Right of Withdrawal
BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES CONTRACT PRELIMINARY INFORMATION TEXT
This preliminary information text is shared with us for the purpose of providing preliminary information to the buyer before the distance sales contract is established, as imposed on us by Article 5 of the Distance Contracts Regulation of the Ministry of Trade.
a) Basic characteristics of the goods or services that are the subject of the contract,
b) Name or title of the seller or provider, and mersis number, if any,
c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf of or on behalf of the seller or provider, if any,
ç) If the seller or provider has contact information other than that specified in clause (c) for the consumer to communicate their complaints, information regarding these,
d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and information on whether additional costs can be paid if these cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool cannot be calculated according to the regular fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information regarding payment, delivery, performance and, if any, commitments regarding these and the seller's or provider's methods of resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, duration and procedure for exercising this right and information on the carrier designated by the seller for return,
g) The full address, fax number or e-mail address to which the notice of withdrawal will be sent,
h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information on whether the consumer will not be able to benefit from the right of withdrawal or under what conditions he/she will lose the right of withdrawal,
i) Deposits or other financial guarantees to be paid or provided by the consumer upon the request of the seller or provider, if any, and the conditions related to them,
i) Technical protection measures, if any, that may affect the functionality of digital content,
j) Information that the seller or provider knows or reasonably expects to know, regarding which hardware or software the digital content can work with,
k) All information regarding consumers' applications to the Consumer Court or Consumer Arbitration Committee regarding disputes is available on our website and in our contract.
The above information is presented for your information, approval and acceptance as an integral part of the distance sales contract.
BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES CONTRACT
This contract regulates the obligations of the parties in accordance with Articles 48 et seq. of the Law No. 6502 on the Protection of Consumers and the relevant legal legislation, regarding the sale-delivery and other matters of the products/services specified below, which the buyer (consumer) wants to purchase by placing an order on the https://www.blackfashion.com.tr/ electronic commerce website belonging to the seller (Black Fashion).
1. Parties
| SELLER IDENTITY INFORMATION | BLACK GROUP TEXTILE TRADE LIMITED COMPANY |
| TAX OFFICE & NUMBER | BESIKTAS 0010977045 |
| ADDRESS | SINANPASA MAH. SULEYMAN SEBA STREET. NO: 14 INSIDE DOOR NO: 5 BEŞİKTAŞ/İSTANBUL |
| TELEPHONE | 0850 888 88 23 |
| CRS NO | 0001 0977 0450 0014 |
| BANK ACCOUNT INFORMATION |
TR17 0006 2000 4260 0006 2906 75
BLACK GROUP TEXTILE TRADE LIMITED COMPANY
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BUYER IDENTITY INFORMATION |
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| PLACE & YEAR OF BIRTH | |
| BANK ACCOUNT INFORMATION |
2. Contractual Product, Price, Payment and Delivery
1. The type and kind of products, quantity, brand, model, color, unit price and sales price, payment (collection) information and delivery information including the delivery location notified by the buyer are as stated below. If the cargo company that will make the delivery does not have a branch in the buyer's location, the buyer must collect the delivery from another nearby branch to be notified by Black Fashion. Other issues regarding delivery are specified in the following article 6 of the contract.
2. The product will be delivered to the delivery point chosen by the buyer from the Black Fashion store selected by the buyer during the order within 15 days at the latest. After the product is left at the delivery point, the buyer will receive the product between 10:00 - 22:00 within 14 business days at the latest with the code sent to the phone number / e-mail address provided by the buyer on the website / registered during registration. If the buyer does not receive the product within this period, the product will be considered to have been returned and the product price will be refunded to the credit card / bank account from which the order was made. The buyer can call the customer service number +90 850 888 88 23 free of charge to get information about their orders and convey their complaints and can send a written notification to the info@blackfashion.com.tr e-mail address or receive written consultancy service via WhatsApp +90 850 888 88 23.
3. Matters of which the Buyer is informed in advance
1. The Buyer confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages and sections of the Website before the acceptance of this contract by the Buyer on the website and before entering into the obligation to place an order and make a payment.
2. Black Fashion's title, contact information and current promotional information,
3. Appropriate tools and methods for the stages of the sales process when purchasing the products from the website and for correcting incorrectly entered information,
4. Electronic communication information where Black Fashion can obtain information on the rules of conduct stipulated by the professional chambers to which it is affiliated, the confidentiality, data use-processing and electronic communication rules applicable to the buyer information applied by the seller, and the permissions given by the buyer to Black Fashion in these matters, the legal rights of the buyer, the rights of Black Fashion and the methods of exercising the rights of the parties, the shipping restrictions stipulated by Black Fashion for the products,
5. Payment methods and instruments accepted by Black Fashion for the products subject to the contract, basic features and characteristics of the products, total price including taxes (total amount to be paid by the buyer to Black Fashion including relevant expenses),
6. Information on the procedures for delivering the products to the buyer and shipping-delivery-cargo costs,
7. Other payment/collection and delivery information regarding the products and information regarding the performance of the contract, the commitments and responsibilities of the parties in these matters,
8. Products and other goods and services for which the Buyer does not have the right of withdrawal,
9. In cases where the buyer has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the buyer will lose his right of withdrawal if the right is not exercised within the time limit,
10. In products with a right of withdrawal, if the product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the buyer's withdrawal request may not be accepted and the buyer will be liable to Black Fashion in any case. In cases where Black Fashion accepts, it may collect an amount it deems appropriate for the damage or change in question as a deduction (set-off) from the refund it will make to the buyer.
11. In cases where the right of withdrawal exists, how the products can be returned to Black Fashion and all related financial matters (including return methods, costs and refund of the product price and discounts and offsets that can be made for the reward points earned/used by the Buyer during the return),
12. If the buyer is a legal entity, he/she cannot exercise his/her "consumer rights", especially the right of withdrawal, for products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
13. Depending on its nature, this contract, together with all other sales conditions included in this contract, may be stored and accessed by the buyer for a period of time requested by the buyer after it is approved and established on the website and sent to the buyer via e-mail, and Black Fashion may store it for a period of three years.
14. In case of dispute, the buyer can submit his/her complaints to Black Fashion through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
15. The buyer can call the customer service number +90 850 888 88 23 free of charge to get information about his order and to convey his complaints, and can send a written notification to info@blackfashion.com.tr e-mail address or receive written consultancy service via WhatsApp via the service number +90 850 888 88 23. The preliminary information has been accepted by the buyer.
4. Right of Withdrawal
1. The buyer has the right to withdraw from this contract within fourteen (14) days from the date of receipt of the product without giving any reason and without paying any penalty. The buyer who will exercise the right of withdrawal must have fulfilled the obligation to notify Black Fashion of his/her desire to benefit from this right within the legal period under the conditions specified in this contract. In cases where the right of withdrawal is possible, the buyer is legally responsible for any changes and deteriorations that occur if the product is not used in accordance with its operation, technical specifications and usage instructions during the withdrawal period. Accordingly, if there is a change or deterioration due to the product not being used in accordance with its operation instructions, technical specifications and functionality until the withdrawal date, the buyer may lose the right of withdrawal; In cases where it is accepted by the seller, a discount will be made from the price of the product to be returned in the amount of the change / deterioration. In cases where there is a right of withdrawal, it is sufficient for the buyer to send a clear notification to Black Fashion within the legal period of 14 days (verbally/written to the contact addresses specified above) that he/she has exercised his/her right of withdrawal.
2. Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or a third party determined by the consumer receives the first good shall be taken into account.
3. For cases where there is no right of withdrawal, the Buyer can only deliver the product to be returned to the cargo companies that Black Fashion has an agreement with. The return and transportation fee of products delivered to Black Fashion by any cargo company other than these cargo companies will not be accepted. Returns must be made with the original box or packaging, and products whose original box/packaging is damaged (for example; a cargo label has been stuck on the original box and/or a product has been taped with cargo tape, etc.), products that have lost their resalability and are in a condition that cannot be purchased by another customer will not be accepted. The Buyer shall deliver the product they wish to return, the original delivery note and a petition stating the reason for return to Black Fashion.
4. If the buyer wishes to cancel the order, they must make a cancellation request via e-mail address, phone number or +90 850 888 8823 customer service number. Black Fashion then notifies the buyer via e-mail that the cancellation has been made. It should be noted that if the product has not been shipped in the cancellation process, the entire fee will be refunded using the method used for the transaction, and if the product is shipped, the refund will be made to the buyer after the shipping fee is deducted.
5. Rules Regarding Security, Confidentiality, Personal Information, Electronic Communications and Intellectual Property Rights
1. The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the website and other matters.
2. Necessary measures for the security of the information and transactions entered by the buyer on the website have been taken in the system infrastructure of Black Fashion, in accordance with the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the buyer's device, it is the buyer's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, to protect it on the buyer's side and prevent it from being accessed by unrelated persons.
3. The information obtained during the Buyer's membership to the website and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the specified parties and their successors for electronic and other commercial-social communications to be made for Black Fashion, all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card and membership applications. These data may also be forwarded to the relevant authorities and courts when required by law.
4. The Buyer consents and allows the use, sharing and processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to receive commercial and non-commercial electronic and other communications.
5. The Buyer may stop data usage-processing and/or communications at any time by contacting Black Fashion through the specified communication channels. The procedure for this is detailed in the Personal Data Protection Procedures on the website.
6. Regarding all information and content of the website and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to Black Fashion, except for those belonging to other third parties in accordance with Black Fashion's agreement.
7. Black Fashion reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by Black Fashion on the website or through other appropriate methods.
8. Other sites accessed from the website have their own privacy-security policies and terms of use. Black Fashion is not responsible for any disputes or negative consequences that may arise.
6. General Provisions
1. The product subject to the contract is delivered to the buyer or the third person/organization at the address indicated on the website in accordance with the principles set out below and in Article 2 of this contract, provided that the legal 15-day period is not exceeded.
2. In general, and unless otherwise expressly stated, delivery costs (shipping costs, etc.) are the responsibility of the buyer. Black Fashion may not reflect all or part of the delivery costs to the buyer, depending on the campaigns it runs at the time of sale and the terms of which are announced on the website.
3. If the recipient is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, Black Fashion will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the responsibility of the recipient to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/organization other than the recipient, Black Fashion cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In such cases, all kinds of damages arising from the recipient receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to Black Fashion belong to the recipient.
4. The buyer is responsible for checking the product upon receipt and, if he/she sees a problem with the product caused by the cargo, not accepting the product and having a report drawn up by the cargo company officer. Otherwise, Black Fashion will not accept any responsibility.
5. Unless otherwise stated in writing by Black Fashion, the buyer must have paid the full price before receiving the product. In cash sales, if the product price is not paid to Black Fashion in full before delivery, or if the installment amount due is not paid in installment sales, Black Fashion may unilaterally cancel the contract and not deliver the product. If, for any reason after the delivery of the product, the bank/financial institution to which the credit card used for the transaction belongs does not pay the product price to Black Fashion or requests the amount paid back, the product shall be returned to Black Fashion by the buyer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the buyer, the shipping costs shall be covered by the buyer. Black Fashion reserves all other contractual-legal rights, including the right to pursue the product price without accepting the return, separately and in any case.
6. Black Fashion's legal rights in cases deemed to be sales in installments by law (including the right to terminate the contract and/or demand payment of the entire remaining debt together with default interest in case of non-payment of installments) are available and reserved within the framework of the relevant legislation. In case of default by the Buyer, default interest is applied at a monthly rate as stipulated by the applicable laws.
7. If the product cannot be delivered within the legal maximum period of 15 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, Black Fashion will inform the buyer about the delivery. In this case, the buyer can cancel the order, order a similar product or wait until the extraordinary situation ends.
8. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the contract, if the product price has been collected, it will be returned to the buyer within a maximum of 14 days. The requirements of the following rule are reserved. The return will be made in accordance with the payment instrument used by the buyer to pay the product price to Black Fashion. For example, in credit card payments, the return transaction will be made by returning it to the Buyer's credit card and the product amount will be returned to the relevant bank within the same period after the order is cancelled by the buyer; since the reflection of this amount to the Buyer's accounts after the return transaction is made by the Seller to the bank is completely related to the bank transaction process, the buyer accepts in advance that Black Fashion will not be able to intervene and assume any responsibility for possible delays. Black Fashion has and reserves the rights of offset, discount and deduction arising from this contract and the law for the amount to be returned. The buyer's legal rights regarding the cases where the contract is terminated by the buyer due to the failure of Black Fashion to perform its obligation are also reserved and available. If the discount on the purchase has ended by the time the buyer returns, Black Fashion will be able to refund the product by offsetting it against its new price.
9. The Buyer can access and review the said information and this agreement at any time by saving and storing the said email on his/her device, as they are sent to the email address he/she provided after acceptance. On the other hand, they are kept in the systems of Black Fashion for a period of two years.
10. In resolving any dispute that may arise from this contract and/or its implementation, Black Fashion records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
7. Buyer's Legal Recourse and Competent Judicial Authorities
1. In disputes that may arise from this contract, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. Within this framework, the Buyer may apply to the Arbitration Committees and Consumer Courts (Istanbul) in his or Black Fashion's place of residence.
2. The Buyer accepts and declares that he/she has read all the conditions and explanations written in this contract and the order-contract preliminary information (on the website) which constitute an integral part of it, that he/she has prior knowledge of all the issues written in Article 3 of this contract including the basic features-qualifications of the product/products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-informations related to Black Fashion and the product subject to sale, right of withdrawal and personal information-electronic communication and reward points conditions, that he/she has seen all of them electronically on the website and that he/she has accepted the provisions of this Contract by ordering the product by confirming-approving-accepting-permitting all of these electronically. Both the said preliminary information and this contract are also sent to the above-mentioned e-mail address notified to Black Fashion, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.
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BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES CONTRACT
WITHDRAWAL FORM
Buyer who wishes to exercise the right of withdrawal from the contract: With this form you sign the contract for the sale of goods or provision of services below:
I declare that I have exercised my right of withdrawal.
- Order date or delivery date:
- Goods or services subject to the right of withdrawal:
- Price of the goods or services subject to the right of withdrawal:
- Name and surname of the consumer:
- Address of the consumer:
- Signature of the consumer: (If you are going to submit your right of withdrawal online, please apply with your e-signature, mobile signature and/or wet-signed image)
- History :
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