DISTANT SALES AGREEMENT

The subject of this contract is to set out rights and liabilities of parties in accordance with provisions of law on Protection of Consumers numbered 4077 and regulation of distant sales related with sales and delivery conditions of the product which was ordered electronically by the Buyer through internet site www.partnersoftomorrow.com of the Seller, and whose qualifications and sales price are specified below.

Buyer acknowledges and declares that he/she was informed about seller's name, title, full address, telephone and other access information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the goods subject to sale and the use of the "withdrawal" right and how to use this right, official authorities etc., where they can submit their complaints and objections in a clear and understandable manner in internet environment, he/she confirmed this preliminary information electronically and then ordered the goods.

The Seller agrees and undertakes to fulfill the obligations imposed on him/her in the contract in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, except for force majeure.

Persons under the age of 18 (eighteen) cannot shop from İDEAMODA KONFEKSİYON SANAYİ VE TİCARET LTD. ŞTİ̇. The seller will consider that the age information provided by the Buyer in the contract was correct. However, the seller will not be liable in any way due to Buyer’s wrong age declaration.

After the BUYER approves this Agreement on the INTERNET SITE, the price and expenses of the Product (s) ordered are collected by the payment method chosen.

ARTICLE 1- PARTIES

SELLER:
Title: İDEAMODA KONFEKSİYON SANAYİ VE TİCARET LTD. ŞTİ̇
Address:   Merkez Mah. Silahşör Cad. Bomonti Plaza No: 38 Kat:4 Şişli/İstanbul
Telephone:+90 545 348 81 51
Fax:
E-mail: [email protected]
Bank Account: TR79 0006 7010 0000 0049 8856 79

BUYER (CONSUMER):
Name, Surname / Title:
Address:
Telephone:
E-mail:

ARTICLE 2: THE ISSUES FOR WHICH THE BUYER HAS BEEN INFORMED PREVIOUSLY

The BUYER acknowledges that the BUYER is informed by seeing and examining all the general and special explanations in the relevant pages-sections of the INTERNET SITE before the BUYER is established with the acceptance of this Agreement on the INTERNET SITE and being bind the obligation to pay and order.

• SELLER's title and contact information and up-to-date introductory information,
• Basic specifications of the products subject to sale,
•  the appropriate tools-methods for correcting the wrongly entered information, and the stages of the sales process during the purchase of the product (s) from the INTERNET SITE.
• Confidentiality rules applicable to the BUYER’s information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties, 
• Shipping restrictions envisaged by the SELLER for products,
• The payment method-means accepted by the SELLER for the Product (s) subject to the contract, and the basic features-attributes of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses), 
• Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-cargo costs,
• Other payment / collection and delivery information about the products and information regarding the execution of the Contract, the commitments, and responsibilities of the parties in these matters, 
• Products and other goods and services that the BUYER does not have the right of withdrawal, 
• In cases where the BUYER has the right of withdrawal, conditions, term and procedure of using this right, and the fact that BUYER will lose the right of withdrawal if this right is not used in time,
• For the Products with the right of withdrawal, in case the product is damaged or changed due to the use in contrary to the instructions, ordinary functioning or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case, in cases where the SELLER acknowledges, an amount that the SELLER deems appropriate according to the aforementioned defect or change may be refunded to the BUYER by deduction,
• In cases where there is a right of withdrawal (in other relevant cases) how to return the Products to the SELLER and all related financial issues (including return ways, cost and return of the product price),
• In cases where the BUYER is a legal person, it will not be able to use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature anyway),
•  Since this contract is sent to the BUYER via e-mail after all other sales conditions included this contract and this contract itself established by the BUYER through the internet site, the BUYER will be able to keep for a period as the Buyer desires and be able to access it from here, and the SELLER can retain it for three years.
• Transaction-applications about privacy, personal data, and electronic commercial communications,
• In case of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

ARTICLE 3- CONTRACT DATE AND FORCE MAJEURE

The contract date is the date on which the order was placed (payment was made) by the buyer.

Situations that do not exist or are not foreseen at the date of signing the contract, that develop outside the control of the parties, which make it impossible for one or both of the parties to fulfill their obligations and responsibilities imposed by the contract, or to fulfill them on time, shall be considered as a force majeure (natural disaster, war , terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.).

During the continuation of the force majeure, the parties will not be held liable for their failure to fulfill their liabilities. In case this force majeure situation lasts for 30 (fifteen) days, either party shall be entitled to terminate the Agreement unilaterally.

ARTICLE 4- PRODUCT SUBJECT MATTER OF THE CONTRACT, PRICE, PAYMENT AND DELIVERY

The Delivery Information including the type and kind, Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information, invoice information and the place of delivery notified by the BUYER of the products (goods / services) are as follows. İDEAMODA KONFEKSİYON SANAYİ VE TİCARET LTD. ŞTİ̇ shall not be responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for the promotional or price errors that may arise from the system, design, or illegal interventions to the website. The buyer cannot claim rights from the seller based on system errors.

The person to be invoiced and the person making the contract must be the same person. The information below must be correct and complete. The buyer accepts to fully compensate for the damages that may arise from situations where this information is not correct or incomplete, and accepts any liability that may arise from this situation.

PRODUCT:	UNIT PRICE:	QUANTITY:	TOTAL:
………………	……………………	............ ..	……………….
Order processing and shipping charges			………………
TOTAL PAYMENT			……………..
DELIVERY INFORMATION:
Name, Surname / Title:
Address:
Telephone:
E-mail:

INVOICE INFORMATION:
Name, Surname / Title:
Address:
Telephone:
E-mail:

Order / Payment Procedure

The TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is processed through the POS device of the relevant bank card after it is approved by the buyer.

At  İDEAMODA KONFEKSİYON SANAYİ VE TİCARET LTD. ŞTİ̇ , buyers who do not want to use their credit card information on the internet are offered order opportunities by cash transfer. In the payment by money transfer, the buyer can choose the most suitable bank and make the transfer. If it is paid by EFT, the date of money deposited to the bank account will be taken into account. When making money transfer and / or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.

Any disruption in the process or any problems that may arise in relation to the credit card are notified to the buyer by using one or more of the telephone / fax / e-mail channels specified in the contract. If necessary, the buyer may be asked to consult his/her bank. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the seller accounts.

In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally just cause and / or if there is a stock problem, the buyer is immediately informed and if the Buyer approves, then another product of equal quality and price may be sent to the buyer or in line with the buyer's desire and choice, another new product can be sent and it is deemed to have fulfilled its contractual commitment in this way. The buyer can wait for the product to enter the stocks or the other obstacle that prevents delivery to disappear and / or the order may be canceled. The BUYER is free in all respects to give or not the approval, and in cases where he / she does not approve, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) are applied.

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation and the total price paid and any document that puts him under debt, if any, is returned to him within ten days at the latest and the contract is canceled. In such a case, the buyer will not claim any additional material and moral damages from the seller.

After the delivery of the product, if the relevant bank or financial institution fails to pay the price of the product to the Seller due to the fact that the credit card belonging to the Buyer is used unfairly or unlawfully by unauthorized persons, not due to the Buyer's fault, the Buyer must return the product delivered to the Seller within 10 days. In such cases, shipping costs belong to the Buyer.

In case the buyer chooses to pay by credit card, the Buyer declares and undertakes that he/she will confirm the relevant interest rates and the information regarding the default interest separately from the bank, and the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the current legislation.

Cancellation of Purchase Order

To cancel your order before entering the shipping process, you can make your order cancellation request by using the return order button on the Customer page at [email protected] In case you cancel your order in this way, your order amount will be refunded to your credit card without any deduction from your order.

In the event that your orders in the shipping process are canceled, and if the cargo is delivered to you, you cannot accept the cargo and return the cargo to us. In this way, the amount of your orders that are in the cancellation process will be refunded by deducting the cargo amount to your credit card.

Delivery

The subject matter Product is delivered to the BUYER or to the third person / organization at the address indicated on the INTERNET SITE, on the condition that the legal 30-day period is not exceeded, subject to the following principles. In case the product / products were not delivered the customer within the specified period, delivery problems should be reported immediately to customer service using the e-mail address [email protected]

In case it is understood that the SELLER cannot supply the Product subject to the Contract, within three (3) days from the date of learning about this situation, he / she will supply another good / service at equal quality-price, provided that the Consumer is informed clearly and with one of the same tools and obtains his verbal / written approval, and it is deemed that the seller has fulfilled its contractual commitment in this way. The BUYER is free in all respects to give or not the approval, and in cases where he / she does not approve, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) are applied.

In case the cargo company does not have a branch in the place where the BUYER is located, the BUYER must receive the Product from another near branch of the cargo company notified by the SELLER. In regions where the Cargo Company delivers once a week, in cases of inaccuracies and deficiencies in the shipping information, and in the events of some social disorders and natural disasters may be delayed in the specified day. Due to these delays, the buyer cannot claim any responsibility on the seller.

In general, and unless otherwise clearly stated, delivery costs (shipping costs, etc.) belong to the BUYER.

In case the buyer is not present at his/her addresses at the moment of the delivery of the products sent through courier and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled his obligation in this regard. In case there is no person to receive delivery at the address, it is the BUYER's responsibility to contact the cargo company and follow the shipment of the products. In case the product is to be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the absence of the person / organization to be delivered or the non-acceptance of the delivery, the error in the shipping information and / or the extra shipping costs that may arise from the Buyer's not being in place.

In these cases, any damages caused by the BUYER's late delivery of the Product and the expenses incurred due to the fact that the Product has been waiting in the cargo company and / or the cargo is returned to the SELLER shall also be borne by the BUYER.

The BUYER is responsible for checking the Product when he/she receives it and when he sees a defect in the Product due to the cargo, and not to accept the Product and to make a report to the Cargo company official. Otherwise, the SELLER will not accept any liability. In case of damaged package; Damaged packages should not be received and a report should be issued by the Cargo Company official. In case the Cargo Company official thinks that the package is not damaged, the buyer has the right to open the package there, check that the products have been delivered undamaged, and request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty completely. In case the package has not been accepted and the report has been issued, the situation should be reported to the seller Customer Service as soon as possible, together with the retained copy of the report by the Buyer.

The BUYER must have paid the price before receiving the Product, unless otherwise stipulated in writing by the SELLER. In case the product price is not paid to the SELLER, the SELLER may unilaterally cancel the contract and not deliver the Product.

In case, for any reason, after the delivery of the product, the Bank / financial institution to which the transaction credit card belongs does not pay the price of the Product to the SELLER or demand a refund, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. All other contractual and legal rights of the SELLER, including the execution of the product price without accepting the return, are reserved separately and in any case.

In case the product cannot be delivered within the legal maximum 30 days due to extraordinary circumstances (such as heavy weather, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the disaster.

ARTICLE 5- RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without any justification and without penalty.
However, legally, there is no right of withdrawal in contracts regarding the following goods / services, even if they have not been used / utilized:

a) Goods prepared in line with the special requests of the BUYER or his personal needs (including those that are customized to person / personal needs by making changes or additions, including special Products imported / supplied from the country or abroad in accordance with the BUYER's order)

b) goods that are mixed with other products after delivery and cannot be separated by their nature

c) used, contaminated, ripped, torn fabric and all kinds of products, as well as buttons, zippers and all kinds of accessories, with protective elements such as packaging, tapes, seals, packages opened;

d) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller / supplier,

e) Services initiated within the period of withdrawal with the approval of the BUYER

f) In general, other goods and services that are accepted outside the scope of distance sales in accordance with the relevant legislation and the cases where the BUYER purchases for commercial / professional purposes

In cases the use of the right of withdrawal is possible, the BUYER is responsible for the changes and deteriorations that occur in the event that the BUYER does not use the goods in accordance with its functioning, technical specifications and instructions for use within the withdrawal period. Accordingly, if there is a change or deterioration due to the product not being used in accordance with the instructions for use, technical specifications and functioning, the BUYER loses its right of withdrawal.

In cases where there is a right of withdrawal, it is sufficient for the BUYER to forward a clear notification to the SELLER within the legal 14-day period (in writing to the contact addresses specified above). In the event that the said right is used within the period, the Product must be sent to the above address of the SELLER, at the expense of the BUYER, within a maximum of ten (10) days.

 
In this return process, the product must be delivered complete and undamaged with its box, packaging, and standard accessories, if any. Moreover, in accordance with the tax legislation, in addition to the cases where a Sales Return Invoice is required to be issued by the BUYER by law, the section related to the return will be filled and signed on the invoice to be returned with the Product. Order returns whose invoices are issued to corporations (legal entities) will not be accepted unless the Sales Return Invoice is issued.

"The address to which the product will be returned is the SELLER's address."

Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notification to the SELLER, the product price and the delivery costs of the Product to the BUYER, if any, are returned to the BUYER in accordance with the payment instrument used when purchasing the Product.  

The legal rights and responsibilities of the BUYER regarding the Products after the withdrawal period and the rights and obligations of the SELLER from the BUYER, including the contractual and legal collection-offsetting rights, are also enforceable and valid.

ARTICLE 6- PRODUCT RETURN- WARRANTY CONDITIONS

In case the product you purchased fails within the first 14 (fourteen) days from the invoice date without using the product or it out of the box with defect; The product must be sent to us with an informative note about what the defect is. After the sent product is delivered to us, it is subjected to examination, taking into account the failure note you specified with the product. The failure of the product must be confirmed by the relevant department. The product detected to be defective by the authorized unit; It is checked whether the stock is available or not, if it is in stock, it is exchanged with the same one and sent back to the product owner. In cases where the stock is not available, the product owner is contacted, and the product is either returned or exchanged with an equivalent or similar product after the approval of the customer and sent to the product owner. In the event of this type of failure, the invoice of the defective product must be sent to us complete with all additional and extra equipment and in its original packaging.

Returns such as broken, damaged, incorrect, or missing items will be accepted in case a report is issued while the courier is at your door. The signature indicating that you have received the package from the courier company is a signature stating that you have received the product undamaged and correct. The cargo company will be deemed to have completed its duty from the moment you sign that you have received it. Therefore, open and check the package when the courier is at the door.

6.3. The general return period for each product purchased inadvertently is 14 days. In case there is no failure, mistake, or defect in the product we have sent, and if you send it back to us as we sent you within one week without opening the package, your product return can be accepted.

Product returns are not accepted for more than 14 days after the order.

During this period, the return of used, destroyed etc. products will not be accepted. Returns must be made in original packaging.

In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging, and if the product cannot be returned in the state it was delivered to the buyer, the product return will not be accepted, and the price will not be refunded.

6.4. Product return requests must be submitted in writing to the above-mentioned contact addresses. Product returns are not accepted without the originals of Sales Return invoices of products sold to corporations and invoices issued to individuals.

The invoice containing the information about the return of the product must be delivered to the seller via the courier company that delivered to the address of the buyer. In case the returned product that delivered to the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the credit card / account of the buyer. No refund will be made until the product is returned. The deposit period of credit card refunds on credit card accounts is at the disposal of the relevant bank.

ARTICLE 7- REFUND OF PRICE

Prices of the returned product will be refunded to you after we receive the product. In order cancellations including withdrawals made in accordance with law and contract, and in contract terminations, in case the product price has been collected, it will be returned to the BUYER within 14 days at the most.

The refund is made in accordance with the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund process is made by return to the credit card of the BUYER and the amount of the Product is returned to the relevant bank within the same time after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank is made by the SELLER is entirely related to the bank transaction process, the BUYER acknowledges in advance that it will not be possible for the SELLER to intervene and assume responsibility in any way for possible delays. ).

In the event of the return of goods and services purchased by card, the seller cannot pay the buyer in cash in accordance with the contract made with the Bank. In case of a refund transaction, the merchant, namely the seller, will make a refund through the relevant software, and the merchant, namely the seller, is obliged to pay the relevant amount to the Bank in cash or on account, so the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the bank the amount in one go.

The return shipping fee of the products that are delivered without any problems is on the account of the buyer, in other cases, it belongs to us.

ARTICLE 8- BUYERS’S CLAIM-COMPLAINT AND LEGAL APPLICATION WAYS - COMPETENT JURISDICTIONS

8.1. The BUYER may notify the SELLER in writing about his/her claims and complaints regarding the product and sale, by accessing the SELLER’s communication channels provided in the introduction part of the Contract.

8.2. Some of the issues written in Article 3 above may not be included in this Agreement by nature; However, they are included in the Preliminary Information seen / approved by the BUYER on the INTERNET SITE, as well as on the sales stages or general - information pages / sections of the INTERNET SITE.

Since the aforementioned Information and this contract is sent to the BUYER to the e-mail (mail) address that he/she declared after acceptance, he/she can always access and review the said mail by saving and storing the said mail on his/her device. On the other hand, it is kept in the systems of the SELLER for a period of three years. 

8.3. The SELLER records (including magnetic media records such as computer-sound recordings) constitute evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.

8.4. In case of disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced every year by the Ministry of Customs and Trade, and in cases exceeding these limits, the Consumer Courts will be in charge/authorized. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in the SELLER's place of residence (residence). 

ARTICLE 9 - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL RIGHTS

Except for the situations and reasons stated in our clarification letter regarding the processing of personal data; [email protected] does not allow your personal information to be shared with third parties and institutions, your personal data that you provided to [email protected] is not rented, sold, or shared with any person or institution in any way. Your credit card information requested on the payment page cannot be stored on [email protected] or the servers of the companies that serve it, in order to keep the security of our valued customers at the highest level. In this way, it is ensured that all transactions for payment are realized between the bank and your computer via the [email protected] interface.

Secure Sockets Layer (SSL) technology

[email protected] uses Secure Sockets Layer (SSL) technology to ensure the security of your data. SSL technology secures your personal information by encrypting it when you shop online.

Standard firewalls

Protected by standard firewalls, [email protected] servers are designed to keep your data safe and protect it from other internet users. SSL Certificate and standard firewalls work together to protect your personal data and ensure your security.

The necessary precautions for the security of the data and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the data in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.

 Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision, and partial / complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.

The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes will be valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.

The privacy-security policies and terms of use apply to other sites that can be accessed through the INTERNET SITE, and the SELLER is not responsible for any disputes and negative consequences that may arise.

ARTICLE 10- MISCELLANEOUS PROVISIONS

The BUYER acknowledges, declares and undertakes that he/she has read all the conditions and explanations written in this Contract and in the order-contract preliminary information (INTERNET SITE) that constitute its integral part, he/she previously has knowledge on all matters stipulated under article 3 of this contract including the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information about the Product subject to sale and the right of withdrawal, personal information, electronic communication and award points, and he/she has accepted the provisions of this Agreement with the order of the Product by giving confirmation-approval-acceptance-permission to all of these in electronic environment.

Both the aforementioned preliminary notifications and this Contract are sent to the above e-mail (mail) address notified by the BUYER to the SELLER, and the confirmation of the receipt of the order is also included with the order summary in the said e-mail.

Products to be bought

• You will be directed to the 3D Secure screens.

By clicking the Confirm Order button, you will agree to confirm the payment amounting to …… .. TL/USD/EURO