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Distance Sales Agreement

ARTICLE 1- PARTIES

1.1. SELLER:

Title: Barbarian Giyim ve Tekstil Ticaret Limited Şirketi

Address: Gürsel Mah. Sevilen Sk. No: 61 İç Kapı No: 7 Kağıthane/ İstanbul

Phone: {05459232747

Tax Office: Kocasinan

Tax Number: 1421644950

1.2. BUYER ("CONSUMER"):

Name/surname/Title: {{Alici}}

Address: {{Alici_Adres}}

Phone: {{Alici_Telefon}}

Email: {{Alici_Email}}

Date: {{Tarih}}

By accepting this contract, the BUYER acknowledges in advance that if the order subject to the contract is approved, he/she will be obliged to pay the price of the order and, if any, additional fees such as shipping costs, taxes, and that he/she has been informed about this.

ARTICLE 2- SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, and which the CONSUMER has ordered electronically from the barbarianwoman.com website.

The prices listed and announced on the site are sales prices. Announced prices and promises are valid until an update is made and they are changed. Prices announced for a limited time are valid until the end of the specified period.

ARTICLE 3- INFORMATION REGARDING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT

3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract

Shipping Fee: Will be selected at the payment step.
Options :Yurtiçi Kargo

Description | Quantity | Amount Including VAT

Product Quantity Amount Including VAT

Total Including VAT {{Toplam}}

3.2- Payment Method: Will be selected at the payment step.
Options : Credit Card

3.3- On the other hand, since installment sales are made only with credit cards belonging to banks, the CONSUMER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and information about default interest from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the CONSUMER in accordance with the provisions of the legislation in force.

3.4 - Return Procedure:

In cases where the CONSUMER exercises his right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the CONSUMER by arbitration committee decisions, the refund procedure for payment options is specified below:

a) Refund Procedure for Credit Card Payment Options

If the purchase was made with a credit card and in installments, the Bank refunds the CONSUMER in installments as many as the CONSUMER purchased the product in. After the SELLER pays the full product price to the bank in one go, in case of a refund of installment purchases made from bank POS to the CONSUMER's credit card, the requested refund amounts are transferred by the Bank to the cardholder's accounts in installments to prevent the parties involved from being aggrieved. If the installment amounts paid by the CONSUMER until the cancellation of the sale do not coincide with the statement closing dates of the card, 1 (one) refund will be reflected on the card every month, and the CONSUMER will receive the installments he/she paid before the refund for as many months as the number of installments of the sale after the installments are completed, and these amounts will be deducted from his/her current debts.

 

In case of return of goods and services purchased with a card, the SELLER cannot pay cash to the CONSUMER due to the contract made with the Bank. The SELLER will make the refund through the relevant software when a return transaction is in question, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by set-off, cash payment cannot be made to the CONSUMER according to the procedure explained above. The credit card refund will be made by the Bank according to the above procedure after the SELLER pays the amount to the Bank in one go.

 

The CONSUMER accepts and undertakes that he/she has read and accepted this procedure.

 

b) Refund Procedure for Wire Transfer/EFT Payment Options

 

The refund will be made by wire transfer and EFT to the account specified by the CONSUMER (provided that the account belongs to the person at the invoice address or the user member) by requesting bank account information from the CONSUMER.

 

The SELLER refunds the full product price to the bank in one go.

 

In case of return of goods and services purchased via wire transfer/EFT, the SELLER cannot pay cash to the CONSUMER due to the contract made with the Bank. The SELLER will make the refund through the relevant software when a return transaction is in question, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by set-off, cash payment cannot be made to the CONSUMER according to the procedure explained above.

The CONSUMER accepts and undertakes that he/she has read and accepted this procedure.

3.5- Delivery Method and Address:

Delivery Address:

Name/surname/Title: {{Alici}}

Address: {{Alici_Adres}}

Person to be Delivered to:

Name/surname/Title: {{Alici_Teslim}}

Address: {{Alici_Teslim_Adres}}

Packaging, shipping and delivery costs are borne by the CONSUMER. The shipping fee is 0.00 TL, and the shipping price is added to the total order amount. It is not included in the product price. If the Seller has stated on the website that he will cover the delivery fee for purchases exceeding the announced amount or for some campaigns, the delivery cost is covered by the Seller. Delivery will be made in person at the CONSUMER's address mentioned above, via the contracted shipping company. Even if the CONSUMER is not at his address at the time of delivery, our Company will be deemed to have fulfilled its performance completely and without defect. Therefore, the SELLER is not responsible for any damages and expenses arising from the CONSUMER's late receipt of the product and/or not receiving it at all. The SELLER is responsible for delivering the product subject to the contract in a sound, complete, in accordance with the specifications specified in the order, and with warranty certificates and user manuals, if any.

ARTICLE 4- RIGHT OF WITHDRAWAL

The CONSUMER has the right to withdraw from this Distance Sales Contract signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The right of withdrawal period begins on the day the contract is concluded for contracts related to the performance of services; and on the day the CONSUMER or a third party designated by the CONSUMER receives the goods for contracts related to the delivery of goods. However, the CONSUMER can also exercise the right of withdrawal within the period between the conclusion of the contract and the delivery of the goods. In determining the right of withdrawal period;

a) In the case of goods 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) In the case of 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 goods are delivered regularly for a certain period, the day the CONSUMER or a third party designated by the CONSUMER receives the first good is taken as a basis. You can initiate your return requests by sending an email to info@barbarianwoman.com, which is in the contact section on barbarianwoman.com, before the right of withdrawal period expires.

The consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price fluctuates depending on financial markets and is beyond the control of the SELLER or provider.

 

b) Contracts for goods prepared in line with the consumer's wishes or personal needs.

 

c) Contracts for the delivery of goods that are perishable or whose expiration date may pass.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons (makeup products, disposable products, cosmetics and personal care products). For these products to be returned, their packaging must not be opened, tried, damaged or used.

d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts for books, digital content and computer consumables presented in a material environment if their protective elements such as packaging, tape, seal, package have been opened after delivery.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.

g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities that must be performed on a specific date or period.

ğ) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the CONSUMER.

h) Contracts for services whose performance has started with the CONSUMER's consent before the right of withdrawal period expires.

I) To exercise the right of withdrawal, it is mandatory to notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. If this right is exercised,

I1) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued on behalf of institutions will not be completed if a RETURN INVOICE is not issued.)

I2) The products to be returned must be delivered complete and undamaged with their box, packaging, standard accessories if any, and products given with them.

I3) The SELLER is obliged to return the total price and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.

I4) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for his damages in proportion to his fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.

I5) If the campaign limit amount arranged by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign will be canceled.

ARTICLE 5- GENERAL PROVISIONS

5.1- The CONSUMER declares that he/she has read the preliminary information regarding the product subject to the contract on the barbarianwoman.com website and has obtained information and given the necessary confirmation electronically.

5.2- The product will be delivered within a maximum of 30 days from the contract date. All responsibility belongs to the SELLER until the product is delivered.

5.3- If the product subject to the contract is to be delivered to a person/organization other than the CONSUMER, the SELLER cannot be held responsible for the failure of the person/organization to accept the delivery.

5.4- The SELLER is responsible for delivering the product subject to the contract in a sound, complete, in accordance with the specifications specified in the order, and with warranty certificates and user manuals, if any. Products included in the campaign can get points with company information.

5.5- Campaign products such as buy 3 get 2 free, etc., if any, will receive points.

 

5.6- For the delivery of the product subject to the contract, it is a condition that the price of this contract has been paid with the payment method preferred by the CONSUMER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.

 

5.7- If the bank or financial institution concerned does not pay the product price to the SELLER due to the unauthorized or unlawful use of the CONSUMER's credit card by unauthorized persons, not due to the CONSUMER's fault, after the delivery of the product, the product must be sent to the SELLER, provided that it has been delivered to the CONSUMER.

 

5.8- In case of defective products (faulty, damaged, etc.) or products that break down or are damaged within the scope and conditions of the warranty, whether or not sold with a warranty certificate, the necessary repair is carried out by the authorized service.

 

5.9- In accordance with the general communique of the tax procedure law no. 385, in order for return transactions to be made, the relevant sections of the invoice with a return section that we sent to you must be filled in completely and signed, and then sent back to us with the product.

5.10- The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning about this situation, and will refund the total amount to the BUYER within 14 days.

5.11. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via mail, e-mail, SMS, phone calls and other means through the address, e-mail address, fixed and mobile phone lines and other contact information provided by the BUYER in the registration form on the site or updated by him/her later, and to share this information with the CARGO COMPANY that will undertake the transportation of the order and the INTERMEDIARY COMPANY that will send e-invoices / e-archive invoices. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above towards him/her.

5.12. The BUYER will inspect the goods/services subject to the contract before receiving them; he/she will not receive damaged or defective goods/services such as crushed, broken, torn packaging from the cargo company. The goods/services received will be deemed to be undamaged and sound. The obligation to protect the goods/services with care after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned with all its copies.

5.12. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen for the period until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

 

5.13. The BUYER declares and undertakes that the personal and other information he/she provides when becoming a member of the SELLER's website is accurate, and that he/she will immediately, in cash and in full, compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.

 

5.14. The BUYER accepts and undertakes in advance to comply with the provisions of legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will belong entirely and exclusively to the BUYER.

5.15. The BUYER may not use the SELLER's website in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

5.16. The SELLER's website may contain links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not imply support for any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.

ARTICLE 6- DEFAULT AND LEGAL CONSEQUENCES

 

In the event that the BUYER defaults when making payments with a credit card, he/she accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the expenses and attorney's fees incurred from the BUYER, and in any case, if the BUYER defaults on his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.

 

ARTICLE 7- DISPUTES AND AUTHORIZED COURT

In disputes arising from this contract, Provincial or District Consumer Arbitration Committees at the place where the CONSUMER transaction was made or where the CONSUMER resides will be authorized for disputes up to the value announced by the Ministry of Trade each year, and Consumer Courts at the place where the CONSUMER transaction was made or where the CONSUMER resides will be authorized for disputes above the said value.

In case of an order, the CONSUMER is deemed to have accepted all the terms of this contract.

SELLER :

Title: Barbarian Giyim ve Tekstil Ticaret Limited Şirketi

Address: Gürsel Mah. Sevilen Sk. No: 61 İç Kapı No: 7 Kağıthane/ İstanbul

Phone: {05459232747

Tax Office: Kocasinan

Tax Number: 1421644950

PURCHASER ("CONSUMER"):

Name/Surname/Title: {{Alici}}

Address: {{Alici_Adres}}

Phone: {{Alici_Telefon}}

Email: {{Alici_Email}}

Date: {{Tarih}}