Distance Selling Agreement

 

Article 1 - Parties

1.1. Seller

Name: Casadora Baby
Address: Güzelköy Mah. 233 Sok. No:4 20140 Pamukkale/Denizli
Phone: 0533 666 73 84
Email: info@casadorababy.com

1.2. Buyer

Name - Surname/ID No:
Address:
Phone:
Email:

 

Article 2 - Subject

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts concerning the sale and delivery of the product(s) that the BUYER ordered electronically from the website www.casadorababy.com, the characteristics and sales price of which are specified below.

The Buyer acknowledges and declares that they have been informed by the Seller in a clear, understandable, and appropriate manner for the internet environment about the Seller's name, title, full address, telephone, and other contact information, the basic characteristics of the goods subject to sale, including taxes, the sales price, payment method, delivery conditions, and costs, etc., and that they have confirmed these preliminary information electronically and placed the order afterward in accordance with the provisions of this contract.

The preliminary information on www.casadorababy.com and the invoice issued upon the order placed by the Buyer are integral parts of this contract.

 

Article 3 - Product/Payment/Delivery Information

The type and model, quantity, brand/model, sales price, payment method, person to receive the delivery, delivery address, billing information, and shipping fee of the product(s) purchased electronically are as stated below. The person to whom the invoice is issued and the person who makes the purchase must be the same. The information below must be correct and complete. The buyer accepts that they will cover all damages arising from incorrect or incomplete information and that they bear all responsibility for such situations.

The Seller reserves the right to suspend the order in case the information provided by the Buyer is found to be inaccurate. If the Seller cannot reach the Buyer at the phone number, email, or mailing address provided by the Buyer in case of any issues with the order, the order will be frozen for 15 (fifteen) days. It is expected that the Buyer will contact the Seller regarding the issue within this period. If no response is received from the Buyer within this period, the Seller reserves the right to cancel the order to prevent any potential harm to both parties.

Purchased Product(s):
Name, code: … pieces
Total Sales Price: …. -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Person to be Delivered:
Phone Number:
Delivery Address:
Billing Person/Company:
Billing Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL

 

Article 4 - Contract Date and Force Majeure

The contract date is the date when the order was placed by the Buyer on ../../…..

Circumstances that do not exist or are not foreseen at the time of signing the contract, that develop beyond the control of the parties, and that prevent one or both parties from fulfilling their obligations and responsibilities under the contract either partially or entirely, or making it impossible to fulfill them on time, will be considered force majeure (natural disasters, war, terrorism, insurrection, changes in legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure will immediately notify the other party of the situation in writing.

Neither party will have any liability for the inability to fulfill obligations during the continuation of the force majeure. If the force majeure persists for 30 (thirty) days, either party will have the right to unilaterally terminate the contract.

 

Article 5 - Seller's Rights and Obligations

5.1. The Seller agrees and undertakes to fulfill the obligations imposed by the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in full, except in cases of force majeure.

5.2. Persons under the age of 18 cannot shop on the www.casadorababy.com website. The Seller will assume that the age specified by the Buyer in the contract is accurate. However, the Seller will not be held responsible in any way if the Buyer provides incorrect age information.

5.3. The Seller is not responsible for price inaccuracies resulting from system errors on www.casadorababy.com. Accordingly, the Seller is not responsible for any promotional, price errors that may arise from system errors, design issues, or illegal interventions on the website. The Buyer cannot claim any rights from the Seller based on system errors.

5.4. Purchases can be made from www.casadorababy.com via credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within a week from the order date will be canceled. The processing time of the orders is when the credit card account has been charged, or the bank transfer (EFT) has reached the Seller's bank accounts, not when the order is placed. Payment methods such as COD (cash on delivery) or postal check that are conducted without consulting customer service are not accepted.

 

Article 6 - Buyer's Rights and Obligations

6.1. The Buyer agrees and undertakes to fulfill the obligations imposed by the contract, except in cases of force majeure.

6.2. The Buyer agrees and undertakes to pay in accordance with the payment method specified in the contract and to accept the terms of this contract upon placing the order.

6.3. The Buyer acknowledges and declares that they have been informed in an understandable manner on the website www.casadorababy.com about the Seller's name, title, full address, telephone, and other contact information, the basic characteristics of the goods subject to sale, including taxes, the sales price, payment method, delivery conditions, and costs, etc., and how the right of withdrawal will be exercised, the official authorities to whom they can report complaints and objections, and that they have confirmed this preliminary information electronically.

6.4. In connection with the previous clause, the Buyer declares that they have read and understood the product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings, and that they have given the necessary confirmation electronically.

6.5. If the Buyer wishes to return the product, they agree and undertake not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.

 

Article 7 - Order/Payment Procedure

Order

The total amount of the product(s) added to the shopping cart, including VAT, will be processed through the relevant bank's POS after the Buyer approves the amount (total installment amounts in case of installment transactions). Therefore, orders are only shipped after the order confirmation email is sent to the customer. No shipment will be made without sending the order confirmation email.

In case of any delay or problems with the credit card during the process, the Buyer will be notified using one or more of the telephone, fax, or email methods specified in the contract. If necessary, the Buyer may be asked to contact their bank. The processing time of orders is when the credit card account has been charged, or the bank transfer (EFT) has reached the Seller's bank accounts, not when the order is placed.

In case the contract product cannot be supplied for a justified reason and/or if there is a stock problem, the Buyer will be informed immediately and, upon approval, a different product of equal quality and price may be sent to the Buyer, or a new product may be sent according to the Buyer's preference, the Buyer may wait for the product to be restocked or the obstacle to delivery to be removed, and/or the order may be canceled.

If it becomes impossible to fulfill the obligation to deliver the contract product, the Buyer will be informed, and the total amount paid, along with any documents that may have placed the Buyer under obligation, will be returned to the Buyer within ten days at the latest, and the contract will be canceled. In such a case, the Buyer will not be entitled to claim any additional material or moral compensation from the Seller.

Payment

For customers who do not wish to use their credit card information online, www.casadorababy.com offers the option to order via bank transfer. The Buyer may choose the most suitable bank for the transfer. If an EFT is made, the date of transfer to the account will be considered. When making a bank transfer and/or EFT, the "Sender Information" must match the invoice information, and the order number must be written.

If the credit card belonging to the Buyer is used unlawfully by unauthorized persons for reasons not attributable to the Buyer's fault, the Buyer must return the product to the Seller within 10 days if the bank or financial institution does not pay the Seller the price of the product. In such cases, the shipping costs will be borne by the Buyer.

If the Buyer chooses to pay by credit card, the Buyer agrees, declares, and undertakes that they will confirm the relevant interest rates and information on default interest with their bank and that the provisions on interest and default interest will be applied within the framework of the "Credit Card Agreement" between the Bank and the Buyer, in accordance with the applicable legislation.

 

Article 8 - Shipping/Delivery Procedure

Shipping

After the order confirmation email is sent, the product(s) will be delivered to the Seller's contracted courier company.

Delivery

The product(s) will be delivered to the Buyer's address via the Seller's contracted courier. The delivery period is 30 days from the time the order confirmation email is sent and the contract is established. This period can be extended by a maximum of ten days, provided that the Buyer is notified in writing or via a durable medium.

The products will be sent as a phone-notified delivery to areas where the courier companies do not offer home delivery.

There may be delays in the specified delivery time due to incorrect or incomplete information in the shipping details, social events, or natural disasters. The Buyer cannot hold the Seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any extra shipping costs that may arise due to the recipient not accepting the delivery, incorrect shipping information, and/or the absence of the Buyer at the delivery location. If the product(s) have not been received within the specified days, delivery issues should be immediately reported to customer service using the email address info@casadorababy.com.

Damaged packages should not be accepted, and a report should be taken by the courier representative. If the courier representative insists that the package is not damaged, the Buyer has the right to request that the package be opened on-site to check that the products are intact and to have the situation documented with a report. Once the package is accepted by the Buyer, it is considered that the courier has fully performed its duty. If the package is not accepted and a report is drawn up, the situation should be reported to the Seller's Customer Service as soon as possible, along with the copy of the report kept by the Buyer.

 

Article 9 - Product Return and Withdrawal Procedure

The Buyer has the right to withdraw from the contract without giving any reason and without incurring any penalty within fourteen days from the date of receipt of the goods. In accordance with General Communiqué No. 385 of the Tax Procedure Law, for the return to be processed, the Buyer must fill in the return sections at the bottom of the two invoices delivered with the goods, sign one copy, and send it to the Seller along with the product, and keep the other copy. The withdrawal period starts from the day the goods are delivered to the Buyer. The return shipping cost of the returned product(s) must be covered by the Buyer.

The right of withdrawal does not apply to goods prepared according to the Buyer's requests and/or explicitly tailored to the Buyer's personal needs.

If the Buyer exercises their right of withdrawal, the Seller will refund the total amount paid and any documents that placed the consumer under obligation to the consumer within ten days at the latest from the date of receipt of the withdrawal notice.

The decrease in the value of the received goods or the existence of a reason making the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the Buyer must compensate the Seller for the decrease in value or the full value of the goods.

The general return period for any product purchased by mistake is 14 days. During this period, opened, used, damaged, etc., products will not be accepted for return. The return must be made in the original packaging.

If any opening, deterioration, breakage, destruction, tearing, use, etc., is detected on the product or its packaging, and the product cannot be returned in the same condition as when it was delivered to the Buyer, the product will not be accepted for return, and the price will not be refunded.

To initiate a return, the issue should first be reported to customer service. The Seller will inform the Buyer of the return shipment details. After this notification, the product must be delivered to the Seller via the courier that delivered it to the Buyer, along with the invoice containing the return information. If the returned product meets the conditions specified in this contract, the return will be accepted, and the refund will be made to the Buyer's credit card/account. No refund will be made before the product is returned. The time it takes for refunds to reflect on credit card accounts is at the discretion of the relevant bank.

If the purchase was made using a credit card and in installments, the credit card refund procedure will be as follows: If the Buyer has requested to purchase the product in installments, the Bank will refund the Buyer in installments. After the Seller has paid the total amount to the Bank in one go, if the installment payments made to the credit card are refunded, the requested refund amounts will be transferred back to the Buyer's credit card/account in installments to prevent any party involved from being harmed. If the refund date does not coincide with the card's account closing dates, one refund will be reflected on the card for each month, and the Buyer will continue to receive refunds for the number of installments paid before the refund.

In the case of the return of goods and services purchased by credit card, the Seller cannot make a cash refund in accordance with the agreement made with the Bank. If a refund is necessary, the Seller will carry out the refund via the relevant software, and the Seller is obliged to pay the relevant amount to the Bank in cash or on account, so the refund cannot be made in cash to the Buyer. The credit card refund will be made by the Bank following the above procedure after the Buyer has paid the amount to the Bank in one go.

 

Article 10 - Confidentiality

The information specified in this contract, as well as the information provided by the Buyer to the Seller for the purpose of making payment, will not be shared with third parties by the Seller.

The Seller may disclose this information only within the framework of administrative/legal obligations. If any judicial investigation is initiated and the Seller is required to provide information, they may provide the requested information to the relevant authority if they have it.

Credit card information is never stored. Credit card information is only used securely during the collection process by securely transmitting it to the relevant banks for authorization, and it is deleted from the system after authorization.

The Buyer's email address, postal address, and phone number are used only by the Seller for standard product delivery and notification procedures. Some periodical campaign information, new product information, and promotional information can be sent to the Buyer after their approval.

 

Article 11 - Competent Courts and Enforcement Offices in Case of Dispute

In case of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade in December each year, and the Consumer Courts at the Seller's place of residence, are authorized.

If the order is confirmed, the Buyer is deemed to have accepted all the terms of this contract. …/…/…