Distance Selling Agreement

ARTICLE 1 - PARTIES

1.1- SELLER:

Title: Escobar Textile Yunus Emre Karşıyaka
Address: Mehmet Nesihi Özmen Mh. Gülsever Sk. 17/40 Merter - Istanbul
Phone: +90 532 685 75 54
Email: info@escobarcouture.com

1.2 - BUYER:

ARTICLE 2 - SUBJECT

The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website, Escobar Tekstil Yunus Emre Karşıyaka, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.

ARTICLE 3 - SUBJECT OF THE AGREEMENT

ARTICLE 4 - GENERAL PROVISIONS

4.1- The BUYER declares that they have read and are aware of the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the Escobar Tekstil Yunus Emre Karşıyaka website, and that they have provided the necessary confirmation electronically.
4.2- The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that the legal 3-day period is not exceeded.
4.3- If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.
4.4- The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
4.5- Delivery of the product subject to this contract is conditional upon the signed copy of this contract being delivered to the SELLER and the payment being made using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.6- If, after delivery of the product, the buyer's credit card is used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 days, provided that the product has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.
4.7- If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.
4.8- Products sold with or without a warranty certificate that are found to be faulty or defective can be sent to the SELLER for necessary repairs within the warranty terms; in this case, the shipping costs will be covered by the SELLER.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract within 7 days of delivery of the product to themselves or to the person/entity at the address indicated. To exercise this right, notification must be given to the SELLER by fax, email, or telephone within this period, and the product must be unused, in accordance with the provisions of Article 6. If this right is exercised, it is mandatory to return the original invoice and a copy of the delivery receipt confirming that the product delivered to the third party or the BUYER has been sent back to the SELLER. The product price will be refunded to the BUYER within 7 days of receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The shipping cost for the product returned due to the right of withdrawal will be covered by the SELLER.

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that are non-returnable due to their nature, single-use products, software and programs that can be copied, and perishable or expired products. For the following products, the right of withdrawal is subject to the condition that the product's packaging is unopened, undamaged, and the product has not been used.

  • Portable Computer (Returns will not be accepted after the original operating system has been installed.)
  • All kinds of software and programs
  • DVDs, VCDs, CDs, and cassettes
  • Computer and stationery supplies (toner, cartridges, ribbons, etc.)
  • All kinds of cosmetic products
  • Phone credit orders

ARTICLE 7 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Boards and Consumer Courts located in the place of residence of the BUYER or SELLER shall have jurisdiction up to the value declared by the Ministry of Industry and Trade.

By placing an order, the BUYER is deemed to have accepted all the terms and conditions of this agreement.

SALES PERSON

Escobar Textile Yunus Emre Karşıyaka