Sales contract
ERVA STORE - DISTANCE SELLING AGREEMENT AND TERMS OF USE
SECTION 1: PARTIES AND DEFINITIONS
ARTICLE 1: PARTIES
1.1. SELLER
Title / Business Name: Erva Store (Hereinafter referred to as the "SELLER".)
E-mail: info@ervastore.com.tr
Website: www.ervastore.com.tr (Hereinafter referred to as the "Website".)
1.2. BUYER
Any real or legal person who registers on the Erva Store Website, shops as a guest, or places an order (Hereinafter referred to as the "BUYER".)
ARTICLE 2: DEFINITIONS
In the application and interpretation of this agreement, the following terms shall bear the written explanations opposite them:
Ministry: The Ministry of Trade,
Law: Law No. 6502 on the Protection of Consumers,
Regulation: Regulation on Distance Contracts,
Service: The subject of any consumer transaction other than providing goods made or committed to be made in exchange for a fee or benefit,
Product/Goods: Refers to movable property, clothing, textiles, accessories, and similar items subject to shopping.
SECTION 2: SUBJECT AND SCOPE OF THE AGREEMENT
ARTICLE 3: SUBJECT
This agreement covers the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities, quantity, and sales price are specified on the Website, sold by the SELLER to the BUYER.
By approving this agreement electronically on the Website, the BUYER accepts and declares in advance that they have read and understood all the details of the agreement terms, and that they will be under the obligation to pay if they place an order.
SECTION 3: PRODUCT INFORMATION, PRICE, AND PAYMENT TERMS
ARTICLE 4: PRODUCT FEATURES AND PRICE
The type, quantity, brand/model, color, size, and sales price including VAT in Turkish Lira of clothing and textile products are located on the relevant product page of the Website.
The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated and changed by the SELLER. Prices announced for a specific period remain valid until the end of that period.
The sales price including all taxes of the goods or services subject to the agreement is clearly stated on the order summary screen.
ARTICLE 5: PAYMENT METHOD AND SCHEDULING
The BUYER may shop using a Credit Card, Debit Card, or other secure payment methods supported by the system's infrastructure on the Website.
For payments made by credit card, installment options vary depending on the legal regulations and campaigns of the bank to which the BUYER's card belongs. The SELLER is not responsible for disputes arising from bank campaigns.
For the order to be processed and the cargo preparation process to begin, the payment must be successfully completed by the BUYER. Orders whose payment is not approved will under no circumstances be processed.
SECTION 4: DELIVERY AND PERFORMANCE PROCEDURES
ARTICLE 6: PLACE OF DELIVERY AND TO WHOM IT WILL BE DELIVERED
The product is delivered to the delivery address specified by the BUYER on the Website and to the authorized person/entity at this address via the contracted cargo company. In the absence of anyone at the address, the cargo company's procedures shall apply.
The cargo delivery time changes depending on the stock status of the product and the distribution network of the cargo company, provided that it does not exceed the legal maximum period of 30 days from the confirmation of the order.
ARTICLE 7: SHIPPING FEES AND DAMAGE DETECTION
The shipping fee is paid by the BUYER unless otherwise stated. If a "Free Shipping" campaign has been announced by the SELLER above certain amounts, the shipping fee shall be borne by the SELLER provided that the campaign conditions are met.
The BUYER is obliged to check the cargo package in front of the cargo officer before taking delivery of the product. Crushed, torn, opened, damaged, or wet packages must never be accepted. In such cases, the BUYER must have the cargo officer draw up a report and reject the product. The SELLER shall not be held responsible for damages and missing product claims arising from packages received damaged.
SECTION 5: RIGHT OF WITHDRAWAL AND RETURN/EXCHANGE PROCEDURE (7 DAYS)
ARTICLE 8: EXERCISE OF THE RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the agreement by rejecting the goods without undertaking any legal or criminal responsibility and without giving any justification within 7 (seven) days from the date of delivery of the goods to themselves or the person/organization at the address indicated.
To exercise the right of withdrawal, written notification must be made to the SELLER via e-mail or the customer panel within this period.
ARTICLE 9: CLOTHING PRODUCTS RETURN AND EXCHANGE CONDITIONS
It is mandatory that the clothing product to be returned or exchanged is delivered complete and undamaged, along with its box, packaging, any standard accessories, and especially with product tags intact.
Situations Where Returns / Exchanges Will Not Be Accepted:
Products whose original packaging is broken, torn, or has lost its re-salability feature.
Textile products that have been worn, exposed to makeup, deodorant, perfume, sweat, or tobacco odor while being tried on, washed, stained, or damaged.
Products specially produced or modified in accordance with the BUYER's requests or personal measurements/needs.
Products to be returned within the scope of the right of withdrawal must be sent via the SELLER's contracted cargo company specified on the website. Shipments sent outside the contracted cargo and with unpaid shipping fees may not be accepted by the SELLER.
The price of products that fully comply with the return conditions shall be refunded to the BUYER in a single payment via the method the BUYER used for payment (credit card/debit card) within at the latest 14 (fourteen) days from the moment the product reaches the SELLER. The reflection time of credit card refunds to bank accounts depends on the relevant bank's processes.
SECTION 6: INTELLECTUAL PROPERTY, COPYRIGHTS, AND USAGE RULES
ARTICLE 10: INTELLECTUAL RIGHTS AND BRAND PROTECTION
The title, business name, logo, icons, designs, written texts, product images, banner designs, software, and all kinds of digital materials on the website belonging to the "Erva Store" brand belong to the SELLER or are used under legal licenses.
These elements cannot be copied, reproduced, published on other websites, shared with 3rd parties, or used for commercial purposes without permission. Otherwise, the SELLER reserves the right to initiate legal and criminal proceedings.
ARTICLE 11: USER RULES AND SECURITY
The BUYER accepts and undertakes to comply with all applicable laws while using the Website, not to use harmful software (viruses, trojans, bots, etc.) that would jeopardize site security, and not to violate the rights of other users.
SECTION 7: PRIVACY AND PROTECTION OF PERSONAL DATA (KVKK)
ARTICLE 12: PRIVACY AND DATA SECURITY
The SELLER processes and stores personal information such as name, surname, open address, phone number, and e-mail address registered by the BUYER to the system in accordance with the provisions of Law No. 6698 on the Protection of Personal Data (KVKK), and strictly does not share it with third parties except for legal obligations.
Credit card or payment information belonging to the BUYER is under no circumstances stored or kept in the SELLER systems. All payment transactions are carried out directly through the secure servers of intermediary banks and payment institutions with 256-bit SSL security certificate encryption infrastructure.
SECTION 8: RESOLUTION OF DISPUTES AND COMPETENT COURT
ARTICLE 13: COMPETENT AUTHORITIES
In disputes that may arise from the application and interpretation of this agreement, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER's residence is located or where the consumer transaction is made shall be authorized, within the monetary limits announced by the Ministry of Trade every year.
In the event that the order is approved electronically, the BUYER shall be deemed to have read, examined, and accepted all provisions of this agreement completely.
