Article 1: Parties
1.1. Seller: Title: Posh Co Tekstil San ve Tc ltd şti
Address: Slimiye mah Dayekadın sok no4/7 Üsküdar/İstanbul
Phone: + 90 5322311075
Email: [email protected]
1.2. Buyer: The Buyer, within the terms of this contract, denotes the person who has placed an order via the www.posh-co.com website. The address and contact information submitted through the BUYER while becoming a member or when placing an order shall be taken as basis.
Article 2: Subject
2.1. The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Protection of Consumers No 6502 and Regulations on Principles and Procedures of Implementation of Distance Contracts germane to the sale and delivery of the products which the BUYER has ordered in electronic environment from the www.posh-co.com website of the SELLER, with qualifications and the sales price specified in the contract.
2.2. The BUYER accepts and declares in line with the provisions of this contract that the BUYER is aware of the basic characteristics of the products subject to sale as well as all the preliminary information such as sales price, payment method, delivery conditions and etc. and his right of withdrawal and the BUYER has confirmed this contract in electronic environment and ordered the product subsequent to being aware of these information.
2.3. The preliminary information provided in www.posh-co.com website and invoices and dispatch orders issued by the BUYER are inseparable and integral parts of this contract hereby.
2.4. This contract is valid after the BUYER has given the necessary confirmation in electronic environment as regards the product order.
Article 3: Delivery Of The Product, Execution Place Of The Contract And Delivery Method
3.1. The product for which the BUYER has requested delivery, will be delivered through the authorized employee of the cargo company named "UPS" to the address of ........................ specified by the BUYER.
3.2. The kind and type, quantity, brand/model in addition to information as to sales price, form of payment, person who will receive, delivery address, billing information of the product (s) are as written in the field where the BUYER has placed the order. The person to be invoiced and the person who enters into the contract have to be the same person. The BUYER accepts and agrees that the BUYER will bear any and all liability arising out of or in connection damages fully when such information is not correct or is inaccurate.
3.3. The SELLER reserves the right of stopping the order in cases when it is deemed necessary; if it is determined that the information submitted through the SELLER is not correct. The SELLER has the right to suspend the order for 15 (fifteen) days if the SELLER cannot reach the BUYER via telephone, e-mail and postal address submitted through the BUYER in case of problems related to order. The BUYER is expected to contact the SELLER during this period. The SELLER has the right to cancel the order so that both parties are not damaged, if no reply is received from the BUYER within this period.
Article 4: Delivery Costs And Payment
4.1. The product (s) are given to the contracted cargo company of the SELLER upon sending the confirmation mail for delivery of the order and in case of availability of the product in the stocks and after the price of the product is transferred to the account of the SELLER. The SELLER will deliver the product within 5 days as from the ordering date. This period may be extended by not more than 30 (thirty) days, provided that the BUYER is notified in writing or with a permanent data carrier.
4.2. Product (s) will be delivered to the address of the BUYER by virtue of the contracted cargo company of the SELLER. Delivery costs will belong to BUYER. The SELLER will be deemed to have fulfilled the performance thereof fully and completely even if the BUYER is not at his address at the time of delivery.
4.3. If the contractual product shall be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible because such person/organization does not accept delivery. Therefore, any damage caused by taking late delivery of the product by the BUYER and/or the expenses arising from keeping the product in the cargo company and returning the cargo to the SELLER shall be borne by the BUYER.
4.4. The products are sent by telephone notice to the areas where the cargo company does not make delivery to address.
4.5. If the SELLER cannot deliver the contractual product within the term of the contract due to unusual circumstances such as commercial incapacity, unexpected cases, force majeure or weather disruption which prevents the transportation or interruption of transportation, the SELLER shall notify the BUYER in writing within 3 (three) days as from the date on which the SELLER is informed of this situation or by virtue of a permanent data recorder. In this case, the BUYER may use one of his rights such as the cancellation of the order, the replacement of the contractual product with a precedent, and/or the postponement of the delivery period until the obtrusive condition ceases to exist. The amount paid by the BUYER upon cancellation of the order shall be returned to the BUYER within 14 (fourteen) days.
4.6. If for any reason the product amount is not paid or is cancelled in bank records, the SELLER shall be deemed to be free from the obligation of delivering the product.
Article 5: Representation and Commitment Of The Buyer
5.1. The BUYER agrees and undertakes to meet the obligations imposed thereto in the contract completely except for reasons of force majeure.
5.2. The BUYER agrees and undertakes that by placing an order the BUYER is deemed to have accepted the provisions of this contract and will make the payment in accordance with the payment method specified in the contract hereby.
5.3. The BUYER accept and declares that the BUYER has received information as to the name, title, address, telephone and other access information of the SELLER as well as basic features of the goods subject to sale, sales price including tax, form of payment, delivery conditions and costs etc. in addition to preliminary information as regards the goods subject to sale and the right to use the "withdrawal" and how to use this right and the official authorities and etc. to whom he can communicate his complaints and objections in a clear and understandable way and in line with the internet environment from the www.posh-co.com website and the BUYER has confirmed these preliminary information in electronic environment.
5.4. The BUYER, based on the previous article, declares that the BUYER has read the product order and payment terms, product usage instructions, measures taken against the possible situations and the warnings as well as www.posh-co.com order/payment/usage procedure information and the BUYER has information and gives the necessary confirmation in electronic form.
5.5. BUYER, before receiving the contract products subject to contract, must make a control of the products and not take the delivery of broken and damaged and defective products as well as products with package ripped open and etc. from the cargo company and must have the cargo company's authorized person to keep a record of the situation. If the cargo company's authorized person considers that the package is not damaged, the BUYER has the right to open the package there and to check that the product(s) have been delivered without damage and again have the cargo company's authorized person to keep a record of the situation. The product received shall be deemed to be undamaged and intact. It is the BUYER's obligation to protect the product carefully after the delivery. If the package is not accepted and a report is prepared, the report about the status should be reported to the SELLER's Customer Service at the shortest time after the SELLER receives one copy the report about the status.
5.6. The BUYER accepts that the delivery made to the address specified through the BUYER and the person who is present during the delivery is deemed to be made to the BUYER.
5.7. If the right of withdrawal is used, the product must be returned by the invoice and delivery note thereof. If the original invoice is not sent, the VAT and other legal obligations, if any, are not returned to the BUYER.
Article 6: Seller's Declarations and Commitments
6.1. The SELLER is responsible for delivering the contractual product in accordance with the provisions of the Regulation on the Protection of Consumers No 6502 and Regulation on the Principles and Procedures of Distance Contracts, in accordance with the specifications stated in the order, and with the guarantee documents and manuals. If the contract item is delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if such person/organization rejects delivery.
6.2. The SELLER, in accordance with Article 10 of this contract, agrees that the BUYER has the right to withdraw from the contract by refusing the product within 14 (fourteen) days from the date on which the BUYER has received the product or on which the BUYER has signed the contract without undertaking any legal and criminal liability and without showing any reason.
6.3. Persons younger than 18 (eighteen) cannot make shopping at posh-co.com The SELLER will consider that the buyer's age stated in the contract is correct. And the SELLER will not be liable for any reason if the BUYER has written his age incorrectly.
6.4. The SELLER can supply the product with equal quality and price to the BUYER before the due date of the contract is fulfilled on reasonable grounds. If the SELLER thinks that the delivery of the product is impossible, the SELLER must notify the SELLER before the execution date of the agreement is over. In this case, the BUYER may use one of his rights such as cancellation of the order, replacement of the contractual product with a precedent, and/or the postponement of the delivery period until the obtrusive condition ceases to exist. If the Buyer cancels the order, the price paid and documents, if any, are returned within 14 (fourteen) days.
6.5. Shopping can be done by credit card from the website named www.posh-co.com Orders that are not paid within 1 day of the order date will be cancelled. The order processing time is not the time when the order is placed but the time when the necessary credit is collected from the credit card account. Payment methods which are not negotiated with customer service such as paid delivery are not accepted.
Article 7: Features Of The Product Subject To The Contract
7.1. The nature and type of product, its quantity, brand/model, colour and sales price including all taxes and the information provided on the product description pages of the website named www.posh-co.comare as indicated on the invoice which is considered an integral part of this contract.
7.2. The SELLER is not responsible for price errors due to technical reasons and system errors. Accordingly, the SELLER is not responsible for the promotion and price errors which may arise due to system, design or interventions that may be made to the website in illegal ways. The BUYER cannot claim any right from the SELLER based on system faults.
Article 8: Order and Payment Procedure
8.1. The BUYER is responsible against the bank in line with the provision of Article 9.
8.2. After the purchase amount of the products (total instalment amounts in instalments) including VAT added to the shopping cart is approved by the BUYER, it is processed at the POS of the relevant bank card.
8.3. If the bank or the financial institution does not pay the price of the product to the SELLER for the reason that the credit card belonging to the SELLER is used in an unauthorized manner or illegally by unauthorized persons which is not due to the fault of the SELLER after delivery of the product and the SELLER is obliged to send the product delivered thereto within 10 days by paying the shipping costs.
Article 9: Payment Plan
9.1. The BUYER, declares and undertakes that due to the fact that forward sales are performed only by bank credit cards, the BUYER will also confirm the information as to the relevant interest rates as well as the default interest from the BUYER's bank and that the provisions related to interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER.
9.2. In instalment processes, the relevant provisions of the contract signed between the BUYER and the cardholder bank shall apply. The date of payment of the credit card is determined by the agreement between the bank and the BUYER. The BUYER may also follow the instalment number and payments from the bank statement.
Article 10: Right Of Withdrawal
10.1. In order for the BUYER to benefit from the right to withdraw; the sale must be based on a sales contract falling within the scope of the Law on the Protection of Consumer No 6502; the return must be made within 14 (fourteen) days from the date of delivery, without any justification and penalty from the date of delivery with the box, packaging, if any, standard accessories of the purchased product.
10.2. In order for the refunds to be processed, the refund field at the bottom of the invoice must be filled firstly by the BUYER. No refund requests will be accepted without completing this field. If this right is used, return of the invoice for the product delivered to the BUYER or the 3rd person is obligatory.
10.3. In case the BUYER uses the right to withdraw, the SELLER shall return the product to the BUYER and return cost and all the documents putting the BUYER in debt to the BUYER within 14 (fourteen) days as from the receipt of the notification of his right to withdrawal, and the BUYER shall return the product within 10 days. If the invoice is not sent originally, the VAT and other legal obligations, if any, cannot be returned to the BUYER.
10.4. The duration of the reflection of the refund to the credit card accounts of the credit card is at the discretion of the relevant bank.
10.5. If the shopping is made by virtue of credit card or by instalment, refund to the credit card procedure will be applied as follows: If the BUYER has transmitted the purchase request of product with instalments, the bank pays the refund to the BUYER in instalments. After paying all of the product value to the bank at one time, if the expenditures in instalments made from the POS machines of the bank will be refunded to the BUYER's credit card, the amount of refund requested shall be transferred by the bank to the bearer accounts in instalments in order to ensure that the intervening parties do not become victimized. The instalment amounts paid by the BUYER until the sale cancellation will be reflected on the card each month as 1 (one) return if the return date does not coincide with the account cut-off dates of the card, and the instalments paid by the BUYER before the return are will take in the number of months same with the number of instalments paid before the return and will be deducted from current receivable debts thereof. In the case of return of goods and services purchased by card, the SELLER cannot make payment to the BUYER in cash, as required by the contract the SELLER has made with the bank. In case of a refund transaction, the member merchant, namely the SELLER, will make the refund transaction via the related software and because the member merchant, namely the SELLER, is obliged to pay the bank in cash or on account, no payment is made in cash to the BUYER in accordance with the procedure detailed of which are provided hereinabove. The refund to the credit card will be made by the bank following the above procedure, after the PAYER has paid the cost to the bank at one time.
10.6. If there is a reduction in the value of the goods arising from the fault of the BUYER, or if it becomes impossible to return, the BUYER is obliged to compensate the damage of the SELLER in ratio with the defect.
Article 11: Refund Requirements For Special Products
11.1. Products which need to be in contact with the body the BUYER during use by the BUYER (such as headphones and etc.), disposable products and similar products are among products which cannot be returned in terms of their nature except their being damaged/defective.
11.2. The right of withdrawal cannot be used in the goods which are produced in accordance with the special requests and demands of the BUYER or in the goods which are made special to the BUYER by making modifications or additions thereon.
Article 12: Pre-Ordinary and Legal Results If the Buyer defaults on his/her credit card transactions, the Buyer shall pay interest on the credit card contract which the Buyer has made with the owner bank and shall be liable to the bank. In this case, the bank may apply for legal remedies; the Buyer may charge the cost of the expenses and the attorney fee from the BUYER and in any case if the BUYER defaults due to the receivable debt thereof, the BUYER agrees to pay the damage and loss of the SELLER due to the delayed performance of the BUYER.
Article 13: Guarantee SELLER's guarantee responsibility is valid only for consumers covered by the Law on the Protection of Consumers No 6502. The provisions of the Turkish Commercial Code shall be valid for works with commercial nature.
Article 14: Authorized Court In case of disagreement arising from the implementation of this contract, the competent Tribunal of Consumer Arbitrators and Consumer Courts shall be authorized to the declared value announced by the Ministry of Industry and Trade every December.
Article 15: Confidentiality SELLER will not share the information which is notified to the SELLER through the BUYER in order to make payment by virtue of the information stated in this contract with third parties. The SELLER will only be allowed to reveal this information in the situation of the existence of an administrative/statutory obligation. If the SELLER is in possession of the information competency of which has been documented required from the SELLER as regards any kind of judicial investigation the SELLER may provide them to the relevant authority. Credit card information is strictly never stored. Credit card information is only used to securely transmit them to the bank during the collection process and is deleted from the system after provision thereof. The e-mail address, mailing address and telephone information of the BUYER are only used by the SELLER for standard product delivery and information procedures. From time to time, campaign information, information as to new products, and promotional information may be sent to the BUYER after approval thereof.