Distance Sales Agreement
ARTICLE 1: PARTIES INFORMATION 1.1 – SELLER
Title: Serap Uzun SOLE PROPRIETORSHIP
Address: Adile Naşit Street No:6, Apartment:2, Soğanlık, Yeni Kartal/Istanbul
Complaint Line: Email: [email protected]
This agreement has been prepared pursuant to the Regulation on the Implementation Procedures and Principles of Distance Contracts, published in the Official Gazette dated 13.06.2003 and numbered 25137, which mandates the execution of agreements for sales conducted via the Internet. The terms are set out in the following articles.
1.2 – BUYER
The person who becomes a member of or places an order on the website https://hermonassa.com/ is deemed the BUYER. The Seller shall rely on the address and contact details provided by the Buyer for delivery purposes.
ARTICLE 2: DEFINITIONS
2.1 - BUYER: A natural person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes.
2.2 - Ministry: Republic of Turkey Ministry of Trade.
2.3 - Bank: Licensed institutions established under the Banking Law No. 5411.
2.4 - Service: Any transaction, other than the provision of goods, performed or promised in exchange for a fee or benefit.
2.5 - Law: Law No. 6502 on the Protection of Consumers.
2.6 - Cargo Company: The contracted cargo or logistics company responsible for delivering the product to the Buyer and returning it to the Seller in case of returns.
2.7 - Pre-Information Form: The form prepared to inform the Buyer about the minimum information specified in the Regulation before the contract is concluded or any offer is accepted by the Buyer.
2.9 - SELLER: A natural and/or legal person providing goods/services to the consumer for commercial purposes, or acting on behalf of the one providing the goods/services, whose information is stated in Article 1.1.
2.10 - Contract: The agreement concluded between the Seller and the Buyer.
2.11 - Product: The goods subject to the purchase.
2.12 - Regulation: The Distance Contracts Regulation.
ARTICLE 3: SUBJECT OF THE AGREEMENT, PRODUCT AND DELIVERY INFORMATION
This agreement has been prepared pursuant to Law No. 4077 on the Protection of Consumers and the Distance Contracts Regulation, which mandates the execution of agreements for sales conducted via the Internet.
The provisions of this agreement govern the distance sales agreement concluded or to be concluded between the Seller and Buyer, and any disputes arising therefrom. The BUYER acknowledges that they have been informed of the essential characteristics of the products, sales prices, payment methods, delivery conditions, all prior information, the right of withdrawal, and return conditions, confirms this information electronically, and orders the products in accordance with this agreement.
The type, quantity, brand or model, sales price, payment method, recipient, delivery address, invoice information, and shipping cost of the product(s) purchased via https://hermonassa.com/ are as listed in the forms and order details completed by the Buyer prior to purchase. The delivery time is as indicated on the https://hermonassa.com/ website. Unless otherwise stated by the Seller, shipping costs are not included in product prices.
ARTICLE 4: GENERAL PROVISIONS
4.1 - The BUYER declares that they have read and are informed about all prior information regarding the product(s), sales price, payment method, and delivery conditions, and confirms electronically.
4.2 - The product(s) shall be delivered via the cargo company selected by the BUYER within a maximum of 30 days. This period may be extended by up to 10 (ten) additional days if previously notified to the BUYER. The SELLER is not responsible for errors, defects, or unlawful actions arising from the cargo company chosen by the BUYER outside the options provided.
4.3 - If the product(s) are to be delivered to someone other than the BUYER, the SELLER is not responsible if the designated recipient refuses delivery.
4.4 - The SELLER is responsible for delivering the product in accordance with the order and in sound and complete condition.
4.5 - If the BUYER's credit card is used unlawfully by third parties after delivery without the BUYER's fault, the BUYER must return the product unused, undamaged, unopened, and resellable within 3 (three) days. Shipping costs are borne by the BUYER.
4.6 - The SELLER must notify the BUYER in case of force majeure, severe weather, or transportation disruptions. The BUYER may choose to cancel the order, replace the product with an equivalent item, or extend the delivery time. Refunds for canceled orders will be made within 15 business days.
4.7 - In installment sales, the BUYER acknowledges and accepts the applicable interest and default interest rates imposed by the issuing bank. The BUYER is responsible for checking the installment details in the bank statement.
4.8 - Non-consumer BUYERS may have their orders canceled partially or entirely before delivery. Refunds will be processed through the same payment method used by the BUYER. The SELLER is not responsible for delays in the refund process caused by the bank.
4.9 - The BUYER confirms that they have read and electronically approved all terms of the agreement and the pre-information form, have understood the essential characteristics, price, payment method, delivery conditions, and the right of withdrawal, and have ordered the product accordingly.
4.10 - The BUYER acknowledges that they may be liable to the bank for interest if they default on credit card payments.
4.11 - If the BUYER does not accept the product/service, all payments, including delivery costs if any, will be refunded within the statutory period.
4.12 - The SELLER is not responsible for damages or costs arising from the BUYER or their designee being absent at the delivery address.
4.13 - In case of impossibility of delivery, the SELLER must notify the BUYER within 3 days and refund payments within 14 days.
4.14 - The BUYER shall inspect the product before acceptance and reject any damaged or defective products. Products returned for withdrawal must remain unused, with invoice and accompanying documents.
4.15 - The BUYER is obliged to pay the contract price. Failure to pay or cancellation by the bank does not relieve the BUYER of obligations.
4.16 - The BUYER must return the product within 3 days if unauthorized use of their credit card results in non-payment.
4.17 - Refunds to the BUYER may take 2–3 weeks to appear in their account due to bank processing. The SELLER is not responsible for delays caused by the bank.
4.18 - If the credit card holder differs from the BUYER, security verification may be requested. Orders may be suspended until verification is provided.
4.19 - The BUYER accepts that placing an order constitutes a payment obligation. Upon order completion and delivery, the BUYER irrevocably accepts all terms of this agreement.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 - Withdrawal Period and Conditions: The BUYER may withdraw from the contract within 15 (fifteen) days from delivery without reason or penalty, in accordance with Law No. 6502 and the Distance Contracts Regulation.
5.2 - Exercising the Right of Withdrawal: The BUYER must notify the SELLER in writing or via permanent data storage within this period. Products must remain unused beyond ordinary inspection.
5.3 - Procedures in Case of Withdrawal: The BUYER must return the product within 15 days of notification. The SELLER shall refund the product price and shipping costs within 15 days of receipt of notification.
5.4 - Return Conditions: Products must retain their resaleability and original packaging. Non-compliant products will not be accepted.
5.5 - Exceptions: Custom-made goods, hygiene-sensitive items, products that cannot be separated, digitally delivered services, and started services with prior approval cannot be withdrawn.
5.6 - Defective or Damaged Product Returns: The BUYER must refuse delivery, document the issue with the cargo personnel, and submit photos to [email protected] or by mail to Adile Naşit Street No:6, Apartment:2, Soğanlık, Yeni Kartal/Istanbul. Refunds will be processed after verification.
ARTICLE 6: NOTICES AND EVIDENCE AGREEMENT
All communications will be made via the email address specified in Article 1, except for legally mandatory cases. The Buyer agrees that the Seller’s official records and electronic records constitute binding and exclusive evidence, in accordance with Article 193 of the Code of Civil Procedure.
ARTICLE 7: PERSONAL DATA PROTECTION AND INTELLECTUAL PROPERTY RIGHTS
7.1 - The SELLER shall process personal data solely for the purpose of providing the product/service, in accordance with Law No. 6698, secondary legislation, and Personal Data Protection Board decisions.
7.2 - The BUYER is responsible for ensuring the accuracy, completeness, and currency of their personal data and for preventing unauthorized access.
ARTICLE 8: JURISDICTION
Disputes arising from this agreement are subject to the Consumer Courts in the Buyer’s place of residence and, for claims within the authority of the Ministry of Trade, the Consumer Arbitration Committees.
ARTICLE 9: ENTRY INTO FORCE
This agreement consists of 9 main articles and sub-articles, is presented in 12-point font for the BUYER to read and understand, and comes into effect upon electronic approval by the BUYER.