Right of Withdrawal
Black Group Tekstil Ticaret Limited Şirketi
Distance Sales Agreement Pre-Information Text
This pre-information text is shared to inform the buyer prior to the establishment of the distance sales agreement, a requirement imposed on us by Article 5 of the Distance Sales Regulation of the Ministry of Trade.
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or provider, and if available, the MERSIS number,
c) The clear address, phone number, and similar contact information of the seller or provider, allowing the consumer to quickly contact the seller or provider, and if applicable, the identity and address of the person acting on behalf or account of the seller or provider,
ç) If there is different contact information for the seller or provider to submit consumer complaints than that specified in subparagraph (c), information about such contact details,
d) The total price of the goods or services, including all taxes; if the price cannot be calculated in advance due to its nature, the method of calculating the price; if any, all shipping, delivery, and similar additional costs, and information that additional costs may be paid if they cannot be calculated in advance,
e) Additional costs imposed on consumers in cases where the cost of using the remote communication tool during the contract establishment phase cannot be calculated based on the usual fee schedule,
f) Information regarding payment, delivery, performance, and any commitments related thereto, as well as the seller's or provider's methods for resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, period, and procedure for exercising this right, and information regarding the carrier designated by the seller for returns,
ğ) The clear address, fax number, or email address where the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised pursuant to Article 15, information about the consumer's inability to benefit from the right of withdrawal or under what conditions the consumer will lose the right of withdrawal,
ı) Upon the request of the seller or provider, any deposits or other financial guarantees to be paid or provided by the consumer, if any, and the conditions related thereto,
i) If any, technical protection measures that may affect the functionality of digital content,
j) Information known by the seller or provider, or reasonably expected to be known, regarding which hardware or software the digital content can operate with,
k) All information regarding consumers' applications concerning disputes to the Consumer Court or Consumer Arbitration Committee is available on our website and in our contract, and
The above information is submitted for your knowledge, approval, and acceptance as an integral part of the distance sales agreement.
BLACK GROUP TEKSTİL TİCARET LİMİTED ŞİRKETİ
DISTANCE SALES AGREEMENT
This agreement regulates the obligations of the parties in accordance with Article 48 et seq. of Law No. 6502 on Consumer Protection and relevant legal regulations concerning the sale-delivery to the buyer of the products/services specified below, which the buyer (consumer) wishes to purchase by placing an order on the seller (Black Fashion)'s e-commerce website https://www.blackfashion.com.tr/, and other related matters.
1. Parties
| SELLER IDENTITY INFORMATION | BLACK GROUP TEKSTİL TİCARET LİMİTED ŞİRKETİ |
| TAX OFFICE & NUMBER | BEŞİKTAŞ 0010977045 |
| ADDRESS | SİNANPAŞA MAH. SÜLEYMAN SEBA CAD. NO:14 İÇ KAPI NO:5 BEŞİKTAŞ/İSTANBUL |
| PHONE | 0850 888 88 23 |
| MERSİS NO | 0001 0977 0450 0014 |
| BANK ACCOUNT INFORMATION |
TR17 0006 2000 4260 0006 2906 75
BLACK GROUP TEKSTİL TİCARET LİMİTED ŞİRKETİ
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BUYER IDENTITY INFORMATION |
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| IDENTITY NUMBER | |
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| PLACE & YEAR OF BIRTH | |
| BANK ACCOUNT INFORMATION |
2. Product, Price, Payment, and Delivery Subject to the Contract
1. The type and nature of the products, quantity, brand, model, color, unit price, and sale price, as well as payment (collection) information and delivery information, including the delivery location indicated by the buyer, are as stated below. If the cargo company responsible for delivery does not have a branch at the buyer's location, the buyer must pick up the product from another nearby branch to be notified by Black Fashion. Other matters related to delivery are specified in Article 6 below of the agreement.
2. The product will be delivered from the Black Fashion store chosen by the buyer during the order to the delivery point chosen by the buyer within a maximum of 15 days. After the product is left at the delivery point, the buyer will pick up the product with the code sent to the phone number/email address provided/registered on the website, within a maximum of 14 working days between 10:00 and 22:00. If the buyer does not pick up the product within this period, it will be considered that the product has been returned, and the product price will be refunded to the credit card/bank account used for the order. For information regarding orders and to submit complaints, the buyer can call the customer service number +90 850 888 88 23 free of charge, send a written notification to info@blackfashion.com.tr, or receive WhatsApp written consultancy service via +90 532 209 89 70.
3. Matters Previously Informed to the Buyer
1. The buyer confirms that they have been informed by seeing and examining all general and special explanations in the relevant pages-sections of the Website before this agreement is established by the buyer's acceptance on the website and before they enter into an order or payment obligation.
2. Black Fashion's title and contact information, along with current identifying information,
3. Sales transaction steps during product acquisition from the website and appropriate tools-methods for correcting incorrectly entered information,
4. Electronic communication information where knowledge of Black Fashion's professional conduct codes, as stipulated by its professional chambers, can be obtained; the privacy, data usage-processing, and electronic communication rules applied by the Seller for buyer information, along with the buyer's permissions given to Black Fashion regarding these matters; the buyer's legal rights, Black Fashion's rights, and the procedures for exercising the parties' rights; shipping restrictions stipulated by Black Fashion for products,
5. Payment methods-tools accepted by Black Fashion for the products subject to the contract, and the basic characteristics-features of the products, the total price including taxes (the total amount the buyer will pay to Black Fashion, including related expenses),
6. Procedures for the delivery of products to the buyer and information regarding shipping-delivery-cargo costs,
7. Other payment/collection and delivery information related to the products, information regarding the performance of the contract, and the commitments-responsibilities of the parties in these matters,
8. Products and other goods-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 that the buyer will lose the right of withdrawal if the right is not exercised within the period,
10. In the case of products with a right of withdrawal, if the product is damaged or altered due to not being used in accordance with its usage instructions, ordinary operation, or technical specifications during the withdrawal period, the buyer's withdrawal request may not be accepted, and in any case, the buyer will be liable to Black Fashion. In cases accepted by Black Fashion, an amount deemed appropriate for the damage or alteration may be deducted from the refund (offset) made to the buyer.
11. In cases where there is a right of withdrawal, how the products can be returned to Black Fashion and all related financial matters (including return methods, costs, refund of the product price, and any discounts or offsets that may be made for reward points earned/used by the Buyer during the return),
12. If the buyer is a legal entity, they cannot exercise "consumer rights," including the right of withdrawal, for products purchased for commercial or professional purposes (e.g., bulk purchases are always considered as such),
13. All other sales terms contained in this agreement according to its nature, and since this agreement is sent to the buyer via email after being approved by the buyer on the website, it can be stored and accessed by the buyer for the desired period, and Black Fashion can also store it for three years.
14. In case of disputes, the buyer can submit complaints to Black Fashion via the provided contact information and make legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
15. The buyer has accepted the preliminary information that they can call the customer service number +90 850 888 88 23 free of charge to get information about their order and submit complaints, send a written notification to info@blackfashion.com.tr, or receive WhatsApp written consultancy service via +90 532 209 89 70.
4. Right of Withdrawal
1. The buyer has the right to withdraw from this contract within fourteen (14) days from the date of receiving the product, without showing any reason and without paying any penalty. To exercise the right of withdrawal, the buyer must have notified Black Fashion of their desire to benefit from this right within the legal period, under the conditions specified in this agreement. In cases where the right of withdrawal can be exercised, the buyer is liable by law for any changes or damage that occur if the product is not used in accordance with its usage instructions, normal operation, or technical specifications during the withdrawal period. Accordingly, if there is a change or damage to the product due to not being used in accordance with its usage instructions, technical specifications, and operation until the date of withdrawal, the buyer may lose their right of withdrawal; in cases accepted by Black Fashion, a deduction corresponding to the change/damage will be made from the refunded product price. In cases where there is a right of withdrawal, it is sufficient for the buyer to have sent a clear notification of their exercise of the right of withdrawal to Black Fashion within the legal 14-day period (communicated verbally/in writing to the contact addresses specified above).
2. The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In determining the right of withdrawal period;
a) For single-order goods delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part,
c) For contracts involving regular delivery of goods over a certain period, the day the consumer or a third party designated by the consumer receives the first good is taken as a basis.
3. For cases where there is no right of withdrawal, the Buyer can only deliver the product to be returned to Black Fashion's contracted cargo companies. Returns of products delivered to Black Fashion by any cargo company other than these contracted cargo companies and their transportation costs are not accepted. Returns must be made with the original box or packaging, and returns of products whose original box/packaging is damaged (for example; products with a cargo label attached to the original box and/or taped with cargo tape, etc.), have lost their re-saleability feature, and are in a condition that cannot be purchased by another customer are not accepted. The buyer delivers the product to be returned to Black Fashion with the original dispatch note and a petition stating the reason for return.
4. If the buyer wishes to cancel their order, they must submit a cancellation request via email, phone number, or by calling the customer service number +90 850 888 8823. Upon this, Black Fashion notifies the buyer via email that the cancellation process has been completed. It should be noted that if the product has not been shipped in cancellation processes, the full amount will be refunded using the method of payment; if the product has been shipped, the shipping fee will be deducted before the refund is made to the buyer.
5. Rules Regarding Security, Privacy, Personal Information, Electronic Communications, and Intellectual-Industrial Rights
1. On the website, the privacy rules-policy and terms, the current principles of which are stated below, apply regarding the protection, confidentiality, processing-use of information, and communications, as well as other matters.
2. The necessary measures for the security of the information and transactions entered by the buyer on the website have been taken by Black Fashion within its system infrastructure, in accordance with the nature of the information and transaction and within the limits of current technical possibilities. However, since the said information is entered from the buyer's device, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect this information on the buyer's side and prevent unauthorized access by irrelevant persons, rests with the buyer.
3. Information acquired during the buyer's membership and purchases on the website may be recorded, stored in printed/magnetic archives, updated, shared, transferred, and processed by Black Fashion for all kinds of informational, advertising-promotional, sales, marketing, store card, credit card, and membership application purposes, indefinitely or for a period they deem appropriate, by Black Fashion and its successors. This data may also be forwarded to relevant authorities and courts in legally required situations.
4. The buyer has consented to and authorized the use, sharing, processing of their existing and new personal and non-personal information within the scope mentioned above, in accordance with the legislation on personal data protection and e-commerce, and the sending of commercial and non-commercial electronic and other communications to them.
5. The buyer can always stop data usage-processing and/or communications 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 belonging to the website and their arrangement, revision, and partial/complete use; all intellectual-industrial rights and property rights belong to Black Fashion, except for those belonging to other third parties according to Black Fashion's agreement.
7. Black Fashion reserves the right to make any changes it deems necessary regarding the above matters; these changes become valid from the moment they are announced by Black Fashion on the website or through other appropriate methods.
8. For other sites accessed from the website, their own privacy-security policies and terms of use apply. Black Fashion is not responsible for any disputes or negative consequences that may arise.
6. General Provisions
1. The product subject to the contract shall be delivered to the buyer or to the third party/organization at the address indicated on the website, within the legal period of 15 days, as specified below and in Article 2 of this contract.
2. In general, and unless otherwise expressly stated, delivery costs (shipping fees, etc.) are borne by the buyer. Black Fashion may not pass on all or part of these delivery costs to the buyer, depending on the campaigns it is running at the time of sale and whose terms are announced on the website.
3. If the buyer is not personally 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 to receive the delivery at the address, it is the buyer's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the buyer, Black Fashion cannot be held responsible if the person/organization to be delivered is not at the address or does not accept the delivery. In these cases, all damages arising from the buyer's delayed receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to Black Fashion shall also belong to the buyer.
4. The buyer is obliged to check the product upon receipt and, if a problem caused by the cargo is observed, to refuse the product and have a report prepared by the cargo company official. Otherwise, Black Fashion will not accept responsibility.
5. Unless otherwise stipulated in writing by Black Fashion, the buyer must have paid the full price of the product before receiving it. In cash sales, if the product price is not fully paid to Black Fashion before delivery, or in installment sales, if the installment amount due is not paid, Black Fashion may unilaterally cancel the contract and not deliver the product. If, for any reason after product delivery, the bank/financial institution to which the credit card used for the transaction belongs does not pay the product price to Black Fashion or demands a refund of the amount paid, the product must 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 will be covered by the buyer. Black Fashion reserves all other contractual and legal rights, including the right to pursue payment for the product price without accepting the return.
6. Black Fashion's legal rights in cases considered installment sales by law (including the right to terminate the contract and/or demand payment of the entire remaining debt with default interest if installments are not paid) are existing and reserved within the framework of the relevant legislation. In case of buyer's default, default interest at the monthly rate specified by applicable laws shall be applied.
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 contract-compliant withdrawals, and contract terminations, if the product price has been collected, it will be refunded to the buyer within a maximum of 14 days. The requirements of the following rule are reserved. The refund will be made in a manner consistent with the payment method used by the buyer for the product price payment to Black Fashion. For example, in credit card payments, the refund process is carried out by refunding to the buyer's credit card, and the product amount is returned to the relevant bank within the same period after the order is canceled by the buyer; since the reflection of this amount on the buyer's accounts after the seller has made the refund to the bank is entirely related to the bank's processing time, the buyer hereby accepts that Black Fashion cannot interfere in any way or assume responsibility for possible delays. Black Fashion has and reserves the right to set off, discount, and deduct from the amount to be refunded, arising from this contract and law. The buyer's legal rights in cases where the contract is terminated by the buyer due to Black Fashion's failure to perform its obligation are also reserved and existing. If the discount subject to the purchase has expired by the return period, Black Fashion may accept the return by offsetting the product at its new price.
9. The buyer can always access and review the said information and this contract by saving and storing the email on their device, as they are sent to the email address provided after acceptance. Furthermore, they are kept in Black Fashion's systems for two years.
10. Black Fashion's records (including records in magnetic media such as computer-sound recordings) shall constitute evidence in the resolution of any disputes arising from this contract and/or its implementation; the parties' rights arising from the relevant mandatory legal regulations in this regard are valid and reserved.
7. Buyer's Legal Remedies and Authorized Courts
1. In disputes arising from this contract, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade, as required by law. In cases exceeding these limits, Consumer Courts are authorized. Within this framework, the buyer may apply to the Arbitration Committees and Consumer Courts (Istanbul) at their place of residence or, if they wish, at Black Fashion's place of residence.
2. The buyer acknowledges and declares that they have read all the terms and explanations written in this contract and in the order-contract pre-information (on the website) which forms an integral part of it, that they have prior knowledge of all matters written in Article 3 of this contract, including the basic characteristics-qualities of the product/products subject to sale, sales price, payment method, delivery conditions, all other pre-information-notifications regarding Black Fashion and the product subject to sale, and the right of withdrawal, as well as personal information-electronic communication and reward points conditions, that they have seen all of these electronically on the website, and that they accept the provisions of this contract by confirming-approving-consenting-authorizing all of these electronically when ordering the product. Both the said pre-information and this contract are also sent to the electronic mail (email) address provided by the buyer to Black Fashion, and the confirmation of the order receipt is also included in the said electronic mail along with the order summary.
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BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES AGREEMENT
RIGHT OF WITHDRAWAL FORM
Buyer Wishing to Exercise the Right of Withdrawal: With this form, I declare that I am exercising my right of withdrawal from the contract regarding the sale of the following goods or the provision of services.
- Order date or delivery date:
- Goods or service subject to the right of withdrawal:
- Price of the goods or service subject to the right of withdrawal:
- Consumer's first and last name:
- Consumer's address:
- Consumer's signature: (If you are submitting your right of withdrawal online, please apply with your e-signature, mobile signature, and/or wet signature image)
- Date:
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