DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement ("Agreement") is entered into between the following parties:

SELLER

Company Name:
VANGELIZA TEKSTİL SANAYİ VE DIŞ TİCARET LİMİTED ŞİRKETİ

Registered Address:
H. Edip Adıvar, Balcı Sk. No:24, 34382 Şişli / Istanbul / Türkiye

Telephone:
+90 212 320 81 75

MERSİS Registration No.:
0883-0311-0250-0012

E-mail:
[email protected]

(hereinafter referred to as the "SELLER")

and

BUYER

Full Name / Company Name:
............................................................

Turkish Identity Number / Tax Identification Number (if applicable):
............................................................

Address:
............................................................

Telephone:
............................................................

E-mail:
............................................................

(hereinafter referred to as the "BUYER")

The SELLER and the BUYER shall hereinafter be referred to individually as a "Party" and collectively as the "Parties."

2. SUBJECT OF THE AGREEMENT

2.1

The SELLER operates the website www.vangeliza.com.tr (hereinafter referred to as the "Website"), through which it markets and sells its products electronically.

The purpose of this Agreement is to determine the rights and obligations of the Parties concerning the sale and delivery of the products ("Product(s)") ordered electronically by the BUYER via the Website, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

2.2

The BUYER acknowledges and declares that, prior to placing an order, they have been clearly, comprehensively, and appropriately informed through the Website regarding:

the identity and contact details of the SELLER;
the SELLER's trade name and registered address;
the essential characteristics of the Product(s);
the total sales price including all applicable taxes;
the accepted payment methods;
delivery conditions and delivery costs;
all preliminary information relating to the Product(s);
the existence and conditions of the right of withdrawal;
the procedures for exercising such right; and
the competent authorities to which complaints or objections may be submitted.

The BUYER further acknowledges that they have reviewed and electronically approved such preliminary information before placing the order.

The Preliminary Information Form, Membership Agreement, Privacy Notice regarding Personal Data, and the invoice issued for the BUYER's order constitute integral parts of this Agreement.

3. PRODUCT / PAYMENT / DELIVERY INFORMATION

PRODUCT INFORMATION

The details regarding the Product(s) and/or Service(s) purchased under this Agreement shall be as follows:

Description	Details
Product / Service Type
Brand / Model
Colour
Quantity
Unit Price (excluding VAT)
Shipping Fee
Payment Method
Delivery Address
Recipient
Billing Address

3.1

The type, quantity, brand/model, sales price, payment method, delivery recipient, delivery address, billing information and shipping fee relating to the Product(s) ordered electronically are specified in the table above.

3.2

The person to whom the invoice is issued must be the same person who enters into this Agreement.

3.3

The BUYER is responsible for ensuring that all information provided under this Agreement is complete, accurate and up to date.

The BUYER accepts full responsibility for any damages, delays or legal consequences arising from inaccurate or incomplete information.

The SELLER reserves the right to suspend the processing of an order until the accuracy of the information provided by the BUYER has been verified where deemed necessary.

3.4

If the SELLER detects any issue during the order process, it shall attempt to contact the BUYER using the registered telephone number, e-mail address or postal address.

If communication cannot be established, the order shall not be processed and shall remain pending until the BUYER responds.

Should the BUYER fail to respond within the specified period or otherwise fail to contact the SELLER, the order may be cancelled in order to prevent inconvenience or damages to either Party.

4. AGREEMENT DATE AND FORCE MAJEURE

4.1

The effective date of this Agreement shall be the date on which the BUYER places the order:

Date: ........................................

4.2

Events that did not exist and could not reasonably have been foreseen on the date this Agreement was concluded, that occur beyond the control of the Parties, and that partially or completely prevent or delay the SELLER from fulfilling its contractual obligations shall be deemed Force Majeure Events.

Such events include, but are not limited to:

customs restrictions or customs-related obstacles;
changes in export policies adopted by governmental authorities;
declaration of a state of emergency;
natural disasters;
war;
terrorism;
civil unrest;
legislative amendments;
governmental seizure or confiscation;
strikes;
lockouts;
serious disruptions affecting production facilities or communication infrastructure.

4.3

If the SELLER becomes unable to deliver the Product(s) within the agreed period due to Force Majeure, adverse weather conditions, transportation disruptions or similar extraordinary circumstances, the SELLER shall notify the BUYER within three (3) days.

In such circumstances, the BUYER may choose to:

cancel the order;
request delivery of an equivalent substitute product where available; or
postpone delivery until the relevant obstacle has ceased.

If the BUYER chooses to cancel the order, all payments received shall be refunded within fourteen (14) days.

4.4

The Party affected by Force Majeure shall promptly notify the other Party in writing.

Neither Party shall be liable for failure to perform its obligations during the continuation of the Force Majeure Event.

If the Force Majeure Event continues uninterrupted for more than thirty (30) days, either Party shall be entitled to terminate this Agreement unilaterally.

5. SELLER'S RIGHTS AND OBLIGATIONS

5.1

The SELLER agrees and undertakes to perform all obligations arising under this Agreement fully and properly, except where performance is prevented by Force Majeure events.

5.2

Persons under the age of 18 (eighteen) are not permitted to make purchases through www.vangeliza.com.tr.

The SELLER shall rely on the age information declared by the BUYER. The SELLER shall not be held liable for any consequences arising from incorrect or misleading age information provided by the BUYER.

5.3

The SELLER shall not be held responsible for promotional, pricing or other errors arising from system failures, website design errors, software malfunctions, technical issues or unlawful third-party interference.

The BUYER shall not assert any claim, compensation or other right against the SELLER based on such system-related errors.

5.4

Payments made through the Website may be completed using Visa, MasterCard, and other accepted credit cards.

5.5

Orders shall not be deemed confirmed at the moment they are placed. An order shall be processed only after the payment has been successfully authorised and collected through the relevant payment system.

Cash-on-delivery payments, postal orders or any alternative payment methods not expressly approved in advance by the SELLER's Customer Services Department shall not be accepted.

5.6

Where payment is made by credit card, the BUYER accepts all legal risks arising from any unauthorised, fraudulent or unlawful use of the credit card, including circumstances where the cardholder and the recipient of the Product are different persons.

The BUYER irrevocably agrees that no claim for damages arising from such circumstances shall be brought against the SELLER.

5.7

If, following delivery of the Product(s), the issuing bank or financial institution refuses to remit the purchase price to the SELLER because the credit card was unlawfully or fraudulently used by unauthorised persons, regardless of whether such use resulted from the BUYER's fault, the BUYER shall return the delivered Product(s) to the SELLER within three (3) days.

In such case, all shipping and return costs shall be borne by the BUYER.

6. BUYER'S RIGHTS AND OBLIGATIONS

6.1

The BUYER agrees and undertakes to fulfil all obligations arising under this Agreement completely and in due time.

By placing an order, the BUYER shall be deemed to have accepted all provisions of this Agreement and undertakes to make payment using the selected payment method.

6.2

The BUYER acknowledges that, before placing an order through www.vangeliza.com.tr, they have been clearly and comprehensively informed regarding:

the identity and contact details of the SELLER;
the essential characteristics of the Product(s);
the total sales price, including all applicable taxes;
available payment methods;
delivery conditions and delivery costs;
the existence of the right of withdrawal and the procedure for exercising such right; and
the authorities competent to receive complaints and objections.

The BUYER further declares that they have electronically reviewed and approved such preliminary information.

6.3

The BUYER declares that they have read and understood:

the ordering and payment procedures available on the Website;
the instructions relating to the use of the Product(s);
warnings concerning possible circumstances affecting the purchase; and
all precautionary information provided on the Website,

and confirms that they have electronically approved such information.

6.4

Where the BUYER exercises the right to return a Product, the BUYER agrees:

not to damage the Product or its original packaging;
not to use the Product in any manner whatsoever;
to return the original invoice together with the delivery note (where applicable); and
to deliver all accompanying documents completely and without omission.

7. PRE-CONTRACTUAL INFORMATION PROVIDED TO THE BUYER

The BUYER acknowledges that, before accepting this Agreement electronically and before placing an order or assuming any payment obligation, they have reviewed and understood all general and specific information published on the relevant pages of the Website, including but not limited to the following:

the SELLER's corporate identity, registered trade name and contact details;
the steps required to complete an online purchase and the methods available for correcting incorrect entries before submitting an order;
the SELLER's policies regarding privacy, processing and protection of personal data, electronic communications, permissions granted by the BUYER, and the legal rights and obligations of both Parties;
any delivery restrictions applicable to the Products;
accepted payment methods;
the essential characteristics of the Product(s);
the total amount payable by the BUYER, including all applicable taxes and charges;
delivery procedures together with shipping, transportation and logistics costs;
information relating to payment, collection, delivery and performance of this Agreement, together with the respective responsibilities of each Party;
the Product(s) and services for which the statutory right of withdrawal does not apply;
the conditions, duration and procedure governing the exercise of the right of withdrawal, together with the consequences of failing to exercise such right within the statutory period;
the possibility that a withdrawal request may be rejected where the Product has been used contrary to its intended purpose, ordinary use or technical specifications during the withdrawal period, resulting in deterioration or loss of value;
the BUYER's liability for any depreciation caused by such use and the SELLER's right, where applicable, to deduct the corresponding amount from any refund;
the procedures applicable to returns under the right of withdrawal, including return shipping costs, refund procedures, promotional discounts, complimentary products, loyalty points, vouchers, campaign benefits and any deductions that may lawfully be applied; and
the fact that where the BUYER is a legal entity or purchases Products for commercial or professional purposes (including bulk purchases), consumer rights provided under applicable consumer protection legislation—including the statutory right of withdrawal—shall not apply.

8. ORDER AND PAYMENT PROCEDURE

8.1 ORDER PLACEMENT

8.1.1

Following the BUYER's confirmation of the total purchase price, including Value Added Tax (VAT) (or, where applicable, the total instalment amount), the order shall be processed through the bank's secure virtual POS system.

An order confirmation e-mail shall be sent to the BUYER prior to shipment. No Product(s) shall be dispatched until such confirmation e-mail has been issued.

8.1.2

Should any interruption occur during the ordering process or should any issue arise concerning the BUYER's credit card, the SELLER may contact the BUYER using one or more of the communication channels provided by the BUYER, including telephone, fax or e-mail.

Where deemed necessary, the BUYER may be requested to contact the issuing bank to complete the verification process.

8.1.3

If the Product(s) subject to this Agreement become unavailable due to Force Majeure or insufficient stock availability, the BUYER shall be informed immediately in a clear and understandable manner.

Subject to the BUYER's approval, the BUYER may choose one of the following options:

receive an alternative Product of equivalent quality and price;
wait until the ordered Product becomes available or until the circumstance preventing delivery has ceased; or
cancel the order and receive a full refund.

8.1.4

If delivery of the Product(s) becomes permanently impossible for any reason, the BUYER shall be informed accordingly.

The total amount paid by the BUYER, together with any documents creating financial obligations on the BUYER's behalf, shall be returned within fourteen (14) days, and this Agreement shall automatically terminate.

In such circumstances, the BUYER irrevocably agrees not to claim any material or moral damages from the SELLER.

8.2 PAYMENT

8.2.1

If, following delivery of the Product(s), the issuing bank or financial institution refuses to transfer the purchase price to the SELLER due to unauthorised or fraudulent use of the BUYER's credit card by third parties, regardless of whether such use resulted from the BUYER's fault, the BUYER shall return the delivered Product(s) to the SELLER within three (3) days, unused and in the same condition in which they were delivered.

All return shipping costs shall be borne by the SELLER.

8.2.2

Where payment is made by credit card, the BUYER acknowledges, declares and undertakes that:

information relating to applicable interest rates and default interest shall be confirmed directly with the issuing bank; and
all matters relating to interest, default interest and repayment shall be governed by the Credit Card Agreement concluded between the BUYER and the relevant bank in accordance with applicable legislation.

9. SHIPMENT AND DELIVERY PROCEDURE

9.1 SHIPMENT

Following the dispatch of the order confirmation e-mail, the Product(s) shall be delivered by the SELLER to its contracted courier service for shipment.

9.2 DELIVERY

Delivery Address:
.............................................

Recipient:
.............................................

Shipping Fee:
.............................................

9.2.1

The shipping fee shall be added separately to the order total and shall be paid by the BUYER unless otherwise expressly stated.

The shipping charge does not form part of the purchase price of the Product(s).

The Product(s) shall be delivered to the BUYER's delivery address through the courier company designated by the SELLER.

9.2.2

During promotional periods or under campaigns announced on the Website, the SELLER may cover all or part of the shipping costs.

The SELLER reserves the right to amend its shipping fee policy and applicable delivery conditions at any time.

9.2.3

Unless otherwise required by applicable legislation, delivery shall be completed within thirty (30) days following the dispatch of the order confirmation e-mail and the conclusion of this Agreement.

For locations where the courier company does not provide door-to-door delivery, shipment shall be arranged following telephone notification to the BUYER.

9.2.4

Delivery may be delayed in circumstances beyond the SELLER's reasonable control, including but not limited to:

courier companies serving certain regions only on specific days;
inaccurate or incomplete delivery information;
natural disasters;
public emergencies; or
other unforeseen events.

The BUYER acknowledges that the SELLER shall not be liable for delays arising from such circumstances.

9.2.5

Where the BUYER requests delivery to a third party or another organisation, the SELLER shall not be responsible if:

the recipient refuses to accept delivery;
incorrect delivery information has been provided; or
the BUYER or the designated recipient is unavailable at the delivery address.

Any additional shipping or redelivery charges resulting from such circumstances shall be borne by the BUYER.

If the Product(s) are not delivered within the applicable delivery period, the BUYER must notify the SELLER's Customer Services Department via www.vangeliza.com.tr without undue delay.

9.2.6

Upon delivery, the BUYER shall inspect the external condition of the parcel before accepting it.

If the parcel appears damaged, the BUYER should refuse acceptance and request the courier representative to prepare a written damage report.

Where the courier representative claims that the parcel is undamaged, the BUYER may request that the parcel be opened in the representative's presence so that the Product(s) can be inspected and the findings recorded in the report.

Once the BUYER accepts the parcel without objection, the courier company's delivery obligations shall be deemed to have been fully performed.

If delivery is refused due to damage, the BUYER shall promptly forward a copy of the courier's damage report to the SELLER's Customer Services Department in order to initiate the necessary procedures.

10. PRODUCT RETURNS AND RIGHT OF WITHDRAWAL

10.1 PRODUCT RETURNS

10.1.1

The BUYER shall have the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product(s), without providing any reason and without incurring any penalty, in accordance with the applicable consumer protection legislation.

10.1.2

The withdrawal period shall commence:

for a single-product order, on the date the Product is delivered to the BUYER or to a third party designated by the BUYER (other than the carrier); and
for orders consisting of multiple Products delivered separately, on the date the final Product is delivered.

10.1.3

The BUYER may exercise the right of withdrawal by submitting a clear written notice through one of the following communication channels:

E-mail:
[email protected]

Postal Address:
H. Edip Adıvar, Balcı Sk. No:24, 34382 Şişli / Istanbul / Türkiye

10.1.4

The withdrawal period begins on the date the Product is delivered to the BUYER.

Return shipping costs shall be borne by the SELLER without charging any additional fee to the BUYER. However, customs duties, import taxes or similar charges applicable to international orders placed from outside Türkiye may vary depending on the destination country and shall remain the responsibility of the BUYER where required by applicable law.

Provided that no circumstance exists which delays the refund process, the purchase price shall be refunded within fourteen (14) days following the valid exercise of the right of withdrawal.

10.1.5

The statutory right of withdrawal shall not apply to Products manufactured or customised in accordance with the BUYER's personal requests or individual requirements.

10.1.6

Loss of value, use of the Product or circumstances preventing resale shall not automatically prevent the BUYER from exercising the right of withdrawal.

However, where such loss in value results from handling or use beyond what is necessary to establish the nature, characteristics and functioning of the Product, the BUYER shall compensate the SELLER for the corresponding depreciation.

10.1.7

Before returning any Product, the BUYER must first contact the SELLER's Customer Services Department.

The SELLER shall provide the BUYER with the applicable return procedure.

Following such notification, the BUYER shall return the Product together with the original invoice through the courier company that completed the original delivery.

Upon receipt, the SELLER shall inspect the returned Product.

If the returned Product complies with the conditions specified in this Agreement, the refund shall be processed to the BUYER's original payment method.

No refund shall be made before the returned Product has been received by the SELLER.

The time required for the refunded amount to appear in the BUYER's account shall depend solely on the processing procedures of the relevant bank.

10.1.8

Where cancellation or return of one or more Products causes the remaining order to no longer satisfy the conditions of a promotional campaign, any campaign discount previously applied to the returned Product(s) shall be deducted from the refund amount.

Likewise, where an order qualified for free shipping but the remaining order value falls below the applicable free-shipping threshold following a return, the original shipping charge may be deducted from the refundable amount.

10.1.9

Where the purchase was made by credit card in instalments, refunds shall be processed in accordance with the issuing bank's instalment refund procedures.

Although the SELLER refunds the full purchase amount to the bank in a single transaction, the issuing bank may credit the BUYER's account in instalments corresponding to the original payment schedule.

If the refund date falls after the relevant credit card statement closing date, the refunded amount may be credited over subsequent billing periods in accordance with the bank's internal procedures.

10.1.10

For purchases made by credit card, the SELLER cannot make cash refunds directly to the BUYER.

Refunds shall only be processed through the banking system using the original payment method.

The BUYER acknowledges that credit card refunds are subject to the procedures and processing times of the relevant financial institution.

11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

Pursuant to the applicable legislation, the statutory right of withdrawal shall not apply to, including but not limited to, the following Products and services:

Products manufactured or customised according to the BUYER's individual requests or personal requirements, including specially imported or specially procured Products;
Perishable goods or goods liable to deteriorate or expire rapidly, including cosmetics, food products, chocolates and similar items;
Cosmetics, swimwear, underwear, single-use products and similar items where protective packaging, seals or hygiene protection have been opened after delivery and which are unsuitable for return due to health or hygiene reasons;
Products that, after delivery, have become inseparably mixed with other goods by their nature;
Books, CDs, DVDs, software, digital content, audio or video recordings and computer consumables where the protective seal or packaging has been opened;
Newspapers and periodicals supplied outside a subscription agreement;
Goods or services whose price depends on fluctuations in financial markets beyond the SELLER's control;
Services performed instantly in electronic form, digital content supplied immediately, downloadable software, electronic publications and similar intangible goods;
Any other goods or services excluded from the scope of distance selling legislation under applicable law; and
Purchases made for commercial or professional purposes.

Furthermore, the right of withdrawal cannot be exercised in relation to services that have begun to be performed with the BUYER's prior express consent before expiry of the withdrawal period.

12. WARRANTY

Products that are used and maintained in accordance with their intended purpose and applicable care instructions are covered by a two (2) year warranty against manufacturing defects.

This warranty does not cover damage arising from misuse, improper handling, accidents, normal wear and tear or use contrary to the manufacturer's instructions.

13. PRIVACY

13.1

The BUYER's personal data may be processed for the purposes of:

providing the contracted services;
fulfilling orders;
creating and managing customer records;
monitoring service quality;
processing returns and withdrawal requests; and
improving products and services.

13.2

Where payment is made online through a bank or authorised payment institution, the BUYER's payment card information is neither viewed nor stored by the SELLER.

Payment card information is transmitted securely to the relevant payment service provider solely for the purpose of obtaining payment authorisation and is not retained after completion of the transaction.

13.3

Information provided by the BUYER under this Agreement, including payment-related information, shall not be disclosed to third parties except where required by law or necessary for the performance of this Agreement.

13.4

The BUYER's e-mail address, postal address and telephone number shall be used exclusively for order fulfilment, delivery and customer information purposes.

13.5

Where the BUYER contacts the SELLER, correspondence and contact details may be processed for the purposes of handling complaints, responding to requests and maintaining customer service records.

13.6

Commercial electronic communications concerning promotions, campaigns or new products may be sent to the BUYER only where the BUYER has provided the required consent under the applicable legislation.

13.7

The SELLER may share the BUYER's name, delivery address and telephone number with contracted courier service providers solely for the purpose of delivering the ordered Product(s).

13.8

The SELLER may disclose the BUYER's information only where legally required or upon a lawful request from competent public authorities, courts or other authorised governmental bodies.

14. COMPETENT COURTS

The Parties agree that the SELLER's books, commercial records, electronic records, computer records and other digital data shall constitute admissible evidence to the extent permitted by the applicable laws.

Nothing in this Agreement shall prejudice the mandatory rights granted to consumers under the applicable consumer protection legislation.

Any dispute arising out of or in connection with this Agreement shall fall within the jurisdiction of the Consumer Arbitration Committees and the Consumer Courts having jurisdiction at the BUYER's place of residence, where such jurisdiction is provided by applicable law.

15. FINAL PROVISIONS

This Agreement shall remain in force until all obligations of the Parties relating to payment, delivery and any other contractual responsibilities have been fully performed.

By electronically confirming the order, the BUYER acknowledges that they have read, understood and accepted all terms and conditions of this Distance Sales Agreement and shall be legally bound by its provisions.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye.

DISTANCE SALES AGREEMENT

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