Terms of service
Distance Sales Agreement
ARTICLE 1 – PARTIES
1.1 SELLER
Title: AYÇA AYDIN
Address: Merkez Mahallesi Sağdıç Sokak No: 38, Saral Apartmanı, Apartment 4, Floor 2, Şişli / Istanbul 34381
Telephone:
Fax:
E-mail:
1.2 BUYER
Name/Surname/Title:
Address:
Telephone:
E-mail:
ARTICLE 2 – SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, regarding the sale and delivery of the product(s), the code, name, quantity, and sale price of which are specified in the invoice, ordered electronically by the CUSTOMER through the website aicia.co.
ARTICLE 3 – DETERMINATION OF THE PRODUCT SUBJECT TO THE AGREEMENT, PAYMENT, AND DELIVERY TERMS
3.1 PRODUCTS
The essential characteristics of the goods or services are available on aicia.co. The listed price announced on the website is the sale price. Announced prices and campaigns remain valid until they are updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period. All taxes relating to the goods or services subject to the Agreement are included in the sale price published on the website.
3.2 DELIVERY METHOD AND PLAN
Delivery Address:
Person to be Delivered To:
Invoice Information:
After the ordered product(s) are supplied by AICIA, shipment shall commence within 3–5 business days, depending on the category of the product(s). Shipping is free of charge for all orders placed through the website, and the shipping cost shall be borne by the SELLER.
3.3 DEFAULT INTEREST
Payment for the purchased products shall be made in cash or by credit card. Therefore, no default interest shall be applied by the SELLER.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER declares that they have read and are fully informed, accurately and completely, about the essential characteristics of the product subject to the Agreement, the sale price including all taxes, the payment method, the delivery terms, the fact that the related costs shall be borne by the BUYER, the delivery period, and the SELLER’s full trade name, full address, and contact details on the website aicia.co, and that they have given the necessary confirmation electronically.
4.2. The product or service subject to the Agreement shall be delivered to the BUYER or to the person/institution at the address designated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that this period does not exceed the legal period of 30 days. Any shipping costs related to delivery specified in Article 3 shall be borne by the SELLER and shall not be reflected in the invoice issued for the BUYER’s order under the name “Shipping Fee”; such costs are included in the product price.
4.3. If the product subject to the Agreement is to be delivered to a person/institution other than the BUYER, the SELLER shall not be held responsible if such person/institution refuses to accept delivery.
4.4. The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered by the cargo company during delivery. Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and properly. Therefore, any damages arising from the BUYER receiving the product late, as well as expenses resulting from the product being kept at the cargo company and/or being returned to the SELLER, shall be borne by the BUYER.
4.5. If payment for the service(s) subject to the Agreement is made by credit card, any legal risks arising from the fact that the BUYER and the cardholder or the person to whom the service will be provided are different persons, including but not limited to unauthorized, unlawful, or illegal use of the credit card by third parties, shall belong to the BUYER. The BUYER accepts and undertakes that they shall not make any claim against the SELLER in the event of any loss arising from such situations.
4.6. In the event a repair request is made regarding the product, the periods specified in the Consumer Law and related regulations shall apply.
4.7. The SELLER may, provided that there is a justified reason, supply a different product of equal quality and price before the expiration of the performance obligation arising from the Agreement.
4.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transport, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancel the order, replace the product subject to the Agreement with an equivalent one if available, and/or postpone the delivery period until the preventing situation ceases. If the BUYER cancels the order, the amount paid shall be refunded in full within 10 days according to the payment method used for the order.
4.9. Unless there is a temporary disruption, the SELLER reserves the right to change the intermediary cargo company for orders whose payment has been collected, without providing any information to end users.
4.10. If, after delivery of the product, the BUYER’s credit card, bank card, debit card, and/or other payment systems offered on the Website are unlawfully or illegally used by unauthorized persons through no fault of the BUYER, and as a result the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the relevant product to the SELLER within 3 (three) days, provided that the product has been delivered to the BUYER. In this case, transportation costs shall be borne by the BUYER.
4.11. Once the package has been received, it shall be deemed that the delivery company has properly fulfilled its duty. Therefore, packages determined to be damaged during delivery should not be accepted, and a report should be prepared.
ARTICLE 5 – PAYMENT REFUND PROCEDURE
5.1. In cases where the BUYER exercises the right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where a refund is decided in favor of the BUYER by consumer arbitration committee decisions, the SELLER shall refund the full amount collected to the relevant bank within 14 (fourteen) days following the cancellation of the order by the BUYER, for payments made by credit card, bank card, debit card, and/or other payment systems offered on the Website. If the BUYER purchased the product in installments, the refund shall also be made by the bank to the BUYER’s credit card in the same number of installments. After the amount is refunded to the bank, the reflection of this amount into the BUYER’s account depends entirely on the bank’s process, and the SELLER has no possibility to intervene in this matter.
5.2. Products requested to be returned or exchanged must be sent back in a separate package/box in a manner that prevents damage during shipment. Since any damage to the original boxes and any cargo or similar labels affixed on them may impair the originality and therefore the resalability of the products, return or exchange shall not be possible in such cases.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. In distance contracts regarding the sale of goods, the consumer has the right to withdraw from the contract within 14 days from the date of delivery, without assuming any legal or penal liability and without giving any reason, by rejecting the goods. However, some products offered for sale on our website are made to order, and returns are not accepted for such dresses. This statement is clearly indicated on the detail pages of the relevant products. In distance contracts regarding the provision of services, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will begin before the expiration of the 14-day period, the Customer may exercise the right of withdrawal until the date the performance begins. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER, provided that the product is returned through the cargo company contracted by the SELLER.
6.2. In order to exercise the right of withdrawal, the SELLER must be notified within the 14-day period by fax, telephone, or e-mail specified in Article 1 of this Agreement, and the product must not have been used in accordance with the provisions of the distance sales contract. Within the scope of the right of withdrawal, the product must remain unused within the framework of Article 6 of the distance sales contract. If the returned product is sent through the cargo company contracted by the SELLER, the return shipping costs shall be borne by the SELLER.
6.3. Products to be returned within the 14-day period must be delivered complete and undamaged together with their box and packaging. The product price shall be refunded to the Customer within 14 days following receipt of these documents by the Seller.
6.4. In the event of exercising this right, it is mandatory to return the original invoice together with a copy of the cargo delivery report showing that the product delivered to the third party or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
ARTICLE 7 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller or provider.
b) Contracts for goods prepared in line with the consumer’s requests or personal needs.
c) Contracts for the delivery of goods that are liable to deteriorate quickly or are likely to expire.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, and whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts relating to books, digital content, and computer consumables delivered in tangible form, if protective elements such as packaging, tape, seal, or package have been opened after delivery.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Contracts relating to accommodation, transport of goods, car rental, supply of food and beverages, and leisure activities for entertainment or recreation that must be performed on a specific date or during a specific period.
ğ) Contracts for services performed instantly in electronic form or for intangible goods delivered instantly to the consumer.
h) Contracts for services the performance of which has started with the consumer’s approval before the expiration of the withdrawal period.
ARTICLE 8 – COMPETENT COURT
Turkish Law shall govern disputes arising from the implementation of this Agreement, and the Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction.
This Agreement has been read, accepted, and confirmed electronically by the parties. In matters not regulated under this Agreement, the provisions of Law No. 6502 on the Protection of Consumers and the relevant legislation shall apply. If the order is completed, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement.
SELLER: AYÇA AYDIN
BUYER:
DATE: