DISTANCE SALES CONTRACT ARTICLE 1 - PARTIES

SELLER INFO

Title: Gimme The Sun Tekstil İthalat ve İhracat A.Ş

. Address: Acıbadem Mah. Nakkaş Sok. No:9-1/10 Kadıköy Istanbul  

Telephone: +447441447909  

E-mail: sales@gimmethesun.com  

 ARTICLE 2 - SUBJECT OF THE CONTRACT                    

The subject of this Distance Sales Contract (hereinafter referred to as the "Contract") 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 Distance Contracts Regulation in relation to the sale and delivery of the products that the BUYER ordered electronically through the www.gimmethesun.com website of the SELLER, which have the qualifications mentioned in the contract, whose content and sales price are specified in Articles 1.3 and 1.4 of the contract.

The BUYER accepts and declares that he / she has information about the basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the product subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this Agreement. The preliminary information and invoice on www.gimmethesun.com are integral parts of this Agreement. The BUYER is deemed to have accepted all the terms of this Agreement as soon as the order is placed.

The type and type of product, quantity, brand/model, color and the sales price including all taxes are as stated in the information on the product introduction page on the website www.gimmethesun.com and in the invoice which is considered an integral part of this Agreement. The SELLER is not responsible for price update errors caused by technical reasons. The preliminary information and the provisions of this Agreement are sent to the e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order and the order summary are also included in the said e-mail.

 ARTICLE 3 - PAYMENT OF PRODUCT PRICE

3.1. In order for the BUYER to pay by credit card, the credit card information must be filled in the relevant section completely and completely.

3.2. A single payment can be made by credit card, or a deferred payment can be made by dividing it into a number of instalments that may be determined within the scope of the campaigns. In instalment transactions, the relevant provisions of the contract signed between the BUYER and the Bank shall apply. The Bank may apply a higher number of instalments than the number of instalments chosen by the BUYER by organizing campaigns and may offer services such as instalment deferral. Such campaigns are at the initiative of the Bank.

3.3. Due to the fact that forward sales are made only with credit cards belonging to the Bank, the BUYER agrees, declares and undertakes that the relevant interest rates and information about the default interest will be confirmed separately from the Bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

3.4. In case the payments are made in instalments, the reflection of the refund to the credit card in instalments each month is entirely related to the Bank's processes and practices.

 

 

ARTICLE 4 - PRODUCT DELIVERY and DELIVERY METHOD

4.1. The product shall be delivered to the relevant person at the delivery address requested by the BUYER by the authorized officer of the cargo company contracted by the SELLER. The BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at the time of delivery at this address shall be deemed to be a delivery made to the BUYER. Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. For this reason, all kinds of damages caused by the BUYER's late receipt of the product and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.

4.2. For the delivery of the product subject to the contract, this Agreement must be approved by the BUYER and the product price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or is cancelled in the Bank's records, the SELLER is deemed to be released from the obligation to deliver the product.

4.3. Delivery shall be carried out within the period committed by the SELLER from the date the order reaches the SELLER, without exceeding the 30 (thirty) day legal period. If the SELLER cannot deliver the product subject to the Contract within the period due to stock outs and similar commercial impossibilities, unexpected circumstances, force majeure, or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER.

4.4. If the SELLER has declared on the website that the delivery fee of those who shop above the announced figure will be covered by the SELLER, the delivery cost belongs to the SELLER. Otherwise, delivery costs belong to the BUYER.

 ARTICLE 5 - BUYER'S DECLARATIONS and COMMITMENTS

The BUYER shall inspect the product subject to the contract before receiving the product, dents, broken, torn packaging, etc., which are understood to be caused by transport. is responsible for not accepting the damaged and defective product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility and the product received will be accepted as undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER.

 ARTICLE 6 - SELLER'S DECLARATIONS and COMMITMENTS

The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person / organization to accept delivery.

In cases where the delivery of the product becomes impossible, the SELLER notifies the BUYER within 3 (three) days from the date of learning of this situation in accordance with the law. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the Contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, shall be returned within 14 (fourteen) days.

 ARTICLE 7 - EXERCISING THE RIGHT OF WITHDRAWAL

The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the Contract to him or the person / organization at the address indicated by him, without any justification and without penal clause. To exercise the right of withdrawal, a clear notification must be made to the SELLER by fax, e-mail or telephone within the same period and the product must not be one of the products that cannot be used for the right of withdrawal specified in Article 8. The BUYER is obliged to send the product back to the SELLER or the person authorized by the SELLER within a maximum of 10 (ten) days from the date of the notification of exercising the right of withdrawal. The delivery cost of the product returned due to the right of withdrawal is covered by the SELLER. If this right is exercised, in accordance with the tax legislation, the original invoice for the delivered product must also be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER.

Within 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal, the entire payment collected, including the product price and delivery costs, if any, shall be returned by the SELLER to the BUYER in accordance with the payment instrument used in the payment of the product price. Since the reflection of the amount to the BUYER's accounts after the return of the amount to the Bank by the SELLER is completely related to the Bank transaction process, the BUYER accepts and declares that the SELLER has no intervention and responsibility for possible delays. For the amount to be returned by the SELLER, the rights of clearing, offsetting and discount arising from the Agreement and the law are reserved.

In cases where it is possible to use the right of withdrawal, the BUYER is legally responsible for the changes and deterioration that occur if the BUYER does not use the goods in accordance with their functioning, technical specifications, and instructions for use within the withdrawal period. Accordingly, the BUYER may lose the right of withdrawal if there is a change or deterioration due to the failure to use the product in accordance with the instructions for use, technical specifications, and operation of the product until the date of withdrawal.

ARTICLE 8 - PRODUCTS and SERVICES WITHOUT RIGHT OF WITHDRAWAL

1. Contracts for goods or services whose price changes depending on fluctuations in financial markets, and which are not under the control of the SELLER.
2. Contracts for goods prepared in line with the BUYER's requests or personal needs.
3. Contracts for the delivery of perishable or expired goods.

ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; including, but not limited to, underwear, swimwear with the original protective tape removed, bikini sets and similar products, and contracts for the delivery of those whose return is not suitable for health and hygiene.

1. Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.
2. Contracts for books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
3. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
4. Contracts for accommodation, carriage of goods, car hire, provision of food and beverages and leisure time for the purpose of entertainment or recreation, which must be concluded on a specific date or period.

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

1. Contracts regarding the services started to be performed with the approval of the BUYER before the expiry of the right of withdrawal period.

ARTICLE 9 - PROTECTION OF PERSONAL INFORMATION and PRIVACY POLICY

The SELLER may use the information transmitted to it by the BUYERS through the www.gimmethesun.com website in accordance with the provisions of the "Privacy Policy" and "Website Terms of Use". It may process this information and store it on a database. At the same time, the SELLER may also use the BUYER's identity, address, e-mail address, telephone number, IP address, which parts of the www.gimmethesun.com site, domain type, browser type, date and time of visit, etc. for statistical evaluation, announcement of campaigns and personalized services. Personal information belonging to the BUYERS will not be disclosed to real and legal third parties, except for the request of the authorities authorized by law and the cases listed below.

The BUYER allows the personal information transmitted by him/her to be recorded, kept in written/magnetic archives, stored, processed, updated, shared, transferred and used by the SELLER, its current and future affiliates, subsidiaries, affiliated companies, partners, successors and/or third parties-organizations to be determined by them for all kinds of publicity, advertisement, promotion, communication, sales, marketing, store card, credit card and membership applications indefinitely or for a period of time they will stipulate, to be kept in written/magnetic archives, to be stored, processed, updated, shared, transferred and used, and to contact them via SMS, internet, letter, telephone, etc. unless otherwise stated. It allows them to get in touch through channels. If the BUYER wishes to change his/her data sharing preferences, he/she may submit this request to the communication channels specified by the SELLER. Information entered to www.gimmethesun.com for membership, product / service purchase and information update purposes, as well as confidential information of credit and debit cards are not displayed by other internet users.

 ARTICLE 10 - REQUEST and COMPLAINT / LEGAL APPLICATION

The BUYER may notify the SELLER of his/her requests and complaints regarding the product and sales verbally or in writing by contacting the SELLER through the following communication channels of the SELLER.

Customer Service Telephone and E-mail Information

E-mail : sales@gimmethesun.com.tr

Telephone :  +447441447909

In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized within the monetary limits announced annually by the Ministry of Customs and Trade as required by law.