Distance Sales Agreement

1. PARTIES

The Parties below have accepted, declared and committed to this Distance Sales Contract (“Agreement”) and the following terms and conditions. The Parties will hereinafter be collectively referred to as the "Parties" and each separately as the "Party".

SELLER (hereinafter referred to as "SELLER" in the Contract.)

Commercial Title: VANESSA TOLEDO SHIPPING COMPANY

Address: MASLAK MAH. SANARTKARLAR SK. ECLIPSE MASLAK NO:2B INTERIOR DOOR NO: 160SARIYER/ISTANBUL

Phone : 05327646874

MASLAK VD 8490461378

E-Mail Address: info@summerattitude.com

BUYER (hereinafter referred to as "BUYER" in the Contract.)

Name – surname: (invoice-user-name)

Address : (invoice-address)

Phone : (phone-no)

E-Mail: (e-mail)

By accepting this Agreement, the BUYER accepts in advance that if he/she approves the order subject to the Agreement, he/she will be under the obligation to pay the price of the order and the additional fees specified, if any, such as shipping fee and tax, and that he/she has been informed about this issue.

2. DEFINITIONS

In the application and interpretation of this Agreement, the terms written below shall refer to the written explanations against them.

LAW: Consumer Protection Law No. 6502,

REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,

BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes and requests the goods or services through the website of the SELLER,

SITE: The website of the SELLER,

PARTIES: SELLER and BUYER,

AGREEMENT: This contract concluded between the SELLER and the BUYER,

GOODS/PRODUCT: It refers to the movable goods subject to shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts with regard to the sales and delivery of the product with the qualifications and sales price specified by the BUYER on the SITE belonging to the SELLER.

Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

4. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

4.1 The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the SELLER's SITE. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.

4.2. Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

4.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product description

Order Content and Total (basket-amount)

Order Date : (date)

5. INVOICE INFORMATION

Name on Invoice : (invoice-user-name)

Billing Address : (invoice-address)

Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.

6. DELIVERY AND DELIVERY METHOD OF THE GOODS

The contract has entered into force with the approval of the Buyer in electronic environment and is executed by the delivery of the Goods/Services purchased by the BUYER from the SELLER to the BUYER. The Goods/Services will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the authorized person(s) specified.

7. DELIVERY COSTS AND PERFORMANCE

The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the website that the delivery fee will be covered by it, the delivery costs will belong to the SELLER. Delivery of the goods; If the SELLER's stock is available and after the payment is made, it is made in the promised time. The SELLER delivers the Goods/Services within 15 (fifteen) days from the ordering of the Goods/Services by the BUYER, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If, for any reason, the Goods/Service price is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the Goods/Services.

The BUYER is responsible for the shipping cost in order cancellations made by the BUYER after the goods are shipped by the SELLER but before the BUYER's receipt.

8. GENERAL PROVISIONS

8.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the SITE belonging to the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; It accepts, declares and undertakes to confirm the Preliminary Information in electronic environment, to obtain the address to be given by the SELLER to the BUYER before the conclusion of the Contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .

8.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the SITE, depending on the distance from the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Contract.

8.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.

8.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising from the Contract.

8.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.

8.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.

8.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, in case the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER may, It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.

8.8. The SELLER accepts, declares and undertakes that if the SELLER cannot deliver the product subject to the Contract in due time due to force majeure circumstances such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the Parties, which are beyond the will of the Parties, it will notify the BUYER of the situation. it does. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In the event that the order is canceled by the BUYER, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER, in the payments made by the BUYER by credit card. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.

8.9. Communication via letter, e-mail, SMS, phone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form to the SITE or updated by him later, has the right to reach the BUYER for marketing, notification and other purposes. By accepting this Agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.

8.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

8.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.

8.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SITE is truthful, and that the SELLER will immediately indemnify all damages due to the untrueness of this information, upon the first notification of the SELLER, in cash and in full. .

8.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SITE belonging to the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

8.14. The BUYER may not use the SELLER's SITE in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot take actions that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

8.15. On the SITE of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

8.16. The member who violates one or more of the articles listed in this Agreement will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

9. RIGHT OF WITHDRAWAL

9.1. BUYER; In case the contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him or the person/organization at the address indicated, he may use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he informs the SELLER. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this Agreement, the BUYER accepts in advance that he has been informed about the right of withdrawal.

9.2. In order for the right of withdrawal to be exercised, the BUYER shall notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days from the delivery of the goods to the BUYER, and the product shall be referred to as "Products for which the Right of Withdrawal cannot be exercised", which is regulated in this Agreement. must not be used in accordance with its terms.

If the right of withdrawal is exercised,

a. The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.) must be sent to the SELLER.

b. The return form (it is located on the back of the waybill invoice delivered to the BUYER with the product) must be sent to the SELLER.

c. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

D. The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days at the latest from the receipt of the withdrawal notice to the BUYER, and the BUYER is obliged to return the goods within 10 days.

to. 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 losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.

f. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

10. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

Underwear bottom pieces (both pieces if the top and bottom pieces are sold as a set), swimwear and bikini bottoms (both pieces if the top and bottom pieces are sold as a set), which are prepared according to the request of the BUYER or clearly personal needs and are not suitable for return. make-up materials, disposable products, goods that are in danger of spoiling quickly or that may expire products that cannot be separated, goods related to periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices If the packaging of computer consumables has been opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.

In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.), their packages are unopened, untested, intact. and they must be unused.

11. CASE OF DEFERRED AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

12. RESOLUTION OF DISPUTES

In the implementation of this Agreement, the Consumer Arbitration Committees and Consumer Courts are authorized in the place where the Buyer purchases the Goods or Services and where the residence is located, up to the value declared by the Ministry of Customs and Trade. 68 of the Law on the Protection of Consumers No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.

13. PRICE OF GOODS/SERVICES

The cash or deferred sales price of the goods is included in the order form, but is the price included in the information e-mail sent at the end of the order and in the invoice sent to the customer together with the product. Discounts, coupons, shipping charges etc. made by the SELLER. applications are reflected in the sales price.

14. NOTICES AND EVIDENCE AGREEMENT14.

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER, in case of disputes that may arise from this Agreement, declares that the official books and commercial records of the SELLER, the electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article will constitute an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that

15. EFFECTIVENESS

When the BUYER makes the payment for the order placed on the SITE, it is deemed to have accepted all the terms of this AGREEMENT. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this AGREEMENT has been read and accepted by the BUYER on the SITE before the order is fulfilled.

16. CONTRACT DATE

The effective date of the contract is ../../…, which is the date the order is placed by the buyer. is historical.

SELLER

BUYER