DISTANCE SALES AGREEMENT
1. INFORMATION ABOUT THE SELLER
Title: 9POLY FASHION TEXTILE AUGMENTED REALITY SOFTWARE TECHNOLOGIES AND E-COMMERCE LIMITED COMPANY
(hereinafter referred to as the “SELLER")
Address: Fatih Sultan Mehmet Mah. Balkan Cad. Meydan Istanbul Avm Blok No: 62a Ümraniye / Istanbul
Telephone:
Fax:
Email:
2. INFORMATION ABOUT THE BUYER
Full Name: ……………. (hereinafter referred to as the “BUYER")
Username: …………….
Delivery Address: …………….
Telephone: …………….
Email Address: …………….
3. INVOICE INFORMATION
Trade Name /
Name and Surname: …………….
Tax Identification Number: …………….
Tax Office: …………….
Address: …………….
Telephone: …………….
Fax: …………….
Email / Username: …………….
Invoice Delivery: The invoice will be delivered to the delivery address along with the order during order delivery or via electronic mail with the e-invoice method.
4. SUBJECT OF THE AGREEMENT
This agreement determines the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts Practices and Procedures, regarding the sale of products and services made by the BUYER through the website operated by the SELLER (hereinafter referred to as the “Platform"), which contains detailed information.
The BUYER acknowledges that they are informed about the essential characteristics of the products or services subject to sale, the sales price, the payment method, the delivery conditions, and all preliminary information regarding the products or services for sale, and about the right of withdrawal, confirms these preliminary information electronically and then orders the products or services according to the terms of this agreement.
The preliminary information and invoice on the payment page on https://9poly.fashion/distance-selling-contract/ are integral parts of this agreement.
5. SUBJECT OF THE AGREEMENT PRODUCTS AND SERVICES
The basic features of the product subject to the order (type, quantity, brand/model, color, quantity, price) are available on the Platform and can be examined in detail through the Platform.
The total amount to be paid for the product subject to the order (including the sales price including all taxes, shipping costs, installment difference amount, total discount amount earned, etc.) is shown in the table below.
Product Description:
Quantity:
Cash Price:
Installment Difference:
Discount Amount:
Subtotal (Including VAT):
Shipping Cost:
Total:
Payment Plan and Method:
Delivery Address:
Recipient:
Billing Address:
Order Date:
Delivery Method:
6. DELIVERY OF PRODUCTS
The PRODUCT is delivered to the delivery address specified by the BUYER on the Platform or to the person/entity at the specified address, along with its invoice, securely packaged and in good condition, within a maximum of 15 days, which may be extended in compulsory cases.
If the PRODUCT is to be delivered to another person/entity other than the BUYER, the SELLER shall not be held responsible for the refusal of the person/entity to accept the delivery.
The BUYER is responsible for checking the PRODUCT upon receipt and, in case of any problem with the PRODUCT due to shipping, the BUYER is responsible for not accepting the PRODUCT and making a report to the shipping company representative. Otherwise, the SELLER will not accept any responsibility.
7. PAYMENT METHOD
Due to the fact that installment sales can only be made with credit cards belonging to Banks, the BUYER agrees, declares, and undertakes that it will separately confirm the interest rates and default interest rates with its bank, and the provisions regarding interest and default interest in accordance with the current legislation will be applied within the scope of the credit card agreement between the Bank and the BUYER. The installment payment options provided by institutions such as Banks and financial institutions, such as credit cards, installment cards, etc., are installment payment options provided by a credit and/or directly by the institution; within this framework, sales of PRODUCTS that are fully collected by the SELLER, regardless of the installment payment, are not considered installment sales under this Agreement, but cash sales. The SELLER’s legal rights (including the right to terminate the contract if any installment is not paid and to demand payment of the entire remaining debt with default interest) in cases considered as installment sales by law are available and reserved. In case of default by the BUYER, default interest is applied at a rate of 5% per month.
8. GENERAL PROVISIONS
8.1. The SELLER accepts, declares, and undertakes to deliver the PRODUCT/SERVICE in accordance with the specifications specified in the order and, if any, with warranty documents, user manuals, and other information and documents that must be delivered with the PRODUCT/SERVICE in accordance with the legislation.
8.2. The PRODUCT is delivered to the BUYER or to the third party specified by the BUYER, by the Shipping Company, within the committed delivery period and in any case within 15 (fifteen) days, provided that it does not exceed the legal period of 15 (fifteen) days, with the condition that it may exceed 15 (fifteen) days in sales of personalized Products/Services or in accordance with the wishes or personal needs of the Buyer. The “estimated delivery date" specified on the Platform is only an estimate and does not constitute any commitment. If the BUYER or the third party specified by the BUYER is not present at the address at the time of delivery, the SELLER shall not be held liable for the damages and expenses arising from the delayed receipt or non-receipt of the PRODUCT/SERVICE by the BUYER. Furthermore, in the case of orders marked as “Pre-Order," the delivery period may exceed 15 (fifteen) days, and in case the BUYER purchases a Product/Service that is prepared according to the wishes or personal needs of the BUYER or is in the “Pre-Order" status, the BUYER cannot terminate the Agreement due to the non-delivery within 15 (fifteen) days.
8.3. The SELLER delivers the PRODUCT through the Shipping Company to the BUYER. If there is no branch of the Shipping Company at the place where the BUYER is located, the BUYER must receive the PRODUCT from another nearby branch of the Shipping Company notified by the SELLER. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Agreement.
8.4. In case the BUYER fails to receive the PRODUCT/SERVICE for any reason, it will be deemed that the BUYER has returned the PRODUCT/SERVICE; in this case, all payments collected from the BUYER will be returned to the BUYER within the legal period after deducting shipping costs in accordance with the sales conditions.
8.5. If the BUYER does not benefit from a campaign for any reason, the delivery expenses of the Product/Service will be borne by the BUYER. In case of cancellation/return of orders made with free shipping and/or discount campaigns, if the remaining order amount does not meet the campaign conditions, the campaign will be canceled, and the remaining payment will be refunded to the BUYER after deducting the campaign discount and/or shipping fee, within the legal period.
8.6. The SELLER has the right to cancel the order in cases where the performance is impossible due to reasons other than the SELLER’s fault and/or due
to reasons originating from the SELLER (such as cessation of production of the PRODUCT/SERVICE, recall of the PRODUCT/SERVICE, inadequacy of stock and other procurement or delivery of the PRODUCT/SERVICE (due to reasons such as adverse weather conditions, earthquake, fire, flood, epidemic disease, strike, lockout, etc.) that can be considered force majeure, even if they are limited to these) The BUYER will be informed via the registered e-mail address in the system, and the SELLER will refund all payments collected, including any delivery expenses, within the legal period.
8.7. The BUYER shall inspect the PRODUCT before taking delivery; and if the PRODUCT is damaged, defective, or incomplete (such as damaged, broken, torn packaging, etc.), the BUYER shall identify the defective PRODUCT with a video recording, inform the SELLER, and refuse to accept the PRODUCT under these conditions. If the right of withdrawal is to be exercised, the PRODUCT/SERVICE must not be used, and all other documents (such as warranty certificate, user manual, etc.) given to the BUYER during delivery must be returned together with the PRODUCT/SERVICE invoice. Cancellation and/or return within the scope of the right of withdrawal are not possible for damaged, broken, torn packaging, and used products, as well as personalized products.
8.8. The BUYER is obliged to pay the contractual price under the Agreement, and if the contractual price is not paid for any reason, including the cancellation of the credit card by the Bank and/or unauthorized use of the credit card, the BUYER accepts, declares, and undertakes that the SELLER’s delivery obligation will be terminated.
8.9. In cases where a refund of the price must be made to the BUYER for any reason within the scope of the Agreement, the BUYER accepts, declares, and undertakes that the reflection of the amount refunded by the SELLER to the Bank into the accounts of the BUYER is entirely related to the Bank transaction process and that the SELLER cannot be held responsible for any delays.
8.10. The BUYER acknowledges, declares, and undertakes that restrictions may be imposed on the quantities of Products/Services that the BUYER can order via the Platform through announcements made on the Platform. In this case, even if the order is completed, the BUYER acknowledges, declares, and undertakes that there is a right to cancel the part that exceeds the number of Products/Services that the SELLER can order, and accepts this.
8.11. In the event that the BUYER chooses the corporate invoice option, the SELLER will issue a corporate invoice using the tax identification number and tax office information notified by the BUYER through the Platform. The BUYER is responsible for any damages arising from incorrect or incomplete entry of the information required on the invoice.
9. PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS, AND RULES RELATED TO INTELLECTUAL PROPERTY RIGHTS
9.1. Within the scope of the Personal Data Protection Law No. 6698, the SELLER may process the identity, communication, customer transaction, and transaction security information belonging to the Buyer, which may be defined as personal data; to receive orders, provide the Product/Service, resolve system problems, complete payment transactions, use for marketing activities about the Product/Service if the commercial electronic consent is given in advance, update the Buyer’s information, and manage and maintain memberships and contracts established between the BUYER and the SELLER and other contracts; and process the above-mentioned data for other functions provided by third parties such as technical, logistics, and similar functions.
9.2. If the BUYER has commercial electronic consent in accordance with the current legislation, the SELLER may send commercial electronic communications via SMS/text message, instant notification, automatic call, computer, telephone, electronic mail, fax, and other electronic communication tools for promotional, advertising, communication, promotion, sales, and marketing purposes related to all kinds of Products/Services.
9.3. The SELLER has taken necessary security measures, within its capabilities, to ensure that the information and transactions entered by the BUYER on the Platform are free from viruses and similar software intended for malicious purposes. However, the BUYER is deemed to have accepted that they are responsible for all errors that may occur in their software and operating systems and their direct or indirect consequences while using the Platform.
9.4. The BUYER undertakes to ensure that the data provided within the scope of the Agreement are accurate and up-to-date, and to make the necessary updates on the Platform if the information changes.
9.5. All intellectual and industrial property rights and proprietary rights of all kinds of information and content related to the Platform, including their regulation, revision, and partial/complete use, except for those belonging to third parties according to the agreement with the SELLER, belong to the SELLER.
9.6. Detailed information on the processing and protection of personal data of the BUYER by the SELLER can be accessed at https://9poly.fashion/distance-selling-contract/
10. RIGHT OF WITHDRAWAL
The Buyer cannot exercise the right of withdrawal for products purchased through the Platform.
a) Contracts related to personalized Products prepared according to the requests or personal needs of the consumer,
b) Contracts related to Products whose protective elements such as box, packaging, tape, seal, package have been opened, damaged, and used after delivery,
c) Contracts related to Products mixed with other products after delivery and which cannot be separated due to their nature,
d) Contracts related to services whose execution has started with the approval of the BUYER,
The right of withdrawal cannot be exercised for these orders, and a return code cannot be created for these orders on the Platform.
11. SETTLEMENT OF DISPUTES
11.1. In the implementation of the Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Product/
Service and where the BUYER resides are authorized, subject to the monetary limits announced by the Ministry.
12. NOTIFICATIONS and EVIDENCE AGREEMENT
12.1. Except for compulsory cases specified in the legislation, all kinds of correspondence between the Parties under the Agreement will be made via electronic mail.
12.2. The BUYER acknowledges and declares that in case of any disputes arising from the Agreement, all electronic and written records, commercial books, computers, records, and other documents belonging to the SELLER, as specified in HMK Article 193, will be considered binding, sole, final, and exclusive evidence, and that these records constitute an evidence agreement.
13. EFFECTIVENESS
13.1. The 13-article Agreement, read and approved by the Parties, was concluded and entered into force by being approved electronically by the Buyer on the transaction date. A copy of the Agreement is available in the BUYER’s membership account, and if requested, it can also be sent separately via electronic mail.