Purchase Conditions
Black Group Tekstil Ticaret Limited Şirketi
Distance Sales Contract Pre-Information Text
This pre-information text is shared to inform the buyer prior to the conclusion of the distance sales contract, a requirement imposed upon us by Article 5 of the Ministry of Commerce's Regulation on Distance Contracts.
a) The essential characteristics of the good or service subject to the contract,
b) The name or title of the seller or provider, and if available, its MERSIS number,
c) The seller or provider's full address, telephone number, and similar contact information that allows the consumer to quickly contact the seller or provider, as well as the identity and address of any person acting on behalf of or for the account of the seller or provider, if applicable,
ç) Information regarding different contact details for the seller or provider for consumer complaints, if any, other than those specified in sub-paragraph (c),
d) The total price of the good or service including all taxes, the method for calculating the price if it cannot be determined in advance due to its nature, and information about any additional shipping, delivery, and similar costs, if any, and the possibility of paying these additional costs if they cannot be calculated in advance,
e) Additional costs imposed on consumers in situations where the cost of using the distance communication tool cannot be calculated based on the standard tariff during the contract formation stage,
f) Information regarding payment, delivery, performance, any commitments related thereto, and the seller or provider's complaint resolution methods,
g) In cases where there is a right of withdrawal, the conditions, duration, and procedure for exercising this right, and information regarding the carrier specified by the seller for returns,
ğ) The full address, fax number, or email address where the withdrawal notification will be made,
h) Information on when the consumer cannot benefit from the right of withdrawal or under what conditions they will lose the right of withdrawal, in cases where the right of withdrawal cannot be exercised pursuant to Article 15,
ı) Deposits or other financial guarantees that must be paid or provided by the consumer at the request of the seller or provider, if any, and the terms related thereto,
i) Technical protection measures that may affect the functionality of digital content, if any,
j) Information on which hardware or software the digital content can operate with, which the seller or provider knows or can reasonably be expected to know,
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 presented for your information, approval, and acceptance as an integral part of the distance sales contract.
BLACK GROUP TEKSTİL TİCARET LİMİTED ŞİRKETİ
DISTANCE SALES CONTRACT
This contract regulates the obligations of the parties in accordance with Article 48 et seq. of Law No. 6502 on the Protection of Consumers and relevant legal regulations, regarding 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 website https://www.blackfashion.com.tr/, which operates e-commerce activities belonging to the seller (Black Fashion), and other matters.
1. Parties
| SELLER IDENTIFICATION 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 |
| TELEPHONE | 0850 888 88 23 |
| MERSIS 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 IDENTIFICATION INFORMATION |
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| IDENTIFICATION NUMBER | |
| ADDRESS | |
| TELEPHONE | |
| PLACE & YEAR OF BIRTH | |
| BANK ACCOUNT INFORMATION |
2. Subject Product, Price, Payment, and Delivery of the Contract
1. The type and kind, quantity, brand, model, color, unit price, and sales price of the products, as well as payment (collection) information and delivery information, including the delivery location specified by the buyer, are as stated below. If the cargo company that will make the 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 issues related to delivery are specified in Article 6 below of the contract.
2. The product will be delivered from the Black Fashion store where the buyer selected the product 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 within a maximum of 14 business days between 10:00 and 22:00 with the code sent to the phone number/email address provided by the buyer to the website/during registration. If the buyer does not pick up the product within this period, it will be deemed that the product has been returned, and the product price will be refunded to the credit card/bank account with which the order was placed. The buyer can call the customer service number +90 850 888 88 23 for free to get information about their orders and submit complaints, 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 hereby confirms and accepts that they have been informed by seeing and examining all general and special explanations in the relevant pages/sections of the Website regarding the following matters before this contract is concluded by the buyer's acceptance on the website and before the buyer becomes liable for the order and payment.
2. Black Fashion's title and contact information, and current promotional information,
3. The stages of the sales process when purchasing products from the website and appropriate tools/methods for correcting incorrectly entered information,
4. Information on the code of conduct for the profession prescribed by the professional chambers to which Black Fashion belongs, which can be obtained through electronic communication, the privacy, data usage-processing, and electronic communication rules applicable to buyer information by the Seller, and the permissions granted by the buyer to Black Fashion in these matters, the buyer's legal rights, Black Fashion's rights, and the procedures for exercising the parties' rights, shipping restrictions prescribed by Black Fashion for the products,
5. Payment methods/tools accepted by Black Fashion for the products subject to the contract, and the essential features-qualities 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 about shipping-delivery-cargo costs,
7. Other payment/collection and delivery information related to the products and 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, duration, 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 products with the right of withdrawal, if the product is damaged or altered due to not being used in accordance with the instructions for use, normal operation, or technical specifications within the withdrawal period, the buyer's request for withdrawal may not be accepted, and in any case, the buyer will be responsible to Black Fashion, and Black Fashion may collect an amount it deems appropriate by deducting it from the refund to be made to the buyer in cases it accepts, according to the said damage or alteration,
11. In cases where there is a right of withdrawal, how the products can be returned to Black Fashion and all related financial issues (including return methods, costs, refund of the product price, and possible discounts and offsets for award 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 of this nature),
13. All other sales terms included in this contract according to their nature, and that this contract, after being approved by the buyer on the website, will be sent to the buyer via email and can be stored by the buyer for the desired period and accessed from there, and Black Fashion can also store it for three years.
14. In case of disputes, the buyer can submit their complaints to Black Fashion through 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 for free 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 the service number +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 delivery of the product, without stating any reason and without paying any penalty. The buyer wishing to exercise this right must fulfill their obligation to notify Black Fashion within the legal period under the conditions specified in this contract. In cases where the right of withdrawal can be exercised, the buyer is responsible for changes and damage that occur if the product is not used in accordance with its instructions, normal operation, or technical specifications within the withdrawal period. Accordingly, if there is a change or damage due to the product not being used in accordance with its instructions for use, technical specifications, and operation until the withdrawal date, the buyer may lose the right of withdrawal; in cases accepted by the Seller, an amount deemed appropriate according to the said change/damage will be deducted from the refund of the 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 (verbally/in writing to the contact addresses specified above) within the legal 14-day period.
2. Delivery of the goods by the seller to the carrier is not considered delivery to the consumer.
In determining the right of withdrawal period;
a) For goods subject to a single order but 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 where the goods are delivered regularly over a certain period, the day the consumer or a third party designated by the consumer receives the first good, shall be 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 the contracted cargo companies of Black Fashion. Returns of products delivered to Black Fashion by any cargo company other than these contracted cargo companies and the transportation fee 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 pasted on 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 they wish to return to Black Fashion with the original delivery note and a petition stating the reason for return.
4. If the buyer wishes to cancel the order, they must submit a cancellation request via email, phone number, or the customer service number +90 850 888 8823. Black Fashion then notifies the buyer by email that the cancellation has been processed. It should be noted that in cancellation transactions, if the product has not been shipped, the full amount will be refunded by the method the transaction was made, and if the product has been shipped, a refund will be made to the buyer after deducting the shipping fee.
5. Rules Regarding Security, Privacy, Personal Information, Electronic Communications, and Intellectual-Industrial Rights
1. The privacy rules-policy and terms, the current principles of which are specified below, apply to the protection, confidentiality, processing-use of information and communications, and other matters on the website.
2. For the security of the information and transactions entered by the Buyer on the website, Black Fashion has taken the necessary measures in its system infrastructure, in accordance with current technical capabilities and the nature of the information and transaction. However, since such 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 them on the buyer's side and prevent unauthorized access, rests with the buyer.
3. Black Fashion may record, store in printed/magnetic archives, update when necessary, share, transfer, use, and process in other ways, for an indefinite period or for a period they determine, any information obtained during the Buyer's membership and purchases on the website for the purposes of all kinds of information, advertising-promotion, sales, marketing, store card, credit card, and membership applications, with those specified and their successors. This data may also be transmitted to relevant authorities and courts in cases required by law.
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 above, in accordance with the legislation on the protection of personal data and e-commerce legislation, and for commercial and non-commercial electronic communications and other communications to be made to them.
5. The Buyer can 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 kinds of information and content on 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 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 effective 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, and 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 a third person/organization at the address indicated on the website, provided that the legal 15-day period is not exceeded, in accordance with the principles specified below and in Article 2 of this contract.
2. In general, and unless explicitly stated otherwise, delivery costs (shipping fees, etc.) belong to the buyer. Black Fashion may not pass on all or part of these delivery costs to the buyer, depending on the campaigns it runs at the time of sale and announces 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. It is the buyer's responsibility to contact the shipping company and track the shipment of the products if there is no one to receive them at the address. 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 late receipt of the product, as well as expenses incurred due to the product waiting at the shipping company and/or the return of the cargo to Black Fashion, shall also belong to the buyer.
4. The Buyer is responsible for checking the product at the moment of delivery and, if a problem caused by the cargo is observed in the product, for not accepting the product and having a report prepared by the shipping company official. Otherwise, Black Fashion will not accept responsibility.
5. The Buyer must have fully paid the price of the product before receiving it, unless Black Fashion has otherwise stipulated in writing. In cash sales, if the product price is not fully paid to Black Fashion 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 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 requests 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 results from a fault or negligence of the buyer, the shipping costs will be covered by the buyer. All other contractual-legal rights of Black Fashion, including pursuing collection of the product price without accepting the return, are also reserved in any case.
6. Black Fashion's legal rights (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) in cases considered sales by installment according to law are existing and reserved within the framework of the relevant legislation. In case of buyer's default, default interest at the monthly rate as stipulated by the effective laws will be applied.
7. If the product cannot be delivered within the legal maximum 15-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside the normal sales/delivery conditions, Black Fashion will inform the buyer about the delivery. In this case, the buyer may cancel the order, order a similar product, or wait until the end of the extraordinary situation.
8. In case of order cancellations, including legally permissible 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 is made in a way that matches the payment method used by the buyer to pay Black Fashion for the product. For example, in credit card payments, the refund is made to the buyer's credit card, and the product amount is refunded to the relevant bank within the same period after the order is canceled by the buyer; since the reflection of this amount in the buyer's accounts after the seller makes the refund to the bank is entirely related to the bank's processing time, the buyer accepts in advance that Black Fashion cannot intervene in any way or assume responsibility for possible delays. Black Fashion has and reserves the right to set off, discount, and deduct the refund amount arising from this contract and the law. The buyer's legal rights in cases where the contract is terminated by the buyer due to Black Fashion's non-performance are also reserved and existing. If the discount subject to the purchase has ended by the refund period, Black Fashion may accept the return by offsetting the product at its new price.
9. The Buyer can access and review the aforementioned information and this contract at any time by saving them to their device, as they are sent to the e-mail address they provided after acceptance. On the other hand, they are stored in Black Fashion's systems for two years.
10. Black Fashion records (including records in magnetic media such as computer-voice recordings) constitute evidence in the resolution of any disputes that may arise from this contract and/or its implementation; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
7. Legal Recourse Methods and Authorized Judicial Authorities of the Buyer
1. In disputes that may arise 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 per law, 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 their place of residence, or if they wish, in Black Fashion's place of residence.
2. The Buyer acknowledges and declares that they have read all the conditions and explanations written in this contract and the order-contract pre-information (on the website), which forms an integral part thereof, and that they have prior knowledge of all matters written in Article 3 of this contract, including the basic features and 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 giving confirmation-approval-acceptance-permission electronically. Both the aforementioned pre-information and this contract are also sent to the e-mail address provided by the buyer to Black Fashion, and the confirmation of the order received is also included in the said e-mail along with the order summary.
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BLACK GROUP TEXTILE TRADE LIMITED COMPANY
DISTANCE SALES AGREEMENT
CANCELLATION FORM
Buyer Wishing to Exercise the Right of Withdrawal from the Contract: I hereby declare that I am exercising my right of withdrawal from the contract for the sale of the following goods or the provision of services.
- Order date or delivery date:
- Good or service subject to the right of withdrawal:
- Price of the good or service subject to the right of withdrawal:
- Name and surname of the consumer:
- Address of the consumer:
- Signature of the consumer: (If you will transmit your right of withdrawal online, please apply with your e-signature, mobile signature, and/or a visual of your wet signature)
- Date:
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