Distance Selling Agreement
PARTIES
SELLER:
Title: SENTIUS HOME
MERSIS No:
(Hereinafter referred to as "SELLER.")
Address: Oğlananası Atatürk Mah. Saim Çıkrıkçı Cad. No: 71 Menderes, Izmir, Turkey
Phone: 0 554 204 73 36
Email: [email protected]
BUYER:
Name: [To be automatically filled]
ID No: [To be automatically filled]
(Hereinafter referred to as "BUYER.")
Address: [To be automatically filled]
Phone: [To be automatically filled]
Email: [To be automatically filled]
SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties related to the sale and delivery of the product, which possesses the qualities mentioned in the agreement and whose sale price is specified in the agreement, ordered electronically by the BUYER from the SELLER's website www.sentiushome.com.
Before deciding to order from https://www.sentiushome.com and enter into this agreement, the BUYER declares and accepts that they have been informed about the SELLER's commercial title, open address, and contact information, the basic characteristics of the product subject to sale, the total price including all taxes, payment method, delivery conditions and duration, delivery costs, conditions, and methods of exercising the right of withdrawal, and ALL PRELIMINARY INFORMATION on these subjects, and that they have confirmed this preliminary information electronically.
PRODUCT OF THE CONTRACT, PRICE OF THE PRODUCT, AND PAYMENT METHOD
The type and kind, quantity, brand/model, color, sale price, and delivery information of the product subject to the contract are listed below, and this information will also be written on the invoice, which is an integral part of this contract.
Product name: [To be automatically filled]
Product Code: [To be automatically filled]
Quantity of product: [To be automatically filled]
Weight of the product: [To be automatically filled]
Total price of the product including VAT: [To be automatically filled]
Payment method: [To be automatically filled]
Invoice Address: [To be automatically filled]
Name/Title on the invoice: [To be automatically filled]
DELIVERY INFORMATION
Delivery address: [To be automatically filled]
Person to be delivered to: [To be automatically filled]
Delivery transportation fee: [To be automatically filled]
The BUYER's order will be processed not on the date of the order, but once the Preliminary Information Form is electronically confirmed and this contract is signed, and provided that the product price has been deposited into the SELLER's account. If the product price is not paid or canceled in the bank records for any reason, the SELLER is deemed to have been released from the obligation to deliver the product, and the BUYER is obliged to pay the transportation fee.
The product subject to the contract ordered by the BUYER from the website, depending on the distance of the delivery address specified by the BUYER, will be delivered to the BUYER or the person/organization at the address indicated in the order by Loomis Security Services Inc., within no more than 30 days for each product ordered, depending on stock availability.
The SELLER cannot be held responsible for any problems encountered by the courier company that prevent the timely or complete delivery of the product, nor for the non-delivery of the product due to the BUYER not being present at the address at the time of delivery or if the product is to be delivered to someone other than the BUYER and the recipient refuses to accept it. Any costs arising from the BUYER receiving the product late or the product being held by the courier company and/or being returned to the SELLER will be borne by the BUYER.
The BUYER shall inspect the contract product before acceptance and will not accept the delivery from the courier company if it is damaged, such as dented, broken, torn packaging, etc. It will be accepted that the product delivered by the courier company without a report being made by the BUYER is undamaged and in good condition.
GENERAL PROVISIONS
Persons under the age of 18 cannot shop from www.sentiushome.com. By electronically approving this contract, the consumer confirms that they are over the age of 18.
This website offers products for sale to consumers at advantageous prices. The SELLER has the right to cancel transactions of a wholesale nature made for commercial and professional purposes that exceed consumer needs.
The SELLER is obliged to deliver
the product subject to the contract in accordance with the qualities specified in the order, completely, intact, along with warranty documents and user manuals. The warranty period of the product is determined by the respective brand. Examination procedures for products whose warranty period has expired are rejected by the brands. Due to the handmade nature of the products presented on the https://www.sentiushome.com website and differences in the ordered ring sizes, there may be a production-related variation of ±10% in weight, length, width, and other characteristics.
If the BUYER wishes to make the payment through bank transfer, they must deposit the price of the ordered product into the SELLER's account within 3 days from the order and notify the website operator by clicking the "I made a Bank Transfer/EFT" button on the relevant section of the website https://www.sentiushome.com. Otherwise, the BUYER's order will be canceled. If the BUYER makes the purchase with a credit card and in installments, the installment method selected on the website applies. The relevant provisions of the contract signed between the BUYER and the cardholder's bank apply in installment transactions.
If the BUYER defaults on transactions made with a credit card, they will pay interest and be responsible to the bank under the credit card agreement made with the bank. In this case, the bank may resort to legal means, and if the BUYER defaults on their debt, the BUYER agrees to pay the damages and losses incurred by the SELLER due to delayed performance of the debt.
If the credit card used for payment and the product is delivered, but the product's price is not paid to the SELLER by the bank or financial institution due to unauthorized or illegal use of the credit card by unauthorized persons, the BUYER must return the product to the SELLER within 3 days. In this case, shipping costs belong to the BUYER.
The product offered for sale on the website may not always be in stock. If the product ordered by the BUYER and not in stock cannot be produced for some reasons or if it becomes impossible to deliver the ordered product due to other reasons, the SELLER will inform the BUYER via email or phone within 3 days from the time they become aware of this situation. The BUYER has the right to cancel the order or postpone the delivery until the obstacle is removed. If the BUYER cancels the order, the paid product price and all documents will be refunded to the BUYER within 10 (ten) days. For orders paid with a credit card, the product price will be refunded to the credit card. The BUYER accepts that the reflection of this amount to the BUYER's account is a banking transaction and the SELLER cannot be held responsible for possible delays.
The SELLER can supply and deliver a different product of equal quality and price before the expiration of the performance obligation in the contract, by informing the BUYER and obtaining explicit approval.
If the product purchased by the BUYER through the website malfunctions within the warranty period, when sent back along with the invoice, necessary repairs will be carried out by the authorized service. Fault examination procedures will be conducted by the brand's fault examination units, and a decision will be made. Fault examination procedures take at least 21 business days and may extend up to 30 business days depending on the workload of the fault examination unit. Once the decision made by the fault examination units reaches the SELLER, the SELLER will contact the BUYER, and if the product is accepted as faulty, a choice will be made by the BUYER to supply the same product or another product. If there is a price difference between the selected product and the faulty product, no refund will be made by the SELLER for cheaper products, but the BUYER will be asked for the price difference for more expensive products. Fault examination procedures are not carried out on products sent without an invoice.
RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days of the delivery of the product subject to the contract to themselves or the person/organization at the address indicated, without providing any reason and without paying any penalty. The notification of withdrawal can be communicated to the SELLER within the withdrawal period via email or through a permanent data storage device reported on the website. If the website provides the BUYER with the option to notify the right of withdrawal, the SELLER must immediately send a confirmation to the BUYER regarding the receipt of the withdrawal request.
In case of exercising the right of withdrawal, the BUYER must return the product, its invoice, and the delivery receipt to the SELLER within ten days from the date of directing the notification of withdrawal. The returned product must be unused, undamaged, including its packaging, labels, and protective tapes intact, and in a condition suitable for resale by the SELLER. The BUYER will not be responsible for changes and deteriorations that occur if the product is used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.
If the product returned under the right of withdrawal is found to comply with the contract terms after inspection by the SELLER, the product price will be refunded to the BUYER within ten (10) days. If the original invoice is not sent, VAT and other legal obligations cannot be refunded to the BUYER. The SELLER cannot be held responsible for banking delays in refunding the product price. If the BUYER has purchased the product with a credit card and in installments, the refund will be made to the bank in accordance with the agreement between the BUYER and the bank.
If the product exercised under the right of withdrawal is sent via the contracted company, Loomis Security Services Inc., the delivery fee will be covered by the SELLER. If the product is sent via another courier or method, the delivery fee will be borne by the BUYER, and the SELLER is not obliged to accept delivery-paid products. Additionally, the SELLER will not be responsible for products not sent via the contracted courier, and the BUYER will be liable for any damages incurred by the SELLER in this regard. If the product is not returned as described in the contract and with the relevant documents, the SELLER will refuse to accept the product and send it back to the BUYER at their expense.
The return of single-use products, products made or customized according to the BUYER’s specific requests or needs, is not accepted. Therefore, the right of withdrawal cannot be exercised for such products.
COMPLAINT NOTIFICATION
The BUYER can convey complaints related to their order, the product subject to the order, and/or the contract through the contact information provided above. Submitted complaints will be recorded, evaluated by the competent units
for resolution, and feedback will be provided as soon as possible. Moreover, the BUYER can submit their complaints and objections to the consumer arbitration committee or consumer court within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December each year, depending on the location where the product or service was purchased or where the BUYER’s residence is located. In areas where Consumer Courts are not available, jurisdiction belongs to the Civil Courts of First Instance.
FORCE MAJEURE
Situations such as war, natural disasters, strikes, lockouts, changes in legislation, and other unforeseeable events beyond the control of the parties that partially or completely prevent or delay the parties from fulfilling their obligations under the contract will be considered force majeure. The party affected by force majeure shall promptly inform the other party in writing, and during the continuation of the force majeure, they will not be held responsible for failing to fulfill their obligations under the contract. If the force majeure situation continues for more than 30 days, each party will have the right to terminate the contract.
NOTIFICATION AND SERVICE ADDRESS
Any notifications related to this contract will be made to the BUYER’s email address specified in the contract. Emails from addresses other than the email address specified in this contract will not be considered by the SELLER.
ACCEPTANCE DECLARATION
The BUYER acknowledges and confirms that they have been informed by the SELLER about the SELLER's open address, commercial title, and contact information, the characteristics of the product ordered, the sale price, payment method, delivery method, delivery costs and who will pay them, the right of withdrawal, conditions of return and exchange, and by approving this contract, they have agreed to pay the prices of the products ordered as specified in the contract.
Date: [To be automatically filled]
SELLER: [Signature] BUYER: [Signature]
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