Distance Sales Contract

This contract has been issued in accordance with the Law No. 6502 on the Protection of Consumers (TKHK) and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188 in accordance with the obligation to make a contract for sales made by consumers over the internet, and the provisions of the contract in which the relevant articles of the Turkish Commercial Code and the Turkish Code of Obligations will be applied instead of the provisions of the TKHK for buyers who do not have the status of consumers are as follows.

ARTICLE 1: PARTIES

SELLER

Title: Tale Of Magic Tekstil A.S.
Address: Akpinar Mah. Beka Sok. No:20 – 22A Sancaktepe – Istanbul
E-mail: info@taleofmagic.com
RECIPIENT
Name, Surname or Title
Address
Telephone
Cell Phone
Email
ARTICLE 2: SUBJECT MATTER OF THE CONTRACT
The subject of this contract is to regulate the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the products whose qualifications and sales price are specified on the shopping screen, which the SELLER sells to the BUYER electronically from the website www.taleofmagic.com.
The BUYER accepts and declares that he / she has information about the basic qualities of the products subject to sale, sales prices, payment method, delivery conditions, all preliminary information about the products in question, right of withdrawal and return conditions, confirms this preliminary information electronically and then orders the products in accordance with the provisions of this contract.
The preliminary information and information form approved by the consumer while shopping from www.taleofmagic.com and sent to the e-mail address registered in the system and the sales invoice of the SELLER are integral parts of this contract.
ARTICLE 3: PRODUCT SUBJECT TO THE CONTRACT, SALES PRICE, DELIVERY INFORMATION
The type and type, quantity, brand or model, sales price, payment method, delivery address, delivery address, invoice information and shipping fee of the product or products purchased by the BUYER electronically from the www.taleofmagic.com e-commerce site are as seen in the forms he / she arranged before shopping.
ARTICLE 4: RIGHT OF WITHDRAWAL
If the BUYER has the title of “Consumer” in accordance with Article 3/k of the Law No. 6502 on the Protection of Consumers, the BUYER has the right to withdraw from the contract within fourteen days without any justification and without penal clause. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the SELLER within this period.
The SELLER undertakes that the BUYER, who has the title of consumer, has the right to withdraw from the contract by refusing the goods or services within fourteen days without any justification and without penal clause and that it will fulfill the procedures for the implementation of the right of withdrawal from the date of receipt of the withdrawal notification.
In order to exercise the right of withdrawal, written notification must be made to the SELLER within the legal fourteen-day period. This written notification may also be made via the relevant section on the website, registered letter with return receipt, telegram or electronic mail, or by means of a continuous data carrier-remote communication tool.
In case the BUYER, who is a consumer, has exercised this right;
If the order has not yet been delivered to the cargo, the BUYER can cancel the order via the My Orders section and send the request via e-mail info@taleofmagic.com.
If the order has been delivered to the cargo; the return form sent with the invoice is filled out and the Product / s to be returned, the box, packaging, standard accessories, if any, and a copy of the invoice are returned to Akpınar Mah. Beka Sok. No:20 – 22A Sancaktepe – Istanbul In order to exercise the right of withdrawal, the products to be returned must be undamaged, properly packaged and individually in their original packaging. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER.
The price of the Product shall be returned to the BUYER within 10 days following the receipt of the above written documents and the Product to the SELLER as written above. In credit card payments, the refund transaction is also made by returning to the BUYER’s credit card. Payments made by bank transfer/EFT will be refunded to the same account. Since the reflection of the refund amount to the BUYER’s accounts after the return to the Bank is entirely related to the Bank’s transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays.
For the Products for which the right of withdrawal can be exercised, again in accordance with the legislation, if there is a decrease in value due to changes and deterioration due to use other than the usual use of the goods or generally due to the fault of the consumer, the BUYER must compensate the SELLER for this decrease in value, and if there is an impossibility of return, the value of the goods (the above sales price).
The BUYER will not be able to use the right of withdrawal if the returned Products are crushed, deformed, wet or in any case that may damage the product and if the Product is damaged. In this case, the SELLER is not obliged to refund the price.
The BUYER knows that the products subject to this contract are made of bamboo and organic cotton yarn with natural ingredients and that the product is deformed and / or discolored due to the use of the products contrary to the washing and usage instructions (including but not limited to washing the products with fabric softener, drying the products with or without drum, using baby oil, etc.). in any case and if the Product is damaged, the right of withdrawal shall not be exercised. In this case, the SELLER is not obliged to refund the price.
Again, the BUYER cannot use the right of withdrawal in the following contracts.
– Contracts for goods or services whose prices fluctuate with fluctuations in financial markets and are not under the control of the seller or provider.
– Contracts for goods tailored to the consumer’s wishes or personal needs.
– Contracts for the delivery of perishable or expired goods.
– Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
– Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
– Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
– Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
– Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.
– Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer.
– Contracts for services that are started to be performed with the consent of the consumer before the expiration of the right of withdrawal period.
Invoice of real person merchants, capital companies, etc. a return invoice must be issued for product returns issued on behalf of the customer. In addition, the Products to be returned must be delivered to the SELLER complete and undamaged together with the box, packaging, standard accessories, if any.
ARTICLE 5: CONTRACT DATE AND DURATION
The SELLER has given the necessary opportunity and warnings to read these contract terms before the BUYER completes the order. All terms of the contract have been accepted by the BUYER with the approval given electronically by the BUYER, and this contract, which was previously signed by the BUYER, has been delivered to the BUYER by sending it to the e-mail address provided by the BUYER when signing up to the system. The date of electronic approval is also the date of this Agreement.
This Distance Sales Contract, all explanations and information are valid as of the moment the BUYER approves this contract on the internet. After being read by the BUYER electronically on our website www.taleofmagic.com and confirmed (also sent to the e-mail registered in the system), the contract will be established between the BUYER and the SELLER in the preliminary information form and the contract terms on our website and accepted and approved electronically by the BUYER, and this contract will remain in force until the parties fulfill their payment and delivery obligations arising from the Contract, without prejudice to the relevant provisions.
ARTICLE 6: GENERAL PROVISIONS
1. The BUYER accepts that the basic qualities of the products shown on the website www.taleofmagic.com, the sales price including all taxes and the payment method, the delivery / delivery cost and the right of withdrawal and the preliminary information regarding the terms of use have reached the party, that he / she has read and informed and that he / she has given the necessary confirmation-approvals for electronic sales.
2. The products shown on www.taleofmagic.com are limited to the stock held by the SELLER. The product selected by the BUYER may have been ordered by another user before the BUYER’s order. Orders will be evaluated according to the order in which they are sent to the SELLER. In parallel with this, the product selected by the BUYER may not be available in the stocks of the SELLER. In such a case, the BUYER may choose alternative products or request a refund if he/she has made a payment.
3. The delivery of the product will be made by placing the order, approving the contract online and shipping the product within the periods specified on the product order screen from the date the payment reaches the seller for payments made by bank transfer. All products subject to the order are given to the cargo company to be delivered to the person and address specified by the BUYER during membership to the website. Cargo companies deliver the shipments received from the SELLER to the recipients within the periods determined in line with their own operations, in connection with the address being in or out of Istanbul. However, in any case, the product subject to the order shall be delivered to the BUYER or the person / organization at the address indicated by the BUYER, depending on the distance of the BUYER’s settlement, not exceeding the legal 30-day period.
4. Delivery costs (cargo fee etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs in question to the BUYER depending on the result of the campaigns carried out at the time of sale and announced on the website www.taleofmagic.com.
5. The SELLER shall not be held responsible if the BUYER is not present at the address at the time of delivery or if the delivery is not accepted in general. In this case, the SELLER shall be deemed to have fulfilled its performance fully and completely. In case there is no one to receive delivery at the address, it will be the responsibility of the BUYER to follow the shipment of the products by contacting the cargo company. In these cases, any damages arising from the late receipt of the Product by the BUYER and the expenses incurred due to the Product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.
6. The BUYER is responsible for checking the Product as soon as he / she receives the Product and when he / she sees a problem caused by the cargo in the Product, he / she is responsible for not accepting the Product and keeping a report to the KARGO company official. Otherwise, the SELLER shall not accept any responsibility.
When the cargo is delivered to the BUYER, if there is crushing, deformation, wetness or any situation that may damage the product in the package / box / parcel, the condition of the products should be checked by opening the package / box / parcel with the cargo officer. In case of damage to the products, the BUYER must not take delivery of the products and ask the cargo officer to keep a record. If the cargo is not accepted and the said report is also kept, the situation should be notified to the seller immediately using the communication tools specified in the contract as soon as possible together with the copy of the report remaining with the buyer.
The products received by the BUYER from the cargo without checking the cargo and keeping the said report shall be deemed to be undamaged and intact.
7. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. Especially in payments made by bank transfer / EFT, if the Product price is not paid to the SELLER in full, the SELLER may unilaterally cancel the contract and may not deliver the Product. For payments made by wire transfer/EFT, the order number must be specified in the description section. When the money order / EFT payment is made, the order will be processed and the BUYER will be notified via e-mail when the order is approved after the payment is transferred to the bank accounts.
If the Wire Transfer / EFT does not reach the specified account within 1 business day after the order is placed, the sale will not be realized and orders will be automatically canceled. In order for the approval of payments that do not have an order number in the transaction description (for example, transactions made from bank ATMs), an e-mail containing the order number together with the transfer/EFT information must be sent to info@taleofmagic.com. For payments made by bank transfer, the order number must be included in the description section and in addition to this, the bank receipt information must be sent to info@taleofmagic.com in order for the transactions to be carried out properly. If this requirement is not fulfilled, the SELLER shall not be responsible for delayed delivery or order cancelations.
8. If for any reason after the delivery of the Product, the Bank / financing institution to which the credit card to which the transaction is made does not pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, at the expense of the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the Product price receivable without accepting the return, are also reserved.
In addition, the credit card, installment card, etc. that the BUYER owns the sales price. all facilities provided by these cards are credit and/or installment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in advance are not credit or installment sales for the parties to this Agreement and are cash sales.
9. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions and the delay exceeds 10 days, the SELLER shall inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.
10. If it is understood that the Product / Service subject to the contract cannot be supplied for a justifiable reason other than extraordinary circumstances, the SELLER may supply another good / service of equal quality and price by informing the BUYER and obtaining his approval and is deemed to have fulfilled the contractual commitment in this way. In cases where the BUYER does not give approval on the internet, the return provisions regarding the cancellation of the order are applied.
11. The SELLER shall not have any liability in the event that the SELLER cannot fulfill its performance in the event of non-existent or unforeseen force majeure events on the date the order confirmation is made on the internet. If this force majeure lasts for more than 15 days, each party shall have the right to terminate the contract unilaterally.
12. The BUYER may notify the SELLER of his/her requests and complaints regarding the product and sales through the SELLER communication channels in the introduction section of the Agreement.
13. Persons under the age of 18 and restricted persons cannot shop at www.taleofmagic.com.
ARTICLE 7: EVIDENCE AGREEMENT
In disputes that may arise from this contract, the parties agree that the data stored in the commercial books and records and systems of the SELLER shall be subject to the provisions of Article 193 of the CCP No. 6100 in all kinds of disputes. declares, accepts and undertakes that it will be accepted as conclusive evidence in accordance with the article.
ARTICLE 8: APPLICABLE LAW AND COMPETENT COURT
Turkish Law shall apply to the interpretation of this contract, determination of any obligations arising from the contract, resolution of disputes and all other matters, and the contract is subject to Turkish Law.

The BUYER may send his/her requests and complaints regarding the products purchased to the SELLER’s e-mail address specified above. The SELLER declares that it will do its best to resolve justified claims and complaints immediately, but if the problem cannot be resolved in this way through reconciliation;
If the BUYER is also a consumer within the framework of the provisions of Law No. 6502; If they wish, they can make their applications for complaints and objections in accordance with the relevant articles of the Law No. 6502 on the Protection of Consumers and within the monetary limits, they can make their applications to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the consumers purchase the goods / services or where their residence is located. In terms of BUYERS who do not have the title of consumer, legal remedies will be applied within the framework of the provisions of the Turkish Commercial Code and the Code of Obligations. The competent jurisdiction for the resolution of disputes arising from this agreement is Istanbul (Çağlayan) Courts and Enforcement Offices in Istanbul.
ARTICLE 9: ADDRESSES, NOTIFICATION AND NOTICES
The addresses notified by the parties in this contract or the address notified by the BUYER to the website are legal notification addresses. The parties accept, declare and undertake that if the other party does not immediately notify the other party in writing of any changes to be made to the address, in the event that he/she is not present at the address given, even if the notification sent is returned, it will have all the legal consequences of a valid notification made to the addressee.
ARTICLE 10: CONFIRMATION OF THE CONTRACT
The BUYER declares that he / she has read all the conditions and explanations written in this contract and in the preliminary information form which constitutes an integral part of it, the basic qualities of the Products subject to sale, sales price, payment method, delivery conditions, etc. He / she has prior knowledge of all preliminary information about the Product subject to sale and the right of withdrawal, that he / she sees and confirms the preliminary information electronically at www.taleofmagic.com and that it is sent to his / her e-mail registered in the system, thus ordering the product and accepting the provisions of this Agreement by giving confirmation-consent to all of them electronically.
ARTICLE 11: EFFECTIVE DATE
11 (eleven) articles of this contract and the terms of the preliminary information form have been accepted by the parties and the contract has entered into force from the date the BUYER accepts this contract electronically.