DISTANCE SALES AGREEMENT

1. PARTIES OF THE AGREEMENT

1.1.SELLER

Title: NİLGÜN DIŞ TİCARET ANONİM ŞİRKETİ – owner of ‘ICON SILK’ brand (Herein after referred to as SELLER in the Agreement)

Address: Altınova Mahallesi, Buttim İş Merkezi E Blok, Kat 5, No. 1572, 16100, Osmangazi, Bursa - Turkey 

 

Telephone: 90-224-2114648

E-mail Address: [email protected]

Website: www.iconsilk.com.tr

1.2. BUYER

The customer is the member of the electronic commerce site named  www.iconsilk.com.tr  (Herein after referred to as BUYER in the Agreement)

BUYER AND SELLER will be referred to individually as PARTY and together as PARTIES.

2. CONTENT OF THE AGREEMENT

2.1. The subject of this agreement is to determine the rights and obligations of the parties regarding the purchase/sale of product, where the BUYER requests an order through the https://iconsilk.com.tr/ electronic commerce Website and all connected interactive applications and/or other online sales platforms.

2.2. Upon approval of the BUYER of this Agreement on the Website, the price and expenses of the products ordered are collected through the payment method he/she chose.

2.3. The prices listed and announced on the Website are the sales prices. Declared prices are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

2.4. The BUYER accepts to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and he/she has been informed about this in case he/she approves this Agreement.

SELLER´S INFORMATION

Company Title: NİLGÜN DIŞ TİCARET A.Ş., - owner of ‘ICON SILK’ brand

Address: Altınova Mahallesi, Buttim İş Merkezi E Blok, Kat 5, No.1572, 16100, Osmangazi BURSA - TURKEY 

Telephone: 90-224-2114648

BUYER´S INFORMATION

The Name and Surname of the Receiver: 

ID Number:

Delivery Address:

Phone Number: 

E-mail:

Shipping Fee:

Product/s Purchased:

Total Sales Price:

Payment Method:

Credit Card/Bank Transfer (EFT)

2.5. The sales prices of the goods are subject to the agreement, including all taxes, are displayed on the Website. The shipping fee will be paid by the BUYER. 

2.6. The invoice will be issued by the SELLER in electronic invoice format and sent to the BUYER within a maximum of 7 days from the date of delivery of the goods.

3. GENERAL TERMS

3.1. All sales are made to persons over the age of 18. Persons under 18 (eighteen) need to have the involvement of a parent or guardian. 

3.2 By placing an order at https://iconsilk.com.tr/ electronic commerce Website and/or other online sales platforms the BUYER explicitly declares that he/she has read and understood the preliminary information form sent by the SELLER concerning the characteristics, the sales price including all taxes additional payment, payment method, delivery of the product subject to this contract, his/her right to withdrawal, refund and legal remedies that he/she can apply and approves it via permanent data storage. 

3.3. The BUYER declares that he/she notified the SELLER of his/her accurate identity, contact and delivery information. The SELLER will use this information to communicate with the BUYER. The SELLER will not be held liable for any damage or loss that will occur for the incorrect and/or lacking information. 

3.4. BUYER accepts and undertakes that the identity and contact information provided for the persons who will receive the product or use the product together are correct, and that the SELLER will not be responsible for any damages or losses that may occur if this information is incomplete or incorrect. It is assumed that the BUYER conveys the notifications made by the SELLER regarding the product he/she has purchased to the person/persons with whom he will use the product.

3.5. The SELLER undertakes to deliver the contracted product/products intact, complete, with the same qualifications as the order. The BUYER must check products carefully to make sure that they correspond to the items ordered. In case of any possible damage of the packaging, damaged or faulty products, missing items etc. the BUYER should inform promptly the SELLER in written form and the products must be returned unopened within 14 (fourteen) days from the delivery date. Otherwise, it will be assumed that the product subject to the contract has been received undamaged and intact by the BUYER and/or the person who received the product.

3.6. The product(s) ordered will be delivered to the BUYER within the period specified in the preliminary information form and order screen, on the condition that it does not exceed 45 (forty-five) business days as of the establishment of this agreement. In case the product in question cannot be delivered within 45 business days due to force majeure (war, state of emergency, natural disasters, etc.), reasons arising from the transportation/cargo company or third parties and institutions that SELLER cannot intervene in, the SELLER will not be kept responsible. However, on this occasion the BUYER has the right to cancel the order free of charge or request the delivery product of the after the inconvenience is eliminated. If the BUYER uses his/her right to cancel, the price of the product will be refunded to the BUYER within 14 (fourteen) days as of the date of written cancellation notification.

3.7. The delivery of the product(s) subject to the contract is delivered to the BUYER by NİLGÜN DIŞ TİCARET A.Ş.

3.8. Products with their package/packaging opened cannot be returned under any circumstances for health and hygiene reasons. 

3.9. The warranty period of the product is 2 years from the date of purchase. 

3.10. SELLER reserves the right to make any changes and updates to the existing products and product contents, terms of use and other information on the https://iconsilk.com.tr/ electronic commerce Website and other online sales platforms at any time. Changes and updates come into force as soon as they are published on the electronic commerce website https://iconsilk.com.tr/ and other online sales platforms. The SELLER does not accept liability under any circumstances for order or payment errors that may arise from making changes and updates and/or not being able to make them due to technical reasons or reasons caused by the hosting provider.

3.11. SELLER can give link to other sites directly or indirectly from the https://iconsilk.com.tr/ electronic commerce Website. SELLER does not guarantee the accuracy of the information or services on the linked pages and does not make any commitment or recommendation regarding the links. The SELLER does not accept any liability for damages stems from the use of these links and reserves the right to cut off access to links if necessary. 

4. PAYMENT

4.1. The BUYER accepts in advance that he/she has been informed about the sales price including all taxes additional payments and shipping fee.

4.2. The BUYER accepts to do the payment in the manner and the conditions stated on the www.iconsilk.com.tr website and other connected online sales platforms. All obligations regarding the payment belong to the BUYER.

4.3. The SELLER reserves the right to correct/change incomplete or incorrect pricing on the www.iconsilk.com.tr website and other online sales platforms for any reason, including errors caused by the hosting provider.

4.4. The BUYER collects this contract amount on behalf of the affiliated dealers, agencies and other sales units. The BUYER agrees to have the price collected by the SELLER on behalf of the selling dealer, agency or other sales units. In this case, the invoice regarding the contract price is sent to the BUYER by the selling dealer, agency or other sales units.

4.5. The BUYER must make the payment with the payment method chosen during the establishment of this agreement.

4.6. If the BUYER chooses the option to pay with credit/debit card, the product price is collected by the SELLER using the credit/debit card information provided by the BUYER. The BUYER is notified that the payment has been collected from the credit/debit card communicated. If the payment cannot be collected due to incorrect or incomplete entry of credit/debit card information, problems arising from banks and financial institutions, and/or conflict between the BUYER and the bank/financial institutions, the order will not be accepted and this agreement between the Parties will not be valid.

4.7. Under no circumstances the SELLER will be liable for any disputes, damages or penalties that may arise as a result of any order made with the missing, incorrect or stolen credit/debit card information or the credit/debit card created using someone else´s information. 

5. RIGHT OF WITHDRAWAL

5.1. The BUYER may use his/her right of withdrawal within 14 (fourteen) days of the delivery of the product/products subject to the contract without any explanation/reason. However, if the package/packaging has been opened, the product has been used and/or damaged even if the packaging is not opened, cannot be returned under any circumstances and the BUYER´s withdrawal request will be rejected. 

5.2. The BUYER can notify the SELLER that he/she wishes to exercise his right of withdrawal by calling the number +90-538-3107385

5.3. The products to be returned will be collected by the SELLER from the delivery address of the BUYER. 

5.4. The SELLER is liable to refund the amount paid for the returned product(s) within 14 (fourteen) days of the receipt of the withdrawal request. Refunds to be made by the SELLER will be made in accordance with the payment instrument made by the BUYER. The SELLER accepts no liability for any disputes that may arise between the BUYER and the payment institutions in question regarding additional fees, deductions, installments and maturities during the delivery of the refund. 

6. STATEMENTS AND EVIDENCE AGREEMENT

6.1. All requests and correspondence regarding this contract, which is accepted by the BUYER via permanent data storage, and the product purchased under this agreement, will be made through the e-mail addresses provided by the Parties. All notifications sent by the SELLER to the e-mail address provided by the BUYER shall be deemed to have been delivered to the BUYER. The BUYER must communicate all requests and changes to the SELLER´s e-mail address [email protected], otherwise all requests and notifications are null and void. 

6.2. The Parties accept and declare that, in case of any dispute arising from this agreement, all e-mail correspondence between the Parties and all the electronic data and records in the www.iconsilk.com.tr database and servers will constitute definitive and binding evidence in accordance with the provision of Article  193 of the Code of Civil Procedure.

7. PERSONAL DATA

BUYER´s personal data obtained by the SELLER before and during the signing of this agreement may be recorded, stored, maintained, classified or updated as long as the products and services offered by the SELLER are used and unless deletion is requested. The SELLER and affiliated dealers, agencies, distributers may share the personal data of the BUYER with service providers, suppliers, consultants, intermediary institutions, banks, insurance companies and transportation companies in order to provide better service in accordance with the Personal Data Protection Law. The BUYER gives explicit consent for the processing of his/her personal data through the permanent data storage with this agreement. 

8. DISPUTES

Turkish Law shall be applied in disputes arising from this agreement. Maximum efforts will be made to settle any conflict that may arise between the Parties by peaceful means. For disputes that cannot be solved, the BUYER has the right to apply to the District Consumer Arbitration Committee, Provincial Consumer Arbitration Committee or Consumer Courts, depending on the financial limit determined annually by the Ministry and the place of residence. BURSA courts and enforcement offices are authorized for disputes to be resolved through court. 

This agreement, consisting of 8 articles was sent to the BUYER via permanent data storage to be read and negotiated in detail, and was read understood and approved by the BUYER. 

SELLER: NİLGÜN DIŞ TİCARET A.Ş.,

BUYER: As given in the order

Date: Order date

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