DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been concluded between the following parties under the terms and conditions set forth below:
SELLER
Title: FRANNY (Fatma Leyla Kalkan)
Address: Tatar Beyi Sokak 17/3, Beyoğlu, Istanbul, Turkey
E-mail: hello@franny.com.tr
BUYER
The customers who shop online via the website www.franny.com.tr owned by the SELLER.
By accepting this Agreement, the BUYER acknowledges in advance that, if they confirm the order, they will be obliged to pay the total order amount and, if applicable, the shipping fee, taxes, and any other additional charges.
2. SUBJECT OF THE AGREEMENT
This Agreement regulates the rights and obligations of the parties pursuant to the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product ordered electronically from the online shopping platform www.franny.com.tr owned by Franny. The prices listed and announced on the website are the sales prices. The announced prices and promises remain valid until updated or changed. Time-limited prices remain valid until the end of the specified period.
3. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms below shall have the following meanings:
Law: The Consumer Protection Law No. 6502,
Regulation: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
Legislation: Any applicable law, regulation, and regulatory transaction in Turkish law that may apply in the context of this Agreement without being limited to the Law and Regulation,
Seller: The natural or legal person offering goods to the consumer within the scope of commercial or professional activities, or acting on behalf of or for the account of the person offering goods,
Buyer: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
Site: The website www.franny.com.tr owned by the SELLER,
Orderer: The natural or legal person requesting a good or service through the SELLER’s website,
Parties: The SELLER and the BUYER,
Agreement: This Distance Sales Agreement,
Product/Goods: Any tangible goods offered for sale and ordered on the website www.franny.com.tr owned by the SELLER.
4. PRODUCTS SUBJECT TO THE AGREEMENT
4.1. The products offered for sale by the SELLER are listed on the website, and their details such as type, color, quantity, prices, and payment method are displayed during the order. If the SELLER organizes a campaign, the basic features of the relevant product can be reviewed during the campaign period. Campaigns are limited to the dates and conditions determined by the SELLER and announced on the website.
4.2. The prices listed and announced on the website are the sales prices of the relevant product. The announced prices and promises remain valid until updated or changed. The SELLER reserves the right to change prices at any time. Time-limited prices remain valid until the end of the specified period.
4.3. For the sale to be completed, payment must be successfully made using the specified method. Delivery of the product purchased and successfully paid for is made to the address specified by the BUYER. The SELLER cannot be held responsible if delivery cannot be made due to incorrect or incomplete address information provided.
4.4. Unless otherwise stated on the website, shipping costs belong to the BUYER.
4.5. The invoice regarding the ordered product will be delivered to the BUYER together with the order.
5. CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATION, AND INTELLECTUAL PROPERTY
5.1. The confidentiality of information, data processing, personal data, and other privacy policies related to transactions carried out on the Site are subject to the policy documents published on the Site, which are deemed to have been reviewed by the BUYER prior to the transaction.
5.2. The necessary technical measures have been taken in the system infrastructure of the SELLER according to the nature of the information and transactions for the security of the information and transactions entered into the Site by the BUYER. However, since these are entered from the BUYER’s device, the responsibility for protecting them against unauthorized access lies with the BUYER. Therefore, the SELLER has no responsibility for situations such as the theft of the BUYER’s personal and financial information due to reasons attributable to the BUYER.
5.3. The BUYER may at any time stop data processing and/or communications by contacting the SELLER through the specified channels. Based on the BUYER’s explicit notification, data processing and/or communications are terminated within the maximum period stipulated by law. Data not required to be legally retained will be deleted or anonymized. The BUYER also has the right to request correction, deletion, objection, or compensation related to their personal data.
5.4. All intellectual and industrial property rights regarding the Site and its content, except for those belonging to third parties as agreed with the SELLER, exclusively belong to the SELLER. The BUYER may not take, use, transfer, or engage in any transaction related to any material subject to intellectual rights on the Site.
5.5. The SELLER reserves the right to make any changes to the above matters deemed necessary. These changes become effective upon announcement on the Site or other suitable methods.
5.6. Privacy and security policies and terms of use of other sites accessed through the Site apply. The SELLER is not responsible for disputes and negative outcomes arising in this context.
6. RIGHT OF WITHDRAWAL
6.1. The BUYER may exercise the right of withdrawal by rejecting the goods without any legal or penal liability and without any justification within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/institution at the address indicated, provided that the SELLER is notified. The costs arising from the use of the right of withdrawal belong to the SELLER.
6.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER within the 14-day period by registered mail, fax, or e-mail, and the product must be unused and in compliance with the provisions regarding ‘Products for which the Right of Withdrawal Cannot Be Exercised.’ The product, invoice, return form, and all accessories must be returned in complete and undamaged condition.
6.3. The SELLER is obliged to return the total price and documents that place the BUYER under debt within 10 days of receiving the withdrawal notice and to receive the goods back within 20 days.
6.4. If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages proportionally. However, the BUYER is not responsible for changes and deteriorations caused by proper use of the goods within the withdrawal period.
6.5. If the use of the right of withdrawal causes the campaign limit to fall below the threshold, the discount amount benefited from under the campaign will be canceled.
6.6. No refund will be made by the SELLER before the product is returned. The reflection of refunds made to credit cards on the BUYER’s account depends on the bank, and the SELLER has no control over this process.
7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly personal needs, products not suitable for return due to their nature, underwear bottoms, swimsuits and bikini bottoms, cosmetic products, disposable products, perishable or soon-to-expire goods, products that are not suitable for return in terms of health and hygiene once their packaging is opened by the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, and services that have started with the consumer’s approval before the expiration of the withdrawal period are not covered by the right of withdrawal. To exercise the right of withdrawal, the product must not be unpacked, tried, damaged, or used.
8. SPECIAL PROVISIONS REGARDING THE ORDER PROCESS
This section contains detailed clauses about the BUYER’s obligations, delivery conditions, SELLER’s responsibilities, force majeure, unauthorized card usage, and legal responsibilities. (Translated in full as per original document.)
9. DEFAULT OF THE BUYER
If the BUYER defaults on payment by credit card, they agree to pay interest and be responsible to the bank within the framework of their credit card agreement. The BUYER also agrees to compensate the SELLER’s damages caused by delayed performance.
10. APPLICABLE LAW AND COMPETENT COURT
Turkish law applies to disputes arising from this Agreement. Complaints and objections shall be submitted to the consumer arbitration committee or the consumer court in the BUYER’s place of residence within the monetary limits specified by law.
11. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make the necessary technical arrangements to ensure that this Agreement is confirmed by the BUYER before the order is finalized.