is applied.
ARTICLE 4 - DELIVERY OF
PRODUCTS
4.1. Payment Address :
will be created after
payment
4.2. Shipping Address :
will be created after
payment
4.3. The Product is
delivered to the delivery address specified by the Consumer on the WEBSITE or
the person / organization at the address indicated by him / her in the latest
30 days, packed and together with the invoice. In the event that the fulfilling
the act of the goods or services subject to the order becomes impossible, the
seller notifies the consumer in writing or in the Consumer Data Saver within
three days from the date of learning of this situation and returns all payments
collected, including the delivery costs, if any, within four days (14) at the
latest. Non-existence of the goods in stock is not considered impossibility of
fulfilling the act of goods.
4.4. If the product is
to be delivered to another person / organization than the Consumer, the SELLER
shall not be held liable if the person / organization to be delivered will not
accept the delivery.
4.5. The consumer is
responsible for checking the product at the time of receipt and when he/she
sees a problem arising from the cargo in the Product, not accepting the Product
and getting the courier company officer take a statement down. Otherwise, the
Seller shall not accept any liability.
ARTICLE 5 - GENERAL
PROVISIONS
5.1. The consumer agrees
that he/she read and is aware of the preliminary information regarding the
basic qualifications, sales price and payment method and delivery of the
products which are shown in the WEBSITE have read and informed the basic
qualifications, sales price and payment method and the preliminary information
about the delivery and gave the necessary confirmation for the sale in the
electronic environment.
5.2. By confirming this
agreement in electronic environment, the Consumer confirms that he/she has
accurately and completely obtained the address, basic features of the products
ordered, product prices including tax, payment and delivery information and
information about the right of withdrawal.
5.3. The seller is
responsible for delivering the product subject to the contract in a sound,
complete manner, in accordance with the specifications specified in the order
and with the warranty documents and user manuals, if any.
5.4. The seller may
supply a different product at the same quality and price to the Consumer before
the contractual performance obligation expires.
5.5. If the seller fails
to fulfill the contractual obligations in the event that the fulfillment of the
product or service subject to the order becomes impossible, the seller shall
inform the consumer before the expiry of the fulfillment obligation arising
from the contract and supply a different product with equal quality and price
to the Consumer.
5.6. For the delivery of
the product subject to the contract, it is obligatory that the signed copy of
this agreement is delivered to the Seller in electronic environment and the
price has been paid by the Consumer's preferred form of payment. If the product
price is not paid or canceled in the bank records for any reason, the Seller
shall be deemed to have been released from the delivery of the product.
5.7. In case the Bank /
financing institution to which the credit card is used belongs does not pay the
Product to the Seller for any reason after the delivery of the product, the
Product shall be returned to the Seller by the Consumer at the latest within 3
days, all expenses shall be borne by the Consumer. All other contractual and
statutory rights of the Seller, including the follow-up of the Product price,
shall be reserved in any case.
5.8. In the event that
the fulfillment of the acts of the goods or services performed in the order
becomes impossible, the seller notifies the consumer in written or with
permanent data storage within three days from the date of learning of this
situation and all the payments collected, including the delivery costs, if any,
shall be returned within fourteen (14) days at the latest starting from the
date of notification. Non-existence of the goods in stock is not considered
impossibility of fulfilling the act of goods.
ARTICLE 6 - Product
Delivery Processes
6.1. The product is
delivered to the delivery address specified by the Consumer on the WEBSITE or
to the person / organization at the address indicated by him / her within 30
days at the latest, in a secured way and packed together with its invoice. In
the event that the fulfillment of the acts of the goods or services performed
in the order becomes impossible, the seller notifies the consumer in written or
with permanent data storage within three days from the date of learning of this
situation and all the payments collected, including the delivery costs, if any,
shall be returned within fourteen (14) days at the latest starting from the
date of notification. Non-existence of the goods in stock is not considered
impossibility of fulfilling the act of goods.
6.2. If the product is
to be delivered to another person / organization than the consumer, and if the
person / organization does not accept the delivery the seller shall not be held
liable.
6.3. The consumer is
responsible for checking the product at the time of receipt and when he/she
sees a problem arising from the cargo in the Product, not accepting the Product
and getting the courier company officer take a statement down. Otherwise, the
Seller shall not accept any liability.
ARTICLE 7 - THE RIGHT OF
WITHDRAWAL
Pursuant to the relevant
provisions of Consumer Protection Law no 6502 and Distance Contracts Directive;
7.1. In distance
contracts about sales of goods, the consumer has the right to withdraw within
14 (fourteen) days of receipt without showing any excuses and paying any penal
clause. However, the consumer may use his right of withdrawal from the
establishment of this Agreement until the delivery of the goods. It is
sufficient to direct the notification of the exercise of the right of
withdrawal to the seller or the provider in writing or through permanent data
storage. In order for our customers to use their right of withdrawal, they must
fill in the turn in slip sent to them together with the product and submit the
product to the COURIER company with the turn in slip. In the determination of
duration of the right of withdrawal;
a) For the products
subject to a single order; the day when the last goods is delivered to the
Consumer or to third party determined by the Consumer ,
b) For the products
consisting of more than one parts; the day when the last part is delivered to
the Consumer or to third party determined by the Consumer,
c) For the contracts in
which the goods is delivered regularly during a certain period; the day when
the first goods is delivered to the Consumer or to third party determined by
the Consumer, is taken as basis.
7.2. Consumer’s right to
withdraw shall not apply to the contracts regarding;
a) The goods prepared in
accordance with the request and personal needs of the customer,
b) The delivery of the
perishables or the goods of which expiry date is short,
c) The delivery of the
goods of which protective element such as package, tape, and seal is opened
provided that it is inappropriate to return them due to health and hygiene
concerns,
d) To the goods which
are mixed with other goods and impossible to separate intrinsically,
e) Books, digital
contents and computer consumable materials which can be offered in the physical
environment when their protective element such as package, tape, and seal is
opened,
f) The delivery of the
periodical publications such as journals and magazines except for the ones
provided within the scope of the subscription agreement,
g) Accommodation,
moving, rent a car, supply of foods and beverages, and recreational activities
which have to be completed within a certain date or period,
h) Services fulfilled
immediately in the electronic environment or incorporeal property that are
delivered to the customer immediately,
i) Services which are
started to be provided before the expiry date of the right to withdraw, and
j) Goods and services of
which prices are changing depending on the fluctuations in the financial
markets and out of the control of the Seller or provider.
7.3. In the event that
the consumer uses his/her right of withdrawal, the Seller or the provider is
obliged to return the total amount received and negotiable instruments putting the
consumer under debt and all kinds of similar documents within 14 (fourteen)
days from the date the withdrawal notification is delivered to him/her without
any charge.
7.4. The consumer shall
not be liable within the right of withdrawal for any changes or distortions in
the goods if he/she uses the goods in accordance with its operation, technical
specifications and usage instructions.
7.5. If the consumer
uses the right of withdrawal, he shall not be liable to pay the expenses
related to the return if he/she returns the goods through the courier specified
for return in the preliminary information. In the event that the seller does
not specify any courier for the return in the preliminary information, no cost
can be demanded from the consumer. In the event that the courier specified in
the preliminary information for the return does not have a branch in the
location of the consumer, the seller is obliged to ensure that the goods that
are requested to be returned are collected from the Consumer without any additional
costs.
7.6. The Consumer is
obliged to return the goods to the Seller within 10 (ten) days from the date on
which he notifies the Seller of the use of the right of withdrawal, unless the
Seller has made a proposal that he/she will have his property taken back.
7.7. As stated in the
1st paragraph of Article 15 of the Regulation on Distance Contracts, the
Consumers do not have the right of withdrawal in the products which are
specially prepared for the person.
7.8. The orders in the
"Delivered to Courier" phase cannot be canceled at the cargo delivery
stage.
7.9. For the orders in
the "Delivered to Courier" phase, our Customers must return the cargo
to the courier company without opening the box of the product. The provisions
in Article 8.1 are reserved.
The information about
the company to be notified about the withdrawal;
Title: BİLAL GUNES GNS
E-TİCARET
Address: Mevlana
Mahallesi Sultanahmet Caddesi Aker Ap. Esenyurt/İstanbul-TURKEY
Tel: +90 539 395 2660
E-mail:
info@feetandfeel.com
Customer Services: +90
539 395 26 60
ARTICLE 8- EVIDENCE
AGREEMENT AND AUTHORIZED COURT
8.1. In the resolution
of any dispute that may arise from this Agreement and / or its implementation,
Seller records (including recordings in the magnetic environment such as computer-audio
records) constitute conclusive evidence; Consumer Arbitration Committees are
authorized up to the value declared by the Ministry of Industry and Trade; and
Consumer Courts and Directorates of Debt Collection located in residential
region of the consumer and the seller are authorized for the values exceeding
it.
8.2. The consumer
declares, accepts and undertakes that he / she has read all the conditions and
explanations written in this Contract and the Order Form constituting its
integral part, has received, examined and accepted the sales terms and all
other preliminary information.
SELLER : FEETANDFEEL- Bilal GUNES GNS
E-Ticaret
CONSUMER : will be created after payment
DATE : will be created after payment
Approval Date: will be
created after payment