DISTANCE SALES AGREEMENT

 

PLEASE, in accordance with the applicable legislation, print and read the following agreement in 12-point bold font. Furthermore, every buyer making a purchase through our website shall be deemed to have read and accepted all provisions of the following sales agreement issued by us without the need for any further notice.

ARTICLE 1: PARTIES TO THE AGREEMENT

SELLER: TPM Moda ve Tekstil Anonim Şirketi

ADDRESS: ORUÇREİS MAH. TEKSTİLKENT CAD. TEKSTİLKENT G1 BLOK Door No:10 AB Apartment No:2060

EMAIL: [email protected]

BUYER: Customer (The Buyer is the person making a purchase through the Seller’s website at twelveworldwide.com. The address and contact information provided by the Buyer for billing and communication purposes shall be taken as the basis.)

By accepting this Agreement, the BUYER acknowledges in advance that, upon approving the order subject to this Agreement, the BUYER will be obliged to pay the price of the order together with any additional charges specified, such as shipping fees and taxes, and confirms that the BUYER has been informed accordingly.

ARTICLE 2: SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the parties pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services electronically ordered by the Buyer through the website of the Seller, TPM Moda ve Tekstil Anonim Şirketi, which have the characteristics specified in this Agreement and whose sales price is also stated herein.

The Buyer acknowledges and declares under the provisions of this Agreement that the Buyer has been informed about the essential characteristics, sales price, payment method, delivery conditions and all other preliminary information concerning the goods/services subject to sale, as well as the right of withdrawal, that the Buyer has confirmed such preliminary information electronically, and subsequently placed the order. Likewise, the right of withdrawal may not be exercised for products whose protective elements such as packaging, seals, or wrapping have been opened after delivery where return is unsuitable for health and hygiene reasons. Opening the product packaging falls within the exceptions to the right of withdrawal.

The prices listed and announced on the website are sales prices. Announced prices remain valid until updated or changed. Where a product price is announced for a limited period, such price shall remain valid until the end of the specified period.

The Buyer accepts and undertakes that any data entered into the system while registering on the website or during a purchase belongs to the Buyer or that the Buyer has permission to use and share such data; that the Buyer will not enter any data belonging to another person or any data for which the Buyer has no right of use; and that otherwise all responsibility shall belong exclusively to the Buyer. The preliminary information and invoice displayed on the payment page of TPM Moda ve Tekstil Anonim Şirketi constitute integral parts of this Agreement. Once the order is placed, the Buyer shall be deemed to have accepted all terms of this Agreement. The prices listed and announced on the website are sales prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.

ARTICLE 3: DATE OF AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE AND METHOD OF DELIVERY

This Agreement is executed on the date on which the Buyer places the order. The goods/services shall be delivered to the Customer at the delivery address specified by the Buyer. Packages believed to have been damaged during shipment must be opened and inspected in the presence of an authorized representative of the delivery company. If any damage to the product is identified, the Buyer must request that a damage report be prepared by the cargo company and must not accept delivery of the product. If no such report is prepared, once the BUYER accepts delivery of the product, the BUYER shall be deemed to have accepted that the cargo company has fully performed its obligations.

ARTICLE 4: GENERAL PROVISIONS

4.1. The BUYER acknowledges that the BUYER has read and obtained information regarding the essential characteristics, sales price, payment method and preliminary delivery information of the products displayed on the WEBSITE and has provided the necessary electronic confirmation for the sale.

4.2. The PRODUCT shall be delivered, together with its invoice, properly packaged and undamaged, to the delivery address specified by the BUYER on the WEBSITE within a maximum period of 30 days.

4.3. If the PRODUCT is to be delivered to a person or organization other than the BUYER, the SELLER shall not be held responsible if such person or organization refuses to accept delivery.

4.4. The BUYER is responsible for inspecting the PRODUCT immediately upon delivery and, if the BUYER identifies any issue caused by transportation, for refusing to accept the PRODUCT and requesting a written damage report from the CARGO company representative. Otherwise, the SELLER shall not accept liability.

4.5. The Agreement approved by the BUYER during a purchase made through the WEBSITE shall in all circumstances be sufficient and valid.

4.6. Unless otherwise agreed in writing by the SELLER, the BUYER must fully pay the price of the PRODUCT before taking delivery. If the price of the PRODUCT has not been paid to the SELLER before delivery, the SELLER may unilaterally cancel the Agreement and refrain from delivering the PRODUCT.

4.7. If, for any reason after delivery of the PRODUCT, the bank or financing institution issuing the credit card used for the transaction fails to pay the price of the PRODUCT to the SELLER, the PRODUCT shall be returned by the BUYER to the SELLER within no later than 3 days, with all return expenses borne by the BUYER. All other contractual and statutory rights of the SELLER, including the right to pursue payment of the PRODUCT price, are reserved in all circumstances. For the avoidance of doubt, deferred or installment payment facilities offered by organizations issuing credit cards, installment cards, or similar instruments, including banks and financing institutions, constitute a credit and/or installment payment facility provided directly by such institution. Accordingly, PRODUCT sales for which the SELLER has received the price in full shall not be deemed installment sales between the parties to this Agreement but shall be deemed cash sales. The SELLER’s statutory rights in cases legally considered installment sales, including the right to terminate the Agreement and/or demand payment of the entire remaining debt together with default interest if any installment is not paid, are reserved. In the event of default by the BUYER, monthly default interest at the rate of 5% shall apply.

4.8. If the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances outside normal sales conditions, such as adverse weather, earthquake, flood, or fire, and the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In such circumstances, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances have ended. If the PRODUCT price has already been collected in the event of order cancellation, it shall be refunded to the BUYER within 10 days following cancellation. For credit card payments, the refund shall be made to the BUYER’s credit card or bank account.

4.9. The BUYER may submit requests and complaints concerning the PRODUCT and the sale to the SELLER through the SELLER’s communication channels specified at the beginning of this Agreement.

4.10. Delivery of the product subject to this Agreement is conditional upon payment of the product price using the payment method selected by the BUYER. If the product price is not paid for any reason or the payment is canceled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.

4.11. The SELLER has the right to contact the BUYER for communication, notification, and other purposes by letter, email, SMS, telephone calls, and other means using the address, email address, fixed and mobile telephone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above. The BUYER’s rights under the Privacy Notice and Privacy Policy available on the Website remain reserved.

4.12. The BUYER accepts and undertakes in advance to comply with applicable laws and regulations when using the SELLER’s website and not to violate such provisions. Otherwise, all civil and criminal liabilities arising therefrom shall be borne entirely and exclusively by the BUYER.

ARTICLE 5: RIGHT OF WITHDRAWAL

You may return an order delivered to you within 14 days, subject to customer service approval, provided that the SELLER’s product box has not been opened in any way. Once your order reaches our returns warehouse, it will be inspected, and after confirmation that it has not been opened, the refund will be processed to your bank.

Before accepting delivery of any package that you believe may have been damaged during shipment, please open and inspect the package in the presence of an authorized representative of the cargo company. If there is any damage to the product, request that the cargo company prepare a damage report and do not accept delivery of the product. Please note that if no damage report is prepared, once you have accepted delivery, you shall be deemed to have acknowledged that the cargo company fully performed its obligations.

If any deterioration, breakage, damage, tearing, use, or similar condition is identified in the product, or if the product is not returned in the same condition as when it was delivered to the customer, the product will not be accepted for return and its price will not be refunded.

If you return the product, the return procedure will be concluded within seven (7) business days from the date on which the product reaches the Company.

Following approval of the return, refunds to credit cards will be processed within 5 business days. Your bank may not reflect the credit card refund in your account within the same statement period. In such cases, you should contact your bank’s credit card service.

ARTICLE 6: PROTECTION OF PERSONAL DATA AND PRIVACY

The information specified by the BUYER in this Agreement and the information provided to the SELLER for payment purposes shall not be shared by the SELLER with any third party other than the cargo company with which the SELLER has an agreement. If the SELLER is required to disclose such information due to administrative or legal obligations, the BUYER may not hold the SELLER liable. The SELLER declares that, for the purposes of entering into and performing this Agreement, it shall duly process the personal data of the BUYER, who is a party to this Agreement, within the scope of its primary and secondary obligations arising under Law No. 6698; shall ensure data security in order to prevent unlawful processing, access, and disclosure of the BUYER’s personal data and to ensure its proper storage; and that sufficient technical and administrative measures have been implemented for this purpose. The SELLER shall also comply with the retention periods prescribed by other laws and shall delete, destroy, or anonymize personal data where the purpose of processing no longer exists. By approving this Agreement, the BUYER acknowledges, declares, and undertakes that the BUYER has been informed, within the scope of the Privacy Notice, regarding the processing of personal data by the SELLER in accordance with Law No. 6698.

ARTICLE 7: EVIDENCE AGREEMENT, COMPETENT COURT AND EFFECTIVE DATE

In the resolution of any dispute arising from and/or relating to the implementation of this Agreement, the SELLER’s records, including records stored in magnetic media such as computer and audio records, shall constitute conclusive evidence. Consumer Arbitration Committees shall have jurisdiction for disputes up to the monetary threshold announced by the Ministry of Science, Industry and Technology, and for disputes exceeding such threshold, the ISTANBUL ANATOLIAN Consumer Courts and Enforcement Offices shall have jurisdiction.

The BUYER declares, accepts, and undertakes that the BUYER has read all terms and explanations contained in this Agreement and in the order form constituting an integral part hereof, has received and reviewed the sales terms and all other preliminary information, and accepts all of them in full.

When the BUYER makes payment for an order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to implement the necessary technical arrangements on the Website to obtain confirmation that this Agreement has been read and accepted by the BUYER before completion of the order.