1 “The Seller” https://raspery.com (Proprietorship : Esra Erdi Cesur) registered office is at Nurtepe Mah. Erhan Sok. No: 11/8, 34413, Kağıthane/İstanbul.
2 “The Purchaser”: [____] (Registered with the[____] Trade Registry, numbered [____], whose registered office is at [____] / [please enter name-surname if you are a real person] who is resident at [____] .
Under this agreement (“Agreement”) the Seller and the Purchaser may be referred to as the “Parties” together, and as the “Party” separately.
The Purchaser hereby agrees, declares and undertakes that it has been informed explicitly by the Seller regarding the issues set out below, has confirmed such preliminary information electronically, and has thereafter ordered the product(s);
the name, title, full address, phone number, and other contact details of the Seller,
all preliminary information with regard to the product subject to the sale (i.e. basic qualifications, sales price (including taxes), payment and delivery terms, costs, and any additional expenses),
validity period of the undertakings in relation to the product,
how to exercise the right of withdrawal, and
official authorities to which the Purchaser may apply for complaints and objections, etc.
1 .1 The subject matter of this Agreement is the sale and delivery of the product(s), the qualifications and the sales price(s) of which are specified (“Product”), to be ordered online by the Purchaser via the website of the Seller (https://raspery.com ).
2 Rights and obligations of the Purchaser
2.1 The Purchaser hereby agrees, declares and undertakes to fulfill its obligations under this Agreement completely unless any force major event occurs.
2.2 By placing an order, the Purchaser accepts all the terms and conditions of the Agreement and becomes obliged to make the payment in accordance with the payment terms determined under the Agreement.
2.3 The Purchaser hereby agrees, declares and undertakes that s/he has read and become familiar with the order/delivery/return/payment/maintenance details and instructions, the cautions and warnings regarding certain situations, legal and tax-related obligations contained https://raspery.com , and that s/he has confirmed such electronically
2.4 The Purchaser hereby agrees, declares and undertakes to return the relevant original invoice and bill, and not to harm the Product or the package thereof whatsoever, in case the Purchaser wants to return the Product.
2.5 The Purchaser hereby agrees, declares and undertakes to bear all delivery/postal costs and expenses, in case of return. Delivery/postal costs and expenses will be paid back by the Seller to the Purchaser, only if the Product is defective. The liability regarding all returned Products will belong to the Purchaser until the relevant Product is received by the Seller.
3 Rights and obligations of the Sellers
3.1 The Seller hereby agrees, declares and undertakes to fulfil its obligations under this Agreement completely, unless force major event occurs.
3.2 The Seller shall not sell Products through the website https://raspery.com to persons who are under eighteen (18). Within this scope, the Seller will assume that the information stated by the Purchaser in the Agreement regarding her/his age is true. The Seller may not be held responsible if the Purchaser does not give true information regarding her/his age in the Agreement.
3.3 The Seller will not be responsible for the promotion and/or price mistakes arising from design and system errors or from external interventions that may affect the website. The Purchaser may not make any claims based on the system and/or design errors.
4 Order terms
4.1 The Seller will send an order confirmation e-mail before processing the relevant order.
4.2 The price of the Product including VAT (in case of a sale in instalments, the total amount), will be collected from the credit card of the Purchaser in Turkish Liras through the website https://raspery.com .
Any failure to arise during this process or problems to occur concerning the credit cards will be notified to the Purchaser through one or more communication means which are phone, facsimile, e-mail, and mail. If necessary, the Purchaser may be required to consult with the relevant bank.
3 The time of processing the orders is not the time when the relevant orders are placed but the time when the necessary amount is collected from the relevant credit card account or wire/electronic funds transfer is reached to the account of the Seller.
The orders, the prices of which, are not transferred within one week from the relevant order dates, will be cancelled.
4.4 If the Seller identifies any problem regarding the order, and cannot communicate with the Purchaser through one of the communication means which are phone, facsimile, e-mail and mail, the Seller will suspend the processing of the order for fifteen (15) days.
Within this fifteen (15) days period, the Purchaser is expected to communicate with the Seller. However, if the Purchaser does not respond, the Seller will cancel the order in order for the Parties not to incur any losses.
4.5 If the Product cannot be provided based on just grounds, and/or a stock problem occurs following the order is in process, the Seller shall immediately inform the Purchaser clearly, and obtain her/his consent.
If the Purchaser gives consent, the Seller may;
a) deliver another product with the same quality and price,
b) deliver another new product in accordance with preference of the Purchaser,
c) wait for the Product to be added to the stock or wait that the circumstances preventing supply to disappear.
d) cancel the order.
5 Payment terms
5.1 The information listed below shall be true, complete and accurate.
Name and code of the purchased Product:
Type and model of the purchased Product:
Number of the purchased Product:
Total sale price of the purchased Product: [____] – TL
Payment mechanism: Credit Card/ Money order/ Electronic Funds Transfer
Courier fee of the purchased Product: [____] TL
Recipient of the purchased Product:
Phone number of the Recipient:
Delivery address of the purchased Product:
Institution/Person to whom the invoice to be issued:
Tax registration number:
The Purchaser hereby agrees, declares and undertakes to compensate all damages arising from any false or missing information as given by the Purchaser.
The Seller reserves the right to suspend the order in case the information given by the Purchaser is false or missing. In such case, the method set out under Article 4.4 will be applied.
5.2 The recipient of the invoice and the one who will be party to this Agreement shall be the same person.
5.3 The Seller may make the payments of the Product purchased from the web site https://raspery.com through credit card or wire/electronic funds transfer.
The payment methods such as pre-paid post or post checks used by the Purchaser without consulting with the customer services will not be accepted by the Seller.
If the Purchaser prefers to make the payment through wire transfer, the Purchaser may choose the most appropriate bank.
If the Purchaser prefers to make the payment through electronic funds transfer, the date on which the amount reaches to the account of the Seller will be accepted as the payment date.
If the Purchaser prefers to make the payment through wire and/or electronic funds transfer, the details of the transferor shall be same with the details of the invoice and the number of the order shall be provided.
If the Purchaser prefers to make the payment via credit cards, and a bank or another financial institution does not pay the amount to the Seller as a result of unauthorized usage of the Purchaser’s credit card after the delivery of the Product without the information/fault of the Purchaser, the Purchaser will be obliged to return the Product within ten (10) days. Under such circumstances, all expenses/charges such as regarding the delivery, required by the relevant bank(s), arising from currency exchanges and duties will be borne by the Purchaser.
The Purchaser hereby agrees, declares and undertakes to confirm the relevant interest rates and the information regarding the default interest from his/her Bank. The Purchaser also accepts that in accordance with the current legislation the terms related to the interest and default interest will be applied pursuant to the “credit card agreement” signed between the bank and the Purchaser.
6 Terms of delivery
6.1 All costs/expenses arising from the delivery of the Product will be borne by the Seller.
6.2 Upon sending the e-mail regarding the confirmation of order, the Product shall be submitted to the contracted courier company of the Seller. The delivery period to the cargo company is maximum (4) business days from the date of receipt of the order confirmation e-mail.
The Product shall be delivered to the address of the Purchaser through the contracted courier of the Seller.
The Product will be sent to the areas, to which courier companies do not make delivery, through phone notification.
6.3 The delivery period is thirty (30) days from the execution of the Agreement and delivery of the e-mail regarding the confirmation of order.
The delivery period may be extended for maximum ten (10) days by notifying the Purchaser beforehand in writing or through a permanent data carrier.
Within those areas to which the courier company makes delivery only once a week, if the address details are missing/false or particular social incidents arise, delays may occur. The Seller may not be held responsible for such delays.
When the Product is dispatched to the Purchaser, the Seller will give his/her a delivery tracking number for the delivery date to be anticipated.
If the Product is not delivered to the Purchaser within the determined period, such delivery problems shall be notified immediately to the Seller via email@example.com.
6.4 The Seller will not be responsible for the additional costs/expenses arising from the misinformation regarding the address details of the Purchaser or absence of the Purchaser at the delivery address, or refusal to receive the Product by the relevant recipient person/institution if the Product to be received by a person/institution other than the Purchaser).
6.5 If the courier company delivers a defective package to the Purchaser, the Purchaser shall not receive such package and shall ask the officer of the courier company to issue a written report. If the package is received, it shall be accepted that the courier company has fulfilled its duty accordingly.
If the officer of the courier company is of the view that the package is not defective, the Purchaser can ask the officer of the courier company to unpack and control the relevant package and to issue a written report to determine the situation.
If the package is not accepted and a written report is issued, the situation will be notified to the Seller by submitting a copy of the report as kept by the Purchaser.
6.6 In case delivery is not possible, the Purchaser will be informed; the amounts paid and (if any) the documents obligating the Purchaser to make any payments will be returned to the Purchaser and the Agreement will be terminated within ten (10) days at the latest. If the Purchaser pays the price of the Product via credit card and in instalments, terms set forth under Article 7.11 of the Agreement will be applied.
In such cases, the Purchaser may not claim any additional pecuniary and non-pecuniary damages.
7 The right of withdrawal and terms of returns
7.1 The Seller may exercise the right of withdrawal within fifteen (15) days from the receipt of the Product, without indicating any reasons or paying any penalties. The duration of the right of withdrawal starts from the date when the Product is delivered to the Purchaser.
7.2 The Purchaser shall notify exercising his/her withdrawal right in fifteen (15) days in writing or through the continuous data carrier.
7.3 The decrease in the value of the received Product or a reason making the return impossible will not prevent the Purchaser from exercising the right of withdrawal.
However, if the decrease in the value or the impossibility to return the received Product is caused by the default of the Purchaser, the Purchaser shall compensate the total value or the amount of the decrease in the value of the Product.
7.4 In case the Purchaser exercises the right of withdrawal, the Seller, without bearing any costs to the Purchaser, shall refund the total amount paid by the Purchaser and if any, return all the documents burdening the Purchaser with debt within ten (10) days from the receipt of the invoice indicating the withdrawal right.
7.5 The Purchaser may not exercise the right of withdrawal for the Product produced upon the Purchaser’s request and/or personal requirements.
7.6 The Purchaser may return the Product purchased by mistake in fifteen (15) days. In the meantime the Product shall be returned in its original package. The Seller will not accept the return of the Product and will not refund the price, in case the package of the Product is opened, ruined, broken, used, destroyed etc. and/or the Product is not in the same condition as the Purchaser received it.
7.7 The Purchaser shall return the Product by following the directions on the “Returns” section of the www.ottomansilks.com website.
7.8 In order to make the return, the Purchaser shall inform the Seller. Upon this notification, the Seller shall inform the Purchaser on the acceptance of the return.
Following the notifications, the Purchaser shall send back the Product together with the invoice indicating the return information via the courier company that made the initial delivery to the address of the Purchaser.
In case the returned Product received from the Seller, complies with the return conditions set forth under the Agreement and the https://raspery.comweb site, the return will be accepted and the refund will be made to the credit card/bank account of the Purchaser.
The Seller will not make the refund unless the Purchaser delivers the returned Product.
7.9 Pursuant to the tax legislation, in order to make the return, the Purchaser shall send one (1) copy of the invoice belonging to the Seller by filling the return section underneath the invoice in full and signing it together with the Product to be returned. The other copy of the invoice will be kept by the Purchaser.
7.10 All the delivery costs of the returned the Product shall be borne by the Purchaser.
7.11 The duration of the transfer of the refund made to the credit cards to the credit card accounts is under the discretion of the relevant bank.
If the Purchaser has purchased the Product via banking pos devices using credit cards and in instalments,
(i) After the Seller refunds the total product price to the bank, the bank will make the refund to the credit card of the Purchaser in instalments.
(ii) As to the refund amount, one (1) instalment of the product price will be transferred to the credit card of the Purchaser once in each month.
(iii) The instalments paid by the Purchaser before the return date will be refunded by the bank starting from the month in which the refund of the outstanding instalments are completed and will be set off from the current credit card debts, provided that the return date and credit card statement date do not overlap.
8 Confidential information
8.1 The Seller shall not share the information provided by the Seller under this Agreement and for the payment with third parties. The Seller may only disclose such information within the scope of the administrative/legal obligations.
8.2 The Seller shall not keep the information with regard to the Purchaser’s credit card. The information with regard to the Purchaser’s credit card may only be used during the collection of the payments by conveying such information to the relevant banks in a safe way, and shall be deleted from the system after the transaction of the provision.
8.3 The seller may only use the information of the Purchaser such as, the e-mail address, telephone number and address, for standard Product delivery and informing procedures. However, upon the approval of the Purchaser, the Seller may send the information on campaigns, new products and promotions at certain periods to the Purchaser.
9.1 Notices or communications described under Article 18/3 of the Turkish Commercial Code numbered 6102 (consisting principally of notices of default, termination or withdraw) shall be sufficiently given only if delivered via a Turkish notary, by telegram, by registered mail, or by registered e-mail system using secure electronic signature and shall be deemed to have been given as of the date of proper Service in accordance with Turkish law.
10 Governing Law and Jurisdiction
10.1 This Agreement shall be interpreted and construed in accordance with the law of Turkey.
10.2 Any disputes arising out of or in relation to this Agreement shall be resolved by the Consumer Arbitral Committees under the value published by the Ministry of Customs and Commerce in December of each year and Consumer Courts and Execution Offices of the residential area of the Parties.
11.1 This Agreement shall be signed in Turkish and the English. In case of a conflict the Turkish version shall prevail.
12 Charges, Duties and Taxes
12.1 If any, all charges, duties and taxes (including stamp tax) except VAT in relation to this Agreement shall be borne by the Purchaser.
This Agreement, based on the mutual consents of the Parties, has been drafted and signed on __/__/2017.