DEALERSHIP and SALES CONTRACT
Article 1 – Parties
Name: [company’s official name]
1.2. Buyer / Dealer
Name – Surname / Republic of Turkey ID No: [ftitle]
Article 2- Subject
The subject of this contract is to determine the rights and liabilities of the parties pursuant to the provisions of the Law No. 4077 on the Protection of Consumers, and of Regulation on Distance Sales Contracts regarding the sales and delivery of product whose characteristics and sales price is specified below and which is ordered on electronic environment by the BUYER / DEALER from https://www.pantamojeans.com/ website of the SELLER.
The BUYER / DEALER accepts and declares by the provisions of this contract that it has been clearly, understandably and properly informed by the SELLER on internet environment regarding all preliminary information related to the product subject matter of sales, such as the SELLER’s name, title, full address, telephone number and other contact information, basic characteristics of the product subject matter of sales, sales price including the taxes, mode of payment, delivery terms and expenses etc., and the use of the “right of withdrawal” and how it will be used, and the official authorities where it will be communicate her/his objections, that it has confirmed these preliminary information on electronic environment, and that it has ordered the product following these procedures.
Preliminary notification present on https://www.pantamojeans.com/, and invoice drawn up upon the order given by the BUYER / DEALER are integral parts of this contract.
Article 3 – Information on the Product Subject Matter of the Contract / Payment / Delivery
The type, amount, brand, model, sales amount, mode of payment of the product(s) purchased on electronic environment, the individual to receive the product, delivery address, invoice information, and cargo fee are as specified below. The individual who will be invoices, and the individual executing the contract should be the same. The following information should be correct and complete. The BUYER / DEALER accepts to completely cover all the damages to arise in cases when such information are not correct or deficient, and the BUYER / DEALER also accepts all kinds of responsibility to arise from such a case.
The SELLER, as it deems required, reserves the right to cease the order when the information provided by the BUYER / DEALER does not match with the reality. Where the SELLER determines a problem in the order and where it is unable to reach the BUYER / DEALER via telephone, e-mail and mail addresses provided by the BUYER / DEALER, it ceases the enforcement of the order for a period of fifteen (15) days. Within this period, it is expected for the BUYER / DEALER to contact with the SELLER on the subject. In case of having no response from the BUYER / DEALER within such period, the SELLER shall cancel the order in order to prevent damage for both parties.
Name, code : … units
Total Sales Amount: …. -TRY
Mode of Payment: Credit Card / Bank Transfer (EFT)
Addressee (Individual / Institution) of the Invoice:
Tax Registration Number:
Cargo Fee : … -TRY
Article 4 – Date of Contract and Force Majeure
The date of contract is the date on which the order is placed by the BUYER / DEALER.
The conditions, which were not present or which could not be anticipated on the contract’s date of signature, which develop beyond the control of the parties, whose occurrence prevent partial or complete fulfilment or timely fulfilment of liabilities and responsibilities undertaken by one or both of the parties by the contract shall be deemed as force majeure (natural disaster, war, terror, riot, changing provisions of legislation, seizure and strike, lock-out, significant malfunction at production and communication facilities etc.). The party affected by the force majeure shall immediately inform the other party in written form.
During the continuation force majeure, no responsibility of the parties shall arise due to being unable to fulfil their actions. In the case that such event of force majeure continues for thirty (30) days, each of the parties' right to unilaterally terminate shall arise.
Article 5 – SELLER’S Rights and Liabilities
5.1. The SELLER accepts and undertakes to completely fulfil (except of the events of force majeure) the actions imposed on it by the contract in accordance with the provisions of the Law No. 4077 on Protection of Consumers, and of Regulation on Distance Sales Contracts.
5.2. The individuals younger than age eighteen (18) may not shop from https://www.pantamojeans.com/. The SELLER shall consider that the age of the BUYER / DEALER specified on the contract is correct. However, no responsibility shall be imposed on the SELLER due to incorrect statement of age by the BUYER / DEALER.
5.2. https://www.pantamojeans.com/ shall not be responsible for the price mistakes arising from system errors. Based on this, the SELLER shall not be responsible for presentation, price mistakes to arise due to system and design on internet site, or due to illegal interferences to the website. The BUYER / DEALER may not claim any rights based on system errors.
5.3. Shopping may be performed from https://www.pantamojeans.com/ via credit card (Visa, Master Card etc.), or via bank transfer. The orders, whose bank transfer has not been performed within a week as of the date of order, shall be cancelled. Time of processing the orders shall not be the time of placement of order, but the time of collection of the amount from the credit card, or the time of receipt of bank transfer (EFT) by the bank accounts. Modes of payment performed without communicating with customer services such as cash on delivery, or postal checks shall not be accepted.
Article 6 – BUYER / DEALER’S Rights and Liabilities
6.1. The BUYER / DEALER accepts and undertakes to completely fulfil the actions imposed on it by the contract except of the events of force majeure.
6.2. The BUYER / DEALER accepts and undertakes that it is deemed to have accepted the provisions of this contract by placing an order, and that it shall make payment in conformity with the mode of payment specified on the contract.
6.3. The BUYER / DEALER accepts and declares that it has been clearly, understandably and properly informed by https://www.pantamojeans.com/ website regarding all preliminary information related to the product subject matter of sales, such as the SELLER’s name, title, full address, telephone and other contact information, basic characteristics of the product subject matter of sales, sales price including the taxes, mode of payment, delivery terms and expenses etc., and the use of “right of withdrawal” and how it will be used, and the official authorities where it will communicate its objections, and that it has confirmed these preliminary information on electronic environment.
6.4. Depending on the previous article, the BUYER / DEALER states that it has been informed by reading https://www.pantamojeans.com/ order / payment / usage procedure information where product order and payment conditions, product usage instructions, measures taken against possible conditions and warnings made are available, and that it has provided the required confirmation on electronic environment.
6.5. The BUYER / DEALER accepts and undertakes not to damage the product and its packaging, and to return the original invoices and delivery note if it wants to return the product it has purchased.
6.6. BUYER / DEALER declares and undertakes not to sell the products, which has been purchased from https://www.pantamojeans.com/ website, and for which only the SELLER has the authority to sell, collectively and via any e-commerce environment. In case of determination that the BUYER / DEALER has breached this commitment, the SELLER shall be entitled to unilaterally terminate the dealership contract, and in case of termination for this reason, the SELLER’s right to request indemnification due to breach of the contract by the BUYER / DEALER shall always be available without the requirement for any other warning within the scope of Turkish Code of Commerce ad Turkish Code of Obligations.
Article 7 – Order / Payment Procedure
TRY amount (including VAT) of products added to shopping cart (total instalment amount in transactions with instalment) shall be processed over the POS of the relevant bank card after being approved by the BUYER / DEALER. For this reason, order approval mail shall be sent to the customer prior to dispatch of the orders. Shipment shall not be effectuated without sending the Order Approval email.
Any flaw in the process, or any problem to arise related to credit card shall be informed to the BUYER / DEALER by the use of one or more of the means of phone / fax / e-mail specified on the contract. If required, the BUYER / DEALER may be asked to communicate with her/his bank. The time of processing the orders shall not be the time of placement of order, but the time of collection of the amount from the credit card or the time of receipt of bank transfer (EFT) by the SELLER’s accounts.
Exceptionally, in case of understanding that the product subject matter of the contract shall not be able to be supplied due to rightful reason, and/or in case of encountering stock problem, the BUYER / DEALER shall immediately, clearly and understandably be informed, and another product of the equal quality and price may be sent upon BUYER / DEALER’s approval, or another new product may be sent in line with the request and preference of the BUYER / DEALER, or it may be waited for the product to enter the stock or for the removal of obstacle hindering the delivery, and/or the order may be cancelled.
In the case that the fulfilment liability of delivery of the product subject matter of contract becomes impossible, the BUYER / DEALER shall be informed of the condition, and the contract shall be cancelled by returning the total amount it has paid, and by returning all kinds of documents obligating it latest within ten days. In such a case, the BUYER / DEALER shall not have any additional pecuniary and non-pecuniary damage claim from the SELLER.
On https://www.pantamojeans.com/, order facility through bank transfer has been provided for the BUYERS / DEALERS who do not want to use their credit card information on internet environment. In payment via bank transfer, the BUYER / DEALER may make the transfer by selecting the bank conforming it the most. In case of EFT, date of receipt by the account shall be considered. During bank transfer and/or EFT, it is required for the information of the sender to be the same with the invoice information, and for the order number to be written.
Following the delivery of product, if the relevant bank or finance institution does not pay the product’s amount to the SELLER due to unjust or illegal use of BUYER / DEALER’s credit card by unauthorised individuals in a manner not arising from the default of the BUYER / DEALER, it shall be obligatory for the BUYER / DEALER to return the product delivered to it, to the SELLER within 10 days. In such cases, the transportation expenses shall belong to the BUYER / DEALER. If the BUYER / DEALER has preferred to make payment with credit card, it agrees, declares and undertakes that it shall confirm with his/her bank the relevant interest rates and information on default interest, and that the provisions related to interest and default interest shall be applied within the scope of the “Credit Card Contract” between the Bank and the BUYER / DEALER pursuant to the provisions of the legislation in force.
Article 8 – Shipment / Delivery Procedure
Along with the sending of order approval mail, the product(s) shall be delivered to the SELLER’s contracted courier company.
The product(s) shall be delivered to the address of the BUYER / DEALER by the courier company by which the SELLER is contracted. The delivery period shall be 30 days as of sending of order approval mail, and as of drawing up of the contract. This period may be extended by ten days at the latest, provided that the BUYER / DEALER is informed in advance in written form, or provided it is informed by a continuous data carrier.
The products shall be sent via phone notice to the areas where the courier companies do not deliver to the address.
In case of mistake or deficiency in shipment information for deliveries to areas where the courier companies make delivery once a week, and in cases of some social incidences and natural disasters, delays may occur in the specified number of days. The BUYER / DEALER may not impose any responsibility on the SELLER due to such delays. If the product shall be delivered to an individual / institution other than the BUYER / DEALER, the SELLER shall not be responsible for non-acceptance of delivery by the individual / institution to which it would be delivered, for mistakes on shipment information, and/or for extra cargo fees which may arise absence of the BUYER / DEALER. If the product(s) has not been delivered to the customer within the specified days, the delivery problems must be promptly informed to the customer services via the address [e-mail].
In case of damaged packaging, the damaged package must not be received, and the representative of the courier company must issue a report. If the representative of the courier company deems that the package is not damaged, the BUYER / DEALER shall have the right to have the pack opened there and check the damage free delivery of the products, and to request having the status determined again with a report. After receipt of the package by the BUYER / DEALER, it shall be deemed that the courier company has completely fulfilled its duty. If the package has not been accepted and a report has been issued, the Customer Services must be informed as soon as possible with a copy of the minute retained by the BUYER / DEALER.
Article 9 – Procedure regarding Product Return and Right of Withdrawal
The BUYER / DEALER, within seven days following the receipt of product, has the right to withdraw from the contract without showing any reason, and without paying any penal clause. In accordance with the general communique of Tax Procedure Law No. 385, for the performance of return operations, it is required for the BUYER / DEALER to completely and correctly fill and sign the return sections at the lower part of the 2 invoices of the SELLER delivered by the product, and to send one copy of it to the SELLER along with the product, and to retain the other copy. The period of right of withdrawal starts as of the date of delivery of product to the BUYER / DEALER. The re-delivery fee of the returned product(s) shall be covered by the BUYER / DEALER.
The right of withdrawal shall not be in subject for the products prepared in the direction of the requests and/or clear personal requirements of the BUYER / DEALER.
If the BUYER / DEALER uses her/his right of withdrawal, the SELLER shall return within ten days at the latest as of the receipt of invoice, to which the notice of withdrawal is enclosed, along with the product the total amount received, and all kinds of documents obligating the consumer, if any, without imposing any expense on the consumer.
The reduction of the value of product that has been received, or the presence of a cause making the return impossible is not an obstacle before the use of right of withdrawal. But if the reduction of value or impossibility of returning arises from the fault of the consumer, the BUYER / DEALER shall be required to compensate the value of the product or the reduction in the value of product.
General return period for each mistakenly received product is 7 days. The return of products whose packaging is opened, which are used, which are destroyed within this period shall not be accepted. The return must be made with the original packaging.
In case of determination of any opening, deterioration, break, destruction, tear, use and other conditions on the product mistakenly received and on its packaging, and if the product may not be returned in the form as delivered to the BUYER / DEALER, the product’s return shall not be accepted, and its amount shall not be returned.
For return of product, the situation must first be communicated to the customer services. The information of sending of the product for return shall be communicated to the customer by the SELLER. Following such communication, the product shall be transmitted to the SELLER along with the invoice covering information related to product return, via the courier company performing the delivery to the address of BUYER / DEALER. If the returned product received by the SELLER meets the conditions specified in this contract, it shall be accepted as return, and its repayment shall be made to the credit card/account of the BUYER / DEALER. The amount shall not be returned without returning of the product. Refunding to the credit card accounts of the returns made to the credit card shall be at the disposal of the relevant bank.
If the shopping has been performed via credit card and in instalments, the credit card return procedure shall be applied as follows: The bank makes the repayment to the BUYER / DEALER in instalments as per the number of instalments the BUYER / DEALER has requested. After payment at once of product amount to the bank by the SELLER, in case of return to the credit card of the BUYER / DEALER of expenses made in instalments by bank POSs, the requested return amounts is transferred by the bank to the accounts of holder again in instalments for the intervening parties not to suffer. The instalment amounts that the BUYER / DEALER has paid until the cancellation of sales shall be refunded to the card each month as one (1) return if the date of return and card’s statement date do not coincide, and the BUYER / DEALER –after completion of the instalments of the sales- shall receive the instalments paid by it prior to return as many months as the number of instalments it has paid prior to return, and it shall be deducted from her/his current liabilities.
In case of return of product and service purchased by card, the SELLER may not make payment in cash to the BUYER / DEALER pursuant to the contract it has executed with the bank. In case of a return operation, the member workplace, in other words the SELLER, shall perform the return via the relevant software, and as the member workplace, in other words the SELLER, shall be liable to pay the relevant amount to the bank in cash or on account, cash payment shall be unable to be performed to the BUYER / DEALER pursuant to the procedure whose details are specified above. Refunding to the credit card shall be made by the bank pursuant to the above procedure following payment of the amount to the bank by the BUYER / DEALER at once.
Article 10 - Warranty
The products, which are used in accordance with the user’s manual and the cleaning of which is fulfilled, are under 2 years of warranty under the following terms against all kinds of manufacturing defects. The warranty responsibility of the SELLER shall be valid only for the consumers within the scope of the Law No. 4077. The provisions of Turkish Code of Commerce shall apply for the purposes of commercial quality.
Article 11 - Confidentiality
The information specified in this contract by the BUYER / DEALER, and the information provided to the SELLER for making payment shall not be shared with third parties by the SELLER.
The SELLER may disclose such information only within the frame of presence of administrative/legal obligation. If the SELLER is in possession of information requested from it under all kinds of legal investigations whose research license has been certified, it may provide the same to the relevant authority.
The credit card information may by no means be stored. The credit card information may only be used for getting provision during collection transaction by communicating to relevant banks in secure manner, and it shall be deleted from the system after getting provision.
Information such as the BUYER / DEALER’s e-mail address, mailing address and phone number shall only be used by the SELLER for standard product delivery and notification procedures. In some periods, campaign information, information on new products and promotional information may be sent to the BUYER / DEALER upon its approval.
Article 12 – Competent Court and Execution Offices in Case of Disputes
In case of disputes arising from the execution of this contract, the Consumer Arbitration Committees and Consumer Courts at the places of residence of the BUYER / DEALER and SELLER shall govern up to the value declared each year in December by the Ministry of Industry and Commerce.
In case of realisation of the order, the BUYER / DEALER shall be deemed to have accepted all conditions of this contract.