Article 1- Parties
1.1. Seller
Name: And Home Tekstile
Address: Mehmetçik Mah. 2562-1 Sok. No: 1 / 1 DENIZLI / TURKEY
Email: info@andhometextile.com
1.2. Buyer
Name – Surname/ID No:
Address:
Phone:
Email:
Article 2- Subject
The subject of this contract is the determination of 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, regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website info@andhometextile.com.
The Buyer acknowledges and declares that they have been informed in a clear and understandable manner, in accordance with internet environment standards, about the seller's name, title, full address, phone, and other contact information, the basic qualities of the product subject to sale, the sales price including taxes, payment method, delivery conditions, and costs, as well as the “right of withdrawal” and how to exercise this right, official authorities where they can file complaints and objections, etc. before confirming the electronic order and subsequently placing an order under the terms of this contract.
The preliminary information on info@andhometextile.com and the invoice issued for the order placed by the Buyer constitute an integral part of this contract.
Article 3- Contractual Product/Payment/Delivery Information
The type, quantity, brand/model, sales price, payment method, person receiving the delivery, delivery address, invoice information, and shipping fee for the product(s) purchased electronically are as specified below. The person to be invoiced and the person entering into the contract must be the same. The information below must be accurate and complete. The Buyer agrees to fully cover any damages arising from the inaccuracy or incompleteness of such information and accepts any responsibility in this regard.
The SELLER reserves the right to stop the order if the information provided by the BUYER does not match the reality. If the SELLER cannot reach the BUYER via the telephone, email, or postal address provided by the BUYER in case of a problem with the order, the SELLER will freeze the order for 15 (fifteen) days. During this period, the BUYER is expected to contact the SELLER regarding the issue. If no response is received from the BUYER within this time, the SELLER will cancel the order to prevent both parties from suffering damages.
Purchased Product(s)
Name, code: ... pieces
Total Sale Price: .... -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Person Receiving the Delivery:
Phone number:
Delivery Address:
Person/Company to be Invoiced:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: .... -TL
Article 4- Contract Date and Force Majeure
The date the order was placed by the buyer, i.e., the date ../../...., is the date of the contract.
Situations that are not present or foreseeable at the time of signing the contract, which develop beyond the control of the parties, and that prevent one or both parties from fulfilling their obligations or making it impossible for them to do so on time will be considered force majeure (Natural disasters, war, terrorism, uprising, changes in legislation, seizure, or strikes, lockouts, significant failures in production and communication facilities, etc.).
The party facing a force majeure situation will immediately inform the other party in writing.
During the continuation of the force majeure, neither party will be liable for failing to fulfill their obligations. If the force majeure continues for 30 (thirty) days, each party has the right to unilaterally terminate the contract.
Article 5- Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to perform the obligations imposed by this contract, in full, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 cannot make purchases from info@andhometextile.com. The seller will assume the age specified by the buyer in the contract to be correct. However, the seller will not be held responsible if the buyer has provided incorrect age information.
5.2. The seller is not responsible for price errors arising from system failures on info@andhometextile.com. Therefore, the seller is not liable for promotion, price errors that may arise due to system failures, design issues, or illegal interventions on the website. Buyers cannot claim rights from the seller based on system errors.
5.3. Purchases can be made from info@andhometextile.com via credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not completed within a week from the order date will be canceled. Orders are considered to be processed not when they are placed, but when the necessary amount is collected from the credit card account or when the bank transfer (EFT) is credited to the seller's accounts. Payment methods such as cash on delivery or postal check that are made without consulting customer service will not be accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fully perform the obligations imposed on them by this contract, except in cases of force majeure.
6.2. By placing an order, the Buyer acknowledges that they have accepted the provisions of this contract and agrees to make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that they have been informed in a clear and understandable manner about the seller's name, title, full address, phone, and other contact information, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions, and costs, as well as the “right of withdrawal” and how to exercise this right, official authorities where they can file complaints and objections, etc. before confirming the electronic order.
6.4. Based on the previous article, the Buyer declares that they have read and confirmed electronically the info@andhometextile.com order/payment/use procedure information, including product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings provided.
6.5. The Buyer agrees and undertakes not to damage the product or its packaging in case of a return, to return the invoice and delivery note, and not to use the product.
Article 7 - Order/Payment Procedure
Order
After the total amount of the products added to the shopping cart, including VAT (total installment amounts in the case of installment payments), is confirmed by the buyer, the transaction is processed through the bank card's POS system. Therefore, before the orders are shipped, an order confirmation email will be sent to the customer. Shipment will not be made before the order confirmation email is sent.
In the event of any disruption in the process or any problems related to the credit card, the buyer will be notified using one or more of the telephone/fax/email methods provided in the contract. The buyer may be asked to contact their bank if necessary. The processing time for orders is not the moment the order is placed, but the moment when the required amount is collected from the credit card account or when the transfer (EFT) is credited to the seller's accounts.
In exceptional cases, if it becomes clear for a valid reason that the contracted product cannot be supplied and/or if a stock problem arises, the buyer will be informed immediately and, upon approval, a product of equal quality and price may be sent to the buyer, or, according to the buyer's choice, a new product may be sent, the product's availability may be awaited, or the order may be canceled.
If it becomes impossible to fulfill the delivery obligation of the contracted product, the buyer will be notified, and the total amount paid and any documents putting the buyer in debt will be returned within ten days, and the contract will be canceled. In such a case, the buyer will not be entitled to claim any additional financial or moral compensation from the seller.
Payment
info@andhometextile.com offers buyers who do not wish to use their credit card information online the option to place orders via bank transfer. When paying by transfer, the buyer can choose the bank that suits them best. If an EFT is made, the transfer date will be taken into account. When making a transfer and/or EFT, the "Sender Information" must match the Invoice Information, and the order number must be provided.
If, after the delivery of the product, the buyer's credit card is unlawfully used by third parties without the buyer's fault, and the relevant bank or financial institution does not pay the seller the product price, the buyer must return the delivered product to the seller within 10 days. In such cases, the shipping costs will be borne by the buyer.
If the buyer chooses to pay by credit card, the buyer acknowledges, declares, and undertakes that they will confirm the applicable interest rates and default interest information with their bank, and that the provisions on interest and default interest will apply according to the "Credit Card Agreement" between the bank and the buyer in accordance with the applicable legislation.
Article 8 - Shipment/Delivery Procedure
Shipment
Once the order confirmation email is sent, the product(s) will be handed over to the shipping company with which the seller has an agreement.
Delivery
The product(s) will be delivered to the buyer's address via the shipping company with which the seller has an agreement. The delivery period is 30 days from the sending of the order confirmation email and the formation of the contract. This period may be extended by a maximum of ten days, provided that the buyer is informed in writing or via a permanent data carrier in advance.
The products will be sent by phone notification to regions where the shipping company does not make direct deliveries.
In regions where the shipping company makes deliveries once a week, delays may occur due to incorrect or incomplete shipping information, social events, or natural disasters. The buyer cannot hold the seller responsible for such delays. If the product is to be delivered to a person/company other than the buyer, the seller is not responsible for extra shipping costs that may arise if the recipient refuses the delivery, there is an error in the shipping information, or the buyer is not present at the delivery address. If the product(s) have not reached the buyer within the specified time frame, the delivery issues must be reported to customer service at info@andhometextile.com immediately via email.
In the case of a damaged package: Damaged packages must not be accepted, and a report must be filed with the shipping company representative. If the shipping company representative believes the package is not damaged, the buyer has the right to open the package and check that the products have been delivered undamaged and to request that this be confirmed with a report. Once the package is accepted by the buyer, it is considered that the shipping company has fully fulfilled its duties. If the package is not accepted and a report is filed, the situation must be reported to the seller's customer service along with a copy of the report as soon as possible.
Article 9 - Product Return and Withdrawal Right Procedure
The buyer has the right to withdraw from the contract within fourteen days after receiving the product without providing any reason or paying any penalty. According to the General Communique No. 385 of the Tax Procedure Law, for the return process to be completed, the buyer must complete and sign the return sections at the bottom of the 2 invoices issued by the seller and delivered with the product, and send one copy of the invoice to the seller along with the product while retaining the other copy. The withdrawal period begins on the day the product is delivered to the buyer. The shipping cost for the return of the product(s) must be covered by the buyer.
There is no right of withdrawal for goods that are prepared according to the buyer's requests and/or clearly personalized needs.
If the buyer exercises their right of withdrawal, the seller will refund the total amount received and any documents putting the buyer in debt within ten days from the receipt of the withdrawal notification and the invoice along with the product, without charging the buyer any fees.
The fact that the value of the received goods decreases or makes a return impossible does not prevent the right of withdrawal. However, if the decrease in value or the impossibility of return is caused by the buyer's fault, the buyer must compensate the seller for the decrease in value or the value of the goods.
For all mistakenly purchased products, the general return period is 14 days. During this period, products whose packaging has been opened, used, damaged, etc., will not be accepted for return. The return must be made with the original packaging.
If there is any opening, deterioration, breaking, damage, tearing, use, or similar situations in the mistakenly purchased product and its packaging, and if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and no refund will be made.
For product returns, the situation must first be reported to customer service. The return shipping information will be provided to the customer by the seller. After this communication, the product must be sent to the seller via the shipping company that delivered the product to the buyer's address, along with the invoice containing the return information. If the returned product meets the conditions specified in this contract, it will be accepted for return, and the refund will be made to the buyer's credit card/account. The product must be returned before the refund is processed. The time it takes for refunds to appear on credit card accounts is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the refund procedure for credit cards will be as follows: If the buyer has chosen 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 lump sum, in the case of installment purchases made through the bank's POS systems, the bank will refund the requested refund amounts to the cardholder's accounts in installments, again to ensure that no parties are disadvantaged. The buyer will continue to receive one refund per month, as they did with their installment payments prior to the refund.
If the product or service purchased by credit card is returned, the seller cannot make a cash refund to the buyer in accordance with the contract made with the bank. When a return is made, the seller will process the refund via the software used, and the seller will be required to refund the relevant amount to the bank either in cash or by offset. Therefore, a cash refund cannot be made to the buyer as part of the above procedure. The refund will be processed by the bank in accordance with the above procedure after the buyer pays the total amount to the bank in one lump sum.
Article 10 - Warranty
Products used and cleaned according to the instructions are guaranteed against all manufacturing defects for 2 years under the following conditions: The seller's warranty responsibility applies only to consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.
Article 11 - Confidentiality
The information provided by the buyer in this contract and the information provided for payment purposes will not be shared with third parties by the seller.
The seller may only disclose such information in the case of an administrative/legal obligation. If the seller holds the requested information as part of a legally authorized investigation, they may provide it to the relevant authority.
Credit card information is never stored. Credit card details are only used securely during the payment process to obtain authorization from the relevant banks and are deleted from the system afterward.
The buyer's email address, postal address, and phone number are used solely by the seller for standard product delivery and notification procedures. Occasionally, promotional information, new product updates, and campaign details may be sent to the buyer with their consent.
Article 12 - Competent Courts and Enforcement Offices in Case of Disputes
In case of disputes arising from the implementation of this contract, the Consumer Arbitration Committees up to the value announced annually by the Ministry of Industry and Trade in December, and the Consumer Courts at the seller's location, will have jurisdiction.
By placing an order, the buyer is deemed to have accepted all the terms of this contract. …/…/…