DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement (“Agreement”) has been concluded electronically between the SELLER whose details are provided below and the BUYER who places an order through www.franny.com.tr, under the following terms and conditions.
SELLER
Title: FRANNY (Fatma Leyla Kalkan)
Address: Tatar Beyi Sokak 17/3, Beyoğlu, Istanbul, Turkey
E-mail: hello@franny.com.tr
Telephone: +905383362622
Tax Identification No. / Turkish ID No.: 2751026143
Website: www.franny.com.tr
BUYER
The BUYER is the consumer who places an order through www.franny.com.tr. The BUYER’s name, surname, contact details, delivery and billing address, and other information relating to the order consist of the information provided by the BUYER during the order process.
By confirming the order, the BUYER acknowledges that they will be obliged to pay the total order amount and any applicable shipping, tax, customs, or other additional charges disclosed before completion of the order.
2. SUBJECT OF THE AGREEMENT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of products ordered electronically by the BUYER through www.franny.com.tr, pursuant to Turkish Consumer Protection Law No. 6502, the Distance Contracts Regulation, and other applicable legislation.
The essential characteristics, sales price, payment method, delivery information, and other details relating to the ordered product are displayed to the BUYER through the Site and checkout process before completion of the order.
3. DEFINITIONS
For the purposes of this Agreement:
Law: Turkish Consumer Protection Law No. 6502,
Regulation: The Distance Contracts Regulation,
Legislation: Applicable laws, regulations, communiqués, and other regulatory provisions in force that may apply within the scope of this Agreement,
SELLER: FRANNY (Fatma Leyla Kalkan),
BUYER: The consumer who purchases a product for non-commercial or non-professional purposes,
Site: The website www.franny.com.tr,
Parties: The SELLER and the BUYER,
Agreement: This Distance Sales Agreement,
Product/Goods: The tangible goods offered for sale through the Site and ordered by the BUYER.
4. PRODUCTS, PRICES, PAYMENT AND SHIPPING
4.1.
The type, color, size, quantity, price, and other essential characteristics of the products offered for sale are displayed to the BUYER on the Site and during the order process.
4.2.
The prices displayed on the Site are the sales prices applicable at the time the order is placed. The SELLER reserves the right to change product prices prospectively. Price changes made after completion of an order shall not affect the completed order.
Time-limited campaigns and discounts shall remain valid for the period and subject to the conditions announced for the relevant campaign.
4.3.
An order is created once payment has been successfully completed using the selected payment method.
The product shall be sent to the delivery address provided by the BUYER during the order process. The BUYER is responsible for ensuring that the delivery and contact information provided is accurate and complete.
4.4.
Domestic shipping within Turkey is free of charge.
International shipping options and charges may vary depending on the destination and shipping method. Any applicable shipping charges, customs duties, import taxes, or other charges relating to international orders shall, depending on the nature of the order, be disclosed to or agreed with the BUYER before completion of the order.
4.5.
The invoice relating to the order shall be provided to the BUYER physically or electronically in accordance with applicable legislation.
5. PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATION AND INTELLECTUAL PROPERTY
5.1.
Personal data processed in connection with transactions carried out through the Site shall be processed in accordance with the Personal Data Protection and Privacy Policy published on the Site and applicable data protection legislation.
5.2.
The SELLER shall take appropriate technical and administrative measures to protect personal data and transaction information processed through the Site.
The BUYER is responsible for maintaining the security of their own devices, accounts, passwords, and access credentials.
5.3.
Advertising, campaign, promotional, and similar marketing communications shall only be sent where the necessary permissions have been obtained under applicable legislation and in accordance with the BUYER’s communication preferences.
The BUYER may change their marketing communication preferences or withdraw the relevant consent through the available communication channels.
Requests concerning personal data may be submitted in accordance with the procedures specified in the personal data protection notice published on the Site.
5.4.
All intellectual and industrial property rights relating to photographs, texts, designs, graphics, logos, and other content on the Site that belong to FRANNY or are lawfully used by FRANNY are reserved.
Except where permitted by applicable law, such content may not be copied, reproduced, distributed, or commercially used without the SELLER’s authorization.
5.5.
The Site may contain links to third-party websites or services. The privacy, security, and terms of use applicable to such services are determined by the relevant third parties.
6. RIGHT OF WITHDRAWAL AND RETURNS
6.1.
Except where the right of withdrawal is excluded under applicable legislation, the BUYER has the right to withdraw from the Agreement within 14 (fourteen) days without giving any reason and without incurring a contractual penalty.
For the sale of goods, the withdrawal period begins on the date on which the BUYER or a third party designated by the BUYER receives the product.
The BUYER may also exercise the right of withdrawal during the period between the conclusion of the Agreement and delivery of the product.
6.2.
To exercise the right of withdrawal, it is sufficient for the BUYER to notify the SELLER of their decision to withdraw by means of a clear statement within the 14-day period.
The withdrawal notice may be sent by e-mail to hello@franny.com.tr or by any other method permitted under applicable legislation.
6.3.
Unless the SELLER has offered to collect the product, the BUYER must return the product within 14 days from the date on which the withdrawal notice is submitted.
For domestic returns within Turkey, the BUYER is requested to return the product via Yurtiçi Kargo in accordance with the return instructions provided by the SELLER.
Where the designated return method is used, domestic return shipping costs shall be covered by the SELLER.
6.4.
Where the right of withdrawal is exercised, refunds shall be made within the periods and subject to the conditions prescribed by applicable legislation.
Where the product is returned using the carrier designated by the SELLER for returns, the applicable statutory refund period shall be calculated from the date on which the product is delivered to the carrier.
Where the right of withdrawal is exercised before the product has been delivered to the BUYER, the refund period shall begin on the date on which the withdrawal notice reaches the SELLER.
Refunds shall be made using a payment method compatible with the payment method originally used by the BUYER and without imposing any additional cost or obligation on the BUYER.
After the SELLER has processed the refund, the time required for the amount to appear in the BUYER’s account may vary depending on the processing times of the relevant bank or payment service provider.
6.5.
The BUYER may reasonably inspect and try the product to determine its nature, characteristics, and functioning.
Where a decrease in the value of the product occurs as a result of handling beyond what is reasonably necessary to determine its nature and characteristics, the BUYER may be responsible for such decrease in value to the extent provided by applicable legislation.
Reasonably trying on a garment for the purpose of assessing its characteristics and suitability does not, by itself, eliminate the statutory right of withdrawal.
6.6.
Where applicable, the returned product should be sent together with any standard accessories or components supplied with the product.
The BUYER’s statutory rights relating to defective or non-conforming goods under the Law and applicable legislation remain reserved.
7. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal may not be exercised in circumstances specified by applicable legislation. Where applicable, these include:
• Products specifically prepared in accordance with the BUYER’s requests or personal needs;
• Goods that are liable to deteriorate rapidly or expire;
• Goods whose protective packaging, seal, tape, or package has been opened after delivery and whose return is unsuitable for health or hygiene reasons;
• Goods that become inseparably mixed with other products after delivery;
• Other goods or services expressly excluded from the right of withdrawal under applicable legislation.
The fact that a FRANNY product is produced after an order is placed, meaning that it is “made to order,” does not by itself mean that the product is excluded from the right of withdrawal.
The personalized-goods exception to the right of withdrawal shall apply, to the extent provided by applicable legislation, where the product has been specifically produced, altered, or personalized according to the BUYER’s individual request or personal needs.
8. PRODUCTION, DELIVERY AND ORDER PROCESS
8.1.
Unless otherwise stated on the relevant product page, FRANNY products are made to order.
The standard production period is approximately 7–10 business days.
The production period is separate from the shipping and delivery time following handover of the product to the carrier.
8.2.
The SELLER shall fulfill the order within the period promised to the BUYER. Unless a different period is provided under applicable legislation or agreed for products prepared in accordance with the BUYER’s requests or personal needs, the delivery period for the sale of goods shall not exceed the statutory maximum period.
8.3.
The SELLER shall be responsible, subject to the exceptions provided under applicable legislation, for any loss or damage occurring until the product is delivered to the BUYER or to a third party designated by the BUYER other than the carrier.
8.4.
If delivery of the ordered product or performance of the Agreement becomes impossible, the SELLER shall notify the BUYER in writing or through a permanent data storage medium within the period prescribed by applicable legislation and refund the amounts collected within the statutory period.
The fact that a product is out of stock shall not, by itself, constitute impossibility of performance.
8.5.
The BUYER is responsible for providing accurate and complete delivery and contact information during the order process. If delivery cannot be completed due to incorrect or incomplete information, the parties shall communicate in order to determine an appropriate solution.
8.6.
If the BUYER requests the use of a carrier other than the carrier designated by the SELLER, responsibility for any loss or damage occurring after the product has been delivered to the carrier selected by the BUYER shall be determined in accordance with applicable legislation.
8.7.
Natural disasters, severe weather conditions, strikes, serious disruptions to transportation or communications infrastructure, decisions of public authorities, and similar circumstances beyond the reasonable control of the parties may affect production or delivery times.
In such circumstances, the SELLER shall inform the BUYER as soon as reasonably possible. The mandatory rights of the parties under consumer protection legislation remain reserved.
8.8.
If payment for the ordered product is not completed or is subsequently cancelled by the relevant bank or payment service provider, the SELLER shall have no obligation to deliver the product.
8.9.
Communications necessary for the performance of the Agreement, including communications relating to the order, delivery, payment, or customer service, may be sent to the BUYER.
The sending of advertising, campaign, promotional, or similar marketing communications is not conditional upon acceptance of this Agreement. Such communications shall only be sent where the BUYER has provided any permission required under applicable legislation and in accordance with the BUYER’s communication preferences.
8.10.
If the BUYER notices clear and visible damage to the shipping package at the time of delivery, the BUYER is encouraged, where possible, to notify the carrier and contact the SELLER.
Failure to inspect the product at the time of delivery or to obtain a damage report from the carrier shall not eliminate the BUYER’s mandatory rights under applicable consumer protection legislation.
The BUYER’s statutory right of withdrawal and rights relating to defective goods remain reserved.
9. PAYMENT
The BUYER is responsible for paying the order amount using the payment method selected during checkout.
Where a credit card or another payment service is used, the relationship between the BUYER and the relevant bank or payment service provider shall also be subject to the agreement and conditions applicable to the relevant payment instrument.
Nothing in this provision shall be interpreted as imposing any interest, fee, compensation, or other obligation on the BUYER contrary to mandatory consumer protection legislation.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Republic of Turkey.
For consumer disputes arising from this Agreement, applications may be made to the competent Consumer Arbitration Committees or Consumer Courts in accordance with the monetary limits, jurisdiction rules, and other provisions applicable on the date of the dispute.
The BUYER’s mandatory rights regarding applications and jurisdiction under consumer protection legislation remain reserved.
11. EFFECTIVENESS
Before completion of the order, the BUYER shall be provided through the Site and checkout process with the preliminary information and contractual terms required under applicable legislation.
By confirming an order that entails an obligation to pay, the BUYER accepts the contractual terms applicable to the order.
This Agreement shall become effective upon completion of the order in accordance with applicable legislation.
The SELLER shall retain the information and records relating to the Agreement and the order for the period required under applicable legislation.